National Journal's CongressDaily
Issue date:  November 19, 2001
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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