[Congressional Record Volume 171, Number 29 (Wednesday, February 12, 2025)]
[Senate]
[Pages S877-S881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE CALENDAR
The PRESIDING OFFICER. The clerk will report the nomination.
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The senior assistant legislative clerk read the nomination of Robert
F. Kennedy, Jr., of California, to be Secretary of Health and Human
Services.
The PRESIDING OFFICER. The Senator from Oregon.
Nomination of Robert F. Kennedy, Jr.
Mr. WYDEN. Mr. President, as we begin this discussion that is so
important to America, I thought I would just mention the conversation I
had recently with a couple of young medical students who came up to me
and said: We know you are interested in healthcare and have been
involved in this.
I am so appreciative of Senator Murray, who is going to pick up on
the healthcare issue--an area where she has very substantial experience
and expertise.
I thought these medical students summed up this debate, because they
said: The way we see this Kennedy nomination, it is not just a vote for
next week or even next year; this is a vote with enormous impact for
decades.
Because Mr. Kennedy, according to these young medical students, has a
long record of essentially being anti-science.
What we are going to do in our discussion of his nomination is go
into that and other issues.
Suffice it to say, during his confirmation hearings--and they have
been in multiple committees now--he was given ample opportunity from
members on both sides of the dais to clarify his views on science and
vaccines and our Nation's biggest Federal health programs. We are going
to, in the hours ahead, touch on each of these and why Mr. Kennedy's
failure to demonstrate a basic understanding of these important issues
that impact America's health make him a uniquely unqualified nominee to
become our Nation's chief healthcare officer.
In beginning my remarks, I wanted to say that ever since my days with
the Gray Panthers, I have always felt that healthcare is the most
important issue. If you and your loved ones don't have your health,
everything just goes by the board. So that just reinforces what these
young medical students were saying about the decision we are going to
make in future hours with respect to Mr. Kennedy.
I am going to start with perhaps the most dangerous aspect of his
long history, and that is his embrace and amplification of vaccine
conspiracy theories. He has made a lucrative career out of sowing doubt
in the minds of parents when it comes to vaccinating their kids. His
nonprofit, the Children's Health Defense, is solely dedicated to
peddling these conspiracies. You can even get merch. There are baby
onesies, apparently, that read ``Unvaxxed, Unafraid,'' ``No Vax, No
Problem.''
He has been the attorney of record on at least five cases against
drug companies for their vaccines, which he didn't disclose to ethics
officials and refused to answer questions about. He also refused to
give up his 10 percent stake in any settlement agreements--instead,
passing them off to his son. He refused to recuse himself from taking
any actions that might affect his family's financial interests.
A vaccine that became routine for young people about 20 years ago is
involved here, and since then, it has successfully cut cervical cancer
rates into just a fraction of what they were before the drug came out
to market. All of this adds up to a future HHS Secretary who stands to
profit off of undermining this vaccine and, as a result, raise cervical
cancer rates.
To quote my Republican colleague Senator Cassidy, a physician, Mr.
Kennedy is ``financially vested in finding fault with vaccines.''
He also played a big role in one of the most deadly measles outbreaks
in recent history. In 2019, he traveled to Samoa and used his platform
to promote his anti-vax agenda, taking aim at the measles vaccine. The
vaccine rate in Samoa plummeted. By 2019, measles had torn through the
population, making more than 5,700 people sick, and 80 people were
killed, most of them young kids.
During his confirmation hearing at the Senate Finance Committee, Mr.
Kennedy told me, ``We don't know what was killing them,'' speaking
about those 83 deaths. But just last week, the Director General of
Health for Samoa called this claim by Mr. Kennedy ``a total
fabrication.''
So, Mr. President and colleagues, just put that in your thinking
about this consideration--Mr. Kennedy saying that he didn't know what
was killing these young people in Samoa and the Director General of
Health of Samoa calling Mr. Kennedy's claim ``a total fabrication.''
A recent analysis showed that Mr. Kennedy has made 114 separate
appearances in the last 4 years where he took anti-vaccine views or
spread misinformation about the efficacy of vaccines. In 36 of these
instances, Mr. Kennedy directly linked vaccines to autism.
Instead of providing the committee with clarity or reassurances about
his decades-long career peddling vaccine conspiracies, what did Mr.
Kennedy do? He dodged, he weaved, he bobbed and gave no indication that
as Health and Human Services Secretary, he would stand by settled
science that surrounds vaccines.
As HHS Secretary, Mr. Kennedy would have a huge amount of control
over how vaccines are promoted and administered in our country. He
could issue orders that discourage doctors from sharing information
with parents and patients about lifesaving vaccines. He could issue an
order that discourages schools from talking about or even requiring
vaccines. He could rubberstamp an Executive order from Donald Trump
that defunds the Centers for Disease Control, which is essentially the
Agency in charge of getting Americans up-to-date information about
vaccines and when to get them.
Just imagine you are a parent scrolling on Instagram or listening to
a podcast. You hear this gentleman speaking passionately about the
danger of vaccines. Maybe you do a bit of research, and lo and behold,
you find this is the Secretary of Health and Human Services, America's
chief healthcare guy. You think to yourself: Huh, this guy must know
what he is talking about. Maybe he is right in his questioning of
whether vaccines are safe and effective.
So the seed of doubt on vaccines gets planted. Then, at your kid's
next wellness exam, you decide not to get them their next round of
vaccinations. A few months later, you are taking them on a trip to
Disneyland, say for spring break, where countless other parents like
you have heard the same medical advice from the same person and they,
too, decided against vaccinating their kids.
It only takes one of those kids carrying a deadly disease like
measles for an outbreak to begin, and pretty soon, after what was
supposed to be the spring break trip of your dreams, your kid, sadly,
is showing symptoms.
What follows then is a slew of doctor's appointments, maybe even a
stay in the hospital, sleepless nights, missed days of work and school,
not to mention dread and fear for your child's very well-being.
Meanwhile, countless other parents around the country that went on the
same trip to Disneyland are now experiencing the same exact nightmare
you are.
Sowing the seed of doubt in the minds of just a few people can have
massive consequences for communities across the country, and it is not
hypothetical. Right now, there is a measles outbreak in Texas that has
sickened more than a dozen kids. The number of kindergartners showing
up with an exemption for required vaccinations jumped to a record high
last fall. The two facts are connected, and Mr. Kennedy and his allies
can take the credit for it.
Now, Mr. Kennedy is fond of saying he is not making recommendations
about whether parents should vaccinate their kids; he is just asking
questions and giving people choices. That is a slippery tactic used by
conspiracy theorists to dodge any real responsibility for their words
and actions, and it is absurd coming from somebody who is about to be
confirmed for a job that is entirely about making recommendations.
Mr. Kennedy is also fond of saying that if somebody shows him the
science to prove he is wrong, well, then he will apologize and retract
his statements, but when somebody does show him the science proves him
wrong, he just brushes it aside and basically will not accept it as
fact.
Once again, to quote my Republican colleague Bill Cassidy directly:
``to
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improve the health of Americans, or undermine it, always asking for
more evidence and never accepting the evidence that is there''--that is
why, Bill Cassidy told Mr. Kennedy, he was struggling with his
nomination.
Even Republicans like Senator Cassidy--someone I work with frequently
on the Finance Committee and respect his opinion--he notes how
dangerous this guy is.
It is not hyperbole to say that when Mr. Kennedy becomes Health and
Human Services Secretary, if he does, and has control over how our
government rolls out vaccines or makes them available, I believe kids
in America will die.
When disease rates for illnesses that have effective vaccines start
to rise in States across the country and hospitalizations and death
tolls mount, my Republican colleagues are going to regret voting, if
they do, for Mr. Kennedy today or early tomorrow.
When disease rates for illnesses that have effective vaccines start
to rise in States across the country and death tolls mount, again, we
will see Republicans say: This is something that could have been
prevented. What else should we have done?
Republicans will be responsible for every child that dies as a result
of not being vaccinated because it seems they care more about staying
in the good graces of Donald Trump than they do about protecting the
lives of kids. Again, this is something they will regret for years to
come.
Now, before we turn to Senator Murray's remarks, I would just like to
touch on Mr. Kennedy's stance on reproductive choice--an area where
Senator Murray has been our leader for years and years in the Senate.
In the lead up to and during his failed Presidential campaign, Mr.
Kennedy repeatedly claimed he supported a woman's right to make her own
healthcare decisions. Less than a year ago, in an Instagram post on
June 14 last year, he stated that he supports the emerging consensus in
this country that abortion should be legal up to a certain number of
weeks.
Fast-forward to his confirmation again at the Senate Finance
Committee a few weeks ago. He was pressed repeatedly by Democrats about
his stance on abortion. Instead of clarifying, Mr. Kennedy defaulted to
a clearly rehearsed talking point that he repeated over and over again:
I agree with President Trump. Every abortion is a tragedy.
While that answer doesn't give us much clarity, it is certainly
telling. Mr. Kennedy has a long history of changing his stance on
healthcare issue after healthcare issue to whatever position benefits
him at the moment. As long as it earns him power or it earns him a
paycheck, as far as I can tell, Mr. Kennedy will believe--or at least
pretend to believe--whatever you want him to. He is willing to give up
his principles and all his beliefs that women and mothers are better
equipped to make their own healthcare decisions than politicians, and
it is all about, as we have talked about on this floor, staying in
Donald Trump's orbit of power.
While Mr. Kennedy recites rehearsed talking points on the subject,
this is an issue that has had real, deadly consequences for women, as
Senator Murray has said again and again.
Donald Trump spent his first term packing the Supreme Court with
rightwing extremists willing to rip away the reproductive freedoms
guaranteed to us under Roe v. Wade. In the wake of the Supreme Court's
gutting Roe, millions of women living in red States have had their
reproductive freedoms ripped away from them, all due to Donald Trump.
In the years since the overturn of Roe, there have been countless
headlines about the consequences of these abortion bans: women bleeding
out in parking lots or in emergency rooms because they were denied
care; women becoming infertile and losing their ability to have kids in
the future because they couldn't get care; and, in the very worst
cases, women dying.
So it should horrify every American that we don't actually know where
Mr. Kennedy stands. The man who could become our Nation's chief
healthcare officer--we don't know where he stands on reproductive
health, short of perhaps just saying he is a ``yes'' man for anything
Donald Trump tells him to do.
So I think at this point, Mr. President, I want to yield the floor to
my friend and colleague from Washington State because she knows so much
about the challenge of ensuring that women's reproductive health
services are being protected. As Secretary of Health and Human
Services, Mr. Kennedy could do so much damage to the well-being and
health of women.
I am very pleased to be able to yield the floor to Senator Murray to
discuss that and other pressing issues.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, thank you to my colleague from Oregon,
who has very clearly stated why this nominee is not someone who should
be holding the title of Secretary of Health and Human Services, and I
appreciate all of his work on this, and his wife's work. I hope
everyone heeds them.
The American people are watching now with alarm because the vast
majority of people know vaccines are safe, they are effective, and they
are lifesaving. But we are now on the verge of confirming as our
Nation's highest health official a man who has spent considerable time,
money, and effort undermining that basic fact; a man who has abused his
platform by refusing to acknowledge the well-established science that
shows that vaccines are not linked to autism.
Fear about that point--fueled by RFK, Jr., and others peddling
misinformation--is a leading reason that parents do not get their kids
vaccinated against preventable, dangerous diseases. That is why
elevating a man like RFK, Jr., to lead HHS would be so dangerous. Just
giving him any platform to spread vaccine doubt is dangerous. But to
give him one of the biggest megaphones in the world?
It is truly shameful that we even are debating this. My colleagues
should know better. They actually do know better. They are looking the
other way. They are choosing to pretend like it is in any way
believable that RFK, Jr., won't use his new power to do exactly the
thing he has been trying to do for decades: undermine vaccines.
Never mind the fact that CDC has already modified web pages with
information about vaccines and other vital public health information,
which a Federal judge has now ordered the Trump administration to
restore. Never mind that the Trump administration is also reportedly
planning widespread and significant layoffs--layoffs--at CDC and across
HHS. This is how RFK, Jr., substitutes his own beliefs for science.
So when the vaccine conspiracies start swirling, and RFK, Jr., turns
HHS into ground zero for misinformation, ``I had no idea'' is not going
to be an excuse for confirming him, because at the HELP Committee
hearing, the chair pressed him repeatedly about the debunked claims
that vaccines cause autism. And when RFK, Jr., said he needed to ``see
the evidence,'' he was shown the evidence, but to no one's surprise, he
did not keep his word, admit he had been wrong, and spread the good
news that vaccines do not cause autism.
He has had 2 weeks since that hearing to look at the same settled
science as everyone else--crickets. But he won't hesitate to quote the
latest anti-vax conspiracy. He is totally up to speed on that front.
Are my colleagues really buying that this guy will take an impartial
look at the science?
If you think RFK, Jr., will change who he is, you are lying to
yourself. He has given no evidence to suggest that and all the evidence
in the world to the contrary.
Given his long and growing track record, we cannot just pretend, if
RFK, Jr., finally gets power to undermine vaccines--a cause he has
dedicated a considerable amount of time and effort to--that he will
just give up. That is not believable.
And I know I have been talking a lot about vaccines because it is so
obviously alarming, but the responsibility he would have goes far
beyond that.
So let's break some of this down, both the ways he could undermine
vaccines as HHS Secretary and the other responsibilities that would be
at stake.
To start with, the CDC is under HHS. That means that the Secretary
directly appoints people to CDC's vaccine advisory board. That board is
responsible for making recommendations about
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vaccines, and it is those recommendations that determine whether or not
certain vaccines have to be covered by insurance.
So simply put, changing those recommendations will change what
vaccines millions of Americans--including kids--will be able to get
from their healthcare provider. If he is confirmed, there would be
nothing stopping RFK, Jr., from firing the entire board and replacing
them all with vaccine skeptics. After all, he has said many times and
in many ways that he thinks CDC is corrupt and bought by Pharma--as
usual, by the way, without any evidence.
RFK, Jr., would also oversee the Food and Drug Administration--that
is another Agency he has repeatedly tried to discredit and attack--
where he says he plans to fire--fire--hundreds of scientists on day
one, at an Agency that plays the crucial role of making sure our drugs
and our treatments, including vaccines, are safe and effective when we
purchase them.
Not only would Mr. Kennedy have a key perch from which he would
undermine vaccines, on a scale like never seen before, he could also
use that platform to peddle quack treatments with no basis in science.
RFK, Jr., would also have jurisdiction over NIH. That alone means
influence over billions of dollars in medical research--research that
is responsible for a significant portion of our economy and, more
importantly, research that patients are desperately hoping will help
them find cures. But RFK, Jr., could redirect those funds to promote
his favorite pet conspiracies instead of promising cures, or he could
make good on his plans to fire hundreds of researchers and pause
infectious disease research for 8 years.
It should go without saying that viruses aren't going to take a
break.
And here is the thing: The attacks on medical research are now
already happening under Trump. From his day one Executive orders,
President Trump has already been threatening medical research.
Suddenly, all of our grants are at risk because they are looking at
addressing barriers to care or understanding why Black and Native
American women have higher maternal death rates.
And now President Trump is also trying to illegally, arbitrarily, and
suddenly change NIH guidelines to set an unrealistic low cap on
indirect cost rates. That will mean researchers laid off, studies
canceled--including lifesaving clinical trials--and kids not able to
get the treatment they need, all because President Trump and Elon Musk
don't seem to understand how we actually fund important research and
couldn't even be bothered to find out before taking an ax to our
medical research labs.
At a time when lifesaving research like this is already under attack
by the President and the richest man in the world, no one who truly
values medical research should vote to install one of the biggest
attackers of medical science as the Secretary of HHS.
Insurance is another huge portfolio for HHS. Last time Trump was in
office, we saw millions of people lose their healthcare coverage. The
uninsured rate went up after years of hard-won progress. And we all
know he still wants to rip up the Affordable Care Act, which will drive
up costs and kick people off their coverage.
There is no reason to think Mr. Kennedy will stand up to that effort.
Indeed, there is no reason to think he has the experience and
understanding of the system to actually do so.
During his committee hearings, RFK, Jr., confused Medicare and
Medicaid. This is basic stuff. He failed to describe the components of
Medicare.
And, yes, Mr. President, I do absolutely have to talk about abortion
care. This is of grave importance right now.
In his hearings, not only did RFK, Jr., confess to having no real
understanding of EMTALA--that is a law which requires patients have
access to lifesaving, emergency care, including, in some cases,
abortion care--he also showed that he will be totally open to
Republicans' fact-free efforts to rip away access to medication
abortion.
Like so many other issues that RFK, Jr., is simply wrong about, the
science on that has been settled for many years now. Mr. Kennedy made
clear, though, he is very open to revisiting access to the abortion
pill, based on a Republican argument against the science that basically
boils down to ``nuh uh''--``nuh uh.''
Putting up barriers to accessing the abortion pill or ripping it off
the market completely, as Republicans have made very clear they want to
do, would be absolutely devastating.
And let's not forget about pandemic threats. The lies that RFK, Jr.,
spread during the last pandemic already made clear he is not the man to
do this job. But if that weren't enough, when there was a pandemic
threat response planning session for this new administration, he
skipped it. He didn't go. It would be almost comical if this wasn't so
serious.
Everywhere you look, everything about this nominee is so concerning.
We cannot take this man at his word--something he has changed and gone
back and forth on time and time again. But we can take him on his
record, which is that he has consistently undermined vaccine
confidence, and, by the way--note--he profited from that. And we can
take the threat of what he might do seriously, especially given the
alarming things that are already happening.
If RFK, Jr., gives you his word of honor that he won't freeze
research, guess what. We are already seeing the Trump administration
totally upend medical research. Thanks to the Trump funding freeze, NIH
hasn't issued any grant awards in weeks.
If RFK, Jr., swears he is not going to take down information about
vaccines, he is not going to silence experts, well, don't look now, but
the Trump administration has already taken down or changed CDC pages
about vaccines. They have already silenced public health experts.
If RFK, Jr., pinky-promises you that he won't undermine medical
science or studies and he won't ignore global health threats, well, you
might want to sit down for this, but President Trump has completely
demolished our global health aid work. He has already completely
demolished it.
The fallout is utterly heart-wrenching. Already we know of a woman
who died because the USAID-supported hospital she went to for oxygen
was forced to discharge her because they got a ``stop work'' order from
the Trump administration.
It is not clear if she was the first death caused by Trump's complete
freeze, but there is no question she will not be the last.
Let me make a really important point here: It is not just people
across the world who will be affected by this. There was a study being
done on a new HIV treatment with thousands of volunteers--a study being
done, already having thousands of volunteers doing the treatment--but
now, without their regular injections, which are cut off by Trump's
move, there is going to be too little of the drug in their system to
protect those people from HIV, but enough of the drug that, if they
contract HIV, it could mutate to become drug resistant.
So for all of the absolutely unhinged conspiracies we have heard
about medical research from RFK, Jr., and the like, where is the
concern of this actual risk in this actual study happening right now,
all because President Trump cut off foreign assistance?
RFK, Jr., has been silent about that risk, silent about how wrong
that is. And so even as he is making these empty promises on one hand
to some of our colleagues, he is already standing by as President Trump
breaks them on the other hand.
Oh, and here is one more: If RFK, Jr., says he is going to consult
you on healthcare personnel, please do not be fooled.
Look, I don't know why my colleagues need me to tell them this. I
like to think we have some pretty smart people around here. But this
vote--RFK, Jr.'s own nomination--this is your consultation on
healthcare personnel, not some made-up promise for later. This is the
point when you have the most power.
Whatever he might say, you don't get to choose who RFK, Jr., will
appoint to this or that. Heck, he doesn't get to choose who President
Trump appoints. The decision you get to make--that all of us on this
floor get to make--is the decision before us right now.
You get to choose whom you vote to confirm, and you will have to live
with
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that decision. And if you ignore the warning signs and confirm RFK,
Jr., then, when the wheels fall off the wagon, you may try to tell
yourself you were lied to. But you knew who you were dealing with. You
knew who you were dealing with. You knew what he said before and what
he has refused to say. You had all the knowledge you needed to do the
right thing.
I cannot tell my colleagues enough: This is not a game. This is not a
political role without consequence. The Health Secretary has real power
over whether Americans can get basic information and care that impacts
whether they live or die. As I have tried to drive home throughout this
process: Vaccines save lives. That is not a question. It is not a
slogan. It is a fact.
If, when parents look to you worried about their newborn, wanting to
do what is best for their baby and trusting your advice as a public
health leader, if you cannot tell them the same truth that centuries of
science and experience tells us, which is that vaccines are safe and
effective and lifesaving, then you have absolutely no business leading
the Department of Health and Human Services--none.
And so just as I did at the hearing, I want to warn all of my
colleagues. By merely voting to confirm Mr. Kennedy, we would be
telling our constituents: He is worth listening to on vaccines. That
alone will get people killed before he even lifts a finger, because he
does not even need the levers of power to get people killed, all he
needs is that megaphone to affirm his views by voting to confirm him as
our highest health official.
Let's not mince words about what that will mean. When babies die from
whooping cough because parents weren't sure if the vaccine was safe,
will you be able to look them in the eye? when the flu sweeps our
nursing homes? when measles sweep through our communities? Will it be
worth it?
I will end on this: I am sure there are plenty of Members who know
perfectly well just how dangerous it would be to confirm RFK, Jr. They
don't need to hear it from me. In fact, some of them even know the
danger better than I do.
Here is what I do know: Conscience is a muscle. Courage is a muscle.
The less you use them, the more they fade away. So if my colleagues are
feeling the pressure from President Trump or if they are feeling the
weight of the richest man in the world on their backs on this vote, I
would warn them: This will certainly not be the last test we face here
in the Senate. Giving in to this pressure now won't make it go away. It
won't soften the pressure you face later, and it will not strengthen
your resolve when the stakes are higher. It will just show pressure
works.
If you do not draw a line somewhere, you will cross every line you
could ever imagine. You will be pushed further and further into
accepting things you thought you never would, things you thought you
never could.
I think most of my colleagues know what is really at stake here. I
think most of my colleagues know what sort of man RFK, Jr., is and what
sort of damage he could do if he is confirmed.
There are political realities. We all get that. But there is also
right and wrong. There is fact and fiction. There is people staying
healthy, and people dying pointlessly, kids dying pointlessly from
diseases that we can prevent because they thought Congress took its job
of vetting our healthcare Secretary seriously.
So I urge my colleagues to show some courage. I urge them to show
some conscience. I urge them to vote no on RFK, Jr.'s, nomination.
Mr. President, I yield 3 minutes of postcloture debate time to the
Democratic leader, and I yield the floor.
The PRESIDING OFFICER (Mr. Sheehy). The Senator has that right.
The Senator from Tennessee.