Floor Statements

Mr. President, I would like to announce for the information of the Senate and the Public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Tuesday, July 28, 2009, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to consider the nominations of James J. Markowsky, to be an Assistant Secretary of Energy (Fossil Energy), Warren F. Miller, Jr., to be an Assistant Secretary of Energy (Nuclear Energy) and Director of the Office of Civilian Radioactive Waste, Anthony M. Babauta, to be an Assistant Secretary of the Interior (Insular Areas), and Jonathan B. Jarvis, to be the Director of the National Park Service.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to [email protected].

For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

committee on energy and natural resources

Mr. President, I would like to announce for the information of the Senate and the public that a business meeting has been scheduled before Committee on Energy and Natural Resources. The business meeting will be held on Tuesday, July 28, 2009, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building, immediately preceding the hearing on other nominations.

The purpose of the business meeting is to consider pending nominations.

For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. President, I rise today to submit a resolution commemorating the 400th anniversary of the founding of the City of Santa Fe, NM. This bill is cosponsored by Senator Tom Udall and a companion bill will be introduced in the House by Representatives Ben Ray Lujan, Martin Heinrich, and Harry Teague.

Over the next year the City of Santa Fe will commemorate the arrival of Spanish settlers and the designation of the City as the capital city of the Spanish territory now known as New Mexico. On their arrival the Spaniards found a thriving Native American culture. These Native American and Spanish cultures served to enrich each other and led the creation of a vibrant social, cultural, and financial center that made the settlement of the Western United States possible.

Despite the difficulties and periodic clashes the Spanish, Native American, and Anglo cultures in Santa Fe fought and worked to create a unique and vibrant culture that enriched all in the area. It is this confluence of cultures and the incomparable natural beauty of the area that make Santa Fe, The City Different, an American treasure that should be recognized and celebrated.

Santa Fe is celebrated worldwide for its thriving artistic community, including the Santa Fe Opera, museums, and working artists. Many of these artists were drawn to its natural beauty, the light and air of the place. It is this special something that led artists like D.H. Lawrence and Georgia O'Keefe and countless others to visit and move to the area.

We in New Mexico know how lucky we are to have Santa Fe and its treasures the entire state stands with the City to commemorate its 400th anniversary. That is why I am proud to introduce this resolution with the entire New Mexico delegation calling on the Congress to recognize the historical significance of Santa Fe and calling on the People of the United States to observe the anniversary with appropriate ceremonies and activities.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and Natural Resources. The hearing will be held on July 23, 2009, at 2:30 p.m. in room 366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to receive testimony on the following bills: S. 637, Dry-Redwater Regional Water Authority System Act of 2009; S. 789, Tule River Tribe Water Development Act; S. 1080. A bill to clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes; and S. 1453. To amend Public Law 106-392 to maintain annual base funding for the Bureau of Reclamation for the Upper Colorado River and San Juan fish recovery programs through fiscal year 2023.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to Gina [email protected] .gov.

For further information, please contact Tanya Trujillo at (202) 224- 5479 or Gina Weinstock at (202) 224-5684.

Mr. President, today I am pleased to introduce the Bureau of Reclamation Fish Recovery Programs Reauthorization Act of 2009 with my colleagues Senator Udall of New Mexico, Senator Udall of Colorado, Senator Bennet, Senator Bennett, and Senator Hatch. This bill will extend the Bureau of Reclamation's authorization to provide cost sharing for capital construction and annual operations from 2011 through 2023 for the Upper Colorado and San Juan River Basin endangered fish recovery programs.

The programs have the dual goals of recovering federally listed endangered fish species in the Upper Colorado River basin while allowing water development and management activities to proceed in compliance with state laws, interstate compacts and the federal Endangered Species Act. The programs have substantial support from the Upper Basin states of New Mexico, Colorado, Wyoming and Utah, the Navajo Nation, the Jicarilla Apache Nation, the Southern Ute Tribe, and the Ute Mountain Tribe. Other water users, power customers and environmental organizations are also active participants in the programs. The Fish and Wildlife Service, the Bureau of Reclamation, the National Park Service and Western Area Power Administration also participate in the programs. All of the partners contribute significantly to the success of the programs.

Since 2000, the Bureau of Reclamation has been authorized to utilize revenues generated from Colorado River Storage Project Act projects as base funding for operation and maintenance of capital projects, monitoring and research to evaluate the need for, and effectiveness of, any recovery action, and for general program management. This bill extends the Bureau of Reclamation's authority to provide annual base funding for the programs through 2023 which coincides with the term of the existing Cooperative Agreements for the recovery programs and the expected date of recovery for certain species covered by the programs. The annual base funding contributes significantly to the successful implementation of the recovery actions in both programs.

Currently the Bureau of Reclamation's ability to use such funding will expire in 2011. If the expiration date is not extended, the annual base funding will be significantly reduced which would likely delay or impede the success of the recovery programs. The original authorizing legislation has been extended most recently through Section 9107 of the Omnibus Public Land Management Act of 2009, P.L. 111-11, and the amendments proposed by this bill would ensure that the Bureau of Reclamation's authorization for base funding coincides with the other authorizing provisions in P.L. 106-392.

I hope my colleagues will work with me and the bi-partisan group of cosponsors to help ensure that the recovery goals of the San Juan and Upper Colorado River Basin Recovery Programs can continue to be met. I therefore urge my colleagues to support this legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am pleased to introduce the Bureau of Reclamation Fish Recovery Programs Reauthorization Act of 2009 with my colleagues Senator Udall of New Mexico, Senator Udall of Colorado, Senator Bennet, Senator Bennett, and Senator Hatch. This bill will extend the Bureau of Reclamation's authorization to provide cost sharing for capital construction and annual operations from 2011 through 2023 for the Upper Colorado and San Juan River Basin endangered fish recovery programs.

The programs have the dual goals of recovering federally listed endangered fish species in the Upper Colorado River basin while allowing water development and management activities to proceed in compliance with state laws, interstate compacts and the federal Endangered Species Act. The programs have substantial support from the Upper Basin states of New Mexico, Colorado, Wyoming and Utah, the Navajo Nation, the Jicarilla Apache Nation, the Southern Ute Tribe, and the Ute Mountain Tribe. Other water users, power customers and environmental organizations are also active participants in the programs. The Fish and Wildlife Service, the Bureau of Reclamation, the National Park Service and Western Area Power Administration also participate in the programs. All of the partners contribute significantly to the success of the programs.

Since 2000, the Bureau of Reclamation has been authorized to utilize revenues generated from Colorado River Storage Project Act projects as base funding for operation and maintenance of capital projects, monitoring and research to evaluate the need for, and effectiveness of, any recovery action, and for general program management. This bill extends the Bureau of Reclamation's authority to provide annual base funding for the programs through 2023 which coincides with the term of the existing Cooperative Agreements for the recovery programs and the expected date of recovery for certain species covered by the programs. The annual base funding contributes significantly to the successful implementation of the recovery actions in both programs.

Currently the Bureau of Reclamation's ability to use such funding will expire in 2011. If the expiration date is not extended, the annual base funding will be significantly reduced which would likely delay or impede the success of the recovery programs. The original authorizing legislation has been extended most recently through Section 9107 of the Omnibus Public Land Management Act of 2009, P.L. 111-11, and the amendments proposed by this bill would ensure that the Bureau of Reclamation's authorization for base funding coincides with the other authorizing provisions in P.L. 106-392.

I hope my colleagues will work with me and the bi-partisan group of cosponsors to help ensure that the recovery goals of the San Juan and Upper Colorado River Basin Recovery Programs can continue to be met. I therefore urge my colleagues to support this legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before Committee on Energy and Natural Resources Subcommittee on National Parks.

The hearing will be held on Wednesday, July 22, 2009, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on the following bills:

S. 635, to amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System;

S. 715, to establish a pilot program to provide for the preservation and rehabilitation of historic lighthouses;

S. 742, to expand the boundary of the Jimmy Carter National Historic Site in the State of Georgia, to redesignate the unit as a National Historical Park, and for other purposes;

S. 1270, to modify the boundary of the Oregon Caves National Monument, and for other purposes;

S.1418 and H.R. 2330, to direct the Secretary of the Interior to carry out a study to determine the suitability and feasibility of establishing Camp Hale as a unit of the National Park System; and

H.R. 2430, to direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact David Brooks at (202) 224- 9863 or Anna Fox at (202) 224-1219.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before Committee on Energy and Natural Resources Subcommittee on National Parks.

The hearing will be held on Wednesday, July 15, 2009, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on the following bills:

S. 227, to establish the Harriet Tubman National Historical Park in Auburn, New York, and the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for other purposes;

S. 625, to authorize the Secretary of the Interior to establish the Waco Mammoth National Monument in the State of Texas;

S. 853, to designate additional segments and tributaries of White Clay Creek, in the States of Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System;

S. 1053, to amend the National Law Enforcement Museum Act to extend the termination date;

S. 1117, to authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of the States of New Hampshire and Vermont;

S. 1168 and H.R. 1694, to authorize the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812 under the American Battlefield Protection Program; and

H.R. 714, to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact David Brooks at (202) 224- 9863 or Anna Fox at (202) 224-1219.

Committee on Energy and Natural Resources

Mr. BINGAMAN: Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Committee on Energy and Natural Resources.

The hearing will be held on Tuesday, July 21, 2008, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to consider the preparedness of Federal land management agencies for the 2009 wildfire season and to receive testimony on S. 561 and H.R. 1404, the Federal Land Assistance, Management and Enhancement Act.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to [email protected].

For further information, please contact Anna Fox at (202) 224-1219 or Scott Miller at 202-2245488.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, July 9, 2009, at 2 p.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to consider the nominations of Wilma A. Lewis, to be an Assistant Secretary of the Interior, Richard G. Newell, to be Administrator of the Energy Information Administration, and Robert V. Abbey, to be Director of the Bureau of Land Management.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to Amanda_Kelly@energy .senate.gov.

For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. President, twice in the last 2 weeks I have asked a unanimous consent to proceed to consider Calendar No. 97. I would like to do that again at this time. We have advised the Republican side of the aisle I will be doing that, so I will proceed with that at this point.

Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider Calendar No. 97, the nomination of Hilary Chandler Tompkins to be the Solicitor of the Department of the Interior, that the nomination be confirmed, that the motion to reconsider be laid on the table, that no further motions be in order, that any statements relating to the nomination be printed in the Record, that upon confirmation the President be immediately notified of the Senate's action, and that the Senate then resume legislative session.

Mr. President, let me comment briefly. I regret objection has been raised again. This nomination was reported out of our Energy and Natural Resources Committee on April 30. Of course, we are now at June 17. There was no testimony at our committee hearing or no suggestion made by anybody that Ms. Tompkins was not qualified for this position. Clearly, she is qualified and well qualified for this position. She has served in important positions in our State government in New Mexico. She is, by education and experience, eminently qualified to be the Solicitor.

I also point out to my colleagues, she is the first Native American to be nominated by the President to be the Solicitor for the Department of the Interior, and she is the second woman in the history of this country to be nominated to be the Solicitor of the Department of the Interior.

This is an extremely important position. Secretary Salazar is trying very hard to put together a team of people who can help him to do the job of Secretary of Interior, and he needs a person in this Solicitor's office he can depend upon. He has chosen her to be that person.

To my mind, it is unacceptable for us to continue denying him the choice he has made, and the choice President Obama has made, for the Solicitor's office. It is very unfair to Ms. Tompkins to be denying her this position. Frankly, I have great difficulty understanding why she was singled out.

There have been a great many nominees who have come before the Senate in the last couple of months in connection with the Department of the Interior responsibilities. Why we would be singling her out and holding her up while others have been approved I have great difficulty understanding.

My colleagues say they need additional time. Frankly, I cannot understand what the additional time relates to. I know of no questions that need to be looked at. I know of no objections that have been raised to her nomination.

I hope that if there is anything, any additional investigation or question that continues to exist on the Republican side, they would resolve that here in the next day or two so we can complete this nomination and get on with other business. But this is a very unfair situation with regard to this nominee. In my view, there is no justification for it. I know the Presiding Officer, Senator Udall, and I will continue to pursue this repeatedly over the coming days until this matter is resolved and she can be confirmed. I believe that once permission is given for her nomination to be voted on, she will be overwhelmingly confirmed. That is as it should be. But due to the arcane rules that we operate under in the Senate, the Republican Members have chosen to hold up this nomination very unfairly, in my view, and I think we will have to revisit it again in the next few days.

Mr. President, I yield the floor and suggest the absence of a quorum.

Mr. President, I ask unanimous consent that Robert Burnham and Terri Chen of my office be granted the privilege of the floor for the pendency of S. 1023, the travel promotion bill.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Tuesday, July 14, 2009, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on S. 796, Hardrock Mining and Reclamation Act of 2009 and S. 140, Abandoned Mine Reclamation Act of 2009.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to Gina_Weinstock@energy .senate.gov.

For further information, please contact Patty Beneke at (202) 224- 5451 or Gina Weinstock at (202) 224-5684.

Subcommittee on Public Lands and Forests

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Lands and Forests. The hearing will be held on Wednesday, June 17, 2009, at 1:30 p.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on the following bills: S. 409, to secure Federal ownership and management of significant natural, scenic, and recreational resources; S. 782, to provide for the establishment of the National Volcano Early Warning and Monitoring System; S. 874, to establish El Rio Grande Del Norte National Conservation Area in the State of New Mexico; S. 1139, to require the Secretary of Agriculture to enter into a property conveyance with the city of Wallowa, Oregon; and S. 1140, to direct the Secretary of the Interior to convey certain Federal land to Deschutes County, Oregon.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to Anna_fox_@energy .senate.gov.

For further information, please contact David Brooks at (202) 224- 9863 or Anna Fox at (202) 224-1219.

Mr. President, I wish to propound a unanimous consent request. I ask unanimous consent the Senate proceed to executive session to consider Calendar No. 97, the nomination of Hilary Chandler Tompkins to be Solicitor of the Department of Interior, the nomination be confirmed, the motion to reconsider be laid on the table with no further motion to be in order, that any statements related to the nomination be printed in the Record, and upon confirmation the President be immediately notified of the Senate's action and the Senate then resume legislative session.

Mr. President, let me state I am disappointed to see the objection still raised to the confirmation of Hilary Chandler Tompkins to be the Solicitor for the Department of Interior. She is extremely well qualified. No one has raised any question about her qualifications. Our former colleague, now Secretary Salazar, needs a Solicitor in the Department of Interior.

We reported her nomination out of our committee on April 30, nearly 6 weeks ago now. There has been something of a rolling hold on her nomination.

I know Senator Bennett had an objection at one point; that has been satisfied. Senator Coburn had an objection; that has been satisfied. Senator Bunning had an objection; that has been satisfied. Now I am informed there are additional objections.

I hope very much my colleagues on the Republican side will go ahead and approve her for confirmation quickly so that Secretary Salazar can get on with the important business of the Department of Interior.

I yield the floor.

Mr. President, I rise today with my colleague from South Dakota, Sen. Thune, to introduce the 340B Program Improvement and Integrity Act of 2009. This legislation is designed to address the growing burden faced by our Nation's health care safety net institutions in being able to provide adequate pharmaceutical care to the most vulnerable patient populations.

Communities across the country rely on public and non-profit hospitals to serve as the health care ``safety net'' for low-income, uninsured, and underinsured patients. With the ever-increasing cost of pharmaceuticals, these institutions are struggling more and more to provide basic pharmaceutical care to those least able to afford it.

Fortunately, many safety net hospitals are currently able to participate in the federal 340B Drug Discount Program, which enables them to purchase outpatient drugs for their patients at discounted prices. These hospitals, known as ``covered entities'' under the 340B statute, include high-Medicaid disproportionate share hospitals, DSH, large and small urban hospitals, and certain rural hospitals.

I am introducing legislation today, the 340B Program Improvement and Integrity Act of 2009, which would extend discounted drug prices currently mandated only for outpatient drugs to inpatient drugs purchased by covered entities under the 340B program. Although the Medicare Modernization Act (MMA) of 2003 permitted pharmaceutical manufacturers to offer 340B drug discounts to covered entities, this legislation did not include a mandate. Without a mandate we have seen very little willingness on the part of manufactures to offer 340B drug discounts for inpatient drugs. As the prices of pharmaceutical drugs continue to increase sharply, the need for these inpatient discounts grows more and more acute.

My legislation would also allow expanded participation in the program to a subset of rural hospitals that, for a variety of reasons, cannot currently access 340B discounts. These newly eligible rural hospitals include: critical access hospitals, sole community hospitals, and rural referral centers. In proposing this modest expansion to the program, we have struck an important balance between ensuring a close nexus with low-income and indigent care, ensuring that a significant portion of savings are passed on to the Medicaid program, and strengthening the integrity of the program.

Specifically, newly eligible rural hospitals would have to meet appropriate standards demonstrating their ``safety net'' status, as do all hospitals that currently participate in the program. For example, sole community hospitals and rural referral centers, all of which are paid under the prospective payment system, would be required under this legislation to serve a significant percentage of low-income and indigent patients, have public or non-profit status, and, if privately owned and operated, to have a contract with state or local government to provide a significant level of indigent care. All standards are designed to reinforce the obligation of these covered entities to continue serving low-income and uninsured patients.

This legislation would also generate savings for the Medicaid program by requiring participating hospitals to credit to their State Medicaid program a percentage of their savings on inpatient drugs. It would address the overall efficiency and integrity of the 340B program through improved enforcement and compliance measures with respect to manufacturers and covered entities. This is designed to improve program administration and to prevent and remedy instances of program abuse.

The 340B Program Improvement and Integrity Act of 2009 would help safety net providers stretch their limited resources through increased access to discounted pharmaceuticals, enhance 340B program integrity by making sure participants are complying with program rules, and improve the care provided to this Nation's most vulnerable populations.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today with my colleague from South Dakota, Sen. Thune, to introduce the 340B Program Improvement and Integrity Act of 2009. This legislation is designed to address the growing burden faced by our Nation's health care safety net institutions in being able to provide adequate pharmaceutical care to the most vulnerable patient populations.

Communities across the country rely on public and non-profit hospitals to serve as the health care ``safety net'' for low-income, uninsured, and underinsured patients. With the ever-increasing cost of pharmaceuticals, these institutions are struggling more and more to provide basic pharmaceutical care to those least able to afford it.

Fortunately, many safety net hospitals are currently able to participate in the federal 340B Drug Discount Program, which enables them to purchase outpatient drugs for their patients at discounted prices. These hospitals, known as ``covered entities'' under the 340B statute, include high-Medicaid disproportionate share hospitals, DSH, large and small urban hospitals, and certain rural hospitals.

I am introducing legislation today, the 340B Program Improvement and Integrity Act of 2009, which would extend discounted drug prices currently mandated only for outpatient drugs to inpatient drugs purchased by covered entities under the 340B program. Although the Medicare Modernization Act (MMA) of 2003 permitted pharmaceutical manufacturers to offer 340B drug discounts to covered entities, this legislation did not include a mandate. Without a mandate we have seen very little willingness on the part of manufactures to offer 340B drug discounts for inpatient drugs. As the prices of pharmaceutical drugs continue to increase sharply, the need for these inpatient discounts grows more and more acute.

My legislation would also allow expanded participation in the program to a subset of rural hospitals that, for a variety of reasons, cannot currently access 340B discounts. These newly eligible rural hospitals include: critical access hospitals, sole community hospitals, and rural referral centers. In proposing this modest expansion to the program, we have struck an important balance between ensuring a close nexus with low-income and indigent care, ensuring that a significant portion of savings are passed on to the Medicaid program, and strengthening the integrity of the program.

Specifically, newly eligible rural hospitals would have to meet appropriate standards demonstrating their ``safety net'' status, as do all hospitals that currently participate in the program. For example, sole community hospitals and rural referral centers, all of which are paid under the prospective payment system, would be required under this legislation to serve a significant percentage of low-income and indigent patients, have public or non-profit status, and, if privately owned and operated, to have a contract with state or local government to provide a significant level of indigent care. All standards are designed to reinforce the obligation of these covered entities to continue serving low-income and uninsured patients.

This legislation would also generate savings for the Medicaid program by requiring participating hospitals to credit to their State Medicaid program a percentage of their savings on inpatient drugs. It would address the overall efficiency and integrity of the 340B program through improved enforcement and compliance measures with respect to manufacturers and covered entities. This is designed to improve program administration and to prevent and remedy instances of program abuse.

The 340B Program Improvement and Integrity Act of 2009 would help safety net providers stretch their limited resources through increased access to discounted pharmaceuticals, enhance 340B program integrity by making sure participants are complying with program rules, and improve the care provided to this Nation's most vulnerable populations.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.