Archive (2007)

Hatch Act and Grants

Over at Rochesterturning, poster Exile asks whether the recent McClatchy investigation into the politicization of the grant-making process has any relevance to the 29th. The McClatchy reporters showed that grant announcements from agencies, and public appearances with cabinet secretaries, were correlated with "GOP Interests". The report concentrates on the Commerce and Treasury departments.

Under the Hatch Act, agencies aren't allowed to provide grants in order to help candidates. But meeting with Members of Congress, and attending political briefings, are allowed. It's going to be hard to prove causation, but there's definitely some correlation between grant announcements and GOP political needs in the 29th. Exile points to this Kuhl press release, where a $2.6 Energy Department grant was announced two weeks before the election, accompanied by fulsome praise of Kuhl from the Energy Secretary. Earlier in 2006, Kuhl also received great credit from the Commerce Secretary for an Infotonics grant.

Since these grants were vetted by career civil servants who are protected by whistleblower legislation, I doubt that any of them were purely politically motivated. But there is persuasive evidence that the current White House went far beyond previous administrations in raising political awareness of cabinet agencies, and Randy Kuhl sure got a lot of attaboys from cabinet secretaries in 2006.

Update: Today's Washington Post has a front-page story on the same topic.

S-CHIP Spin: Medicare

Randy Kuhl's press release on HR 3162, the State Children's Health Insurance Program (S-CHIP), is headlined "Kuhl Votes Against Measure That Cuts Senior's Medicare Benefits". Since this bill is likely to become a campaign issue, it's worth seeing why that headline is a little right and a lot wrong.

S-CHIP reauthorization increases the number of children covered by the bill, so costs will rise. One way the bill pays for itself is cuts to the Medicare Advantage program, which is a subsidy paid to HMOs and other insurance programs.

Medicare Advantage began as a program to allow private insurance programs and HMOs to provide coverage to Medicare patients. When those programs were first allowed to be part of Medicare, they received 5% less than fee-for-service providers, since they were supposed to be more efficient. After 25 years of lobbying, the "more efficient" private sector providers are paid 12% more than regular providers, which amounts to an additional $1,000 per Medicare recipient.

The extra money paid to Medicare Advantage HMOs leads to three things: additional benefits for seniors in Medicare Advantage, higher profits for HMOs, and increased fraud:

Senate investigators released to Congress interviews and documents that indicate sales agents in at least 39 states have used unethical or illegal practices. Such practices have included the enrollment of dead or mentally incompetent Medicare beneficiaries, the impersonation of Medicare representatives and the use of personal information stolen from federal records...

Even if Medicare Advantage led to no fraud and no extra profits for HMOs, the fact remains that it unfairly rewards about 20% of Medicare recipients. Cutting the Medicare Advantage subsidy to fund S-CHIP makes good fiscal sense and it is fundamentally fair.

So, Randy Kuhl's press release is technically right about Medicare. A small minority of seniors will lose benefits because of this bill. S-CHIP also means one less gravy train for HMOs, and one less source of Medicare fraud.

Kuhl's press release makes two other claims, about higher taxes and immigration. I'll deal with them in a later posting.

More on the VA and Protesters

Yesterday's Messenger-Post followup story on the VA Hospital in Canandaigua did mention Randy Kuhl, taking a quote from his press release. The M-P cut off the first sentence -- here's the full quote from the release:

I am pleased that my effort to bring Sec. Nicholson to the Canandaigua VA campus played an important role in this process. I have fought to ensure that funding and resources were not taken away from our veterans. This is the best option to serve our veterans because it will provide new and updated, state of the art facilities, on the current footprint of the campus.

The Steuben Courier, a free newspaper in Bath, also covered Thursday's Bath press conference or protest by Americans Against Escalation in Iraq.

A Protest That Worked

I've been hard on the protesters lately, so I want to be sure that I acknowledge that the latest protest by Americans Against Escalation in Iraq was about as well-run as any protest I've seen in the last year.

AAEI's protest was more of a press conference, but it managed to avoid a number of the pitfalls of the last event in Bath. First, the organizers emphasized that all the participants were from the 29th district. Second, their press conference/protest occurred after AAEI tried to get a meeting with Kuhl through proper channels. It was only after Kuhl wrote back to AAEI saying that he was unable to meet with them that they decided to hold the press conference.

The effectiveness of the latest protest was also clear from the weakness of the response from Kuhl's office. The best Kuhl's spokesman could manage was that the protesters should call the office for a meeting -- in other words, they should do what they've already done.

The inability of Kuhl's spokesperson to respond with anything but a non sequitur shows that AAEI gave Kuhl's office no room to quibble. This protest gave AAEI a media window that was almost entirely sympathetic, and they did so without anyone getting arrested. AAEI showed that you don't have to re-live the 1960's to get your point across.

Another Robo-Call

After a long day at the office there's nothing better than sitting down, mixing a stiff drink, and listening to the latest robo-call:

Hello. This is a healthcare alert from Working America. Recently Congressman Randy Kuhl voted to deny healthcare coverage for almost 12 million uninsured children, and he voted to preserve big subsidies for HMOs. It's time to call Congressman Kuhl at (607) 776-9142. tell him to give back his $4,000 Congressional pay raise and start voting for children and seniors.

The bill in question is H R 3162.

Morning News: Protesters and the VA

Reader Elmer sends the Corning Leader's coverage (here [pdf] and here [pdf]) of yesterday's Americans Against Escalation in Iraq news conference in Bath.

The Veterans Administration has announced major new plans for the facility in Canandaigua. A new 50-bed residential rehab facility and 120-bed nursing home will be constructed on the campus. The facility will also partner with the University of Rochester to create a Center of Excellence that focuses on suicide prevention. The possible closing or downsizing of this VA hospital was an issue in the last campaign. Randy Kuhl was not mentioned in either the Democrat and Chronicle or the Messenger-Post coverage.

Afternoon News Roundup

Americans Against Escalation in Iraq will hold a press conference at Randy Kuhl's Bath office this afternoon. The purpose of the conference is to request a meeting with Kuhl so Kuhl can explain his position on the war.

The Massa campaign is having a fundraiser next week in Rochester, with featured guest Democratic Congressional Campaign Committee (DCCC) chair Rep. Chris Van Hollen (MD-8). According to the Massa invitation for the campaign, the departure of David Nachbar from the race has allowed the DCCC to put the race in the 29th in "top tier status". This early support from the DCCC is significant, since there wasn't much DCCC activity in support of Massa during the last race.

Kuhl Defends His Vote

Randy Kuhl has an op-ed in today's Democrat and Chronicle that defends his vote against H R 3159. That bill required mandatory rest periods between troop deployment. Kuhl's op-ed is worth close study because it perpetuates the kind of thinking that has us mired in Iraq.

Kuhl's first reason for his vote is:

This legislation would allow Congress to undercut our troop strength and commanders' decision-making capacity. I did not vote for this bill because Congress should not micromanage our troops on the ground. This is a job for our commanders.

This is a dodge. It has always been Congress' job to fund the army, not the executive, and not commanders on the ground. As part of its funding responsibility, Congress determines the size of the armed forces and has full oversight over their recruiting and retention activities. That's a legitimate role, not micromanagement. It's time for Congress to get back to that role instead of abrogating it to the executive branch.

Kuhl's second paragraph makes two interesting claims:

  • Specifically, this bill would hinder our military by reducing the number of troops in Iraq, thus putting troops on the ground in harm's way.

    The under-resourcing of Iraq has been happening since the beginning. We've had far too few troops to accomplish the mission of occupying and pacifying the country. Why has Kuhl been silent about that all these years? Why only now does he begin worrying about the size of our Iraq force?

  • It also would extend the period of time troops can remain on the ground in Iraq, which may further strain and diminish their morale.

    This bill only mandates the length of rest periods between deployments. If the armed forces are working sensibly, deployments would shorten, not lengthen, because the armed forces would want to be able to rotate troops back in theater pretty quickly.

Though the piece is short, it manages to impugn the patriotism of the Democrats twice. Democrats are "not concerned about the needs of our military forces." And they are willing to "put party politics ahead of our soldier's safety." Ever since 9/11, anyone who has questioned the conduct of the war has been met with these types of attacks. They're over-the-top and wrong. There isn't a single Member of Congress who isn't deeply concerned with the needs of the military forces or soldiers' safety. This kind of rhetoric is poisonous to the real debate that needs to happen, and happen quickly.

The consensus of military observers is our current deployment schedule is wearing out the armed forces. We need to come up with an alternative to ensure the security of our country. Limiting deployments is a blunt instrument, but if it's not the way to save our armed forces, opponents need to come up with another strategy. Calling names isn't going to increase recruitment and retention, and it isn't going to save the Army and Marines.

Massa Press Conference

This morning's Massa press conference featured more information on Massa's plan for "direct opportunity education", as well as a few more comments about a lawyer, a gun and some money.

Let's begin with the lawyer and the gun. Massa noted that he returned from the Yearly Kos convention to a "changed dynamic" -- an election without a primary challenger -- which will allow him to focus on Randy Kuhl. He re-iterated his concern with the Kuhl concealed weapon story, and remarked that "a man's words are a window to his soul".

Turning to the money, Massa mentioned an op/ed in the Buffalo News that criticized the threatened Bush veto of the Children's Health and Medicare Act. He widened his critique to characterize Kuhl's votes against bills with Kuhl-sponsored earmarks in them as "votes against himself." "When a Member of Congress publicizes earmarks and then votes against them, and continues to do business as usual, that's not leadership - that's pandering."

Massa also mentioned Kuhl's charge that Massa is a "professional politician." Massa said, "that's almost laughable coming from Randy Kuhl, who has been in Albany and in Congress for 24 years."

Massa then turned to the main topic of his press conference, "how a Member of Congress can help build the economy in a local area." Massa said it's a combination of "what you don't do and what you do."

What you don't do, according to Massa, is:

You don't vote for increased, open door, burn down the barn, free trade agreements. Randy Kuhl cast the deciding vote on CAFTA. He said it would bring jobs to 29th Congressional District. I have not been able to identify a single job that's been brought to the district by CAFTA. I will not support continued outsourcing of American employment, both manufacturing and agricultural [...] I believe in fair trade, not free trade: free is free to everyone but us.

Massa's take on what should be done is, according to him, "straightforward, and, like many successful things, we have an operational model for that in the US military." Massa used the example of the Naval Academy. When he attended, he committed to five years of service, so the Navy was able to schedule him for the next five years. He said that the same kind of predictability in the workforce would help local corporations "track a highly educated workforce." The only requirement for local corporations would be to "partner with local educational institutions to provide scholarship opportunities."

Massa said that this was something Congress can do, and can be expanded to all levels of the economy and all educational levels, including BOCES. He used the Raleigh-Durham area as an example of another area of the country that had figured this out.

I asked Massa a couple of questions about his plan. He didn't have a dollar figure in mind, though he was talking with local Chambers of Commerce and others familiar with the employment situation to gather some basic data. He saw his role as first to articulate the opportunity. Since he mentioned Bausch & Lomb, I also asked if he was considering involving David Nachbar in the plan. He said he'd asked Nachbar to serve as his honorary Monroe County Campaign Chair and the door was open to his input.

The other person on the call, Carol, was from the labor federation, so Massa mentioned his recent appearance at the Dresser-Rand strike rally in Painted Post. Massa said the strike "didn't have to happen" if "management had negotiated in any degree of good faith".

Blogs in the Messenger-Post

The Messenger-Post has a story about area blogs and the Kuhl "packing" comment. Tom Tucker from Rochesterturning and I are quoted.

My first quote is this:

“It was some off-hand dumb comment ... and he’s not a dumb man and he doesn’t do dumb things ... but giving all this emphasis isn’t very healthy,” Rottenchester said. “It’s like gossip.”

Space limitations made Bryan condense a few thoughts into one quote. My larger point on "gossip" was that people are drawn to these controversies for the same reason we read gossip: we're endlessly fascinated when someone slips up in public. The unhealthy aspect is that concentrating on these controversies occupies the (limited) bandwidth people have for politics.

That's not a criticism of Bryan's reporting, by the way: it's always hard to condense down a long interview into a short news story, especially when dealing with someone as verbose as me. He was faced with the challenge of mining 25 minutes of conversation for a couple of quotes.

Massa Appearance on WETM

Eric Massa was a guest on Coleman & Company show last Sunday, which airs on cable channel 11 in Elmira, Corning and Watkins Glen. His campaign has posted the video to YouTube. Massa discusses the "packing" comment, Nachbar's withdrawal, and Kuhl's effectiveness after the break:

Kuhl Isn't Campaigning

Randy Kuhl's visit to the Hornell Evening Tribune focused on the campaign, or, rather, the non-campaign. Kuhl said he's not campaigning, but instead doing his job. Calling Massa a "professional politician", he said “People don't want me running a campaign, they want me working."

One of the downsides of being a Congressman is that it is essentially an eternal campaign, but Kuhl apparently thinks the "not campaigning" message works for him, so he continues to repeat it.