[Congressional Record Volume 159, Number 68 (Wednesday, May 15, 2013)]
[Senate]
[Pages S3518-S3519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Marilyn Tavenner

  Mr. President, if I might, one other issue I want to address is the 
nomination of Marilyn Tavenner.
  Marilyn Tavenner has been nominated to be Administrator for the 
Centers of Medicare and Medicaid Services, otherwise known as CMS. As 
head of CMS, Ms. Tavenner would be in charge of administering Medicare, 
Medicaid, and the Children's Health Insurance Program, among others.
  Roughly one in three Americans relies on health coverage under the 
jurisdictions of CMS--one in three. This includes 50 million Medicare 
patients, 56 million Medicaid patients, and more than 5.5 million 
children in the Children's Health Insurance Program. In my home State 
of Montana, 167,000 seniors and 8,300 military retirees rely on 
Medicare alone.
  Marilyn Tavenner is an experienced health care professional. She has 
proven herself to be a strong leader, and I believe she is the right 
woman to lead CMS, a view shared by my colleagues on both sides of the 
aisle.
  Ms. Tavenner is a proud native Virginian and her congressional 
delegation, all of them, warmly introduced her--if they were all not 
there, in spirit--at a confirmation hearing before the Finance 
Committee last month. Democratic Senators Mark Warner and Tim Kaine and 
Republican House majority leader Eric Cantor all spoke on her behalf. 
Here is what House majority leader Cantor said:

       I don't think there is any secret that I differ with the 
     Obama administration in a lot of matters in health care 
     policy . . . but if there is anyone that I trust to try to 
     navigate [these] challenges, it is Marilyn Tavenner.

  Two weeks ago, the Finance Committee approved Ms. Tavenner's 
nomination with a unanimous vote. She has earned this broad support 
from both sides of the aisle and the confidence of many of us because 
of her demonstrated abilities.
  She started as a nurse, quickly rose through the ranks to become a 
hospital administrator, served 4 years as Virginia's Secretary of 
Health and Human Resources before joining CMS in 2010, and she has 
served as acting administrator for the last year and a half. I am 
confident we will get a strong vote for this nomination because Marilyn 
Tavenner has a reputation for being a pragmatist and a person who 
doesn't give up.
  One story I wish to share--and this is important--is of Marilyn 
working the night shift in the intensive care unit at Johnston-Willis 
Hospital in Richmond, VA, as a nurse. At 2 a.m. a rescue squad brought 
in a young woman to the emergency room. She had been in a terrible car 
accident and crashed through the windshield of her old Volkswagen 
bug. Badly injured and having suffered massive blood loss, she was 
pronounced dead. But Ms. Tavenner and the doctors went to work to 
revive her. The surgeon on call told reporters:

       We came up with a game plan, and it was right on target. We 
     used about 60 units of blood. Marilyn was very supportive in 
     everything . . . The patient ultimately walked out of the 
     hospital.

  That is Marilyn Tavenner. She doesn't give up. We need that type of 
leader at CMS, believe me. Her experience in health care is real, it is 
varied, and it will serve us well in this position.
  One final note. As someone pointed out, CMS has operated without a 
confirmed administrator for several years, so I am glad we are moving 
forward with this nomination. We need a confirmed administrator, with 
all the work she has to do, especially implementing the Affordable Care 
Act. That was an essential bill that created good law. In a few months 
the health care marketplaces will be open for enrollment, and tax 
credits and subsidies will be available to help families and small 
businesses pay for health care. It is a critical time to have someone 
with Ms. Tavenner's experience confirmed and in charge at CMS. She has 
done a good job in the past, and she will do a good job in the future.
  I urge my colleagues to support me in supporting her nomination.
 Mr. CASEY. Mr. President, I support the nomination of Marilyn 
Tavenner to be the Administrator of the Centers for Medicare and 
Medicaid Services, CMS. I strongly support her nomination and was sorry 
to miss today's vote. I voted for her confirmation in the Finance 
Committee and would have done so today as well.
  It has been over 6 years since CMS has had a confirmed Administrator, 
and the agency will benefit from having someone with Ms. Tavenner's 
skills and expertise at the helm. Her experience as the Secretary of 
Health and Human Resources in Virginia and with the Hospital 
Corporation of America as well as the time she has already served

[[Page S3519]]

as Acting Administrator and Principal Deputy Administrator of CMS have 
prepared her well for the challenges and opportunities she will 
confront in this position.
  I thank her for her willingness to serve at this important time, and 
I look forward to working with her in the months and years 
ahead.
  The PRESIDING OFFICER. Under the previous order, the question is: 
Will the Senate advise and consent to the nomination of William H. 
Orrick, III, of the District of Columbia, to be United States District 
Judge for the Northern District of California?
  Mrs. BOXER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Pennsylvania (Mr. Casey) 
and the Senator from New Jersey (Mr. Lautenberg) are necessarily 
absent.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Tennessee (Mr. Corker).
  Further, if present and voting the Senator from Tennessee (Mr. 
Corker) would have voted ``no.''
  The PRESIDING OFFICER (Mr. Blumenthal). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 56, nays 41, as follows:

                      [Rollcall Vote No. 125 Ex.]

                                YEAS--56

     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Collins
     Coons
     Cowan
     Donnelly
     Durbin
     Feinstein
     Flake
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--41

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--3

     Casey
     Corker
     Lautenberg
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate prior to a vote on the Tavenner nomination.
  The question is, Will the Senate advise and consent to the nomination 
of Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers 
for Medicare and Medicaid Services?
  Mr. REID. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  Mr. DURBIN. I announce that the Senator from Pennsylvania (Mr. Casey) 
and the Senator from New Jersey (Mr. Lautenberg) are necessarily 
absent.
  The result was announced--yeas 91, nays 7, as follows:

                      [Rollcall Vote No. 126 Ex.]

                                YEAS--91

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cowan
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     McCain
     McCaskill
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--7

     Crapo
     Cruz
     Johnson (WI)
     Lee
     McConnell
     Paul
     Risch

                             NOT VOTING--2

     Casey
     Lautenberg
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.

                          ____________________