S4766 CONGRESSIONAL RECORD — SENATE April 28, 2009 I have talked with the Republican lead- the transfer or release of its remaining In addition to protecting consumers, er about other things we wish to try to detainees. I recognize the difficulty of Governor Sebelius also recognizes the accomplish before we leave here during the challenge these detainees present, need to bring businesses together to this spring period. but we shouldn’t let an arbitrary dead- make our health care system work. f line and a desire to appease critics As Governor, she worked hard to overseas lead to decisions that make make health care costs more manage- RECOGNITION OF THE MINORITY American citizens less safe. able for businesses. And she worked to LEADER I yield the floor. get more small businesses to offer The ACTING PRESIDENT pro tem- f health insurance coverage. Governor pore. The Republican leader is recog- Sebelius doubled the small business tax nized. RESERVATION OF LEADER TIME credit. f The ACTING PRESIDENT pro tem- Governor Sebelius’ record shows that pore. Under the previous order, the she approaches problems from all sides. GUANTANAMO BAY leadership time is reserved. She is prepared to try creative solu- Mr. MCCONNELL. Mr. President, to- f tions. She is forward-thinking. She is morrow night in Berlin, Attorney Gen- willing to work with everyone. And she EXECUTIVE SESSION eral Holder is scheduled to deliver a is not afraid to lead—even when faced speech about the administration’s plan with difficult choices and resistance to to shut down the detention facility at NOMINATION OF KATHLEEN change. That is just the kind of leader- Guantanamo Bay by the arbitrary SEBELIUS, TO BE SECRETARY OF ship that we need in the Secretary of deadline of January 2010. HEALTH AND HUMAN SERVICES Health and Human Services. Many Americans are skeptical of the Governor Sebelius has proven that administration’s decision to close The ACTING PRESIDENT pro tem- she is willing to work hard and it is a Guantanamo before it has a plan to pore. Under the previous order, the good thing because we have a lot of deal with the 240 terrorists who are Senate will proceed to executive ses- work to do. currently housed there. And Americans sion to consider the following nomina- Our health care system is broken. We were rightly alarmed by recent news tion, which the clerk will report. spend more than any other country on reports that the administration is con- The legislative clerk read the nomi- health care—more than $2.4 trillion an- sidering releasing some Guantanamo nation of Kathleen Sebelius, of Kansas, nually—and we don’t even cover all detainees into the U.S.—not to deten- to be Secretary of Health and Human Americans. tion facilities, but directly into our Services. Forty-six million Americans lack neighborhoods. The ACTING PRESIDENT pro tem- health insurance, and another 25 mil- Aside from the question of why the pore. Under the previous order, there lion Americans are underinsured—they Attorney General thinks a German au- will be 8 hours of debate equally di- have some coverage but not enough to dience should hear about the adminis- vided and controlled between the lead- keep their medical bills manageable. tration’s plans for Guantanamo before ers or their designees. That is why medical debt contributes the American people do, there are a The Senator from Montana is recog- to half of all bankruptcies—affecting number of questions about the admin- nized about 2 million people a year. istration’s plan for releasing terrorists Mr. BAUCUS. Mr. President, the Sen- American families are struggling to into the United States that I hope the ate confirmed the first member of keep up with the high costs of health Attorney General will address tomor- President Obama’s Cabinet more than 3 care. And American businesses are row night. months ago. Today, we are here to fin- straining to absorb these rising costs Queston No. 1: What is the legal basis ish the job. while trying to stay competitive at for bringing these terrorist-trained de- It has taken some time to get here. home and abroad. tainees to the United States, given But now we have a great nominee to be The path that we are on is not sus- that Federal law specifically forbids Secretary of Health and Human Serv- tainable. We must inform our health the entry of anyone who endorses or es- ices. care system and we must do it now. pouses terrorism, has received terrorist Today, we will vote to confirm the Failure to address problems in the training, or belongs to a terrorist nomination of Governor Kathleen health care system will undermine our group? That is U.S. law. Sebelius to be Secretary of HHS. She is efforts to restore the economy. Question No. 2: Can the administra- the right person for the job. We need a health care system that tion guarantee the safety of the Amer- Governor Sebelius comes to us with a meets all of our needs. A high-per- ican people, particularly in the neigh- long list of qualifications. She is a true forming health care system would borhoods where these terror-trained de- public servant. For more than 6 years, guarantee all Americans affordable, tainees will live? she has served as Governor of Kansas. quality coverage no matter their age, Question No. 3: Will the residents of For 8 years, she served as the Kansas health status, or medical history. the communities where these men will Insurance Commissioner. And for 8 Health care reform will help to sta- be released be made aware of it? years before that, she served in the bilize our economy and it will make Question No. 4: Will these trained Kansas State Legislature. sure that we are prepared to handle our terrorists be allowed to travel freely Governor Sebelius has devoted a ca- long-term fiscal challenges. anywhere in the United States? reer to serving the public. She under- Congress has made a good start to- Question No. 5: What will their status stands the legislative process. She un- ward reform. But there is still a long be? Will they be allowed to stay here derstands the administrative process. way to go. permanently? Will they be eligible for And she has experience working with Last year, we in the Finance Com- citizenship? Will they receive or be eli- the private sector, too. Governor mittee started the process by holding gible to receive taxpayer funding? Why Sebelius has earned the respect of Re- ten different health reform hearings. did no other country agree to accept publicans and Democrats alike. We learned about the problems in our them? What threat do these men pose Governor Sebelius knows a lot about current system and started to develop of returning to terrorist activities and health care. She is committed to pro- solutions. what threat assessments have been tecting people and getting them the In June, along with my colleague conducted to evaluate whether these health care that they need. As Gov- CHUCK GRASSLEY, I hosted a day-long men will attack U.S. troops on the bat- ernor, she worked hard to make sure health care summit for the Finance tlefield or Americans at Embassies that Kansans—especially kids—had ac- Committee at the Library of Congress. abroad? cess to quality health insurance that We engaged our colleagues in the There are now less than 300 days they could afford. And as Insurance process early on. In November, I re- until the President’s Executive order Commissioner, Governor Sebelius leased a white paper, ‘‘A Call to Ac- mandates the closure of the secure de- blocked a merger that would have tion,’’ to outline my vision for health tention facility at Guantanamo and made insurance unaffordable. care reform. Since then, I have been

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4767 working closely with Senator GRASS- Mr. WARNER. Mr. President, I rise Presiding Officer will take the leader- LEY and the Senators on the Finance in support of the nomination of Gov. ship on in the Senate, we need, and Committee. I have been working with Kathleen Sebelius for Secretary of President Obama needs, someone who other Senators as well, especially Sen- Health and Human Services. Mr. Presi- has a long-term record of building ator KENNEDY and the HELP Com- dent, let me say at the outset how bridges between parties. mittee, to come up with meaningful, grateful all our Senate colleagues are Health care reform is too important comprehensive health reform legisla- for your leadership on the terribly im- not to have this kind of consensus- tion we could pass this year. portant issue of health care reform. building activity. Governor Sebelius Last week, the Finance Committee As we think about economic recov- has the background. Governor Sebelius held the first of three roundtables. We ery, I think most Members of the Sen- has the track record in health care. I discussed delivery system reform. To- ate realize there will not be true com- can speak, personally, that she has the morrow we are walking through some prehensive economic recovery in this temperament to work to try to bring policy options. In the coming weeks, country unless we can also take on the both sides together. we will have two more roundtables and massive challenge of reforming our I would also add, I think most of us work through other policy options in health care system. The current costs in these last few days have not been other areas. of our health care system, $2.4 trillion able to pick up a newspaper or talk to Senators will weigh the options. and rising, are costs that are not sus- our constituents back home without They will contribute to the process. By tainable over the long term. hearing about growing concern about June, we will be ready for a Finance I applaud the President’s activities in the possibility of a swine flu pandemic. Committee markup. We are working this effort and his efforts to try to This challenge has already paralyzed together to make good progress, but bring about the kind of bipartisan con- the country of Mexico and is one that Congress cannot do this alone. Con- sensus on health care reform the Na- we all are following very closely, par- gress needs a strong partner at HHS to tion so desperately needs. That is why ticularly the possible rise of cases in pass comprehensive health reform. I think it is so important that later the United States. This challenge, po- We are developing a framework that today the Senate act rapidly in the tentially confronts our Nation in a will change how health care is deliv- confirmation of Gov. Kathleen very dramatic way. It is essential for the health of the ered. But we need a first-class Sec- Sebelius. retary and team at HHS to help get re- I have had the opportunity to get to Nation that President Obama has in form off the ground and to make it know Governor Sebelius during my place, and the Nation has in place, a work. I look forward to working with tenure as Governor of Virginia. I have strong Secretary of Health and Human Governor Sebelius to make sure our worked closely with her on a range of Services to make sure our Federal ef- bill can be implemented. I wish to issues, particularly issues revolving forts on this potential pandemic are make sure we send the Secretary a around Medicaid reform. There is no ably coordinated—one more reason product that sets the rules of the game. issue that confronts States across the why it is critical this body moves We wish to make sure we also give the country more than the rising cost of quickly to confirm the nomination of Department and agencies the flexi- Medicaid. Governor Sebelius. I know we will act bility they will need to play their part As we take on health care reform at on this later today. But I believe, from a personal stand- effectively. the Federal level, reform of Medicaid is point, Kathleen Sebelius will be a great It will be a long and iterative proc- a critical component, and Governor addition to President Obama and to his ess, with a lot of back and forth. I am Sebelius has a long record of working Cabinet and will be a great partner to pleased we will be able to get started with other Governors all across the you, Mr. President, and our colleagues quite soon. country, from both parties, in this im- Governor Sebelius is the right person portant area. in making sure we bring about health for the job. She has political experi- As the Presiding Officer laid out, she care reform quickly, rapidly, and prop- ence, determination, and a bipartisan brings a unique set of skills to the erly this year. Mr. President, I yield the floor and work ethic to get the job done. She has challenge: Former State legislator, ask that the time of the quorum call be been an insurance commissioner, and former State insurance commissioner, charged equally against both sides. and now a two-term Governor of Kan- she knows the nuts and bolts of the The PRESIDING OFFICER. Without sas. As we strive in this body to try to health care system. She has been a objection, it is so ordered. Governor, so she knows how to work reach bipartisan consensus on this ter- The clerk will call the roll. with Democrats and with the Repub- ribly important issue, no one brings a The legislative clerk proceeded to licans; that is her inclination anyway. better record of working across the call the roll. I have no doubt Governor Sebelius aisle to reach that bipartisan con- Mr. COBURN. Mr. President, I ask will continue to show her commitment sensus than Governor Sebelius. unanimous consent that the order for to public service as Secretary of Health Governor Sebelius has a legislature the quorum call be rescinded. and Human Services, and the American that is overwhelmingly of the opposite The ACTING PRESIDENT pro tem- people will benefit from her service. party, but her overwhelming reelection pore. Without objection, it is so or- Let us finish the job in confirming and her ability to show tangible efforts dered. President Obama’s Cabinet. Let’s place in the area of health care reform in Mr. COBURN. Mr. President, over the a fine public servant in office, and let’s Kansas gives her the appropriate back- past 8 weeks, there has been a Senator confirm Gov. Kathleen Sebelius to be ground to take on this challenge in the in here who has struggled with the Secretary of HHS. national debate. birth of twin granddaughters born at 30 Mr. President, I wish to yield 5 min- For example, Governor Sebelius weeks, to a first-time mom, his son’s utes to the Senator from Virginia, Mr. worked with her legislature and her wife, and went through a struggle that WARNER, for him to speak when he can small business community to signifi- was near death multiple times. get recognition. Pending that recogni- cantly increase tax benefits to small But yet today, I am pleased to an- tion, I suggest the absence of a business for healthcare; employees in nounce that those two baby girls are at quorum. this area of our economy are often- home with their parents, thriving, The ACTING PRESIDENT pro tem- times left behind. Governor Sebelius thriving now, life held in the balance, pore. The clerk will call the roll. recently worked with her legislature as brought out of that balance by modern The legislative clerk proceeded to well on a dramatic expansion of the medicine. Now they will be successful, call the roll. SCHIP program, a legislative initiative contributing citizens, with potential Mr. WARNER. Mr. President, I ask that was actually introduced by the that will be manifested in millions and unanimous consent that the order for Republican legislative leadership. millions of ways that we can all look the quorum call be rescinded. Again, she worked in concert with the forward to and accept as a natural re- The PRESIDING OFFICER (Mr. BAU- opposite party. sponse to our procreative abilities. CUS.) Without objection, it is so or- As we move forward on the issue of Why do I bring that up? There was dered. health care reform, which I know the not anybody in this room, and probably

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4768 CONGRESSIONAL RECORD — SENATE April 28, 2009 anybody listening, who did not smile It does not recognize the complexities the way to oblivion as a nation when when we talked about the potential of of the management organization at we empower those who don’t recognize two new young children, two new HHS, the difficulties they have in the value of life in positions that young girls who are going to make an terms of carrying out their charges. It should be guarding that very precept impact, maybe just locally, maybe just recognizes past performance in a polit- and foundational principle of the Re- in their family, maybe nationally. But ical arena and equates that as capa- public. My hope is that the American the fact is we have joy when we see bility in a management arena. If we people, who by 88 percent think this is that kind of outcome. continue to measure political success an atrocious procedure and should The reason I tell that story is be- and confuse it with the ability to have never be done, no matter what param- cause it fits who we are as human management success, we will continue eters are put on it, will wake up and beings. It fits with our idea of the pur- repeating the same mistakes in both say: What are we doing? What are we suit of life, of liberty, and of happiness. Republican and Democratic adminis- doing? That right is guaranteed to us under trations. For those reasons, and those reasons the Constitution. My largest worry is not in the short alone, I will vote against the nomina- Kathleen Sebelius is, undoubtedly, a term, it is in the long term. What our tion of Kathleen Sebelius. public servant to be honored for her country lacks today, what it yearns for I suggest the absence of a quorum years of commitment in the roles she today, what it deserves today is coura- and ask unanimous consent that time has held. But I believe she has a drastic geous, moral leadership, not political under the quorum call be divided and fatal character flaw and it is this: leadership. It is OK to have a debate equally. She still believes that if a woman came about the controversies society faces. The ACTING PRESIDENT pro tem- with those twins at 30 weeks, to a doc- It is not OK for us to run because we pore. Without objection, it is so or- tor in Kansas, and she wanted to abort are going to get hit by the press be- dered. them, even though they are viable, cause we take a position that is dif- The clerk will call the roll. that would be fine. ferent from that that is politically cor- The legislative clerk proceeded to Now we are about to put someone in rect but is based on moral certitude call the roll. charge of Health and Human Services that all life has value. Yet we run from Mr. BENNETT. Mr. President, I ask of this Nation who has this vital flaw the debate, the true Lincoln-Douglas unanimous consent that the order for of not recognizing the value of these type debates that held open the soul of the quorum call be rescinded. two young children’s lives. What does America, so we can decide not on the The ACTING PRESIDENT pro tem- it say about where we are going to go? basis of opinion but on the basis of his- pore. Without objection, it is so or- What does it say about the judgment torical fact. The basis of historical fact dered. process under which we applaud her is this: When societies quit valuing life, THE BUDGET service but do not recognize this one societies fail to flourish. Mr. BENNETT. Mr. President, we are critical flaw that says: Individuals can We have a nominee who, for whatever in the midst of a nomination discus- decide what individuals have life. reason, vetoes a bill that says: If you sion, and that takes place in the midst We do that collectively under the are a doctor, you ought to explain of a health care discussion. Last night, law. But we do not do it collectively yourself if you are going to take the the House and Senate conferees struck and discriminately on the basis of life of a 26-week infant in utero. You an agreement on the budget resolution making decisions that someone ought should have to get a second opinion. that will clear the way for final votes not to have life at the very beginning. You ought to demonstrate that you are later this week, but it includes rec- I believe that is a disqualifier. I be- doing what is in the best interest of the onciliation instructions for health care lieve as we embrace more and more mother and child. and student loan forms which are quite people into leadership roles in our Gov- It is hard to demonstrate a best in- controversial. We are told the rec- ernment who walk away from this very terest for a child when you turn it onciliation would not be used until basic characteristic of human exist- around in the womb, deliver it two- after October 15, and some might find ence, this very basic necessity that rec- thirds of the way out, and then destroy that reassuring. I am not one of those ognizes the value—we are not talking it. That is a debate we ought to have. who does because if we are going to about a first-trimester abortion, we are It doesn’t just apply to the issue of deal with the health care problem, we talking about snuffing life from viable abortion and unwanted pregnancy; it is must recognize that it is enormously children. a barometer of the soul of the Nation. complex. I am also unsettled as to her beliefs We offer no excuse that can be recog- Health care spending is projected to under the conscience protection for nized as valuable for the betterment of be 17.6 percent of our GDP, which is health care providers. If, in fact, you society when we don’t have that funda- nearly one-fifth of our economy, and a think it is OK to take a 36-week child mental debate. bill dealing with that is going to have in the womb who is an inconvenience There is a flaw, a critical defect in to be scored by the CBO before any for someone and that we, as a society, this nominee. If you are going to be committee can report it out. At the can’t handle that, our choice is to snuff charged with the health and services moment, there is only one bill with re- it out, how far does it go before we re- that relate to health and humans in spect to health care that has received a quire the provider community to snuff this society, that you are confused on CBO score. It is the bill offered by Sen- it out? There were no assurances given this issue about transparency and ac- ator WYDEN and myself, along with 12 in her testimony that that will not countability of taking the life of an un- cosponsors, known as the Healthy happen. We have already seen the born child is a nonstarter with me, not Americans Act. It has been scored by Obama administration work to look at because I dislike Kathleen Sebelius. the CBO as revenue-neutral during its reversing the guidelines from the last She is a wonderful lady. But she lacks first 2 years and then saving money for administration clarifying particularly part of the moral clarity that is re- the Federal Government thereafter. what the providers’ roles are. It says a quired to lead this Nation in the future With 12 cosponsors—a mixture of both lot about where we are as a society, and to correct where we are off course Republicans and Democrats—it would about our misplaced values. on so many issues. Her ability from the seem to me that this would be the bill The other problem I have—it is one I start, the first day she is sworn in, will from which we begin our discussions in have never voiced before from this be compromised by her position on this a truly bipartisan manner, and it Chamber—is the idea that we as politi- issue. The confidence she will require would not require the straitjacket of cians embrace somebody for a position of the Members of Congress who relate reconciliation to make it possible for because they are a politician, because to this foundational principle of liberty the majority to move ahead. We have a they have spent years being a career as an inalienable right and life as an score. We have a framework. We have politician, and that that qualifies inalienable right will undermine her language. It is not perfect. Even some them, the Governor of a very small from the start. of the cosponsors have indicated that State population-wise, to handle and I have no doubt she will be approved in its present form they might vote lead on all these areas of health care. today. I mark it as another signpost on against it, but at least it is a place to

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4769 begin. It is a place to start the con- their access to a doctor. If you haven’t a statue of Sojourner Truth in Stat- versation. We do not need the kind of learned that trick, you wait for 3 uary Hall today—the first African- enforcement of majority rights that months, 6 months, whatever. This is American woman to have a statue in reconciliation would give us. the kind of Government-run public the Capitol. She will be the 12th To start over again fresh with a pro- health plan Governor Sebelius has indi- woman depicted in works of sculpture posal from the administration would cated that she would support. among the 92 sculptures of our male mean that a bill has to be drafted— There is also the troubling problem leaders. From this day forward, So- something we have already done; the that she failed to disclose relevant in- journer Truth’s groundbreaking work bill would have to be referred to CBO— formation to the Finance Committee advancing the basic rights of women something we have already done; CBO with respect to her taxes. We have had will be given its due prominence beside would have to go through the difficul- that happen with other Cabinet nomi- so many other great Americans in the ties of scoring it—an enormous chal- nations, and it has become something seat of our democracy. lenge. I don’t believe they would be of a cause celebre with many Ameri- Sojourner Truth was born Isabella able to get all that done in a timely cans who are following this. It has be- Baumfree as a slave in 1797 who never fashion. Then we would be told on the come the butt of jokes on the late- learned to read or write, yet became an floor: Well, we have run out of time. night talk shows. It is unfortunate that all-important messenger for truth and We have to deal with health care so we she has fallen a victim to that as well. equality. Although beaten and branded, are going to move to reconciliation as She has also been less than forth- she responded with dignity and faith the way to jam the thing through in a coming with respect to her relation- rather than hatred and violence. Her hurry. Let’s understand right here in ships with some of her political donors. views were shaped not only by her per- the beginning that that kind of activ- She had a political relationship with a sonal hardships—enslavement, daily ity is not required. doctor who was involved in partial- beatings, grueling work, and seeing her Let’s turn to Gov. Kathleen Sebelius birth abortions and was obviously anx- 13 children kidnapped and sold away— and her role with respect to the health ious to see to it that he had access to but also from an innate understanding care debate. My normal pattern has al- public officials who would support him that equality is an inalienable Amer- ways been to say that the President in that. That is an issue which carries ican right and should not be ascribed has the right to whomever he wants, a great deal of influence with my con- based on gender or color. and I have not voted against Presi- stituents, and it is another one that Once freed from bondage in 1817, she dential nominees unless I felt they troubles me. changed her name to Sojourner Truth, were completely inappropriate or in- So while I think Governor Sebelius telling her friends that the spirit had capable of carrying out their duties. might be well qualified for some other called her to speak the truth for jus- I have respect for Governor Sebelius. position, I do not intend to support her tice. She then traveled our Nation I think she is a valuable and poten- for this position. As we deal with speaking honest words about the short- tially productive appointment for the health care problems, the Secretary of comings of the American dream—the President, but I have reluctantly come Health and Human Services is a key stain that slavery and injustice im- to the conclusion that she is the wrong player in helping us solve this problem, posed on America’s life and laws and appointee for this particular assign- and I believe she carries a little bit too noting for all to see where the reality ment. She has backed a partisan proc- much baggage for this particular as- failed to reflect the noble tenets of our ess for health care reform. She refuses signment. Founding Fathers. She dedicated her to support patient safeguards and com- So once again we have the framework life, indeed, she risked her freedom, to parative effectiveness research, and, for a bipartisan solution. It can be the oppose the trappings of injustice and perhaps most strongly for me, she has beginning point of the discussion. A prejudice. already endorsed a Government-run bill has been written around it, and it Despite being born into slavery, public health care plan, something I has been scored by the CBO. Why don’t stripped of any legal standing, protec- would have to vote against. I think we start with that instead of threat- tion, or property, and denied any ac- most of my colleagues—if not all of my ening reconciliation for a whole new cess to education, Sojourner Truth un- colleagues on the Republican side— program that might start with the ad- derstood that freedom and equality are would vote against it, not for partisan ministration? fundamental rights. Embracing our reasons but for the flat fact that it I thank the Chair and yield the floor. greatest traditions and arguing with doesn’t work. We have seen examples of The ACTING PRESIDENT pro tem- simple passion that neither gender nor that throughout the world, and we un- pore. The Senator from New Hamp- color could overpower justice, she dem- derstand it doesn’t work. shire. onstrated a courage and a conviction I have constituents who have rel- Mr. GREGG. Mr. President, I under- that compels us to act today, almost atives and friends in Canada who come stand the Senator from New York 125 years after her death. to me and say: Based on our experience wishes to be recognized for 5 minutes, Sojourner Truth raised her voice with our relatives and friends in Can- so I ask unanimous consent that I be without a chorus of women behind her. ada, we absolutely do not want a Cana- recognized for 10 minutes following the Most abolitionists questioned her de- dian system. This is just an anecdote, Senator from New York. termination to link women’s rights but it is illustrative of the kind of The ACTING PRESIDENT pro tem- with the abolition of slavery. She re- thing that goes on in the Canadian sys- pore. Without objection, it is so or- jected their concerns, asking them the tem where they ration care by delay. dered. direct question they couldn’t avoid: They don’t ration it by regulation, The Senator from New York. ‘‘And ain’t I a woman?’’ With those few they simply ration it by delaying the Mrs. GILLIBRAND. Mr. President, I words, she refused to parse justice. ability of people to get access. As has ask unanimous consent to speak as in With those few words, she forced audi- been reported to me, if you can dem- morning business for 5 minutes and ences past and present to recognize onstrate as you go into the Canadian that Senator GREGG be recognized fol- that human dignity and respect are system that there is some problem re- lowing my remarks. part and parcel of who we are as Amer- lated to heart disease, you get moved The ACTING PRESIDENT pro tem- icans—male or female, African-Amer- to the head of the line. So some of my pore. Without objection, it is so or- ican or Caucasian, educated or not. So- constituents have told me that their dered. journer Truth represents the courage relatives in Canada have discovered SOJOURNER TRUTH that the American ideal imparts and that if they go to see a doctor with a Mrs. GILLIBRAND. Mr. President, calls all of us to action. cold or with the flu or with some other today is a very special day for me. As As we honor this bold, daring New problem, they always say, ‘‘And this a woman and a New Yorker, it thrills Yorker today, I am also proud that threatens my potential for heart dis- me that today we are honoring one of New York has time and time again ease’’ in an effort to get ahead of the the earliest and greatest figures in the helped to foster those who have chosen line and move forward in the Canadian history of women’s rights and civil to carry on her fight. Today, I can system that would otherwise delay rights: Sojourner Truth. We are placing think of at least two others committed

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4770 CONGRESSIONAL RECORD — SENATE April 28, 2009 to justice who, though from very dif- LA JACKSON-LEE were inspired by the portant. This budget he proposed is an ferent backgrounds, continually risk efforts of Dr. C. Delores Tucker, former outline of where he sees the Govern- themselves for justice and human chair of the National Congress of Black ment going and where he sees this Na- rights. Women, to formally recognize So- tion going. The battles fought by Sojourner journer Truth in the U.S. Capitol. They Regrettably, the budget as proposed Truth were not left only as lessons of felt that the unfinished portion of the by the President, which has been history, but they stood as a beacon of monument to suffragists was surely in- worked on here by the Senate Demo- hope for the next generation to carry tended to hold the image of Sojourner crats and the House Democrats, puts the torch one mile further. One of the Truth. After long consideration, it was forward a picture that basically almost next in our history to carry on the determined to carve a unique place for guarantees our children will be inher- cause for equal justice was Eleanor Sojourner Truth—appropriately so as iting a nation with a government that Roosevelt. the first statue in Emancipation Hall. is nonsustainable. The President’s Eleanor Roosevelt could have been And now it stands erect in the Cap- budget proposed a trillion dollars of content with a life defined by privilege itol Visitors Center for all to see. As deficit, on average, for the next 10 and limited education. But like So- the Senator from their home state, I years. That is a number that is hard to journer Truth, she travelled the nation am so grateful to be here today to comprehend. But to try to put it into and indeed the world to fight for equal- honor Sojourner Truth. Her courage perspective, the effect of that number ity and human rights. Like Sojourner and her vision are timeless and bold is that the debt of the United States Truth, Eleanor Roosevelt raised her and brave—Her statue will be a con- will double in 5 years and triple in 10 voice to attack segregation and gender stant reminder that our rights must years. If you want to put it in another bias. Like Sojourner Truth, she risked never be take for granted and that with perspective, take all the debt created her life to practice what she preached these rights come the responsibility to since the founding of our Nation, from and to hold us accountable when we enforce them. George Washington through George W. wanted to turn our back on justice and To honor Sojourner Truth and all Bush—all that debt that has been American ideals. Like Sojourner women before us, we continue that added to the backs of the Nation’s peo- Truth, Eleanor Roosevelt told us that struggle as there is still much to do. ple—and President Obama’s budget we ‘‘must hazard all we have’’ to make Today the fight is for equal pay and doubles that debt in 4 years, which is a the American dream real. She told us recognition in the workplace. Even in staggering event. that employment, housing, education, 2009, for every dollar a man earns, a The implications are pretty dramatic health care policies that favored the woman makes just 78 cents. And the for the next generation. The public privileged undermined us all, that disparity is even worse for women of debt of the United States will go to 80 women had a critical role and responsi- color, with Latino women earning only percent of GDP fairly quickly under bility, and encouraged women to run 53 cents and African-American women this proposal. The historic public debt for office, to organize, to get out the earning 62 cents on the dollar. Working of this country has been 40 percent of vote, and to reach across party, gender, women and their families stand to lose GDP. That means the amount of debt and racial lines to get the work done. $250,000 over the course of their career out there in relation to the size of the Eleanor Roosevelt took this same de- because of pay inequity. It is unaccept- economy will have doubled. termination with her to the United Na- able, and it needs to change. The Pay- That has dramatic ramifications. For tions where, like Sojourner Truth, she check Fairness Act introduced by then- example, at that level of public debt used strength and grace to advance the Senator Hillary Clinton and Rep. ROSA through the economic activity in our recognition of equal rights. Embracing DELAURO is an important step towards country, we as a nation would not be her responsibility as the only woman that goal. I proudly join in helping allowed to enter the European Union on the American delegation and one of carry Secretary Clinton’s work to- because we wouldn’t meet their stand- the few women delegates to the Gen- wards equality here in the Senate. ard for fiscal responsibility. Countries eral Assembly, she played an instru- These steps towards equality for all such as Latvia, Lithuania, and mental role in drafting the Universal are our duty. As Eleanor Roosevelt Ukraine, which all have very serious Declaration of Human Rights in 1948, often said, ‘‘we are all on trial to show issues, might qualify for the European especially the concept as stated in arti- what democracy means.’’ We have Union, but we would not because of the cle 1, that ‘‘all human beings are born made such important strides, but we fact that our debt was so high as a per- free and equal.’’ still have a long way to go. centage of our economy. It means our Just as Sojourner Truth had done in The PRESIDING OFFICER (Mr. people, who have to pay that debt, will a century before and Eleanor Roosevelt UDALL of New Mexico). The Senator have to pay an inordinate amount of had done decades earlier, the cause was from New Hampshire is recognized. taxes in one of two ways to pay that enlisted by another great woman. Rec- THE BUDGET debt off. Either they will have to pay ognizing that equality had not yet been Mr. GREGG. Mr. President, I rise to more taxes because the Federal Gov- achieved, Hillary Clinton stood and speak about the soon to be pending ernment will inflate the money supply fought for the rights of women. As first issue of the budget. We are told that in order to pay off this debt, which is lady, Hillary Clinton understood the the Democratic membership of the the worst tax there is—inflation—be- political costs of speaking out forth- House and Senate reached agreement cause it takes away the savings of all rightly for women’s rights and human last night on the budget proposal. They of the American people or you will rights. Yet like Sojourner Truth and didn’t seek our advice or counsel on it. have to significantly increase taxes on Eleanor Roosevelt before her, she It is pretty much the outline of the every American, not just the high-in- would not ignore the rights and needs budget as requested by the President. come Americans, as was represented by of women despite the possible diplo- There has been a lot of discussion this President that he wants to do, and matic repercussions. about whether the President inherited the Democratic Congress and Senate She travelled to China in 1995 and a terrible situation. I think he did, said they want to do; all taxes will stood before the world to oppose injus- from a fiscal standpoint. He has had have to go up astronomically in order tice and to proclaim that ‘‘once and for difficult issues to confront relative to to pay for the debt. all, women’s rights are human rights stabilizing our financial industry and What is driving this massive expan- and human rights are women’s rights.’’ trying to get the economy going and sion of debt our children and we are How Sojourner Truth must have rel- addressing the issues which most going to have to pay as a result of this ished that moment. From Akron, OH, Americans are concerned about, which budget that is proposed by the Presi- Beijing, China—from newspapers to the is their jobs, the value of their homes, dent? Well, it is spending. Very simply, Internet and C-SPAN—their message the ability to pay their bills, and to it is spending. The President proposed, spanned the globe. send their kids to college. and the Democratic Congress will bring Hillary Clinton played an instru- What the President inherited is im- forward, a budget that significantly in- mental role in the dedication we cele- portant, but what he is bequeathing to creases the spending of the Federal brate today. Hillary Clinton and SHEI- the next generation is even more im- Government. Historically, the spending

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4771 of the Government has been about 20 The other side of the aisle games that Let me point out to you that $550 bil- percent of the GDP. Under this budget, number. lion is too big. It is like saying we are it goes to 22 percent, 23 percent, 24 per- In the area of the doctors’ fix, every going to take six steps backward and cent, 25 percent—it gets up to levels year we know we are going to have to two steps forward and claim we are that have never been seen, except dur- pay doctors a reasonable amount for moving in the right direction. Of ing the time of World War II. They are their services under Medicare. Unfortu- course they are not. Equally impor- unsustainable levels of spending. It is nately, we have a law in place that tant, the $500 billion number is a total being done with a pure purpose, which keeps cutting that amount. This year fraud. It is a fraud on the American is, I guess, to Europeanize the Amer- it will be cut almost 20 percent over people brought forward in this budget. ican economy and the American Gov- the baseline, in an arbitrary and fool- Please, please, please do not subject ernment, to basically have the Govern- ish way. We should fix this perma- the American people to this sort of dis- ment become the largest and most sig- nently, but we don’t have the courage ingenuousness. At least have the integ- nificant player in our economy and to to do it because of the effects on the rity the President had when he pre- dominate all aspects of our economy budget. So we have used all sorts of sented the budget of accounting for because of its size. gimmicks over the years—and every- what we know are real numbers, such The President is very forthright body admits to this—so that we didn’t as AMT, the doctors fix, and the health about this. He says he believes that by have to fix that over a long period of care reform initiative proposed by the growing the Government significantly, time and correct that problem, even President and supported by the other he can create more prosperity. Those though we know every year we are side of the aisle. on our side of the aisle disagree with going to adjust and make that pay- That is the substantive problem with that. We believe a government has to ment to doctors. this budget; that it creates all this be affordable for a nation to have pros- Well, the President was forthright debt, all this spending. It takes the perity. We also think prosperity and he said, listen, that is not fair, Government of the United States and doesn’t come from the Government, it honest accounting. We are going to tell lurches it to the left. It Europeanizes comes from individuals who are willing you exactly what the doctors’ fix costs, our Nation, for all intents and pur- to take risks and go out and create and we are going to account for it in poses, and passes on to our kids a gov- jobs by taking those risks. This is a the budget. ernment that is not sustainable. fundamental disagreement. This budg- What does the other side of the aisle It is ironic that we hear from the et lays that out precisely. do? They hide that number again. They Budget chairmen, both in the Senate We are going to hear from the other go back to the old rules. Those two and the House, that the outyear num- side of the aisle the most disingenuous items alone represent $100 billion of an- bers are unsustainable under this budg- discussions about how they have been nual spending, which is being put under et. The outyears are so unsustainable much more responsible on the budget, the rug. The President was honest under their budget that they elimi- while they claim they are doing ex- enough to talk about it, but this Demo- nated the last 5 years of the budget. actly what the President is doing in his cratic Congress and Senate, in an at- The President sent up a 10-year budget budget. The reason they make that tempt to obfuscate the issue for the to have some integrity around here. statement is because they cook the American people, because they don’t The other side of the aisle said: My books. At least the President was want to tell the people how much goodness, we can’t tell the American forthright and he came forward with a money they are spending, they stick people what is going to happen to them budget—except in the area of defense— that $100 billion under the rug. over the second 5 years. It is bad which set forth in a reasonably honest Then there is the health care reform. enough what we are going to do to way what the costs to the Government At least the President—even though I them in the first 5 years. We are going were going to be and, as a result, it re- disagree with some of his philosophies, to eliminate the second 5 years and do flected the fact that because of his and I hope we can have a bipartisan ap- a 5-year budget and not tell them huge commitment in new spending pro- proach, and I support the Wyden-Ben- about the second 5 years. grams, the cost of Government was nett bill floating around this Con- Both Democratic chairmen of both going to be extraordinary, and the gress—at least the President, in pro- committees in the House and Senate amount of debt that was going to be posing his health care reform, said he have said we are on an unsustainable added to the books of the Government was going to account for paying for path. What do they do about the and the backs of the American people half of it—$600 billion he put into the unsustainable path? They hide the was going to be untenable and budget to pay for his health care re- numbers under the table, they do not unsustainable. form. He acknowledges that is about admit to the spending, they allow the The other side of the aisle, I guess be- half the cost of a $1.2 trillion program spending to go up radically, and there cause they recognize they are going to over the time of his budget. is absolutely zero—zero—savings on be up for election before the President, What does the other side of the aisle the spending side of the ledger, espe- doesn’t want to have those numbers do when they bring this budget for- cially in the entitlement accounts out there. So they have gone back and ward? They don’t account for any of which is at the core of what is driving played a lot of games with the numbers it—none of it. It disappears off the the outyear problem. the President sent up. For example, the books. Not only is the $1.2 trillion not Ironically, a couple of the ideas the President honestly represented the fact there, the $600 billion is not there. How President sent up to save money were that we are not going to get revenues outrageous, to claim they are going to dropped, simply dropped. For example, from the alternative minimum tax, be- bring the deficit down to 3 percent of he proposed some savings in the agri- cause every year we basically limit the GDP in 2014, when they have basically culture accounts which were very rea- amount of applicability of the AMT. hidden under the rug the AMT cost, the sonable. They disappeared. He proposed But the baseline reflects a huge income doctors’ fix cost, and the most signifi- some savings in the Medicare accounts of the AMT. It says 20 million people cant fiscal issue, health care reform. It which were very reasonable. They dis- are going to pay it. But we are not is so disingenuous, it is almost unbe- appeared. But that is a minor story going to allow that to happen, because lievable. But they are going to do that, compared to the trillions of dollars of it wasn’t designed to affect 20 million and I suspect it won’t be covered in any new debt that is going to be put on the people but the top income producers in depth. To claim they are going to cut backs of our children. this country—probably less than a mil- the deficit in half, which is a classic By the time this budget has run its lion people. So every year we basically example of language over substance, course, it will have added well over $9 change the law so that for that year will be the mantra of the day. They say trillion, under the President’s calcula- the AMT doesn’t apply. The President they are going to cut the deficit in tions, to the debt of the United States. was forthright and said I know that half. They claim they are going to cut Who is going to pay that? Who is going will happen and I am not going to ac- it by 75 percent, because they are going to pay that? First off, who is going to count for this revenue that never to take a $1.8 trillion deficit and alleg- lend us the money? At some point, the comes in. So he scored the AMT fairly. edly cut it to $550 billion in 4 years. countries that are lending us this

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4772 CONGRESSIONAL RECORD — SENATE April 28, 2009 money, the international community onion ring; there is basically nothing down and don’t make us into the House that looks to us and lends us money so left but air in pay-go. of Representatives and don’t essen- we can run these massive deficits, is When the Blue Dogs on the other side tially convert our constitutional form going to say: Why? Hold it. We don’t of the aisle start marching around: We of Government, which is checks and know if they can pay off all this debt. have pay-go, we have pay-go, somebody balances, into a parliamentary form of At that point, the value of the dollar is ought to point out to them that their Government, where there are essen- at risk. At that point, the ability of us banner does not have a flag on it. Pay- tially no checks and balances on the to sell debt is at risk. At that point, go was taken down under health care majority once it has an overwhelming our Nation starts a downward fiscal rules and under the rest of this bill. It position. That is what is being pro- spiral which will be extraordinarily may make for a good press release, but posed in the bill when it pushes rec- disruptive and dangerous for us as a it sure as heck doesn’t have any sub- onciliation as an option for the major- nation. This is not a good path to be stance to it. ity party in the area of health care re- on. The second procedural event, of form. It is unfortunate. There are also a couple technical course, is this issue of reconciliation, I appreciate the courtesy of the points that should be pointed out be- which is a major issue for us on our Chair. cause they are procedural points that side of the aisle, and it should be for I ask unanimous consent that all have massive policy implications. the Senate. When the Senate was con- quorum calls during debate on the First, of course, is this really pyrrhic structed, when our constitutional form Sebelius nomination be equally claim they are using pay-go as a dis- of Government was put together, the charged to both sides. ciplining mechanism. How many times idea was to have balance so we had a The PRESIDING OFFICER. Without have we heard that pay-go is going to House of Representatives where things objection, it is so ordered. be used to discipline spending. My might happen quickly, but when it got Mr. GREGG. Mr. President, I suggest goodness, in the last Congress, which to the Senate, there would be an air- the absence of a quorum. was dominated by the Democratic ing, a hearing, consideration, and there The PRESIDING OFFICER. The Party, if I recall correctly, the House would be due diligence on issues. That clerk will call the roll. and Senate both being democratically is why it was George Washington who The assistant legislative clerk pro- led, pay-go, which was supposed to dis- described the House as the cup with the ceeded to call the roll. cipline the fiscal process around here, hot coffee in it and the Senate as the Mr. MERKLEY. Mr. President, I ask was waived almost 20 times—either saucer into which the hot coffee is unanimous consent that the order for waived, avoided or circumvented al- poured so it can be cooled down a little the quorum call be rescinded. most 20 times. Those exercises cost us bit. The PRESIDING OFFICER. Without almost $400 billion in spending that The Senate is institutionally and objection, it is so ordered. should have been offset. So pay-go be- constitutionally structured to be the The Senator from Oregon is recog- came ‘‘Swiss cheese-go.’’ It had no place where we have debate, we have nized. value and was a worthless purpose, discussion, and we have amendments. Mr. MERKLEY. I thank the Chair. other than to make a political speech That is the whole concept behind the (The remarks of Mr. MERKLEY per- and claim on the stump: Oh, I am for Senate, especially on issues of massive taining to the introduction of S. 911 are fiscal discipline. I am for pay-go. Of public policy implications, and there is printed in today’s RECORD under course, when you voted in the Senate probably nothing we are going to take ‘‘Statements on Introduced Bills and over the last 2 years, if you made that up on the domestic side of the ledger Joint Resolutions.’’) speech and up for reelection and you that has a bigger public policy implica- Mr. MERKLEY. Mr. President, I were a Democrat, you basically waived tion than the rewriting of our entire yield the floor, and I suggest the ab- pay-go, circumvented pay-go or avoid- health care system. sence of a quorum. ed pay-go to the tune of $400 billion in Yet what is being proposed is that The PRESIDING OFFICER. The new spending. this rewrite of the entire health care clerk will call the roll. Now we have the House Blue Dogs system be done in a way that allows Mr. BUNNING. Mr. President, I ask saying: We are going to get tough pay- the Senate only 20 hours of debate, unanimous consent that the order for go language back in place. I have to ex- with essentially no amendments and the quorum call be rescinded. plain something to the House Blue with an up-or-down vote, yes or no, on The PRESIDING OFFICER. Without Dogs: They didn’t get it. They didn’t something that affects 17 percent of objection, it is so ordered. give it to you. The budget that is going the gross national product of this coun- Mr. BUNNING. Mr. President, what is to come to the floor of this Senate is try, that affects every American in the order of business? Are we in morn- going to have structural changes which every walk of life in a very significant ing business? allow pay-go to be avoided for up to way, and that is how is their health The PRESIDING OFFICER. The Sen- $2.5 trillion, at least that is what the care system delivered. ate is considering the Sebelius nomina- House budget had in it, and the Senate Why wouldn’t we want to have a full tion. budget was pretty close. Mr. President, and clear, hopefully, and significant Mr. BUNNING. Mr. President, I have $2.5 trillion will circumvent pay-go. discussion of what we are doing to the a statement that will take about 15 The most egregious exercise will be American public and what the policy minutes on Governor Sebelius. in the health care area, where they implications of health care reform are The PRESIDING OFFICER. The Sen- have formally ended pay-go’s applica- on the floor of the Senate? If we are ator is recognized. bility during the first 5-year window. going to get a good piece of legislation, Mr. BUNNING. Mr. President, I want They basically say openly: We are not we are going to have to have biparti- to say a few words about the nomina- going to comply with pay-go on health sanship and going to have to have the tion of Governor Kathleen Sebelius to care. American people believe it is fair. You serve as our next Secretary of the De- Health care is going to be the single cannot pass something as significant as partment of Health and Human Serv- biggest fiscal event this Congress has health care and do it in a crammed- ices. I will not be able to support Gov- probably taken up in the last 20 years, down manner, in a manner where it is ernor Sebelius’s nomination to this po- maybe 30 years, maybe 40 years, maybe totally partisan. Yet reconciliation is sition and will be voting no. I wish to ever. Restructuring the health care of structured to accomplish just that. take a few minutes to explain my oppo- this country is a pretty doggone big ex- You have to have every stakeholder sition to her confirmation. ercise since it represents 17 percent of at the table. Granted, we are not going First, I have always been pro life. I our economy. To say they are not to win all our points, but we may have believe that life begins at conception going to apply pay-go to that exercise, some points that are constructive to and that every life is precious. I believe to that effort, to that undertaking is to the debate. Let us at least be at the that we, as a society, have a responsi- drive a hole through the pay-go con- table and make those points on the bility to protect those who cannot pro- cept that is so big it becomes not floor of the Senate through the amend- tect themselves and speak for those ‘‘Swiss cheese-go’’ but a great big, huge ment process. Don’t shut this Senate who cannot speak for themselves. That

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4773 is why I am so strongly opposed to the baby begins to move. At 12 weeks, abortion doctor had been overlooked abortion. Abortion kills the most frag- fingernails and toenails are forming. and not accounted for. While she said ile, most vulnerable, and most needy At 16 weeks, the baby’s eyes are sen- this was an inadvertent omission, it among us. These children cannot de- sitive to light. At 18 weeks, the ears seems to me that you would remember fend themselves, so they desperately start working and the baby can be even that sum of money from one of your need us to protect them. startled by loud noises. At 19 weeks, most controversial donors. To me, abortion is about whether de- the kidneys are working. At 20 weeks, I certainly realize that President fenseless babies have a right to live. most mothers can feel their babies Obama would not nominate someone to The answer, clearly, is, yes, they do. I move. At 22 weeks, taste buds are form- be Secretary of the Department of don’t understand how people can come ing. At 23 weeks, the baby begins to Health and Human Services who is pro away with any other conclusion than practice breathing so she will be ready life. However, Governor Sebelius’s that one. Unfortunately, too many peo- once she is born. At 24 weeks, the baby record on right-to-life issues along ple do. According to the National Right weighs about a pound and a half, has with her ties to the late-term abortion to Life, there have been more than 49 footprints, and fingerprints, and starts Dr. Tiller cannot be overlooked. The million abortions in the United States to have regular waking and sleep cy- leader of the Department of Health and since 1973, with about 1.2 million in cles. Human Services should be balanced 2005, the year they have the most re- The Web site says that babies formed and reasonable. There is nothing in cent data. These numbers are stag- at 24 weeks have a 50 percent chance of Governor Sebelius’s record that makes gering and saddening. survival. And this is where Dr. Tiller me think she is either when it comes to I cannot support the nomination of steps in and aborts the baby. How can protecting the life of the unborn. someone to be the leader of our Health you hear these development milestones The second major reason I am oppos- and Human Services Department who and believe these babies are expend- ing this nomination is that I don’t be- does not respect human life. That is able; that these babies’ lives are less lieve Governor Sebelius has the experi- why I will be voting against Governor important than someone else or that ence to be Secretary of the Department Sebelius. Her record as Governor of they simply can be killed and thrown of Health and Human Services. HHS is Kansas on abortion issues is dismal. away? an enormous bureaucracy, responsible She has vetoed multiple pieces of legis- Think of the difference between two for everything from the Medicare Pro- lation passed by the Kansas legislature babies at 24 weeks—one is wanted, one gram to the National Institutes of dealing with abortion, including bills is not. For the child born early, whose Health, to the Food and Drug Adminis- in 2003, 2005, 2006, and 2008. In fact, last parents love and want her, she would tration. The Department has 11 oper- week she vetoed yet another bill. be rushed to a neonatal intensive care ating divisions, over 64,000 employees, These were commonsense bills that I unit after delivery, where she would be and a budget of $707 billion. According think most Americans could agree given round-the-clock intensive med- to HHS’s Web site, it allocates more with, such as creating standards for ical care until she was big and strong grant dollars than all of the other abortion clinics that require clean and enough to go home. Every day in this agencies combined. This is a tremen- sterilized rooms and equipment, coun- country, premature babies cling to life dous responsibility, and the Depart- seling before and after abortion, and and fight for survival. I think most of ment needs someone with hands-on ex- medical screening for patients. Several the parents of premature babies would perience. of the bills dealt with changes to the tell you that their child’s will to live is As Governor of Kansas, she appointed Kansas late-term abortion laws, includ- courageous and inspiring. someone to run their health and ing one vetoed last week. That bill re- For the poor babies who have parents human services department and was quired certain information to be re- who choose to abort them, their life is not directly responsible for the day-to- ported to the State when doctors per- about to end. According to Planned day operation. As Congress considers form late-term abortions, including the Parenthood, a procedure called dilation major health care reform legislation specific medical reason the abortion and evacuation—or D and E—is gen- this year, we need someone with exten- was performed. Another bill would erally performed in pregnancies over 16 sive experience in setting health policy have given women about to undergo an weeks. Let me read how the National for the entire country. abortion the opportunity to listen to Right to Life organization describes I fundamentally disagree with Gov- the baby’s heartbeat and see an this procedure: ernor Sebelius on life issues, and I do ultrasound of their child, along with Forceps with sharp metal jaws are used to not believe she has the experience to several other provisions. Governor grasp parts of the developing baby, which are lead such a large department. I will be Sebelius vetoed all of these bills. then twisted and torn away. This continues voting no on her nomination. I am also greatly concerned about until the entire baby is removed from the I yield the floor. Governor Sebelius’s relationship with womb. Because the baby’s skull has often The PRESIDING OFFICER. The Sen- Dr. George Tiller, an abortion doctor hardened to bone by this time, the skull ator from Florida is recognized. from Wichita, who specializes in late- must sometimes be compressed or crushed to Mr. NELSON of Florida. Mr. Presi- term abortion. On Dr. Tiller’s Web site facilitate removal. dent, I rise in support of the nomina- he says that his clinic has ‘‘more expe- That is disgusting, and anyone who tion of Gov. Kathleen Sebelius to be rience in late-term abortion services tries to justify it should be ashamed. Secretary of HHS. I do so enthusiasti- over 24 weeks than anyone else prac- Abortion and the callous disregard for cally. I do so as a personal friend of ticing in the Western Hemisphere, Eu- human life in this country is a real Kathleen’s. I do so as a fellow public rope, or Australia.’’ This is not some- tragedy. George Tiller’s work greatly servant who has observed her consider- thing to be proud of. concerns me. Governor Sebelius’s ties able public service to her State of Kan- I know that pro-abortion supporters to George Tiller greatly concern me. sas and to the people of this country. like to make the argument that unborn The late-term abortion doctor has do- A dozen years ago—a little more; it babies are a clump of cells and not yet nated tens of thousands of dollars to was actually about 14 years ago—she a human being. They couldn’t be more Governor Sebelius, and she has even was elected, unusually, as a Democrat wrong. These unborn babies are devel- honored him at the Governor’s man- in Republican Kansas, to a statewide oping, growing, can feel pain, and cer- sion in Kansas. office known as insurance commis- tainly have the will to live. Let me Governor Sebelius hasn’t always been sioner. It is a little-known and thank- briefly give a description of the devel- upfront about their relationship as less job but one that has traditionally opment milestones that babies reach as well. In answering questions before the been under the thumb of the insurance they grow to 24 weeks. This is accord- Finance Committee, Governor Sebelius industry. She came out of the Kansas ing to the Mayo Clinic’s Web site—the originally said that Tiller had donated Legislature, so she had a good school- Mayo Clinic: At 5 weeks, the heart be- about $12,000 to her. A few days later, ing in the art of political craft. Indeed, gins to beat. At 8 weeks, eyelids are she had to go back to revise that that started long before she ever en- forming, along with the ears, upper amount because somewhere an addi- tered the Kansas Legislature because nose, fingers, lips, and toes. At 9 weeks, tional $23,000 in donations from the her dad was the Governor of Ohio. So it

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4774 CONGRESSIONAL RECORD — SENATE April 28, 2009 is in her genes. Her father-in-law was Governor Sebelius is someone who mortgage and financial markets. After the longtime Republican Congressman has been there, she has done that. She 9/11, the Department of Justice, the from Kansas. In that very Republican knows how this insurance system oper- FBI, and other agencies shifted their State, they elected a Democrat as the ates. She knows the parameters in attention away from financial fraud in- insurance commissioner. It was not a which you have to offer health insur- vestigations to focus on other impor- close election, but it was one in which, ance to people in order to make it tant concerns. At the same time, we once she was installed as insurance work. She understands the financing saw financial deregulation, the boom in commissioner, she started showing peo- behind it. She is uniquely qualified for subprime and exotic mortgages, and ple who was boss. The elected rep- this position of Secretary of HHS. the evolution of mortgage-backed resentative of the people of Kansas was Since I have the privilege of being a securitized instruments. These devel- going to administer the laws with re- personal friend, I have known her over opments created a wealth of opportuni- gard to the protection of consumers, these 14 years in our capacities as ties for fraudsters to rip off hard-work- which is the purpose of having an in- elected insurance commissioners, she ing Americans. surance advocate for the people. from Kansas and me from Florida, and We know now that there is a wave of Only a few States continue to elect then as I have continued to see her in fraud sweeping the country. The Treas- their insurance commissioner. It is her public service, then having gone ury Department is receiving 5,000 mort- known as the office of the revolving from insurance commissioner to Gov- gage fraud allegations per month. The door since most of the insurance com- ernor, she comes at a time when this FBI now has more than 530 open cor- missioners are appointed. The revolv- Nation is begging for health care re- porate fraud investigations, and FBI ing door starts with the insurance in- form. The President has chosen Kath- officials report that their fraud case- dustry having a representative who is leen in this exceptionally important load is growing exponentially. And appointed by the appointing authority, Americans have been stunned by recent usually the Governor, because someone position to not only use her skills as a revelations of massive Ponzi schemes who is knowledgable about insurance former regulator where she can crack and the manipulation of financial mar- has to be insurance commissioner. But, the whip but to use her skills as a per- kets. It is simply unacceptable for this indeed, the door continues to revolve, son who can bring people together, who Congress to stand idly by and watch and the average time of service for an can reconcile, who can build con- appointed insurance commissioner is sensus—which she has honed over the these fraudsters rip off the American less than 1 year. As a result, as you years and I suspect honed those skills people. We need to act. And we have a watch the door revolve, they come in at the knee of her father as she was bill on the floor of the Senate right from the insurance industry, become growing up. She honed those skills as a now that would take strong and effec- the top regulator of the insurance in- public servant—as a legislator, as an tive steps to catch the perpetrators of dustry, and on the average, in less than elected statewide official, as the Gov- these frauds and protect the taxpayers. a year, the door revolves and they are ernor, and now she will be the right The Fraud Enforcement and Recov- out the door and they are back in the person at the right time whom this Na- ery Act, sponsored by the chairman of very industry from whence they came. tion needs—a very good Secretary of the Judiciary Committee, Senator That is not the smartest way to have Health and Human Services. LEAHY, and the ranking member of the an insurance regulator. I yield the floor and suggest the ab- Finance Committee, Senator GRASS- Kathleen Sebelius defied that model. sence of a quorum. LEY, is carefully crafted and widely As the elected insurance commissioner The PRESIDING OFFICER. The supported on both sides of the aisle. of Kansas, she stood up for consumer clerk will call the roll. The bill makes important improve- rights and she cracked the whip to get The bill clerk proceeded to call the ments to the criminal fraud statutes. the insurance companies to offer this roll. These provisions will strengthen pros- product that has now become a neces- Mr. WICKER. Mr. President, I ask ecutors’ ability to combat fraud in the sity, not a luxury. Why? You can’t unanimous consent that the order for mortgage and financial markets. The drive a car without insurance. You the quorum call be rescinded. bill also puts more cops on the beat in can’t own a home, if you have a mort- The PRESIDING OFFICER. Without the financial markets. It authorizes gage, without insurance. You better objection, it is so ordered. the hiring of hundreds of FBI and SEC investigators to focus on mortgage and have some life insurance if you are f planning for your family. financial fraud. It provides $100 million By the way, we have not even talked LEGISLATIVE SESSION for new white-collar prosecutors in about health insurance. A huge per- The PRESIDING OFFICER. Under U.S. attorney offices, and it bolsters centage, well over a majority of the the previous order, the Senate will re- the resources of the Criminal, Civil and people in this country, get their health sume legislative session. Tax Divisions of the Department of insurance through their employer. As f Justice. we approach the issue of health care re- These investments in enforcement form, what to do about insurance is FRAUD ENFORCEMENT AND are likely to pay off in more ways than going to be front and center, and Gov- RECOVERY ACT OF 2009 just catching criminals. They will lead ernor Sebelius is uniquely qualified to The PRESIDING OFFICER. The Sen- to increased restitution payments, address this issue. We have 47 million ate will resume consideration of S. 386, criminal and civil fines, and monetary people in this country who do not have which the clerk will report by title. recoveries for victims and taxpayers. health insurance, but they get health The bill clerk read as follows: The Justice Department estimates that care. Where do they get health care? A bill (S. 386) to improve enforcement of for every dollar spent to prosecute They get it from the most expensive mortgage fraud, securities fraud, financial fraud at the Criminal Division, more place, which is the emergency room, institution fraud, and other frauds related to than $20 is ordered in restitution and and they get it at the most expensive federal assistance and relief programs, for fines for victims and the government. time, which is when their symptoms the recovery of funds lost to these frauds, So this bill will pay for itself and then have turned into a full, raging emer- and for other purposes. some. gency. Therefore, because they did not Mr. DURBIN. Mr. President, we have The legislation also includes a key have health insurance, they were not on the Senate floor a piece of legisla- provision from a bill that Senator seeing a doctor for preventive care, and tion that has broad bipartisan support GRASSLEY and I introduced earlier this all of this additional cost, plus the ad- and that addresses an urgent national year to update the Federal False ditional costs of being treated in an need. Claims Act. The False Claims Act is emergency room—guess who pays. All Our country has seen a wave of known as Lincoln’s Law. It was signed of us pick up that tab. That, addition- white-collar fraud that has undermined by President Lincoln in 1863, and since ally, is plowed back into the costs we the financial and housing markets and then it has enabled the Federal Gov- pay for health care, in large part shaken our entire economy. ernment and whistleblowers to work through the insurance premiums we In recent years, there simply haven’t together to prevent waste, fraud, and pay. been enough cops on the beat in the abuse of Government funds. The False

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