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National Journal's CongressDaily
Issue date: November 19, 2001 -=-=-=-=-=-=-=- HEALTH Thompson Proposes Plan To Compare Health Options HHS Secretary Thompson announced an initiative today to provide Medicare and Medicaid recipients with better comparative information to help them choose nursing homes, hospitals and other sources of health care. "Our efforts today will help beneficiaries all across the country to compare the performance of their local nursing homes and will provide the recognition that high quality nursing homes deserve," Thompson said in unveiling the plan. Starting in January, the Centers for Medicare and Medicaid Services will initiate a five-state demonstration to identify, collect and publish nursing home quality information in Colorado, Maryland, Ohio, Rhode Island and Washington. CMS will begin publishing the information in April, and the information will be available online at www.medicare.gov. It will also be promoted through local Quality Improvement Organizations. If the pilot program is successful, it would be expanded to include nursing home quality information from all states, beginning next October. CMS will also eventually work to develop similar information for home health agencies, hospitals and other types of providers. At the same time, Senate Finance ranking member Charles Grassley, R-Iowa, and Rep. Henry Waxman, D-Calif., are raising questions about the quality of nursing home information. New nursing home quality inspection standards the administration proposed in September would require violations to affect 75 percent of residents in order to be considered "widespread," which could make it almost impossible to determine whether violations are widespread based on the samples inspectors use now. "The semantical change you seek brings an Orwellian result. By lumping all violations affecting between four residents and 74 percent of residents in the same category, the CMS proposal lessens the usefulness of these classifications and limits public information about nursing home conditions," Grasssley and Waxman said in a letter to CMS Administrator Thomas Scully. "Your change will mean the appearance of widespread violations will reduce appreciably, yet the inexcusable reality of widespread harm will remain the same," the letter continues. A CMS spokesman said the agency's proposal, which was an informal communique to industry and interest groups, was only an effort to get advice on how to simplify the inspectors' manual. "It doesn't change any of the standards," he said. The inspectors' manual overhaul is a separate initiative from the nursing home data publication pilot announced today. - by April Fulton -=-=-=-=-=-=-=- HEALTH AMA Seeking To Revive Collective Bargaining Bill The American Medical Association today attempted to revive legislation to allow physicians to collectively negotiate with insurance companies. The original, controversial bill died in 1999 - after the House passed it, but the Senate chose to do nothing with it. The AMA is hoping that a study it unveiled today will spur new interest in legislation, and Donald Palmisano, an AMA board member, said the association is talking to House and Senate lawmakers whom he hopes will take the lead. He also said the AMA has talked to Bush administration officials, but he declined to discuss the outcome of those talks. The new legislation might be different from its original form, said Palmisano. "Whatever restores discussions, we'll be happy with," said Palmisano who added he was optimistic, despite the fact that Congress is focusing almost entirely on terrorism-related issues. The original bill would have allowed physicians to bypass antitrust laws and collectively negotiate their contracts with insurance companies. It would not have allowed physicians to stage a strike. The study concludes that a significant number of insurance markets across the country are "highly concentrated," impeding competition, and that, in a large number of the markets, a single insurer has a market share over 30 percent. It also cites some markets where a single insurer has a market share as high as 40 percent to 50 percent. "This vast consolidation of health plans puts physicians, who are their patients' primary healthcare advocates, at a severe disadvantage, especially when negotiating patient care issues," Palmisano said. Physicians have long complained that managed care companies present them with contracts that include provisions they might oppose, such as having to participate in the company's HMO if they want to participate in the PPO. Physicians sometimes want to participate just in the PPO when they believe that the HMO is too restrictive in the care it allows. The AMA called for stricter scrutiny of healthplan mergers and acquisitions. Since 1995, there have been 321 announced health insurer mergers and acquisitions, according to the AMA. "With the exception of the 1999 U.S. Department of Justice challenge of the Aetna/Prudential merger, the consolidation of the health insurance marketplace has gone virtually unchecked by federal regulators," the AMA said in a statement. - by Marilyn Werber Serafini -=-=-=-=-=-=-=- TRANSPORTATION Bush Signs, Hails 'Bipartisan' Aviation Security Measure President Bush today signed the aviation security bill at an appearance at Reagan National Airport, hailing it as a "bipartisan" measure. On hand for the event were House Transportation and Infrastructure Chairman Young, ranking member James Oberstar, D-Minn., and Aviation Subcommittee Chairman John Mica, R-Fla. White House Press Secretary Ari Fleischer today said that because Bush sees "so much" that is good in the legislation, the president could be enthusiastic about it - despite the bill's failure in the short term to allow some airport security workers to remain private sector employees, as the president wished. Bush applauded the bill's provision establishing a new undersecretary of Transportation for security. "The new security force will be well-trained, made up of U.S. citizens," Bush said. "And if any of its members do not perform, the new undersecretary will have full authority to discipline them or remove them." The White House has not decided who it will nominate for the undersecretary job, according to Fleischer, saying Bush was particularly pleased the DOT had received the assignment instead of the Justice Department. Although Fleischer said Bush had directed the agency to "move rapidly" to enforce the legislation, Fleischer did not indicate that noticeable new improvements resulting from the bill would be in place in time to reassure travelers during the holiday travel season. He indicated the DOT had not yet devised a timetable for implementing the bill, noting it had just been adopted. Bush himself pointed to several actions the administration has already taken to improve air safety. The government has made more funds available to the aviation industry to fortify cockpit doors, placed more air marshals on airplanes, and instituted a "zero policy crackdown on security breaches." Under the new law, the FAA must test the security benefits of biometric technologies in at least 20 airports, National Journal's Technology Daily reported. The biometrics language requires the FAA to consider the deployment of technologies that identify individuals and to test it in a pilot program. Groups such as the American Association of Airport Executives recently touted biometrics technologies in testimony before Congress, and the group also has called for the Defense Department to re- evaluate classified technologies to see if they can be put to use in airports. The aviation security law also directs the Transportation secretary to explore using wireless or wireline data technologies to transmit potential aviation threats to a common database of suspected terrorists. The database would be connected to other federal and state agencies. The law also requires all airlines to secure their computer reservation systems against unauthorized access. The FAA must periodically review potential aviation threats and analyze its systems to weigh the possibility of cyber attacks that could disrupt their operations. Air carriers also must expand their use of the Computer- Assisted Passenger Pre-screening System to cover all passengers. The law authorizes money for the FAA to conduct research and development on, and testing and evaluation of, security technologies. And it authorizes the FAA to issue research grants for longer-term airport security improvements, secure networking and the sharing of information about aviation threats among federal agencies and law enforcement. The statute also calls for the use of video monitors, voice-stress analysis and other technologies to pinpoint disturbances; the electronic transmission of the names, birth dates, passport numbers and other relevant information of each airline passenger and crew member; and the use of technology to allow "trusted passengers" to bypass long security checkpoints. - by Keith Koffler and Liza Porteus -=-=-=-=-=-=-=- ECONOMY White House Pushes For Stimulus; Ads Attack Daschle White House Press Secretary Ari Fleischer today sought to ratchet up the pressure on Senate Democratic leaders to pass a stimulus bill, calling the question of whether a measure will move "a real test of the new Senate." Pointing to recent job losses, Fleischer said, "The president thinks it would be a grave mistake for the Senate to leave town without passing an economic stimulus" package. He added that President Bush still prefers a bill by the end of November. "The House of Representatives has passed an economic stimulus. Now it's time for the Senate to do the same," Fleischer said. The new White House rhetoric meshes with that offered in recent days by House Ways and Means Chairman Thomas, although Thomas' criticism of the Senate has been far more scathing. Despite today's call for the Senate to act, Bush would also support Thomas' suggestion that if the Senate cannot pass a bill, negotiations should begin immediately between members of the House Ways and Means and Senate Finance committees. Meanwhile, the business-based Tax Relief Coalition this weekend unleashed a "substantial radio ad buy" in South Dakota, urging Senate Majority Leader Daschle to quickly move an economic stimulus package, according to an executive close to the TRC. The ad hits Daschle and House Minority Leader Gephardt for visiting Mexico over the weekend while the stimulus plan was languishing. "That's right, Mexico," an announcer says in the ad, adding, "It just doesn't make sense when our priority is jump starting America's economy." House Republican Conference Chairman J.C. Watts of Oklahoma late last week linked inaction on the stimulus to Daschle's Mexico trip in comments that drew a rebuke from some Hispanic Democratic House members. A Daschle spokeswoman said the majority leader made "three separate offers" Thursday to begin negotiations on the stimulus, but received no response from Republicans. "We are ready and willing to negotiate an economic recovery package but the Republicans refuse to come to the table," the spokeswoman said, adding that Daschle and Gephardt were in Mexico at the invitation of that country's president. But another TRC executive said: "There's widespread frustration on K Street that the Senate has chosen a path that will not result in a bill. I don't know if [running the ads] will change Daschle's actions, but it makes us feel better."- by Keith Koffler and Charlie Mitchell -=-=-=-=-=-=-=- OUTLOOK Two Senate Buildings Reopen; Hart Facing More Work The Russell and Dirksen Senate office buildings reopened today after undergoing environmental testing over the weekend for traces of anthrax. Officials ordered the tests after the discovery of an additional anthrax contaminated letter addressed to Sen. Patrick Leahy, D-Vt. It is not known whether the letter ever entered one of the Senate office buildings, where Leahy has office space. Test results are expected to become available Wednesday, but health officials believe there is no public health risk posed by reopening the buildings, according to a memo released by the office of the Senate sergeant at arms. EPA officials briefed top Senate staff Friday about the ongoing cleanup efforts. Officials estimate that it could take three to four weeks to decontaminate the 11 Hart Senate Office Building offices besides Majority Leader Daschle's where traces of anthrax have been detected. Additionally, health officials need to seal off Daschle's office to remediate it - a process that will require the temporary closing of Dirksen as well as Hart. Technicians are using foam, liquid and gas forms of chlorine dioxide to eliminate the anthrax. Officials declined at Friday's briefing to predict how long the entire process would take. The Senate office buildings were reopened today with lawmakers have begun their Thanksgiving holiday. Minority Leader Lott plans to spend Thanksgiving with his family in Mississippi. Daschle's family is coming to Washington to spend the holiday with him. House Speaker Hastert and Majority Leader Armey have returned to their respective Illinois and Texas districts where they are scheduled to spend their Thanksgiving break before the House reconvenes next week. When the House returns the afternoon of Nov. 27, it is scheduled to take up a series of suspension bills. For the remainder of next week, the House is expected to vote on the FY02 Defense appropriations bill, which could not be completed last week, and any available conference reports on FY02 spending bills. House Minority Leader Gephardt, who visited Mexico this weekend on a three-day trip with Daschle, returned Sunday. Gephardt is expected to return to St. Louis Wednesday for Thanksgiving before traveling to New York next Monday and Tuesday for Democratic Congressional Campaign Committee meetings. - by Geoff Earle and Mark Wegner -=-=-=-=-=-=-=- TRANSPORTATION Senators Say They Would Oppose Efforts To Liquidate Amtrak A bipartisan group of senators Friday said they would oppose any efforts to liquidate Amtrak, the nation's passenger rail service, despite forthcoming recommendations to do so triggered earlier this month by a 6-5 vote of the Amtrak Reform Council. "We consider passenger rail service an essential link in America's transportation system, and a strategic asset during times of national emergency. Amtrak cannot be liquidated without the Senate's approval, and we will oppose any effort to do so," Senate Commerce Surface Transportation Subcommittee Chairman John Breaux, D-La., Sen. Olympia Snowe, R-Maine, and others wrote in a letter to President Bush. "We hope you will join us in reassuring Amtrak's creditors that liquidation is not an option," the letter said. Under a 1997 law, Amtrak was supposed to become self- sufficient by December 2002. On Nov. 9, the ARC, charged with overseeing the rail service, voted that Amtrak would not meet this deadline. The vote set in motion a series of actions, including the development by ARC and the development by Amtrak of plans to liquidate the rail services within 90 days. Congress does not have to adopt either plan, but the vote will likely force a renewed look at how the service operates. -=-=-=-=-=-=-=- FOREIGN AFFAIRS Four House Members Meet With Syrian President Four House members met Syrian President Bashar Assad Saturday for talks on improved relations with Syria and the Middle East peace process. Rep. Brian Kerns, R-Ind., told reporters after the meeting that there seems to be "some opportunity for real progress" in U.S.-Syrian relations, the Associated Press reported. The United States has long listed Syria as a country that sponsors terrorism because of its support for militant Palestinian groups such as Hezbollah, which opposed Israel's occupation of southern Lebanon and continues to attack Israeli troops over a tiny parcel of disputed land on Lebanon's southern border. The delegation's leader, Rep. Darrell Issa, R-Calif., whose grandparents immigrated to the United States from Lebanon, told reporters that for the United States to remove Hezbollah from its list of terrorist organizations, the Lebanese-based group must renounce terrorism and confine itself to its humanitarian and parliamentary activities. The delegation arrived in Syria Saturday, and was expected to then leave for Beirut for talks with Lebanese President Emile Lahoud. Other delegation members are Reps. Nick Rahall, D-W.Va., himself of Lebanese descent, and John Cooksey, R-La., who is seeking a Senate seat next year. Cooksey ignited a furor in Louisiana earlier this year by telling local radio stations that security officials should feel free to stop and question anyone "wearing a diaper on his head," a reference to the headgear worn by Osama bin Laden and his supporters. Cooksey has since tried to distance himself from those remarks and said he regretted his choice of words. -=-=-=-=-=-=-=- POLITICS Former Sen. Harrison (Pete) Williams Dies At 81 Former Sen. Harrison (Pete) Williams, D-N.J., who was instrumental in passing several landmark measures before being caught in the web of the undercover Abscam operation of 1979-80, died this past weekend at 81. Williams, who had battled cancer and heart aliments in recent years, died at a hospital in Denville, N.J., the Associated Press reported. The once-popular liberal Democrat was convicted on May 1, 1981 on bribery, conflict of interest and conspiracy charges stemming from the undercover FBI sting that also netted six U.S. House members. Williams subsequently avoided becoming the first senator to be expelled since the Civil War by resigning in March 1982, after serving a quarter of a century in that body. For the rest of his life, Williams fought to clear his name, claiming entrapment and tainted evidence. Before the Abscam probe, Williams was hailed as a strong voice on behalf of migrant workers, women, coal miners, the handicapped and the elderly. As chairman of the now-renamed Senate Labor and Human Resources Committee, Williams authored the Occupational Health and Safety Act. He also sponsored legislation creating the federal urban mass transit program. -=-=-=-=-=-=-=- ATTACK UPDATE Taliban fighters have peacefully withdrawn from an Afghan province near the border with Iran, but they retain control of their southern stronghold of Kandahar, an Afghan tribal representative today told the Associated Press. A group of ethnic Pashtun tribal elders who opposed the Islamic militia persuaded the Taliban to pull out of western Farah province over the weekend, said a spokesman. The report could not be independently confirmed. If true, it would signal progress for Pashtun leaders who have been trying to remove the Taliban from the remaining areas of Afghanistan under their control. "We have taken over from the Taliban in a peaceful manner" in Farah, said the spokesman for the tribal faction led by Gul Agha Shirzai. "The Taliban will feel much weaker and they'll be more convinced to give up their power peacefully" in Kandahar, he said. However, he acknowledged that there were "hardcore" Taliban who were committed to fighting. Meanwhile, a judge in Spain filed formal charges against eight alleged al-Qaida members suspected of helping with the terrorist attacks on New York and the Pentagon. The suspects "were directly linked to the preparation and carrying out of the attacks perpetrated by 'suicide pilots' on Sept. 11, 2001," Judge Baltasar Garzon said in his order Sunday. The move followed more than 12 hours of questioning by the judge, who will prepare a case against the men and present it to a court for trial. Court officials said the process could take several years. Garzon formally charged the men with membership in a terrorist organization - al-Qaida - and with document falsification, robbery and weapons possession. The men denied the charges. -=-=-=-=-=-=-=- POLITICAL ROUNDUP California. Former Fresno Mayor Jim Patterson, a Republican, announced last week that he would run for Congress in the state's newly configured 21st District, the Fresno Bee reported. "In all likelihood, we will be electing a wartime Congress," he said. "It is time for principled, sober leadership." Patterson said he supports a guest worker program, but added that the U.S. border "was too porous, letting in not only terrorists, but 'other criminal illegals' who end up operating such things as methamphetamine labs." While Patterson's stint as mayor should provide some name recognition, only one-fifth of the city is in the new district. Patterson will also try to avoid splitting the Fresno County vote in the Republican primary with Assemblyman Mike Briggs. The third GOP candidate is dairy farmer Devin Nunes; the newly created open district has a Republican tilt. Idaho. Former U.S. Attorney Betty Richardson, a Democrat, has taken the first steps toward challenging GOP Rep. Butch Otter, the Associated Press reported. Richardson announced she had formed a statewide committee, including ex-Gov. Cecil Andrus, to explore the bid. "In the months and years ahead, our government will face unprecedented challenges, from strengthening our intelligence capabilities to risk assessment and emergency preparedness," Richardson said. "My experience in law enforcement provides me with a unique perspective on many of these issues." Richardson did not criticize Otter - a former lieutenant governor who won the seat in 2000. As head of the Ada County Democratic Committee in 1990, Richardson helped engineer the Democratic Party's greatest resurgence since the 1950s, largely on a strong showing in the state's most populous county." Richardson said she would make a final decision on whether to run for Congress by the end of the year. Illinois. Patricia Clemmons, a Republican, said last week she will not challenge GOP Rep. Gerald Weller for the newly configured 11th District seat next year, the Joliet Herald News reported. Clemmons said she would be a candidate for state representative instead. Clemmons said she felt she could have a greater impact on the lives of local residents by working at home than in Washington. "While I do not agree with every position or vote by Congressman Weller," she said, "it is clear to me that Congressman Weller works hard for the Republican Party and is the best-suited candidate for Congress to serve this area, especially in this time of war and uncertainty." A number of Illinois House districts underwent alteration this year following reapportionment, in which the state lost a congressional seat. Georgia. Republican Cecil Staton, a Macon educator and businessman, has announced plans to move to a northwest Georgia county and run for the newly configured 11th District seat next year, the Macon Telegraph reported. "Over the past few weeks, I have received considerable encouragement from members of the Georgia Republican congressional delegation and statewide Republican leaders," Staton said. "[Rep.] Bob Barr's decision to run in the new 7th District creates a new seat in the new 11th." Staton added that the terrorist attacks of Sept. 11 influenced his decision to run. Georgia gained two House seats in this year's reapportionment. New Hampshire. Republican Bill Cahill announced last week he would run for the open seat in the 1st District, the Nashua Telegraph reported. Republican Rep. John Sununu is giving up the seat to challenge Republican Sen. Bob Smith. A former executive councilor and state representative, Cahill is a professional consultant and president of GSRG Cahill Communications. The potential GOP field also includes state Rep. Fran Wendelboe, who is expected to declare her candidacy today, as well as Portsmouth businessman Sean Mahoney, Belknap County Commissioner Chris Boothby and state Rep. Jeb Bradley. Brad Card, the brother of White House Chief of Staff Card, recently decided against making the race. The only Democratic candidate is Martha Fuller Clark, who ran an aggressive challenge to Sununu last year. South Dakota. Republicans close to GOP Gov. Bill Janklow say he is considering a run for the House, the Sioux Falls Argus Leader reported Sunday. A run by Janklow for the at-large seat being vacated by GOP Rep. John Thune could set up a primary battle between the term-limited governor and former Sen. Larry Pressler, who has already announced his plans to run. Thune is leaving the House to challenge Democratic Sen. Tim Johnson. Janklow ran for the GOP Senate nomination in 1986, but lost in the primary to then-Sen. James Abnor, who then was defeated by now-Majority Leader Daschle in the general election. Janklow did not confirm his intentions. "I don't talk about politics," he told the Argus Leader. But state Republican Chairman Joel Rosenthal sounded excited. "If he were to run, Janklow would be a fantastic candidate," said Rosenthal. "He's tuned up. His approval rating is high, and he has the ear of the president. But we also have other great candidates running." Republicans earlier this year made an effort to get Pressler an appointment in the Bush administration. But Pressler told the paper he is no longer interested in any administration job. Texas. GOP Rep. Pete Sessions Friday said he would leave his current district and run in a newly created adjacent seat, the Dallas Morning News reported. Sessions, whose present district stretches from Dallas to Bryan, said he would seek election in the new 32nd District, which is contained within Dallas County and is expected to be a safe GOP seat. Sessions, first elected to Congress in 1996, lives about a half-mile from the new district. Republican state Rep. Ken Marchant said last week he was considering running in the new district, but indicated that his decision would depend on what Sessions chose to do. The new district resulted from the redistricting plan recently approved by a three-judge federal panel; Texas gained two seats this year in reapportionment. -=-=-=-=-=-=-=- THE FINAL WORD "I think we'll get out Dec. 7. I just don't know what year." - House Republican Conference Chairman J.C. Watts of Oklahoma, commenting last week on the uncertain prospects for adjournment. -=-=-=-=-=-=-=- -=-=-=-=-=-=-=- CongressDaily is published daily, Monday through Friday, by National Journal Group Inc. Copyright 2001 by National Journal Inc., 1501 M St., NW, #300, Washington, D.C. 20005. Retransmission, redistribution or reproduction of CongressDaily is prohibited without the express, written permission of National Journal Group Inc. To read CongressDaily on the Web, contact 1-800-207-8001 or njcirc@njdc.com for your username and password. President--John Fox Sullivan, 202-739-8468 (jsullivan@njdc.com) Publisher--Steve Hull, 202-739-8475 (shull@njdc.com) Editor--Louis Peck, 202-739-8481 (lpeck@njdc.com) Executive Editor--Keith White Senior Managing Editor/A.M. Edition--Robert Ourlian Senior Editor--Charlie Mitchell Associate Editor--Greta Wodele Assistant Editor--Chuck Jordan Reporters--Pamela Barnett, Lisa Caruso, Geoff Earle, Keith Koffler, Brody Mullins, Stephen J. Norton, Mark Wegner Special Correspondents--Jerry Hagstrom, Julie Rovner Subscription price: $2,497 a year. Subscription and e-mail transmission information: 202-266-7230 (cngdaily@njdc.com). -=-=-=-=-=-=-=- CDENDIT
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