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Health

What Are Lobbyists Telling Republicans About Health Reform?

Following Tuesday’s midterm elections, both parties have indicated that they wanted to re-visit the Affordable Care Act, but the skeptic in me doesn’t think that they’ll agree on anything beyond the 1099-reporting requirement and even that holds its own difficulties. Assuming of course, that repeal is a non-starter — The Hill’s Mike Lillis reported earlier today that Sen. Tom Harkin (D-IA) reiterated that the effort would go nowhere in the Senate — what other health initiatives will the new Congress consider?

Health care industry and employer lobbyists who, in anticipation of the midterm wave, have shifted their campaign contributions to Republicans this election cycle, may provide some clues to what lawmakers are hearing about the affects of reform and other health priorities. And so what follows is only a partial list of their concerns and demands:

PHARMACEUTICAL INDUSTRY: The industry doesn’t expect Republicans to reopen the doughnut hole, but it does want Congress to “reauthorize the Prescription Drug User Fee Act, or PDUFA, which allows companies to pay fees to the Food and Drug Administration to accelerate product reviews.”

LARGE EMPLOYERS: “They don’t want to repeal it,” said Geoff Manville, principal in Mercer’s Washington Resource Group. “But large employers for their part want to amend the law and make changes, largely around provider payments and delivery-system reform.” Big employers “would like to see more aggressive pay-for-performance measures that aim to improve patients’ health results while reducing costs in the Medicare program, he said. “That’s the 800-pound gorilla that drives the entire health-care system.”

INSURERS: “The insurance industry is working to persuade the next Congress to roll back a roughly $70 billion tax on insurance companies that takes effect in 2014, saying it will disproportionately hit small businesses that insure their workers. It also wants lawmakers to allow insurers to widen the rating bands that dictate how much more insurers can charge older customers. Insurers also want to tackle the growth of health costs by enacting a new measure to give robust protections against medical malpractice lawsuits to doctors who follow certain “best practice” guidelines.”

HOSPITALS: The American Hospital Association formally came out “in support of Sen. Cornyn’s bill to repeal reform’s Independent Payment Advisory Board (IPAB).” “America’s hospitals support the repeal of IPAB because its existence permanently removes Congress from the decision-making process and threatens the long-time, open and important dialogue between hospitals and their elected officials about the needs of local hospitals and how to provide the highest quality care to their patients and communities,” they wrote in a letter.

DOCTORS: “The American Medical Association (AMA) is warning of ‘a catastrophe’ if lawmakers don’t step in to block the 23 percent cut, which is scheduled to take effect Dec. 1, and another 6.5 percent cut that’s due a month later.”

Education

Incoming Budget And Education Committee Chairmen May Be Eyeing Student Loan Cuts

Rep. John Kline (R-MN)

The House Republicans’ much-ballyhooed Pledge to America includes a commitment to reduce non-defense discretionary spending to the level at which it was in 2008. This would mean — among many other things — that funding for Pell Grants would be reduced by $9 billion, even though demand is likely to go up as the effects of the Great Recession linger.

The Pledge’s architect, Rep. Kevin McCarthy (R-CA) bristled when Bloomberg News’ Al Hunt made this point during an interview last week. “Are you willing to cut Pell Grants for middle-class college students by $4 million or $5 million [in 2011]?” Hunt asked. “Well, see, people go out and pick the special little places,” McCarthy replied.

McCarthy may be playing it coy, but according to Inside Higher Ed, incoming House Budget Committee Chairman Paul Ryan (R-WI) and potential House Education and Labor Committee Chairman John Kline (R-MN) both have their eye on Pell reductions:

“Under a Republican Congress, Pell will certainly be revisited and reconsidered in a substantial way,” said Moran, of AASCU. Whether that means raising eligibility standards, cutting the maximum award level or drastically reshaping the Pell program remains to be seen. A senior Republican Senate staffer echoed that view. When it comes to finding ways to cut federal student aid spending, said the Republican Senate staffer, “if John Kline doesn’t fire the first volley, Paul Ryan in the budget committee is going to.”

The Pell Grant program is already facing a shortfall that will result in 9 million students seeing their grants cut if Congress doesn’t work to address it. Further cuts would be make this problem even worse.

Cuts in Pell Grants would also start to undo one of the least publicized achievements of the 111th Congress: increasing the amount of money available for the Pell program by cutting out billions in senseless subsidies that were given to private bankers to originate federal loans. As a result of that move, $100 billion will be pumped into the economy due to the increased earnings of low-income students who now have access to higher education.

The U.S. is already on pace to be short millions of college-educated workers in the next few decades, as our educational attainment has stagnated. The U.S. has fallen to 12th in percentage of 25-34 year olds with a college degree. Canada is currently number one in terms of attainment, and “the U.S. would have to add 1 million college degrees per year through 2025, on top of the 2 million degrees already awarded annually” to catch up.

“The growing education deficit is no less a threat to our nation’s long-term well-being than the current fiscal crisis,” said Gaston Caperton, the president of the College Board. But the GOP seems ready to take a hatchet to student loans, in the name of fiscal responsibility.

Politics

Pence: Voters Don’t Want Democrats And Republicans ‘To Work Better Together’

Days before the Republicans won control of the House and made gains in the Senate, GOP leaders made clear that there will be “no compromise” with Democrats and President Obama. Senate Minority Leader Mitch McConnell even said his priority will not be to solve problems, but to defeat Obama in 2012.

After the GOP victories this week, Democratic leaders said they want to work with Republicans to get things done. Obama said there are a “whole bunch” of areas where Democrats could work with the GOP. “We’ve got to start working together. … Legislation’s the art of compromise,” Senate Majority Leader Harry Reid (D-NV) said. Yet, Rep. Mike Pence (R-IN) doesn’t think so. On a local radio show today, not only did Pence reiterate his “no compromise” pledge, but he upped the ante, saying voters don’t want Republicans and Democrats to work together:

PENCE: I’m going to ensure that Republicans come out of the gate and seize this moment, we’ve really been given a second chance at a first impression and I’m going to tell them that we have to rise to the challenge with principle and conviction and not with this attitude that you saw coming from the White House yesterday and from some other quarters on the establishment left in Washington which was that somehow the message of the election was that they want Democrats and Republicans to work better together, to get along — good heavens.

Listen here:

Pence doesn’t seem to have a firm grasp on what the American people want. An Ipsos/Reuters poll released on Monday found that “[m]ore than half of voters (56%) want to see Congress prioritizing cross-party working to enable consensus-based policymaking.” And a New York Times/CBS News poll released last week reported similar results. A whopping 78 percent said that Republicans should “compromise some of their positions to get things done” versus only 15 percent who said they should “stick to their positions.”

Health

How Republicans Can Weaken The Health Care Bill By Challenging Its Regulations

I’ve chronicled the GOP’s early hints of dismantling the Affordable Care Act by challenging the law’s regulations, but Senate Minority Leader Mitch McConnell’s reference to the tactic in today’s address solidifies this as a serious GOP repeal strategy, and as such it deserves some additional consideration.

As far as I can tell, Congressional oversight of rule-making began with the Congressional Review Act of 1996, which allows Congress to review and reject both past and present federal regulations. Before a rule can take effect as a final rule, the law stipulates that the Federal agency issuing the regulation must submit to each House of Congress and the Comptroller General a report containing a copy of the rule and a proposed effective date. The specific details of this strategy are below (courtesy of the Congressional Research Service) but the gist is that if both houses pass the disapproval resolution and the President does not veto it, the resolution becomes law, and the rule becomes “of no force and effect”:

For initial floor consideration, the Act provides an expedited procedure only in the Senate. (The House would likely consider the measure pursuant to a special rule.) The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must be submitted within 60 days after Congress receives the rule, exclusive of recess periods. Pending action on a disapproval resolution, the rule may go into effect, unless it is a “major rule” on which the President or issuing agency does not waive a delay period of 60 calendar days.

If a disapproval resolution is enacted, the rule may not take effect and the agency may issue no substantially similar rule without subsequent statutory authorization. If a rule is disapproved after going into effect, it is “treated as though [it] had never taken effect.” If either house rejects a disapproval resolution, the rule may take effect at once. If the President vetoes the resolution, the rule may not take effect for 30 days of session thereafter, unless the House or Senate votes to sustain the veto. If a session of Congress adjourns sine die less than 60 days of session after receiving a rule, the full 60-day periods for action begin anew on the 15th day of session after the next session convenes.

Congress has only invoked this prerogative only once, in 2001 when President Bush signed into law “a repeal of Clinton administration regulations that set new workplace ergonomic rules to combat repetitive stress injuries.” Democrats considered using the technique to reverse President Bush’s environmental regulations once Obama came to power, but never did.

For Republicans, this too will be an uphill climb, but many Tea Party conservatives seem energized at the possibility of taking down unpopular regulations. As incoming Senator Rand Paul (R-KY) told CNN several days ago, “I think we should sunset all regulations unless they’re approved by Congress. That doesn’t mean we won’t have regulations, it just means that Congress should be approving the regulations and you shouldn’t have unelected bureaucrats making regulations.”

Yglesias

Endgame

Good old boys are back on top again:

— BHTV classic technical difficulties.

— The Netherlands leads the world in gender equity.

— Really looking forward to the inevitable backlash against the wave of anti-Hispanic bigotry sweeping Arizona.

— Reihan Salam’s advice for the 112th congress.

— Vince Gray’s transition team looks solid.

— Fun with zoning shakedowns, Wheaton edition.

For John Boehner, it’s Sleater-Kinney’s “Combat Rock”.

Politics

Mark Penn Says Obama Needs Another Moment Like Oklahoma City Bombing To Reconnect With The Country

This evening, MSNBC host Chris Matthews hosted Rep. Jim Moran (D-VA) and Mark Penn — former Hillary Clinton campaign adviser and current Burson-Marsteller CEO — to discuss the results of this week’s elections. The three talked about what they believed the Democrats need to do differently in order to win elections in the future.

Penn suggested that President Bill Clinton was provided an opportunity with the Oklahoma City bombing to “reconnect” with voters. In a clumsy, ham-handed way, Penn then suggested that perhaps Obama needs his own similar event — like the domestic terror attack in OK City — to reconnect with Americans:

PENN: President Clinton reconnected with Oklahoma. And the President right now he seems removed. And it wasn’t until that speech that he really clicked with the American people. Obama needs a similar kind of, yeah.

Watch it:

Politics

Senator Tom Udall Wants To End Filibuster Abuse: ‘Now Is The Time For Rules Reform’

Earlier this year, Sen. Tom Udall (D-NM) delivered an address about conservative obstruction at the Center for American Progress Action Fund titled “Deliberation, Obstruction or Dysfunction? Evaluating the Modern U.S. Senate and its Contribution to American Governance.” At the event, Udall discussed what he called the “Constitutional Option,” which he described as the Senate having the ability to alter its rules with a simple majority vote at the beginning of each Congress. Indeed, with record use of the filibuster in the current Senate, an overhaul of the procedure is needed to prevent further obstruction.

A week and a half ago, Udall conducted an interview with Tikkun Daily’s Lauren Reichelt in which he reiterated his support for changing the rules of Senate procedure. He explained once again that all it takes is for 51 senators to vote for a change in the rules for the Senate to change the filibuster right at the start of the session. He concluded, “Now is the time for rules reform“:

UDALL: The first thing for people to really understand about the Constitutional Option is that people are frustrated with the rules of the Senate and I don’t blame them. The reason they’re frustrated is because when we campaigned and when President Obama campaigned, we were gonna do all these great things, make these great changes, move the nation forward, and that’s not happening as quickly as we would want it to happen. So that’s a critical issue — that we’re not getting the change that people want. And so what the Constitutional Option is about is doing rules reform in the Senate at the beginning of a Congress and the crucial thing is that at the beginning of Congress you can set rules with 51 Senators. You can end the debate and you can adopt new rules. Now is the time for rules reform.

Watch it:

In part two of the interview, Udall used health care as an example of why the filibuster should be changed. He explained that if “we were able to refine the rules and reform the rules, I think we would be getting closer to a public option than the bill we passed.” He concluded that “the real issue here is the Senate should be producing on the change the American people want. And the Senate’s broken now, and so I’m trying to lead out on reform.”

This past summer, Senate Majority Leader Harry Reid (D-NV) told an audience at the Netroots Nation conference that “we’re going to have to change” the filibuster in order to end obstruction. And during a recent appearance on The Daily Show, President Obama also hinted that he’d support overhauling the filibuster, telling host Jon Stewart that he would “love” to not have a 60 vote requirement for ending debate and proceeding to a vote on bills. Their sentiments are in line with 50 percent of Americans, who said in a February 2010 CBS/New York Times poll that the filibuster should be changed (44 percent were opposed). Udall has laid out a path for doing exactly that, and it is up to his fellow legislators to choose to use it.

Climate Progress

Midterms: Green Power Helps Colorado Buck the National Trend

By Tom Kenworthy, a Senior Fellow at the Center for American Progress Action Fund.

Colorado Republicans are going to need a bigger wave if they ever hope to wash away progressive gains and an entrenched commitment to clean energy in the Rocky Mountain state.

Victories by Democrats Michael Bennet in the U.S. Senate contest and Denver Mayor John Hickenlooper in the governor’s race didn’t just buck the national GOP trend. They sent a strong signal to progressive candidates everywhere that support for the new energy economy and fighting global warming pollution are winning issues.

Though Democrats lost two House seats held by Rep. Betsy Markey and Rep. John Salazar, and narrowly lost control of the legislature’s lower house, by winning the top two statewide offices and keeping control of the state senate they demonstrated a resilience unusual in a dominant Republican year.

Bennet, appointed in 2009 to fill the Senate seat of Ken Salazar when he became Secretary of Interior, narrowly defeated Tea Party and Sarah Palin anointee Ken Buck, fighting off a huge tide of outside spending by successfully painting county prosecutor Ken Buck as far outside the Colorado mainstream.

A key moment came in late October when Buck appeared alongside the Senate’s climate change denier-in-chief, Sen. James Inhofe (R-Okla.) and endorsed the Oklahoman’s view that global warming is a “hoax“:

Sen. Inhofe was the first person to stand up and say this global warming is the greatest hoax that has been perpetrated. The evidence just keeps supporting his view, and more and more people’s view, of what’s going on.

In a state that has become a national leader in supporting clean energy as an economic and environmental imperative — the legislature this year upped Colorado’s renewable energy standard to 30 percent by 2020 and voted to convert 900 megawatts of dirty coal-fired electric capacity to cleaner fuels – that kind of anti-science rhetoric doesn’t wash. And Bennet pounced, with his spokesman calling Buck’s “extreme stance” a “threat to Colorado’s economy” and national security.

Bennet profited by a superior get out the vote effort on election day and other Buck missteps and extreme positions — he compared homosexuality to alcoholism and held firm to outlandish views on reproductive rights. But Buck’s support for dirty energy and hostility to clean energy finance incentives, on top of a threat to slash funding for the federal Department of Energy, played a significant role.

Bennet, said Environment Colorado program director Pam Kiely, “defied national trends thanks in part to his support of creating clean energy jobs and protecting the environment…He championed a key issue for Colorado voters, building the new energy economy.”

Hickenlooper, a strong supporter of Denver’s climate action plan to cut greenhouse gas emissions by ten percent by 2012, defeated reactionaries Tom Tancredo and Dan Maes. Hickenlooper will continue the progress on clean energy made by Gov. Bill Ritter, predicted Pete Maysmith, executive director of Colorado Conservation Voters:

Having a “green” chief executive in the governor’s seat for at least another four years means Colorado has the opportunity to continue to be a national leader in the new energy economy.

Further down the Colorado ballot, a narrow victory by one of the legislature’s biggest supporters of clean energy kept the state Senate in Democratic hands. State Sen. Gail Schwartz was a strong advocate for raising the state’s renewable energy standard and retiring dirty coal plants, and she prevailed even though her district went Republican in the race lost by John Salazar.

Schwartz and other clean energy candidates, both state and federal, benefited from what Maysmith described as a “massive” effort by Colorado Conservation Voters, the national League of Conservation Voters, and Environment Colorado. Those groups spent hundreds of thousands of dollars and knocked on tens of thousands of doors, an effort that replicated – on a smaller scale – the successful effort in California to defeat Prop. 23 that would have suspended the state’s greenhouse gas limits law.

Yglesias

Self-Defeating Blue Dogs?

Joe Klein says Blue Dogs shot themselves in the foot:

Normally, I don’t have much patience for the whining on the left about the Blue Dog democrats — who were sliced in half on Tuesday, losing at least 28 of their 54 seats. When they lose, the Democrats lose control of the Congress. This year, however, I do feel that there is an argument that, to an extent, the Dogs brought this on themselves by being penny-wise, dogpound-foolish. The argument goes like this: a larger stimulus package might have helped the economy recover at a faster clip, but the Dogs opposed it on fiscal responsibility grounds. A second argument: the public really has had it with Wall Street, but the Dogs helped water down the financial regulatory bill, gutting the too-big-to-fail provisions. There is real merit to both points. If the stimulus had been bigger and the financial reform package clearer and stronger, the public would have had a different — and, I believe, more positive — sense of the President’s agenda.

Kevin Drum wants to add mortgage cramdowns to the list. I would say that a variety of aspects of the health reform process—mostly notably just the slow pace of it—also fit the bill.

But to be fair to the Blue Dogs, there’s a big collective action problem. Voting “no” on high-profile legislation does help vulnerable members. Similarly, the Chamber of Commerce seems to have been effective at picking off vulnerable Democrats it disliked while protecting those it smiled upon. So in many ways the ideal scenario for a Democrat in a red-leaning district would be for other members to have passed a giant stimulus. Then you could say you voted against this $2 trillion boondoggle while still benefitting from its impact. Actually “yes” seems like a bad move no matter what the size of the stimulus.

LGBT

Administration Doesn’t List DADT Repeal As A ‘Priority’ In Lame Duck Congress

For the second day in a row, President Obama and administration officials failed to commit to repealing Don’t Ask, Don’t Tell in the lame duck session of the Senate, which many advocates believe is the best chance for lifting the ban this year. Before the election, Obama had told AmericaBlog’s Joe Sudbay and other progressive bloggers that he had a strategy and would be personally involved in ending the ban once the Senate reconvenes later this month. During his press conference yesterday, Obama only said that the Senate would “potentially” take up the measure.

This morning, Obama didn’t mention the policy at all. Speaking to reporters following his cabinet meeting, the President announced that he would invite Congressional leaders to the White House discuss “what we need to get done during the lame duck session” and only identified extending the Bush tax cuts for middle class Americans “a whole range of other economic issues,” and foreign policy concerns like ratifying the START treaty, as priorities. This afternoon, White House Press Secretary Robert Gibbs had another opportunity to address the pressure the Senate to take-up the DADT policy, but he too refused:

QUESTION: You mentioned this morning, and the President mentioned this morning that taxes will be one of the major priorities during the lame-duck session. What other priorities would you list in the next couple of months?

GIBBS: The president listed this, and I think this is very important that is, ratifying the new reductions in our nuclear arsenal with Russia by approving the START treaty. [...]

I think there are some other pieces of legislation that are close that we didn’t finish at the end, things like child nutrition, which is obviously a huge priority for the First Lady and there’s no doubt we want to get our budget director confirmed. Our fiscal situation is something that this administration, the fiscal commission, and Congress will spend a lot of time on. It makes sense to have a budget director in order to do that.

Watch a compilation:

LGBT advocates are still calling on Reid to bring the National Defense Authorization Act — in which the DADT repeal amendment is housed — to the floor as soon as the Senate reconvenes later this month.

Yesterday, Rep. Howard “Buck” McKeon (R-CA), the incoming Chairman of the House Armed Services Committee said Republicans would not include “social agenda items” in future defense authorization measures. This is despite the fact that the 1993 ban was originally attached to just such a defense authorization bill.

Update

Metro Weekly’s Chris Geidner catches up with Servicemembers Legal Defense Network spokesman Trevor Thomas who tells him that “The Chairman of the Senate Armed Services Committee, Carl Levin [(D-Mich.)], is actively pushing to get the NDAA (National Defense Authorization Act) taken up.

“In fact, Chairman Levin is working on that right now with the Senate Majority Leader [Harry Reid (D-Nev.)] and reaching out to key Republican senators for a bi-partisan approach in the lame duck,” he wrote. “We have seen a significant amount of data that speaks to voter dissatisfaction with incumbents regarding the economy and government spending.”

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