[Congressional Record Volume 168, Number 130 (Wednesday, August 3, 2022)]
[Senate]
[Page S3901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNANIMOUS CONSENT REQUEST--EXECUTIVE CALENDAR
Mr. CASEY. Mr. President, I rise today to speak about the nomination
of Robert Gordon. Earlier this year, Mr. Gordon had strong bipartisan
support in the Finance Committee when his nomination came to a vote.
Mr. Gordon is President Biden's nominee to serve as the Department of
Health and Human Services Assistant Secretary for Financial Resources,
and he has a long history of dedication to public service.
More recently, he served as director of the Department of Health and
Human Services for the State of Michigan. He played a central role in
the State's pandemic response and managed an agency of 14,000 employees
and a multibillion-dollar budget.
Before that, he held senior roles in the U.S. Department of Education
and the Office of Management and Budget, where he championed evidence-
based policymaking to use taxpayer dollars wisely.
Earlier in his career, Mr. Gordon served as a senior official at the
New York City Department of Education. He was a senior aide on Capitol
Hill, a law clerk for Justice Ruth Bader Ginsburg, and a White House
aide.
In his time at the White House, he supported the development of the
AmeriCorps program.
In his long career in public service, he has worked to ensure that
government programs work for those they serve and that they do so
through responsible use of taxpayer dollars. Such experience is
essential to the work of the Assistant Secretary for Financial
Resources at the Department of Health and Human Services.
HHS has responsibility for critical programs like Medicare, Medicaid,
and the Children's Health Insurance Program, just to name a few. The
Assistant Secretary for Financial Resources must ensure that these
programs and many others under the umbrella of the Department remain
strong for future generations.
I ask unanimous consent that, as if in executive session, the Senate
consider the following nomination: Calendar No. 762, Robert Michael
Gordon, to be Assistant Secretary of Health and Human Services; that
the Senate vote on the nomination, without intervening action or
debate; that if confirmed, the motion to reconsider be considered made
and laid upon the table and that the President be immediately notified
of the Senate's action.
The PRESIDING OFFICER. Is there objection?
The Senator from Tennessee.
Mr. HAGERTY. Mr. President, reserving the right to object, since last
year, I have been asking for a commitment from my Democratic colleagues
that any future reconciliation legislation in this Congress will not
incorporate policies that will reduce access to care in nonexpansion
States, such as Tennessee.
Specifically, my concern is that the reconciliation legislation that
the House of Representatives passed last fall, which is the very
vehicle for the reconciliation bill currently being discussed in the
Senate, included provisions that cut DSH and uncompensated care pool
payments for nonexpansion States. This would result in less healthcare
for vulnerable populations in my State, it would accelerate hospital
closures, and it would disadvantage rural communities. These are places
and populations for which we are trying to secure more quality
healthcare, not less.
Because I still have not received confirmation that these provisions
will not be included in the final text of the partisan reconciliation
bill, I cannot consent to expediting confirmation of this nominee and,
therefore, I object.
The PRESIDING OFFICER. The objection is heard.
The Senator from Pennsylvania.
Mr. CASEY. Mr. President, I want to respond, at least preliminarily,
to my friend from Tennessee. I appreciate his advocacy for hospitals in
his home State of Tennessee. So given that he is seeking this assurance
about these disproportionate share hospital payments, my understanding
is that the reconciliation bill we are about to consider this week does
not contain any provisions that are directly relevant and any provision
that would impact these disproportionate share hospitals or
uncompensated care pool funding.
So given that and given that he is seeking this specific assurance
about the pending reconciliation bill--and I think it is evident or
will become evident that the bill does not contain these DSH provisions
or uncompensated care payment cuts--I would ask him just this question,
if he would entertain this question: If the Senate does pass a
reconciliation bill, which I hope will be by the end of this week, and
that bill is then subsequently enacted into law, will he lift his
objection and allow this and other relevant HHS nominations to be
confirmed by unanimous consent?
Mr. HAGERTY. Mr. President, I would like to respond to my friend from
Pennsylvania.
That is a very reasonable request. We are getting ready to go through
a process of which I have not yet seen the text--an amendment process
that is hard to anticipate--and dread to think that there would be
another wraparound, that that could happen as well. But assuming that
we get to an end point and this language that I have discussed is not
in the bill--the same language that the House included is not in this
bill--I would be more than happy to lift my objection.
Mr. CASEY. Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Indiana.
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