[Congressional Record Volume 151, Number 6 (Wednesday, January 26, 2005)]
[Senate]
[Pages S533-S542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF MICHAEL O. LEAVITT TO BE SECRETARY OF HEALTH AND HUMAN
SERVICES
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of the Executive Calendar, which the clerk
will report.
The assistant legislative clerk read the nomination of Michael O.
Leavitt, of Utah, to be Secretary of Health and Human Services.
The PRESIDING OFFICER. Under the previous order, there will be 2
hours of debate on the nomination.
The Senator from Iowa, Mr. Grassley, is recognized.
Mr. GRASSLEY. Madam President, in the tradition of the work of the
Senate Finance Committee--and that is basically described in one word,
bipartisanship--we bring this nomination to the floor. We bring it with
the unanimous approval of everybody on the committee, saying that
Governor Leavitt should be the Secretary of Health and Human Services.
He is a person who is very well qualified for this position, and we
look forward to working with him on all of the quality-of-life issues
that come before Congress, whether they deal with Social Security,
Medicare, Medicaid, welfare--issues that are under the jurisdiction of
this new Secretary to administer, and issues that are under the
jurisdiction of the Senate Finance Committee for oversight.
During his tenure as Governor, he reduced the number of uninsured
children through his work on the Children's Health Insurance Program,
he made significant improvements to the child welfare system, and he
significantly increased the number of those with health insurance
coverage. So some of the things he has done as Governor are some of the
things that we are working on in this committee, and some laws are
already passed. He will have a chance to continue his good work on
these issues in conjunction with us as a committee and directly himself
as Secretary of Health and Human Services.
I am not alone in my high estimation of Governor Leavitt. The people
of Utah recognize his strong leadership capabilities in reelecting him
to three consecutive terms as Governor. Certainly big challenges lie
ahead for this Department, as it does for our committee, and strong
leadership in that Department is needed. I am glad it comes with
Governor Leavitt.
First and foremost, there are an estimated 45 million Americans who
lack basic health coverage, and those numbers seem to have been
increasing every year. As Secretary, his leadership will be called upon
to propose innovative ways that we can help contain costs and increase
access to health insurance and the health care resulting from that
insurance.
The Medicaid Program will also be a key issue this year. Medicaid
provides health care coverage and benefits for low-income individuals
and families. It is now the largest Federal care program in terms of
total spending and served about 51,000 people in 2002.
It was originally enacted in 1965, and many have suggested it has not
kept up with the times. Increasingly, States have been forced to rely
upon what we call the 1115 waiver process to manage the program to fit
the needs of their State. These waivers are negotiated with little
congressional oversight. I look forward to working with Governor
Leavitt to ensure that the Medicaid Program is functioning as
effectively as it ought to function.
There is the issue of SCHIP, the State Children's Health Insurance
Program. Madam President, $1.1 billion in SCHIP allotments expired last
year and were returned to the Treasury. In addition, there are anywhere
from 4 million to 6 million children currently uninsured who could
qualify for this program.
Over the next 3 years, a growing number of States, including my own
State of Iowa, are projected to consume their Federal SCHIP allotment.
[[Page S534]]
When this happens, they will lack the Federal funds necessary to
provide their current level of coverage and also the level of benefits
for low-income children.
We need to recapture the $1.1 billion in SCHIP funds, increase our
outreach effort to enroll more children, and revitalize the SCHIP
program so it is on firm financial footing.
Finally, we need to enact improvements to the 1996 welfare reform
bill. We have debated this issue now for 3 years. It is time for
action. The numerous short-term extensions are disruptive to the
program. I look forward to working with Governor Leavitt to get a
welfare bill sent to the President this year. I think that process is
starting with the usual bipartisan cooperation between Senator Baucus's
side of the aisle and his leadership and the Republicans who I lead.
The Department also has the important job of implementing the new
Medicare prescription drug benefit. Under Dr. McClellan's leadership,
the Centers for Medicare and Medicaid Services has accomplished an
impressive workload over the last year.
Dr. McClellan and the staff at the Centers for Medicare and Medicaid
Services are to be commended for their long hours, hard work, and, most
importantly, a dedication to doing the best they can.
This is a crucial year for the drug benefit that was passed and
signed by the President in 2003. I look forward to working with the
Governor on this particular issue and continuing the close working
relationship with Dr. McClellan.
Medicare still faces significant challenges to be sure. Medicare
spending grew by 5.7 percent in 2003, and as spending continues to
increase, there is a growing need to restrain its growth.
Many have said rising costs and health care can be contained and
health care quality improved by paying providers based on their
performance and by utilizing health information technology.
The Department has taken significant steps to reduce health care
costs and provide better care through chronic care management
initiatives and additional preventive benefits that were in the 2003
legislation.
The Department also called upon Dr. Brailer, as the National
Coordinator for Health Information Technology, to develop, maintain,
and oversee a plan focused on a nationwide adoption of health
information technology in both the public and private sectors.
Bringing these initiatives together to reward quality and efficiency
while reducing medical errors and duplication will be one of the major
undertakings in health care over the next decade, and strong leadership
at Health and Human Services is needed to make that happen.
Another issue on which the Governor's leadership is needed is the
importation of prescription drugs from Canada and other developed
nations. That surely is a controversial issue that hopefully we can
debate in the Senate, because the law must be changed to make that
happen. American consumers are demanding lower prices for prescription
drugs, and I believe that legalizing importation under conditions that
ensure safety is the right thing to do.
I look forward to working with my colleagues on both sides of the
aisle to craft legislation that will pass Congress and be signed by the
President.
I would also be remiss if I did not address an issue that continues
to be of great concern. The frail and elderly residing in our Nation's
nursing homes deserve high-quality care. I am confident that with
Governor Leavitt's help, we can ensure that they receive no less.
Besides these issues, the Department faces other significant
challenges. I have always taken responsibility of conducting oversight
over the executive branch operations very seriously, and I will
continue to do that as chairman again. Government truly is the people's
business, and Americans have the right to know what their Government is
doing and how it spends their money. Transparency in Government,
coupled with aggressive oversight by Congress, is critically important
in helping to make Government transparent, more effective, more
efficient, and more accountable to the taxpayers, program participants,
and beneficiaries.
I am also a firm and ardent supporter of whistleblowers.
Historically, whistleblowers have been key to uncovering waste, fraud,
and abuse. Unfortunately, whistleblowers are often as welcome in an
agency as a skunk at a picnic.
I look forward to addressing these problems with Governor Leavitt.
Taking a closer look at Medicaid, SCHIP improvement, implementation of
the new drug benefit, importation of prescription drugs, enactment of
welfare reform, and the advancement of information technology and
quality in health care as a reimbursement tool are just some of the
priorities I look forward to addressing with Governor Leavitt.
I close by urging my fellow colleagues to support Governor Leavitt in
his nomination as Secretary of Health and Human Services. It is a major
commitment that requires personal sacrifices on many levels, although I
believe Governor Leavitt and his wife Jackie are the right team for
this job. I also thank President Bush for his choice of such a
qualified and competent candidate.
I thank Senator Baucus not only for his cooperation on this effort,
but we have had 4 years now of cooperative effort, and we expect that
to continue. I know he is committed to that.
I yield the floor.
Mr. BAUCUS. Madam President, I thank the chairman.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Madam President, I appreciate those remarks and agree
with them.
I rise today to support also the nomination of former Utah Governor
and current EPA Administrator Michael Leavitt to be the 20th Secretary
of Health and Human Services.
As Utah's longest-serving Governor, Governor Leavitt earned the
reputation as an innovator and consensus builder. He is best known for
his work in Utah to expand health care coverage. While he and I may
disagree on policy grounds about the Utah approach, Governor Leavitt
has spoken at length about the importance of transparency, the
importance of fairness and open debate, all of which are crucial to
creating sound public policy.
He is a consensus builder, something that is very much needed not
only in this town but in the new position he is about to have.
Governor Leavitt's leadership and social policies stretch beyond
health care. He also has championed welfare reform. The Utah program
fulfills many of the goals of the 1996 welfare bill, which I am proud
to have helped write. It provides support for low-income families,
addresses barriers faced by welfare recipients, provides education and
training opportunities to support moving into sustainable employment,
and ensures that struggling families receive child support.
As EPA Administrator, Governor Leavitt came out to visit my State. He
came out to visit the Superfund site at Libby, MT. We are having a very
difficult time in Libby. It is a huge Superfund site, one of the
largest in the country. I tell Governor Leavitt, as I have many times,
his visit meant a lot to me personally and to the people of Libby who
have suffered a great deal because of asbestos sickness.
In short, Mr. Leavitt is a very capable leader and excellent
candidate to lead this Department. We are fortunate to have his
leadership, because the challenges he will face are tremendous.
This year, as Secretary, Mr. Leavitt will implement the new Medicare
drug benefit and managed care reforms--no small task but an extremely
important one.
The final rule to implement major provisions of the new Medicare drug
law were published last week, 2 days after the confirmation hearing, I
might add. I am still in the process of reviewing those regulations,
but at first read, I remain concerned about the transition rule for
dual eligibles and for consumer protection standards. The final rule
included much needed improvements in both areas. For example,
beneficiaries who are dually eligible for Medicare and Medicaid will be
automatically enrolled into a drug plan. However, the timeframe for
doing so is short, and it may still cause problems for many low-income,
vulnerable beneficiaries.
[[Page S535]]
While the final rule includes expedited timeframes for coverage
decisions, it still appears drug plans will write their own appeals
process.
In addition to Medicare, as HHS Secretary, Governor Leavitt will
tackle Medicaid reform. Many of us in Congress anticipate an aggressive
reform proposal will be included in the President's budget. It is true,
as many claim, that Medicaid costs are growing, but the cost growth is
due to an increase in enrollment during our recent economic downturn
and for the same health care cost of inflation that affects every
insurance plan. In fact, Medicaid growth is lower on a per capita basis
than is Medicare growth or private insurance growth. It is lower. We
should also bear in mind that Medicaid covers long-term care, something
which is quite expensive.
Also, I disapprove of the administration's use of its 1115 waiver
authority. The 1115 waiver authority was not intended to achieve
wholesale reform of Medicaid. We have a Medicaid law. The waiver
authority was not meant to undermine that law. It was meant to grant
flexibility to the States but not to undermine the law. It was not
intended to undermine the fundamental nature of the Medicaid Program.
I suspect the administration will want to consider Medicaid waivers,
State flexibility, and Medicaid funding as part of any formal
discussion.
Reauthorizing TANF is another task to add to Mr. Leavitt's growing
list. We cannot continue to extend the program on a 3-month or 6-month
basis, as these short month extensions have undermined the stability of
the program. We have to enact and reauthorize welfare reform. We must
work together on a longer term reauthorization, one that builds on the
1996 reform law.
Finally, I hope we can work together to address rising health care
costs and the uninsured. The United States health system is the most
expensive in the world, by far. Spending on health care in 2003 reached
$1.7 trillion, which calculates out to $5,670 per person. That is about
twice the next highest level in the world, which is Switzerland, and
they spend half per capita than what we spend. Yet 45 million
Americans, even though we spend so much more than any other country,
lack health insurance. What can we do about lack of insurance and
rising health care costs?
With respect to the uninsured, every major poll suggests covering the
uninsured should be at the top of the congressional agenda. Yet this
issue always seems to take a backseat. I think, however, that we can
make progress--maybe not sweeping reform but we can address the problem
incrementally, starting with areas first of general agreement.
I believe there is a consensus, for example, that we ought to start
by covering low-income children and the poorest adults below 100
percent of poverty.
I have every hope Governor Leavitt, as HHS Secretary, will keep
working on this, and I pledge to help him.
With respect to rising health care costs, I believe we can take
important steps this year to improve health care quality and the way we
pay for health care in our country. I am counting on the
administration's support. I am counting on them to back up their
statements and goals with funding and actions.
I have no doubt Governor Leavitt is up to the task. He has an
excellent reputation, not just as Governor of Utah, not just as EPA
Administrator, not just as a political leader, but as someone who is
creative, who can think outside the box, and who can work with folks
from all perspectives.
Governor Leavitt has my very strong support. He has my vote. I look
forward to working with him as Secretary Leavitt and with the
administration to address the many challenges that lie ahead for our
country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah is recognized.
Mr. HATCH. Mr. President, as everybody around here knows, I strongly
support the nomination of Governor Mike Leavitt for Secretary of Health
and Human Services. I urge my colleagues to confirm Governor Leavitt so
that he may start his work as quickly as possible.
I have known Governor Mike Leavitt for a long time, almost 30 years,
and have worked very closely with him on many health issues, not just
local and State health issues but national health issues as well.
Governor Leavitt has a distinguished record. He is highly qualified for
this job. He is bright, energetic, dedicated, and fair--all of the
qualities necessary for this important position.
I say with all respect to those who have gone before him, I can think
of no better candidate for Secretary of Health and Human Services or no
better nominee than Mike Leavitt.
Having said that, I compliment his predecessor, Governor Tommy
Thompson. To have two great Governors in a row running HHS is a credit
to this administration and to the country at large. Governor Thompson
has done a terrific job at HHS under very difficult circumstances. It
is almost an unmanageable entity because it is so large and so
important and covers so much of the wealth and costs of this Nation.
Governor Thompson deserves a great deal of credit. He was a great
Governor, but so was Mike Leavitt. Between the two of them, we will
have a continuity that will be very beneficial to all of us.
Governor Leavitt has devoted much of his life to public service,
first in Utah and more recently in Washington. He is a smart
decisionmaker, a tireless worker, and a successful manager and
executive. He is fair. He is knowledgeable about health care. He is a
decent family man. The bottom line: He will get the job done.
As Governor of Utah, Governor Leavitt was a strong leader on issues
familiar to this body: welfare reform, health care delivery, and, of
course, Medicaid. During a difficult financial time for our State of
Utah, Governor Leavitt was able to create a fiscally responsible budget
and at the same time provide important services to lower income Utah
citizens of all ages.
While Congress was working on the 1997 Child Health Insurance Program
legislation, a bill that I was the prime sponsor of, I talked to
Governor Leavitt frequently to get his perspective as a leader in the
National Governors Association. At first he was not very enamored with
the Hatch-Kennedy bill. On the other hand, I told him the final bill
was not going to be exactly that bill, which was written a little more
moderately than I thought it should be. I also wanted the States to
have more authority and power with the CHIP program, which was more in
sync with Governor Leavitt's thinking. During that time he provided me
with valuable insight and has continued to do so as the program has
grown.
I would be remiss if I did not also cite Governor Leavitt's great
work in providing health care coverage to not only CHIP-eligible
children but to lower income adults of our State as well through
innovative new State health care insurance programs like the Primary
Care Network.
In addition, Governor Leavitt implemented several new and innovative
approaches to serving the poor. Governor Leavitt's administration was
one of the first to implement a philosophy of universal engagement
wherein every candidate to receive State assistance was assessed and a
plan to help these individuals become self-sufficient was created. This
proved to be an enormously valuable tool to helping the disadvantaged
get the assistance they needed to return to the job market as soon as
possible.
As in many aspects of his life as a public servant, Mike Leavitt is a
visionary who cares deeply about people, exactly the type of a person
we want in this position.
Finally, Governor Leavitt has been a strong supporter of the Utah
Head Start Program. For many children, the Head Start Program is their
first and only exposure to education and health services. There are
many examples of how the Utah Head Start Program has made a dramatic
difference. Let me cite a couple for my colleagues. One little girl
from Utah was handed a book on her first day in the program and
literally did not know how to open the book. Another child was
diagnosed with a brain tumor through the Utah Head Start screening
process. Surgery was successfully performed, and he returned to the
program and did extremely well. Governor Leavitt has had firsthand
experience at overseeing this program and therefore brings an important
perspective to HHS on why Head Start needs to be continued and even
strengthened.
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On a personal note, I emphasize to my colleagues that Mike Leavitt is
a fair man. I know him very well. He will look at all sides of an issue
before making a policy decision, and my colleagues can count on the
result to be the right decision. His record as both the Governor of
Utah and as Administrator of EPA proves this, and he will continue to
be a great leader when he becomes Secretary of HHS. I can promise my
colleagues he will be an excellent leader for the programs we all
support--Medicare, Medicaid, CHIP, welfare and community health
centers, just to make a few.
Importantly, we can count on Mike Leavitt, along with the
Administrator for Medicare and Medicaid Services, Mark McClellan, to
work closely with our committee on the difficult task of fully
implementing the Medicare prescription drug program next January. I
might add that the jurisdiction of a Secretary of Health and Human
Services is quite broad, it not only includes CMS, which handles
Medicaid and Medicare among other programs, but it also includes the
Food and Drug Administration and many other different programs within
that department.
In my opinion, the FDA is the single most important consumer agency
in the world. The FDA handles upwards of 25 percent of all consumer
products in America, and the agency does an extraordinary job. However,
there is more and more pressure on FDA every year to try to have a
fail-safe system where no deleterious results can occur from
pharmaceutical innovations. There is no way that can ever be, but I
believe that FDA does as good of a job as possible. In fact, my FDA
Revitalization Act, authorized the creation of a central campus in the
Washington, DC, area to house all FDA employees in this greater area
who are now scattered over more than 30 different facilities, which can
be very inconvenient and nonproductive. In December 2003, we dedicated
the first building on the White Oak campus, which is where the full FDA
campus will be built with state-of-the-art equipment and state-of-the-
art facilities. Individuals who want to work in this area will be given
an opportunity to work under the best of circumstances.
One of Governor Leavitt's responsibilities as Secretary will be to
continue with this centralization, complete with a totally computerized
and digital FDA campus, created so that we can be even more efficient
at FDA. It is my hope that this centralized campus will shorten the
length of time it takes to ensure the safety and efficacy of
pharmaceutical drugs.
I will close with one anecdote related to me the other day. After
attending several briefings with the Secretary designate, an FDA
official stated: At our first briefing, Governor Leavitt was good. At
the second meeting, he was excellent. At the last briefing, he was
teaching us.
Now, that is the kind of a man Mike Leavitt is. He will be a great
Secretary. With pride and admiration, I strongly support my fellow
Utahan Governor Mike Leavitt's nomination for Secretary of Health and
Human Services. Let us get him confirmed and on the job as soon as
possible. I have no doubt that will occur. I am very grateful to those
who are willing to support Governor Leavitt, and I suspect that
everybody in this body will do so.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. TALENT. I ask unanimous consent the order for the quorum call be
rescinded, and I ask unanimous consent to proceed for only about 3
minutes.
The PRESIDING OFFICER (Mr. Hatch). Without objection, it is so
ordered.
The Senator from Missouri is recognized.
The Unborn Child Pain Awareness Act
Mr. TALENT. Mr. President, I appreciate the Senator for taking the
chair for just a couple of minutes so I can speak about a bill I have
introduced along with Senator Brownback. He is the lead sponsor. There
will be others on the bill as well. We had sponsored the bill last
year. I want to make a brief statement about it.
It is a good bill in an area where we often do not see consensus, but
I believe this bill will promote consensus. It is the Unborn Child Pain
Awareness Act. It is based on the scientific evidence, which I think is
a matter of common sense as well, that children in gestation, unborn
children in the womb, do at a certain point acquire the capability of
feeling pain. What the bill says is that before an abortion can be
performed on a child who has been in the womb for 20 weeks or longer,
the abortion doctor has to inform the mother that the child will feel
pain and will, in fact, feel intense pain if the procedure is
performed, and then inform her that if she wants to go ahead anyway,
the child can be given an anesthetic so that that pain is not felt.
Apart from the fact that the scientific evidence indicates children
at this point can feel pain, I have a personal stake, if you will, in
this. Before we were blessed with the three children we have, my wife
had several miscarriages in a row. It was pretty obvious what was
growing inside of her was a person. It makes sense to me to believe at
a certain point that a child can feel pain, and 20 weeks is actually a
pretty conservative estimate of when the child is able to feel that
kind of pain.
I see no reason a doctor about to perform such a procedure would not
want to make it known, or a woman who is considering undergoing it
would not want to know that fact to make a decision.
Mr. President, you know me and my view on this issue overall. I
believe unborn children are people. I look forward to and long for the
day where we believe there is room in our hearts and our homes and our
laws for them and their moms. We are not there in that fundamental
sense, but we are at a point where we can work on legislation like this
which has support broader than either the pro-choice or pro-life side.
This is legislation which is really designed to perfect the current law
that says women should be able to make a choice. Then they should be
able to make an informed choice.
I hope that is what we do. I hope we have an opportunity to bring it
up on the floor of the Senate, and if we do have an opportunity to have
a reasonable debate, we will pass it with a large margin. I hope to
have that done in this Congress. I am proud to have cosponsored it.
Mr. CONRAD. Mr. President, I plan to support Governor Michael O.
Leavitt's nomination to be Secretary of Health and Human Services, HHS.
Governor Leavitt is taking on a difficult role. There are many
healthcare challenges facing our Nation. With over 300 separate
programs and a budget of more than $400 billion per year, the Secretary
of HHS is responsible for setting the healthcare agenda for the
administration. It is my hope that implementing the Medicare
prescription drug benefit will be at the top of Governor Leavitt's
agenda. This large and complex law will have a tremendous impact on 40
million Medicare beneficiaries. As we get closer to January 1, 2006--
opening day for the drug benefit--HHS will have many important
decisions to make. I look forward to working with Governor Leavitt to
ensure that North Dakota seniors get the options and information they
need to make the best choice about the right drug benefit for them.
Also, given his record, I hope Governor Leavitt will take an active
role in addressing funding shortfalls in the rural healthcare system.
Many of the provisions in the Medicare Modernization Act that erased
the inequities that existed between rural and urban providers are due
to expire in 2006 and 2007. I am committed to reauthorizing these
important provisions and trust that Governor Leavitt will work with me
towards this end.
More generally, it is important that HHS and Congress look at other
areas where healthcare needs are being unmet and take the appropriate
steps to improve access to healthcare in rural America. For example,
Congress should improve the financing of our rural emergency medical
services. Our rural EMS squads are a vital component of the healthcare
system, and current Medicare regulations do not adequately reimburse
these squads for their services. This Congress, I intend to introduce
legislation to improve the rural EMS system and hope that Governor
Leavitt will support these efforts.
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As Governor of Utah during the 2002 Winter Olympics, Mr. Leavitt had
extraordinary experiences with preparing for a possible bioterrorism
attack that will aid him in his position as Secretary of HHS. Over the
past years, I have pushed for the enactment of a national emergency
telemedical communications system that could be used to more
effectively respond to a bioterrorist attack on a regional level by
using telehealth technologies. I look forward to working closely with
Governor Leavitt to move this legislation forward.
Finally, in his new role as Secretary, Governor Leavitt will be
charged with preserving and protecting two of our Nation's most
important health insurance programs--Medicaid and the State Children's
Heal Insurance Program. It is important that Governor Leavitt be a
strong advocate for these vital social programs.
I look forward to working with Governor Leavitt in the coming years
to improve healthcare for all Americans.
Mr. KENNEDY. Mr. President, I support the nomination of Michael
Leavitt to be the next Secretary of Health and Human Services. Our
Committee on Health, Education, Labor and Pensions has unanimously
recommended his confirmation, and I urge the Senate to do so as well.
At the committee hearing on his nomination, Governor Leavitt showed
the intelligence, honesty and commitment to public service that have
been the hallmark of his career. While we differ on some issues raised
at the hearing, there are many issues where we agree and can work
together to create a bipartisan consensus. I believe that he will lead
the Department with integrity, skill and vision.
The Department of Health and Human Services has a broad and deep
impact on the lives of the American people. Its programs reflect the
ideals of our nation and our commitment to provide help to all those
who need our help the most.
HHS cares for the elderly through Medicare and the Older Americans
Act. It nurtures the young through Head Start, CHIP, and maternal and
child health programs. It sustains poor families through the Temporary
Assistance to Needy Families Act. It brings health care to all in
poverty through Medicaid. It offers help and hope to patients suffering
from disease through the National Institutes of Health. It guarantees
every American that the medicines they take are safe and effective and
the foods they eat are healthful through the Food and Drug
Administration. It protects the health of every American against
epidemics of disease through the Centers for Disease Control and
Prevention.
Mr. Leavitt brings impressive skills to this critical post. As a
former governor he knows how HHS works, and where it needs improvement.
At EPA, he confronted health issues similar to many of those dealt with
by HHS. Everyone who knows him respects his intelligence, his high
energy, and his experience as a manager and problem-solver.
His new position will test all those skills, and he'll face an
especially heavy challenge this year. Many of the most important
programs he oversees get lavish praise but little real support. Last
year, the administration was able to push through the Congress a flawed
Medicare drug bill that benefited drug companies and insurance
companies at the expense of patients. Governor Leavitt will now have to
implement that flawed bill.
Press reports indicate that the administration intends to block grant
Medicaid and cut it deeply, and to cut Medicare deeply as well. More
than 50 million of the Nation's poor depend on Medicaid for health
care. Forty-two million senior citizens and disabled Americans depend
on Medicare. The administration's tax cuts for the wealthy and its
misguided war in Iraq have created a catastrophic deficit, but it would
be unconscionable to solve the budget crisis by penalizing the poor and
the elderly who did nothing to create it, and to ask the wealthy and
powerful to make no contribution at all.
We will continue our bipartisan work this year on Head Start--the
foundation of federal support for the nation's most vulnerable
children. Head Start has a 40-year track record of success. The
reauthorization this year is an opportunity to build on that success,
and do more to open the American dream to many more children who
deserve our help. A block grant for Head Start would be a giant step
backwards--we can't turn Head Start into Slow Start or No Start.
The current extension of welfare reform expires at the end of March,
and our ability to move the welfare debate forward will require more
flexibility from an administration willing to work in good faith with
Congress on this basic issue of what kind of country we are. Governor
Leavitt led Utah's innovative welfare program, which guarantees
provides support and services tailored to the individual needs of each
recipient, including education and training, substance abuse treatment,
child care and other key assistance.
Other priorities facing the Department include the need to move our
health care system into the modern age using information technology,
and improve FDA's ability to detect and respond promptly to warning
signals on the effects of new drugs. We must also continue the fine
work of Secretary Thompson in putting disease prevention and health
promotion higher on the national agenda. And I hope that Governor
Leavitt will support the bipartisan efforts led by Senator Dorgan and
Senator Snowe to import safe FDA-approved drugs at the low prices that
Canadians and Europeans are charged.
I welcome Governor Leavitt's strong commitment to using information
technology to improve the quality of care for America's patients and to
reducing the costs of health care. I look forward to working with him
closely to see that we take the actions needed to turn our bipartisan
vision of an improved health care system into a reality.
Michael Leavitt is a distinguished and talented public servant, and
an impressive choice for this important responsibility, and I urge the
Senate to confirm him as Secretary of HHS.
Mr. DOMENICI. Mr. President, I rise today in strong support of the
nomination of Michael Leavitt to be the Secretary of the Department of
Health and Human Services. Michael is an overwhelmingly qualified
candidate and the kind of leader the Agency needs. I am confident he
will work hard to serve the public health needs of our Nation.
Michael Leavitt will bring considerable executive experience to this
post. As the former Governor of Utah, he improved access to health care
for thousands of children and adults, while keeping rising health care
costs in check. To date, Utah's uninsured rate remains below the
Nation's average. Michael has also proven himself a capable leader in
his former positions as chairman of the National Governor's
Association, and most recently, administrator of the Environmental
Protection Agency.
The Department of Health and Human Services, HHS, helps to protect
the health, safety, and well-being of the American people. HHS is among
our Nation's largest and most important Federal departments, overseeing
more than 300 programs with a budget in excess of $580 billion. HHS is
responsible for the management of such vital programs as the Food and
Drug Administration, Indian Health Services, the Centers for Disease
Control and Prevention, and the Centers for Medicare & Medicaid
Services. The Medicaid and Medicare programs alone help provide needed
health care to nearly 80 million Americans.
I applaud President Bush for his choice of an accomplished leader to
head this vital department. I look forward to working with Secretary
Leavitt on critical issues such as implementation of the Medicare
prescription drug program, medical liability reform and finding ways to
reduce the cost of health care.
Mr. DURBIN. Mr. President, as you know, I am passionate about health
care issues, and I want to talk today about two issues of particular
interest to me, which Health and Human Services Secretary Nominee
Michael Leavitt has promised to review when he takes the helm at that
department.
Leavitt promised to look at the legislation which Senate Judiciary
Chairman Orrin Hatch, R-Utah, and I are developing to require dietary
supplement manufacturers to submit reports to the Food and Drug
Administration when they cause serious injury or death to consumers.
Under current law,
[[Page S538]]
these manufacturers of these products, which are widely sold, do not
have to report to the government if their products are suspected of
causing someone taking them to become ill or even die. This happens
even to people who are seemingly healthy, such as 17-year-old Sean
Riggins from Lincoln, IL. Sean was a rising star on his high school
football team in 1992 and wanted to enhance his performance in the big
game. Sean took ``Yellow Jackets,'' a supplement promising increased
energy, which contained ephedra. Sean was killed by those pills.
While dietary supplements are safely consumed by millions of
Americans every day, unfortunately, this is not always the case.
Ephedra is perhaps the best-known dangerous supplement ingredient; it
has caused at least 150 deaths, forcing HHS to pull it off the market.
There are other supplements that have raised questions, such as
aristolochic acid, usnic acid, kava kava and yohimbine, and the problem
is, we just don't have the data centrally located to help the agency
determine the products' safety. The law assumes products containing
these substances are safe until proven unsafe.
Senator Hatch and I do not always agree, but on this issue, we do.
There should be a clearinghouse at the Food and Drug Administration for
these manufacturers to provide data about the safety of their products.
And most of the industry and consumer groups are on our side, so as we
develop legislation this year, Administrator Leavitt has agreed to
review it. I look forward to working with him.
Administrator Leavitt also promised to remain active on the issue of
tobacco control. Mr. Leavitt is a former charter member of the American
Legacy Foundation board, the foundation established by the Master
Settlement Agreement to educate youth and the public about the
addictiveness and health effects of smoking.
More than 90 percent of adult smokers began smoking as teenagers. The
American Legacy Foundation's public education campaign is helping to
produce dramatic decreases in youth smoking rates. The work of the
American Legacy Foundation is more important than ever to this
country's health.
I support Administrator Leavitt's nomination to serve as Secretary of
Health and Human Services and welcome the opportunity to work with him
to reduce smoking among young people, acquire quality safety data on
dietary supplements, and address other critical health concerns.
Mr. DODD. Mr. President, I rise today as the nomination of current
Environmental Protection Agency, EPA, Administrator and former Utah
Governor Michael Leavitt for the position of Secretary of Health and
Human Services comes before the Senate. I plan to support this nominee
as I did a little more than one year ago when Governor Leavitt's
nomination to lead the EPA came before this body. I do so with the
intention of working with him once he is confirmed as the
administration's leading health care advocate to protect our Nation's
vital health care infrastructure.
Once confirmed as Secretary of Health and Human Services, Governor
Leavitt will oversee the administration of the Department of Health and
Human Services, HHS, the vast federal agency overseeing the Medicare
and Medicaid programs, the National Institutes of Health, NIH, the Food
and Drug Administration, FDA, the Centers for Disease Control and
Prevention, CDC, the Health Resources and Services Administration,
HRSA, and the Administration for Children and Families, which oversees
child care, welfare and Head Start. HHS operates more than 300
critically important programs that represent almost a quarter of all
federal outlays. In fact, the Medicare and Medicaid programs alone
provide health insurance for one in four Americans.
Current research tells us that well crafted, well researched, and
comprehensive public health initiatives spearheaded by the office of
the Secretary of Health and Human Services could lead millions of
Americans to efficiently and successfully address health concerns
before they become critical. However, just as important as the
development of lifesaving preventive services is support for those
programs already providing services to those already struggling with
disease or impairment. In order to be successful in his new role as
Secretary of Health and Human Services, Governor Leavitt will need to
balance these sometimes competing needs so as to effectively lead our
nation's federal health care systems into the 21st Century.
Let me just take a moment to lay out several areas that I hope
Governor Leavitt will make a priority as secretary. First, I think it
is imperative that we take steps to ensure that the prescription drugs
that are already on the market will not harm the millions of Americans
that rely on them for their health and well-being. Serious questions
have been raised about the ability of the Food and Drug Administration
to ensure the safety of medicines. In the coming days, I will be
introducing a bill to reform the FDA and give it the authority and
resources to effectively monitor prescription drugs that are on the
market, and take action if a safety issue is identified. I look forward
to working with Governor Leavitt on this issue, and I hope that he will
make it one of his top priorities.
Of additional concern are possible efforts to modify our nation's
Medicaid program, the federal and state health insurance program for
those with low incomes. Currently this valuable program serves more
than 50 million low-income children, pregnant women, elderly and
disabled Americans, providing a vital safety net of health care
services to these often vulnerable populations. I plan to work with the
new Secretary to ensure that any modifications to this important
program do not endanger its continued ability to provide for the health
of its needy beneficiaries.
I am also hopeful that Governor Leavitt will expand the work done by
his predecessor to bring the health care system into the information
age. Expanding the use of information technology, IT, in health care
settings will save patients' lives and improve the quality of care. In
addition, estimates suggest that investment in health IT is one of the
most effective tools we have to control skyrocketing health care costs,
making health care more affordable for all Americans.
I urge Governor Leavitt to take a close look at an issue affecting
the health of infants in this country. The Advisory Committee on
Heritable Disorders and Genetic Diseases in Newborns and Children is
close to issuing a report recommending a standard set of genetic
disorders that all states should test for at birth. Newborn screening
saves thousands of lives every year, but the current inconsistency in
state testing policies means that too many children still suffer from
disorders that are not detected until it's too late. I hope that
Governor Leavitt will work with me to ensure that states can adopt the
recommendations of the advisory committee, so no more infants fall
through the gaps in newborn screening.
Tragically, we know that each and every day in America 7,000 children
under the age of sixteen have their first alcoholic drink. We also know
that 4,500 children under the age of 21 will lose their lives due to
the abuse of alcohol each year. At the same time, the social costs
associated with underage drinking total close to $53 billion annually
including $19 billion from automobile accidents and $29 billion from
associated violent crime. In 2003, the Institute of Medicine released a
study, ``Reducing Underage Drinking--A Collective Responsibility,''
that laid out the national problems presented by consumption of alcohol
by youth and established a multi-tiered national strategy to reduce
underage drinking's toll. Sadly, however, there has yet been little
progress made in instituting this strategy. It is my desire to work
with the new Secretary toward implementation of this important report's
recommendations.
I also look forward to working with Governor Leavitt to increase the
availability of medical devices for children. Many essential medical
devices used extensively by pediatricians are not designed and sized
for children's special needs. Because the number of children needing a
particular device is often quite small, there's simply little financial
incentive for manufacturers to make pediatric appropriate devices. As a
result, health care providers are forced to use adult devices ``off-
label''
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without a clear understanding of the risks involved or to use older,
less optimal, or more invasive interventions. Pediatricians tell us
that the development of cutting-edge medical devices suitable for
children's smaller and growing bodies can lag 5 or 10 years behind
those for adults. In my view, this is an issue that demands our
attention.
Lastly, if I could take a moment to talk about some of the issues
related to poverty that this Congress will face and how important it
will be that we are able to work with a Secretary of Health and Human
Services who will be prepared to listen and to objectively assess
options and, when appropriate, to help bring compromise toward a
bipartisan solution. In the coming months, we will be working on
legislation to further strengthen Head Start, to improve the quality of
child care and to provide additional funding for child care in order to
ensure that we do not pit the working poor against the welfare poor,
legislation to reauthorize the Community Services Block Grant, CSBG, as
well as the Low Income Home Energy Assistance Program, LIHEAP. I am
interested in working with Mr. Leavitt to reach bipartisan support for
these measures, which frankly should have bipartisan support. We should
not be politicizing poverty.
I am very concerned about the direction that the administration wants
to take with regard to Head Start. I, too, believe there are further
actions we can take to strengthen the literacy and cognitive
development of Head Start children. But, Head Start is not just about
literacy. It is about overall school readiness which includes the
social, emotional, physical, and cognitive development of children,
development of the ``whole'' child. The Head Start bill approved by the
House last year and supported by the administration would repeal the
Head Start performance standards--standards which help ensure the
comprehensive quality of the program. I think that is a mistake. We can
and should further strengthen the Head Start program and I look forward
to working with Governor Leavitt to do so. But, if we are serious about
strengthening Head Start, then we cannot repeal the performance
standards which are the foundation for quality accountability.
As I mentioned earlier, another issue I hope to work with Governor
Leavitt on is child care. When Governor Leavitt appeared before the
Committee on Health, Education, Labor and Pensions, we talked about the
need to expand access to the children of working poor families, not
just the welfare poor, and to improve the quality of care. Again, if we
are serious about improving the school readiness of our Nation's
youngest, then we need to ensure that the child care they receive is
related to child development. Some 700,000 children are in state pre-
kindergarten programs. Another 900,000 children are in Head Start
programs. But, some 14 million children younger than six are in child
care arrangements for many hours every day, every week. If we ignore
the quality of care that these children receive, we are missing an
opportunity to ensure that these children enter school ready to learn.
It is these children, largely from working poor families, who aren't in
Head Start, who aren't in a 2-3 hour day pre-kindergarten program
because their parents work, who are most at-risk of being left behind.
I am hopeful that we can work to achieve a bipartisan increase in child
care funding to better address the needs of the working poor while
improving the quality of care the children in these families receive.
These issues of concern offer only a handful of the multitude of
items facing the office of the Secretary of Health and Human Services.
In his new role as Secretary of Health and Human Services, Governor
Leavitt will have the opportunity to touch the lives of millions of
Americans who often struggle to adequately address their health care
needs.
However, as we all know, with great opportunity also comes great
responsibility. As we learned painfully with the bioterrorist attacks
of 2001, we now face as a nation threats to our public health that we
could never have imagined only a few short years ago. In this new era,
it is critical that we are prepared to meet these new challenges head
on. I look forward to working with Governor Leavitt in his new role and
in the future to ensure that the public health infrastructure of the
Unites States is prepared to adequately address these new threats.
So it is with great optimism that I support this nomination. I can
think of few more influential positions within federal service than the
position of Secretary of Health and Human Services. This position
brings with it a great opportunity to not only shape the way we as
Americans learn about the importance of health but literally has the
ability to save lives. I hope to be able to have the opportunity to
work with Governor Leavitt in his new role as Secretary of Health and
Human Services to enhance the health and well-being of all Americans.
Ms. STABENOW. Mr. President, I rise today to discuss the nomination
of former EPA Administrator and Utah Governor Michael Leavitt to be the
Secretary of Health and Human Services.
I respect Governor Leavitt. He and I have enjoyed a good working
relationship when he was the EPA administrator. Governor Leavitt always
kept an open door, and he worked closely with me on important Michigan
issues such as Canadian trash and air quality standards.
But today, he stands ready to take a new role. This is an immense
honor and carries even greater responsibility. HHS oversees many of the
agencies that affect Americans' lives the most. For example, the
Secretary oversees Medicare and Medicaid, which covers over 70 million
people, from children and mothers to seniors and the disabled. The
National Institutes of Health drives our Nation's biomedical research,
and the Food and Drug Administration works to make sure what we eat is
safe.
Unfortunately, HHS also has a series of missteps. In today's
Washington Post, we learned that HHS, like the Department of Education,
paid a journalist to write supportive statements about administration
policy in her column. This is on top of findings that HHS improperly
used federal money for political purposes. HHS officials also stopped
the CMS actuary from giving important information to Congress about the
true cost of the Medicare drug bill. I urge Governor Leavitt to work to
correct these abuses.
I intend to vote to confirm Governor Leavitt, but I do want to use
this opportunity to raise some major concerns about health care. First,
I am concerned about Governor Leavitt's position on Medicaid. My State
has made great strides in stretching each Medicaid dollar, including an
innovative drug purchasing plan with other States.
We should encourage States to find innovative ways to save money, but
having flexibility and innovation does not mean cutting people's
benefits. I am concerned about rumors about ``block granting''
Medicaid. That would be a dangerous proposition to our most vulnerable
populations that rely on this important State-Federal partnership.
Second, we need to have a full and open debate about reimportation.
Last Congress, I was deeply disappointed that after numerous bipartisan
attempts to bring the issue of drug reimportation to the Senate floor,
the leadership blocked a fair discussion on a sensible way to bring
down drug prices. I am glad that my friend and colleague Senator Dorgan
secured an agreement with Senators Frist and Enzi on having a HELP
committee hearing on reimportation by April 25.
We urgently need to have a reimportation bill brought to the floor. I
am very troubled by allegations of delays while our seniors and
businesses pay the price. For example, there are allegations that the
administration is putting strong pressure on our neighbors to the north
to block reimportation. In fact, we have heard complaints that almost
immediately after U.S. trade officials visited Canada in December, the
Canadian health minister began looking into ways to block
reimportation.
I have heard too many stories from my constituents that without lower
priced, FDA-approved drugs from Canada, they would not be able to
afford their rent or buy their groceries. In the America that we want
for ourselves and our children, no one should ever have to choose
between paying their rent or their medicine.
It is unacceptable that they cannot purchase their medicine here in
the
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United States. In this great Nation, a pharmacist in Detroit should be
able to do business safely and securely with a pharmacist in Windsor.
I am glad that Governor Leavitt is keeping a more open mind about
reimportation than others in the administration . . . so far! In fact,
during his nomination hearing in the Finance Committee, he stated: ``If
it can be shown that it can be done safely, then it's a discussion we
should have.''
I hope Governor Leavitt will continue to keep an open mind as we
debate reimportation under the agreement with leadership. Again, we
need to have an open debate here in Congress about reimportation.
Finally, I hope that Governor Leavitt would keep an open mind about
allowing the Federal Government to negotiate drug purchases on behalf
of Medicare.
Even outgoing HHS Secretary Thompson said at his December 3
resignation press conference that he would have liked to have had the
opportunity to negotiate lower drug prices.
I know that Secretary-designate Leavitt has said he does not believe
that the Secretary should have the power to negotiate with drug
manufacturers to secure lower prices for Medicare beneficiaries.
Rather, he believes that the Medicare law provides enough safeguards to
keep drug prices in check.
How is that possible when researchers at Boston University have found
that the pharmaceutical industry will actually make $139 billion more
under this plan?
In fact, a recent study published in the prestigious Health Affairs
journal found that if Medicare could negotiate and bring drug prices
more in line with other nations' costs, we could close the doughnut
hole.
I am disappointed that Governor Leavitt does not believe in using the
market power of over 40 million people to get the best prices for
seniors, the disabled, and the American taxpayer. It is a good market-
based solution.
More than ever, we need to work to keep down the costs of drugs. It
is hurting our businesses, it is hurting our families, and it is going
to hurt every American taxpayer when the new Medicare drug program
begins in 2006.
Yesterday the Wall Street Journal published a sampling of this
month's prescription drug price increases, finding that the prices of
31 of the 50 biggest selling medications have increased dramatically
since our November elections. These drugs included popular drugs such
as the cholesterol-lowering drugs Lipitor and Pravachol; the pain-
killer Celebrex; the antidepressant Zoloft; and the blood-thinner
Plavix.
One health research group stated that pharmaceutical companies are
marking up their prices now in anticipation of the Medicare drug
program coming out in 2006.
It is outrageous that Medicare can't negotiate prices just like
businesses, states, and even other Federal agencies can.
This is a great nation, and in the past month, we have seen how
strong our democracy is. But we also have room for debate and
discussion. I urge Governor Leavitt to keep an open mind and to work
with all Members of Congress to bring down the cost of prescription
drugs for all Americans.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr Talent). Without objection, it is so
ordered.
Mr. DORGAN. Mr. President, the business before the Senate is the
nomination of Governor Leavitt to be the Secretary of Health and Human
Services. I come to the floor to express my support for Governor
Leavitt. He has come to Washington in recent years to be the head of
the Environmental Protection Agency. He is someone of considerable
talent, and he is someone with whom I have worked when he was Governor
of the State of Utah.
I have great respect for him, and I am very pleased that someone of
his capability and talent would offer himself again for this Cabinet
post. I am very pleased to support his nomination.
I do want to say that one of the issues that he will confront as the
Secretary of Health and Human Services is the issue of the
reimportation of prescription drugs. It has been a hotly debated issue
in the U.S. Congress. Sufficient votes exist in both the House and the
Senate to pass legislation allowing for the reimportation of
prescription drugs. The only reason that legislation has not been
passed and gone to the President is it has been blocked by a minority,
and blocked by those who want, apparently, to protect the President
from having to veto legislation that includes reimportation.
The President has indicated opposition to the reimportation of
prescription drugs.
Let me describe why the reimportation issue is important. The fact
is, American people pay the highest prices in the world for
prescription drugs. That occurs because the pharmaceutical industry can
charge those prices. Unlike most other industrialized countries, we
have no price controls. There, in fact, are some price controls, but
the controls are in the hands of the pharmaceutical industry. They
actually control prices in this country, and they control prices
because of a piece of legislation that was passed a couple of decades
ago that prohibits the reimportation of prescription drugs, except by
the drug manufacturer itself. For that reason, unlike other countries,
citizens in our country are not able to routinely purchase an FDA-
approved drug which is sold for a much less expensive price in other
countries.
There is an exception to that, which is the allowance for
prescription drug reimportation for personal use by someone who
actually travels personally across the border to Canada or Mexico and
purchases the FDA-approved prescription drug. They are allowed to bring
a 90-day supply for personal use into our country. With the exception
of that, a pharmacist from this country is not able to purchase from a
pharmacist in Canada, and a licensed distributor in this country is not
able to purchase from a licensed distributor in Canada.
The fact is, that is an exception to what is happening in other parts
of the world--Europe for over 20 years. If you are living in Germany
and want to buy a prescription drug from Italy, no problem. You can do
that. If you are in Spain and want to buy a prescription drug from
France, that is not a problem, either. It is called parallel trading.
Those engaged in it in Europe have testified before Congress and
indicated it has been going on for decades with no safety issues at
all. Yet in this country, we have this artificial barrier that prevents
a pharmacist from Grand Forks, ND, from buying an FDA-approved drug
sold by a pharmacist in Winnipeg, Canada. It makes no sense at all.
We were not able to pass this legislation because the pharmaceutical
industry has great influence here and with the Administration. As a
result, the legislation has been blocked.
Yesterday, Senator Olympia Snowe from Maine and I met with Majority
Leader Frist and Senator Enzi. We indicated that we would be
reintroducing our bipartisan legislation. Senator Snowe and myself,
Senator McCain, Senator Kennedy, Senator Stabenow, and many other of
our colleagues, will cosponsor the major bipartisan piece of
legislation dealing with the reimportation of prescription drugs.
We had a commitment yesterday that was expressed publicly last
evening; that the bipartisan piece of legislation dealing with the
reimportation of prescription drugs will have a hearing on its own
merit exclusively directed at that bill before the Health, Education,
Labor and Pensions Committee. I appreciate that very much. That is the
first step in getting this kind of legislation passed through the
Congress.
Our approach is to try to put downward pressure on prescription drug
prices because we think it is unfair that the consumers in this country
pay the highest prices in the world.
With your consent, Mr. President, I will show two pill bottles--two,
of a dozen, I could show. The bottles that I hold up today are bottles
of Lipitor. As one can see, they are identical in color, identical in
shape and size, and they contain an identical tablet. It is something
called Lipitor for the reducing
[[Page S541]]
cholesterol. The medicine taken is one of the most popular medicines
sold in this country taken to lower cholesterol levels in patients. It
is sold in Canada and in the United States.
As you can see, the same pill is put in the same bottle, is made by
the same company, and is FDA-approved in both cases. The difference?
Price. The American consumer is charged $1.86 per tablet and the
Canadian consumer, $1.10 per tablet. Why would one justify charging
nearly double the price to the American consumer? What justifies that?
These pills are, in most cases, made in the same plants, put in the
same bottle, but shipped to two different places with two different
pricing schemes. In almost every case, the pricing scheme with medicine
of this type is to price the brand-name prescription drug at a higher
price in the United States than exists in other countries. We think
that is unfair to the American consumer. We don't propose price
controls. Rather, we suggest the American consumer have the same access
to be able to purchase the FDA-approved medicine from other major,
industrialized nations with drug safety systems comparable to our own.
We recently had some testimony at a gathering here in the Congress
that I want to review for a moment. Dr. Peter Rost, who is a drug
industry executive, says:
The biggest argument against reimportation is safety. What everyone
has conveniently forgotten to tell you is that in Europe reimportation
of drugs has been in place for 20 years--
And done safely.
Then he continues by saying the following:
During my time response for a region in northern Europe, I
never once--not once--heard the drug industry, regulatory
agencies, the government, or anyone else saying that this
practice is unsafe. And personally, I think it is outright
derogatory to claim that Americans would not be able to
handle reimportation of drugs, when the rest of the educated
world can do this.
This, from a drug industry executive. He obviously wasn't treated
well by the industry when he said this. But it took great courage for
him to say what is obvious to everyone. There is no safety issue. That
is a specious argument by the pharmaceutical industry and those who
support it to try to head off the Congress passing legislation that
would allow for the reimportation of prescription drugs.
The bipartisan group of legislators, Republicans and Democrats, who I
and others have worked with, will introduce our legislation in the
coming days. We now have a commitment for a formal hearing on that
legislation. We will push for a vote on the floor of the Senate. I am
confident there are sufficient votes in the Senate to pass this
legislation. I do not think this legislation can continue to be blocked
as it was in the last Congress.
Mr. President, I wanted to make this point during the discussion
about the nomination of Mr. Leavitt.
Mr. Leavitt is a person, as I said, of considerable talent. I am
enormously pleased that he is assuming this role. He will understand,
as I understand, that he is duty bound in his new role as Secretary of
Health and Human Services to follow what the White House dictates on
this issue. The White House, at least at this point, is continuing to
oppose reimportation legislation. In fact, when Tommy Thompson and I
put together a task force to study this issue, they issued a report at
the end of last year which could have been classified as ``recently
incompetent humor''--this commission conceived in this report that
there was a safety issue. To show you how irresponsible it was to put
the task force together to reach a foregone conclusion that the
Administration previously held, they proposed that Dr. McClellan head
the group. He was the point person, who was the head of the FDA at the
time, who raised all the issues and was vigorously opposed to
reimportation and raised those issues in a manner that would befit
someone working for the pharmaceutical industry.
There was such a stink raised by Dr. McClellan to be selected to run
the task force that the Administration finally backed away and had
someone else run the task force. But the task force did not take a
``level look'' at what this was about. They came up and conducted the
safety issue.
There is no safety issue. Dr. Rost tells you; and I encourage any of
my colleagues who wish to know; go to Europe, or ask the Europeans to
come over here and testify. They will tell you they have been doing
this for years. The reimportation of drugs between countries has been
done routinely year after year without any safety issues at all. That
is just a specious issue raised by those who want to support the
pharmaceutical industry and who don't want to support the interests of
the American consumers who should not be charged the highest prices in
the world for prescription drugs.
Let me conclude as I started. Mr. Leavitt will assume the job of
Secretary of Health and Human Services. I am anxious to work with him.
I look forward to working with him. I have great respect for him. My
hope is that he can convince this Administration to change its policy
on reimportation.
This should not continue: The same pill put in the same bottle, made
in the same plant, both approved by the FDA, should not be shipped to
two places, one of which will impose upon the U.S. consumer the highest
prices in the world. That is not fair to Americans, and this Congress
ought to have the courage and the backbone to stand up for the
interests of the American people on this important issue.
Within a matter of days, we will reintroduce our bipartisan piece of
legislation. Within 90 days, we will have a hearing and we intend in
every way possible to press this case on the floor of the Senate.
I yield the floor, and I yield the remainder of the time on this
side.
The PRESIDING OFFICER. The Senator from North Dakota yields the floor
and yields back the remainder of the time on the Democratic side.
The Senator from Wyoming.
Mr. ENZI. Mr. President, I rise today to express my support for the
nomination of Governor Mike Leavitt, who has been the Administrator of
the Environmental Protection Agency, to serve as our next Secretary of
Health and Human Services.
President Bush chose wisely when he nominated Governor Leavitt for
this important post. He is a strong leader and an able administrator
and his record provides the proof for his ability to get results.
I have known Governor Leavitt for some time. We worked together far
back in my public service career when he helped found the Western
Governors University. His service as Utah's Governor gives him a wealth
of experience in the challenges of providing access to affordable
health care. As a Governor of Utah, his state had a diverse mix of both
a very rural and a very urban population. Accordingly, he brings
diverse views on how to handle a wide variety of issues. As a
westerner, he also understands the particular health care problems that
affect folks who live in those rural areas as well as the more rural
frontier areas.
His perspective will serve him well as Secretary. We have much work
to do together with Governor Leavitt. We need to improve our health
care system and increase patient safety through better and more
widespread use of information technology. We need to ensure that the
medications we take are safe and effective. We need to redouble our
efforts to protect our Nation from the present danger of bioterrorism.
We need to strengthen our health care safety net to protect the most
vulnerable among us, and perhaps most importantly we need to do
everything we can so that more affordable health insurance options are
available to working families and small businesses. That important task
will include making our medical liability system work better for
patients and providers.
I am pleased that I will have the opportunity to work with Secretary
Leavitt in my new capacity as chairman of the Committee on Health,
Education, Labor and Pensions. My committee is looking forward to
working with Governor Leavitt to craft solutions to the health care
challenges we face as a nation. During his confirmation hearing, he
agreed to informally sit down with Senator Kennedy and I and others who
are interested to informally discuss some of these solutions.
I believe we will succeed in meeting the shared challenges because
Secretary Leavitt has succeeded in every step he has taken in his
career. More importantly, Secretary Leavitt has great appreciation of
the importance of the family, which is the cornerstone of
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our society and the basic building block of our communities. Governor
Leavitt is both a good man and a strong leader. I look forward to
working with him on the health care issues that affect our families so
directly.
I urge my colleagues to vote to confirm Governor Leavitt as the next
Secretary of Health and Human Services.
Mr. President, it is my understanding the other side has yielded back
their remaining time. Knowing no other Republican wishes to speak, I
yield back the remainder of our time, as well.
The PRESIDING OFFICER. The Senator from Wyoming yields back the
remainder of the time on the Republican side. All time having expired,
under the previous order, the Senate will proceed to a vote on the
confirmation of the nomination.
The question is, Will the Senate advise and consent to the nomination
of Michael O. Leavitt, of Utah, to be Secretary of Health and Human
Services.
The nomination was confirmed.
The PRESIDING OFFICER. The President will be notified of the Senate's
action.
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