text:
Quiz Leaderboard: 1/28 - 2/27/2015 Sign in to track your quiz score! | Full Leaderboard
1. Michael Beitzel (22/23 answered correctly)
2. Matt Burst (22/23 answered correctly)
3. William Turcotte (22/23 answered correctly)
4. Ronald Beebe (22/23 answered correctly)
5. John Triebe (22/23 answered correctly)
6. Dave Heyne (22/23 answered correctly)
7. Volker Mellor (22/23 answered correctly)
8. Mark Allen (22/23 answered correctly)
9. Mark Gierke (22/23 answered correctly)
10. Juan I. Ordinas (22/23 answered correctly)
11. Roland Peemans (22/23 answered correctly)
12. Charles Scalf (22/23 answered correctly)
13. Stephen Lipsham (21/23 answered correctly)
14. Robert Gantt (21/23 answered correctly)
15. Farooq M (21/23 answered correctly)
16. Mark Anater (21/23 answered correctly)
17. willem van Gent (21/23 answered correctly)
18. Douglas Steitz (21/23 answered correctly)
19. Doug Driscoll, Sr. (21/23 answered correctly)
20. Bryon Beck (21/23 answered correctly)
Wednesday, December 14, 2011
High heat coating Inhibitive primer Intumescent coating Tank lining
Log in or register to PaintSquare save your results and track your cumulative quiz score!
Previous Quizzes from the Past Week
Tuesday, December 13, 2011 What is "sweat-in" time?
Monday, December 12, 2011 Who was recently elected Vice President of SSPC and therefore is in line to be President in 2013?
Friday, December 9, 2011 Which of the following coating types is an inorganic/organic hybrid?
Thursday, December 8, 2011 Why are chlorinated rubber and vinyl coatings no longer widely used in the U.S. as protective coatings?
Wednesday, December 7, 2011 A reduction in air abrasive blast nozzle pressure from 100 psi to 80 psi has what effect on the productivity of the blasting operation?
International Paint Engineered Coatings Learn about our solutions for: Structural Steel Piping & Equipment Storage Tanks Pressure Vessels Secondary Containment
Hyrdrocarbon Fire & Jet Fire Protection Pyroclad X1 is the latest breakthrough in epoxy based intumescent fireproofing technology
New resins from BASF will have metals loving water: Excellent corrosion resistance, low VOC, high gloss, thin films basf.us/industrialcoatings firstname.lastname@example.com 800-231-7868
Heat-FLex® Hi-Temp 1200 Improved CorrosionResistanceEnhanced Durability Faster Shop Throughput
Performance Amine 1,3-BAC A highly reactive cycloaliphatic diamine offering superior performance. Reasonable cost and curing efficacy makes it suitable for all types of epoxy resin applications.
Wasser Coatings Protect Wasser Coatings offer a complete range of Moisture Cure Urethane (NEPCOAT approved) systems in addition to Polyurea membranes and linings(NSF).www.wassercoatings.com
Polyflex® Polyurea Linings Polyflex ™ new Polyurea Geotextile Membrane System has been specifically engineered to protect the environment in containment applications.www.polyflexlinings.com
Surface Prep & Material Removal CS Unitec's Floor Planers remove coatings & corrosion from concrete & metal surfaces. Produce keyed profiles for waterproofing applications. firstname.lastname@example.com
PosiTector 200 for concrete Rugged, simple and affordable coating thickness gage for concrete measures protective coatings including polyurea.
The Technology Publishing Network
© Copyright 2000-2015, Technology Publishing / PaintSquare, All rights reserved 2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428; E-mail firstname.lastname@example.com


text:
Dumfries Days Inn
Dumfries Days Inn in Dumfries
Dumfries Days Inn
Hotel Guest Reviews of the Dumfries Days Inn
Our hotel ratings and reviews are from real hotel guests. Priceline.com ensures that its reviews are guests-only by proactively sending hotel surveys to customers after they've completed their hotel stays. In the post-stay surveys, priceline.com hotel customers are asked a number of questions about their stay and the hotel. On a scale of 1-10 with 10 being the best, the survey asks guests to rate their overall experience and specifically rate the hotel's cleanliness, staff and location. Priceline.com does not allow site visitors to post unsolicited hotel reviews.Sort by: All Travelers | Business Traveler(8) | Solo Traveler(15) | Traveling as Couple(15) | Family with Young Children(6) | Family with Teens(2) | Senior Traveler(1) | Group Traveler(3)
Adora from Alexandria, VA
February 17, 2015
February 17, 2015
Not enough places to eat nearby (walking distance).
Verified Hotel Guest from Alexandria, VA
February 8, 2015
February 8, 2015
Front desk clerk was helpful and friendly
Nosey neighbors and car alarms
Kenneth from Mount Vernon, NY
November 18, 2014
Solo Traveler
November 18, 2014
Solo Traveler
The location was great
There were stains on the side of tub and they don't use fitted sheets which is unsanitary especially if you're a wild sleeper, you could end up on a stained mattress .
James from Rochester, NY
October 16, 2014
Solo Traveler
October 16, 2014
Solo Traveler
I like the price
Mattress but that's just me.
I would book it again.
Donald from Havelock, NC
September 28, 2014
September 28, 2014
This guest did not leave comments about this hotel.
Verified Hotel Guest from Tallahassee, FL
September 27, 2014
Senior Travelers
September 27, 2014
Senior Travelers
Very friendly manager. Clean room.
Room was a little smaller than I had anticipated. Quality was still good for price paid. Our room was beside the exit door and that was a little loud.
We were told there would at least be boiled eggs with the otherwise carb loaded breakfast, but eggs never showed. Thank goodness for the yogurt at least. Coffee weak for our taste.
Mabruk from Dumfries, VA
September 13, 2014
Solo Traveler
September 13, 2014
Solo Traveler
The price
Small Lobby that I did not like.
not bad hotel for the price.
Denise from Woodbridge, VA
August 28, 2014
Business Traveler
August 28, 2014
Business Traveler
I did like the area of the hotel.
The parking spaces and the staff did not check the printer before knowing about my reservation.
This hotel will be better if you had two people working there in customer service and more parking spaces. The room was nice and cleaniness of the hotel in general.
Hakan from Batikent, Turkey
August 13, 2014
August 13, 2014
This guest did not leave comments about this hotel.
Jewell from Dumfries, VA
August 11, 2014
Family Traveling with Young Children
August 11, 2014
Family Traveling with Young Children
air conditioner very noisy, the space between the door and floor to wide.
Reviews of Dumfries Days Inn
(1 - 10 of 53 reviews)
(1 - 10 of 53 reviews)
from $57

subset: commoncrawl


text:
Darrel J. Grinstead, J.D.
Hogan & Hartson, LLP
The purpose of this paper is to describe and analyze the relevant statutes and other legal authority under which the U.S. Department of Health and Human Service (the department or HHS) was established and is currently organized. This paper has been commissioned by the Institute of Medicine (IOM) of the National Academies to assist an ad hoc committee assembled by the IOM to examine the current mission, governance, and organizational structure of the department. The committee is charged with making recommendations to Congress and HHS to ensure that the department is aligned to meet the public health and health care challenges that our nation faces.
The department was first established as a cabinet-level entity in 1953 as the Department of Health, Education, and Welfare (HEW). The name was changed to the Department of Health and Human Services in 1980 when the education functions were spun off to the Department of Education.1 From the beginning, the department was charged with administering two major statutes that had been on the books for years prior to that time: the Social Security Act and the Public Health Service Act. These two statutes still comprise the majority of the authorities administered by the department. However, there were many other statutes and programs that completed the mission of the department, and all of this statutory authority continued to grow and change in ways designed to meet the evolving health and human services needs of the nation. This multiplicity of governing laws, and the great variety in the extent to which they con-
Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter.
Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.
OCR for page 209
Statutory Framework for the
Organization and Management of the U.S.
Department of Health and Human Services
Darrel J. Grinstead, J.D.
Hogan & Hartson, LLP
The purpose of this paper is to describe and analyze the relevant
statutes and other legal authority under which the U.S. Department of
Health and Human Service (the department or HHS) was established and
is currently organized. This paper has been commissioned by the Insti-
tute of Medicine (IOM) of the National Academies to assist an ad hoc
committee assembled by the IOM to examine the current mission, gov-
ernance, and organizational structure of the department. The committee
is charged with making recommendations to Congress and HHS to en-
sure that the department is aligned to meet the public health and health
care challenges that our nation faces.
The department was first established as a cabinet-level entity in 1953
as the Department of Health, Education, and Welfare (HEW). The name
was changed to the Department of Health and Human Services in 1980
when the education functions were spun off to the Department of Educa-
tion. 1 From the beginning, the department was charged with administer-
ing two major statutes that had been on the books for years prior to that
time: the Social Security Act and the Public Health Service Act. These
two statutes still comprise the majority of the authorities administered by
the department. However, there were many other statutes and programs
that completed the mission of the department, and all of this statutory
authority continued to grow and change in ways designed to meet the
evolving health and human services needs of the nation. This multiplicity
of governing laws, and the great variety in the extent to which they con-
P.L. 96-88, October 17, 1979.
OCR for page 209
strain management's organizational decisions, make it difficult to articu-
late general principles or rules that will fully describe the statutory land-
scape of the department's structure and the discretion left to the secretary
to reorganize the department.
For that reason, this paper provides (1) an overview of the general
and specific organizational authority of the secretary; (2) a discussion of
how that authority has been exercised historically; (3) an analysis, based
on the current organization of the department, of the specific statutory
provisions that may currently constrain that authority and how those con-
straints vary substantially among the different parts of the department;
and (4) suggestions of means by which statutory limits on the secretary's
authority to organize the department can be addressed. A more detailed
listing of statutory directions and constraints affecting the secretary's
organizational authority over the components of the department is con-
tained in the appendix to this paper.
Reorganization Plan No. 1 of 1953
As noted above, the department was created, and the cabinet-level
position of the secretary of health, education, and welfare was estab-
lished, when President Eisenhower submitted Reorganization Plan No. 1
of 1953, which was approved by the Congress on April 1, 1953. 2 The
Reorganization Plan essentially elevated the Federal Security Agency
(which then contained the Social Security Administration, the Public
Health Service, the Office of Education, and several smaller agencies) to
cabinet status. The combined agencies were taken whole into the new
department, along with the head of those agencies, such as the commis-
sioner of Social Security and the surgeon general, who thereafter re-
ported to the HEW secretary rather than the President.
Reorganization Plan No. 1 of 1953 was issued under the authority of the Reorganiza-
tion Act of 1949, which gave the President broad authority to reorganize the executive
branch. To eliminate any doubt over the constitutionality of such broad authority, Con-
gress ratified the Reorganization Plan by passing a statue giving it an effective date. 42
U.S.C.A. § 3501. The broad authority in the Reorganization Act of 1949 has since ex-
OCR for page 209
Although the original organization of the department reflected the
preexisting organization of its constituent agencies, from the very begin-
ning the secretary had broad authority to reorganize the various functions
and components of the department. Section 6 of Reorganization Plan No.
1 provides:
The Secretary may from time to time make such provi-
sions as the Secretary deems appropriate authorizing the
performance of any of the functions of the Secretary by
any other officer, or by any agency or employee, of the
Under this authority, which is still in place, as well as under a
broadly applicable statute that gives similar authority to the heads of all
executive departments, 3 the secretary has authority to assign the per-
formance of functions vested in him by law to subordinate officers or
organizations within the department as long as such assignments are not
inconsistent with law. With this important qualification, which is exam-
ined later, the secretary has broad authority to reorganize the department
through the redistribution of functions for which he is responsible. 4
Reorganization Plan No. 3 of 1966
Almost all of the statutory provisions that establish the programs and
the mission of the department place the authority to administer those
functions in the secretary. Thus, the statutes creating the Social Security
Act programs administered by the department, such as Medicare and
Medicaid, as well as the Public Health Service Act programs, place the
authority to carry out the thousands of program functions, including the
making of grants, the payment of program benefits, and the issuance of
regulations, in the position of the secretary. This was not always the case.
When Reorganization Plan No. 1 was issued, most of the Public Health
Service Act (PHSA) authorities were placed in the surgeon general. This
remained so until 1966 when Reorganization Plan No. 3 was issued. That
5 U.S.C. § 301 reads as follows: The head of an executive department or military de-
partment may prescribe regulations for the government of his department, the conduct of
its employees, the distribution and performance of its business, and the custody, use, and
preservation of its records, papers, and property.
1980 WL 16137 (Comp. Gen.), B-199491.
OCR for page 209
plan, which was also approved by the Congress, transferred all the func-
tions and authority of the surgeon general to the secretary of health, edu-
cation, and welfare. With the adoption of Reorganization Plan No. 3, a
major statutory impediment to the exercise of the secretary's reorganiza-
tion authority with respect to Public Health Service (PHS) programs was
removed. As seen later, however, in the 40-plus years since the adoption
of this plan, organizational requirements imposed by statute have in-
creasingly reemerged.
At the time of Reorganization Plan No. 3, the PHS was composed of
four agencies: the National Institutes of Health, the Bureau of Medical
Services, the Bureau of State Services, and the Office of the Surgeon
General. All the authorities of PHS had to be administered through one
of these offices. In submitting the Reorganization Plan, the President
stated that this organizational structure was outmoded in light of the
many new health problems and issues that had arisen and the many new
programs that had been adopted in the 20 years since that organizational
structure was created. He pointed out that the secretary also administered
other programs not within PHS, such as Medicare, Medicaid, and the
regulation of food and drugs through the Food and Drug Administration
(FDA), that required the secretary to have the ability to coordinate health
activities across program lines. He therefore proposed, and Congress ap-
proved, that the secretary should have broad authority to reorganize these
programs according to modern principles of organizational design so that
all of these programs could be administered in an integrated and efficient
manner. 5
Since that time, most of the statutory authorities administered by the
department have been placed in the secretary, and the theory of Reor-
ganization Plan No. 3 was for the secretary to have broad discretion to
organize those functions into subunits of the department; to delegate the
performance of those functions to the various officers who are in charge
of those subunits; and to reorganize those functions, subunits, and offi-
cers largely as he sees fit. However, limits on that authority have been
enacted by Congress in numerous statutory provisions creating specific
offices and officials in the department and in some cases specifying the
reporting relationship between those officials and the secretary. These
statutory provisions impose the most significant legal constraints on the
secretary's ability to reorganize the department, and as we see later, most
of these statutory directions as to how functions of the department should
42 U.S.C.A. § 202, note.
OCR for page 209
be organized apply to the programs authorized by the Public Health Ser-
vice Act.
Over the past 65 years of the department's existence, secretaries have
used their authority to reorganize the department in many ways. Initially,
the department was organized somewhat along the lines of the combined
components. Public Health Service components were originally organ-
ized under the surgeon general, who reported to the secretary. The Old-
Age, Survivors, and Disability Insurance (OASDI) programs remained
with the commissioner of Social Security, but various other programs
authorized by the Social Security Act, mainly those providing assistance
to state-operated welfare programs, were delegated to a new entity cre-
ated by the secretary, the commissioner of Social and Rehabilitation Ser-
vices (SRS). To this new entity, through secretarial delegation, also went
such programs as the Older Americans Act and the Rehabilitation Act.
When Medicare and Medicaid were enacted in 1965, the secretary dele-
gated Medicare to the commissioner of Social Security, presumably be-
cause it was a direct assistance program with eligibility established under
Title II of the Social Security Act, like the OASDI program. Medicaid,
on the other hand, being a state grant program, was delegated to the
commissioner of SRS. These organizational decisions were made by the
secretary administratively, under his reorganization authority discussed
above, because the Social Security Act and the other authorities affected
were vested by statute in the secretary and contained no provisions in-
structing the secretary how to organize them.
In the ensuing years, the secretary used the reorganization authority
discussed above to move programs around and to abolish and create of-
fices and agencies as necessary to reflect mission and program changes,
and to implement different theories of organization and management.
Thus, in 1977, when a different secretary decided it made more sense to
have the two major health care assistance programs, Medicare and Medi-
caid, administered under a single administrative unit, the secretary used
his authority to move both programs into a new component that he cre-
ated, the Health Care Financing Administration (HCFA), under a newly
created administrator. Similarly, he abolished the SRS and its commis-
sioner and assigned all of its programs to a new assistant secretary for
OCR for page 209
human development services. After the enactment of Reorganization
Plan No. 3 in 1966, which removed the Public Health Services programs
from the authority of the surgeon general and vested them in the secre-
tary, the secretary redelegated those programs to the operational control
of the assistant secretary for health. Those programs remained with the
assistant secretary for health until 1995 when a different secretary choose
to have each of the major public health programs (National Institutes of
Health, Centers for Disease Control and Prevention, Substance Abuse
and Mental Health Services Administration, Indian Health Service,
Agency for Healthcare Research and Quality, etc.) report directly to the
The secretary has similar broad authority to reorganize and assign
functions to his senior staff (i.e., those officials at the assistant secretary
level). Reorganization Plan No. 1 initially assigned an undersecretary
(executive level 3) 6 and two assistant secretaries to the department. Ad-
ditional assistant secretaries and a general counsel were subsequently
added, but the functions and responsibilities of the assistant secretaries
(with the exception of the assistant secretary for aging, the assistant sec-
retary for families and children, and the assistant secretary for admini-
stration and management) are not specified in the statute. Thus, the
secretary was and remains free to change the title, role, and responsibili-
ties of most of the assistant secretaries. Of the secretary's senior staff,
only the general counsel's title and functions are specified in law. 7 The
remaining senior staff positions (chief of staff, executive secretary, direc-
tor of intergovernmental affairs, director of the Office for Civil Rights,
etc.) are all positions created under the secretary's general organizational
authority and those positions may be abolished or changed at the secre-
tary's discretion.
The purpose of the foregoing discussion has been to demonstrate the
extent of the secretary's reorganization authority over a large portion of
the department's programs. Virtually all of the programs vested in the
secretary under the Social Security Act, and the remaining programs cur-
rently administered through the Administration for Families and Chil-
dren, are not subject to statutory constraints as to their organizational
placement within the department. Nor is the secretary limited in his au-
thority to organize and assign functions to his senior staff. For reasons
beyond the scope of analysis in this paper, however, the programs au-
The position of undersecretary was elevated to deputy secretary (executive level 2) in
OCR for page 209
thorized under the Public Health Service Act and related statutes are sub-
ject to considerably more direction from Congress with regard to how
they should be organized and to which official they are to be assigned.
The extent of those statutory constraints is discussed in the following
Statutory Provisions Affecting the Authority
to Reorganize the Department
As indicated in the preceding discussion, there is great variety among
the statutes authorizing the department's programs in the extent to which
they impose organizational limitations. There is also considerable variety
in the types of statutory organizational directives that Congress has
placed on those programs. Some discussion of the means by which Con-
gress has adopted organizational instructions for the various programs
may be useful.
There are numerous examples in which Congress has directed that a
specifically named program office be established to administer a specific
program or group of programs. For example, section 306 of the PHSA
provides: "There is established in the Department of Health and Human
Services the National Center for Health Statistics. . . ." The act says noth-
ing more about where the center is to be placed organizationally, thus
giving the secretary discretion as to where it is to be located and through
what official it is to report to the secretary.
Where the statute creates an office to administer only a single pro-
gram, this type of provision creates little or no organizational constraint
on the secretary because he can place that office where he wants. This
paper does not focus on such provisions. However, where Congress has
created a major organizational entity that is charged with the administra-
tion of a entire subset of the department's programs (e.g., the establish-
ment of the Substance Abuse and Mental Health Services Administration
[SAMHSA] by section 501 of the PHSA), compliance with that statute
may substantially restrict the secretary's options for organizing his pro-
grams. Those are the types of provisions examined in this paper.
Some statutes, particularly the PHSA, specify that the secretary is to
perform a particular program function "acting through" a particular pro-
gram official or "through" a named program office (which may or may
not have been created by statute). For example, numerous provisions in
the PHSA provide, "The Secretary, acting through the Director of the
OCR for page 209
Centers for Disease Control and Prevention [or some other PHSA
agency], shall carry out a program to [make grants or conduct research in
a particular area of concern]." This type of provision is also a major im-
pediment to any attempt by the secretary to reassign functions as he or
she deems appropriate; accordingly, we examine the effects of such pro-
The remainder of this section attempts to analyze the significant
statutory provisions that impinge on the secretary's authority to reorgan-
ize the major programs of the department. (We do not look at the hun-
dreds of advisory committees and boards created by statute, because
those provisions do not affect basic organizational decisions, and in any
event the secretary is able to manage and control those entities through
the Federal Advisory Committee Act.) For convenience, this analysis has
been organized according to the existing operating components of the
department. Organizing the paper in this way is not meant to suggest that
any such component must be preserved in any reorganization because, as
we have seen, some of those components do not have statutory status.
To make this task manageable and the paper useful, we do not list
every such statutory provision. Where a type of statutory provision ap-
plies to several programs within an operating component, those provi-
sions are discussed generically. However, for the convenience of the
committee, we have attached an appendix listing statutory provisions that
we believe have to be considered in the context of any reorganization
study of the department. 8
Administration for Children and Families
The Administration for Children and Families (ACF) was created
administratively in 1991 as the successor to the Office of Human Devel-
opment Services. The programs it administers are established under title
IV of the Social Security Act (including Temporary Assistance for
Needy Families, Child Welfare Services, Adoption Assistance, and Child
Support Enforcement) and under a variety of other statutes providing for
assistance to disadvantaged and vulnerable populations (refugees, disad-
vantaged children, Native Americans, and individuals with disabilities).
While we have attempted to be thorough in identifying the relevant statutory provi-
sions, given the time allotted and the size of the task, we cannot guarantee that our listing
is exhaustive. Further research may be warranted in light of particular options that are
developed by the committee.
OCR for page 209
ACF is headed by an assistant secretary appointed by the President and
confirmed by the Senate. That position was created by section 416 of the
Social Security Act as the "Assistant Secretary for Family Support." The
only duty of that office specified by law is administration of the Tempo-
rary Assistance for Needy Families block grant program and the Child
Support and Establishment of Paternity program; however, nothing pre-
vented the secretary from assigning the assistant secretary additional du-
ties, so the title of that position was changed administratively to the
"Assistant Secretary for Children and Families." We could find no other
statutory provisions limiting the secretary's authority to reorganize or
reassign any of these programs or officials to other parts of the depart-
Administration on Aging
Of the non-PHS agencies in the department, the Administration on
Aging (AoA) is subject to the most limiting statutory provisions dictating
its organizational placement and structure. Section 201 of the Older
Americans Act 9 establishes the Administration on Aging and creates the
position of assistant secretary for aging, appointed by the President with
the advice and consent of the Senate. The statute requires that there be a
direct reporting relationship between the assistant secretary and the sec-
retary, and in performing his functions under the statute the assistant sec-
retary must be directly responsible to the secretary. None of the functions
of AoA (including those carried out in the regional offices) may be dele-
gated to an official who is not directly responsible to the secretary.
The statute also specifies the creation of certain offices within AoA,
including an Office for American Indians, Alaskan Natives, and Hawai-
ian Programs; an Office of Long-Term Ombudsman Program; and an
office responsible for elder abuse and prevention services.
Centers for Medicare and Medicaid Services (CMS)
As discussed earlier, programs authorized under the Social Security
Act (SSA), such as Medicare and Medicaid, are subject to almost no
statutory directions or limitations with respect to how or where they are
OCR for page 209
organized. The secretary has discretion to assign the administration of
those programs to whatever entity within the department he may choose
or create and to designate the official he chooses to be in charge of those
programs. Likewise, there are no statutory directions or limitations on the
internal organization of whatever unit he specifies to administer those
programs. As we have seen, no statutory provision directs that Medicare
and Medicaid, or any of the components thereof, be administered by the
same organizational unit within the department.
The only statutory provisions we have found that appear to affect the
organization of CMS are in section 1117 of the SSA. Subsection (a)
thereof requires that the administrator of the Health Care Financing Ad-
ministration (HCFA) shall be appointed by the President with the advice
and consent of the Senate. Subsection (b) establishes within the admini-
stration the position of chief actuary, requires that he be in direct line
authority to the administrator, and specifies that he may be removed only
for cause. Interestingly, section 1117 does not create the position of ad-
ministrator; it merely requires that it be an advice and consent position.
That provision did not prevent the secretary from renaming HCFA as the
Centers for Medicare and Medicaid Services in 2001, nor would it seem
to prevent the secretary from eliminating that position and/or reorganiz-
ing the functions thereof.
Agency for Healthcare Research and Quality
Section 901 of the PHSA establishes within PHS the Agency for
Healthcare Research and Quality (AHRQ) and specifies that it be headed
by a director appointed by the secretary. The statute requires that the
functions of the agency specified in title IX of the PHSA shall be carried
out through the director.
Title IX contains no other organizational directions or limitations on
AHRQ. However, other parts of the PHSA contain a number of provi-
sions directing the secretary to carry out certain functions through AHRQ
(e.g., the conduct of studies to support organ donation and organ recov-
ery, preservation, and transportation [sec. 377C]; the conduct of a re-
search, evaluation, and assessment program on the impact and cost-
effectiveness of HIV treatments [sec. 2673]). (The appendix to this paper
contains a list of the provisions.) There are other provisions requiring or
encouraging consultation with AHRQ by the secretary and other officials
OCR for page 209
with respect to certain of their functions, but these do not seem to im-
pinge on organizational decisions.
Centers for Disease Control and Prevention
The Centers for Disease Control and Prevention (CDC) began life as
the Communicable Disease Center in 1946. It was transferred to the new
Department of Health, Education, and Welfare along with other parts of
the Public Health Service in 1953 under Reorganization Plan No. 1. Its
name was changed to the Center for Disease Control in 1970 (apparently
without statutory direction or ratification) and changed again administra-
tively to the Centers for Disease Control and Prevention in 1980 to re-
flect a new organization of the agency. So far as we can ascertain, all this
was done without explicit statutory authority, because we can find no
statute creating or naming the agency, although by this date there were
many references in the Public Health Service Act and other statutes to
the Center for Disease Control. However, in 1992, P.L. 102-531
amended all statutory references to the Center for Disease Control to the
Centers for Disease Control and Prevention.
Since there is no statute establishing CDC or its director, or directing
how or through whom it reports to the secretary, the secretary has con-
siderable discretion as to how it is organized, where it should be placed
within the department, and what its relationship should be to other com-
ponents that have related missions. However, the statute is very specific
with respect to the programs that are to be administered through CDC.
Although there are few directions in law as to the internal organization of
CDC, 10 the Public Health Service Act is replete with provisions directing
that various programs or activities of the PHS shall be carried out
"through" the CDC. While not dictating a particular organizational struc-
ture or reporting relationship, these dozens of statutory provisions will
have to be taken into account in any restructuring of PHS programs. The
functions and activities that the statute requires to be performed through
CDC are listed in the appendix.
Section 317C of the PHSA establishes within CDC a center to be known as the Na-
tional Center for Birth Defects and Developmental Disabilities. We are not aware of other
organization entities that are made part of CDC by statute. The National Institute of Oc-
cupational Safety and Health was established within HHS in 1970 (29 U.S.C.A. § 671),
but its organizational placement within CDC was an administrative decision.
OCR for page 209
in the U.S. House of Representatives. He received a B.A. from Colgate
University and his J.D. from Albany Law School.
Kathleen Buto, M.P.A., is vice president for health policy, government
affairs, at Johnson & Johnson (J&J). She has responsibility for providing
policy analysis and developing positions on a wide range of issues, in-
cluding the Medicare drug benefit, government reimbursement, coverage
of new technologies, and regulatory requirements. In addition to review-
ing how federal, state, and international government policies affect J&J
products and customers, she is responsible for helping to identify areas of
opportunity for J&J to take leadership in shaping health care policy. Prior
to joining J&J, Kathy was a senior health adviser at the Congressional
Budget Office, helping to develop the cost models for the Medicare drug
benefit. Before that, she spent more than 18 years in senior positions at
the Health Care Financing Administration, including deputy director,
Center for Health Plans and Providers, and associate administrator for
policy. In these positions, she headed the policy, reimbursement, and
coverage functions for the agency, as well as managing Medicare's fee-
for-service and managed care operations. Ms. Buto received her bachelor
of arts from Douglass College and her master's in public administration
from Harvard University.
Molly Joel Coye, M.D., is founder and CEO of the Health Technology
Center (HealthTech), a nonprofit education and research organization
established in 2000 to advance the use of beneficial technologies in pro-
moting healthier people and communities. Dr. Coye is vice chair of the
Board of Directors of the Program for Appropriate Technology in
Health, one of the largest and most innovative nonprofit organizations
working in international health; a member of the Board of Directors of
Aetna, Inc.; and a member of the Advisory Council for the Health Evolu-
tion Partners Innovation Network and the Institute of Medicine. Dr. Coye
has served as commissioner of health for the State of New Jersey and
director of the California Department of Health Services; head of the Di-
vision of Public Health at the Johns Hopkins School of Hygiene and Pub-
lic Health; executive vice president for HealthDesk Corp. and the Good
Samaritan Health System in San Jose, California; and director of the
Lewin Group West Coast office. She has served on the Board of Trustees
of the American Hospital Association and the American Public Health
Association, the Board of Directors of the California Endowment, and
OCR for page 209
the China Medical Board, and as a member of the National Academy of
Public Administration.
Robert Graham, M.D., is professor of family medicine, and the Robert
and Myfanwy Smith Chair in the Department of Family Medicine at the
University of Cincinnati, School of Medicine, a position he has held
since March of 2005. Dr. Graham has previously been associated with
the discipline of family medicine as the executive vice president-CEO of
the American Academy of Family Physicians (1985–2000), the head of
the Academy's Foundation (1988–1997), and the administrative officer
of the Society of Teachers of Family Medicine (1973–1975). In addition
to his activities in family medicine, Dr. Graham has held a number of
leadership responsibilities in the federal health sector, including the posi-
tion of administrator of the Health Resources and Services Administra-
tion (HRSA) (1981–1985), during which time he held the rank of rear
admiral in the Commissioned Corps of the U.S. Public Health Service
and served as an assistant surgeon general. He also served in senior posi-
tions at the Agency for Healthcare Research and Quality (2001–2004),
HRSA (1976–1979), and the Health Services and Mental Health Admini-
stration (1970–1973). From 1979–1980, he served as a professional staff
member of the U.S. Senate Subcommittee on Health.
Mark B. McClellan, M.D., Ph.D., is the director of the Engelberg Cen-
ter for Health Care Reform at the Brookings Institution. McClellan is
also the Leonard D. Schaeffer Chair in Health Policy. Dr. McClellan has
a highly distinguished record in public service and in academic research.
He is the former administrator for the Centers for Medicare and Medi-
caid Services (2004–2006) and the former commissioner of the Food and
Drug Administration (2002–2004). He also served as a member of the
President's Council of Economic Advisers and senior director for health
care policy at the White House (2001–2002). In the Clinton administra-
tion, Dr. McClellan was deputy assistant secretary of the treasury for
economic policy from 1998–1999, supervising economic analysis and
policy development on a range of domestic policy issues. Dr. McClellan
was also an associate professor of economics and associate professor of
medicine (with tenure) at Stanford University, from which he was on
leave during his government service. He directed Stanford's Program on
Health Outcomes Research and was also associate editor of the Journal
of Health Economics, and coprincipal investigator of the Health and Re-
tirement Study, a longitudinal study of the health and economic status of
OCR for page 209
older Americans. A graduate of the University of Texas at Austin, Dr.
McClellan earned his M.P.A. from Harvard's Kennedy School of Gov-
ernment in 1991, his M.D. from the Harvard-Massachusetts Institute of
Technology (MIT) Division of Health Sciences and Technology in 1992,
and his Ph.D. in economics from MIT in 1993. He completed his resi-
dency training in internal medicine at Brigham and Women's Hospital,
Boston. Dr. McClellan has been board certified in internal medicine and
has been a practicing internist during his academic career.
Stanley B. Prusiner, M.D., is the director of the Institute for Neurode-
generative Diseases at the University of California, San Francisco
(UCSF). Dr. Prusiner discovered prions, a class of infectious self-
reproducing pathogens primarily or solely composed of protein. For his
prion research he received the Albert Lasker Award for Basic Medical
Research in 1994 and the Nobel Prize in physiology or medicine in 1997.
He received a bachelor of science degree in chemistry from the Univer-
sity of Pennsylvania and later received his M.D. from the University of
Pennsylvania School of Medicine. He then completed an internship in
medicine at UCSF. Later he moved to the National Institutes of Health
(NIH), where he studied glutaminases in Escherichia coli in the labora-
tory of Earl Stadtman. After three years at NIH, Dr. Prusiner returned to
UCSF to complete a residency in neurology. Upon completion of the
residency in 1974, he joined the faculty of the UCSF Neurology Depart-
ment. Since that time, he has held various faculty and visiting faculty
positions at both UCSF and UC Berkeley. Dr. Prusiner won the Nobel
Prize in physiology or medicine in 1997 for his discovery of prions—a
new biological principle of infection. He coined the term prion, which
comes from "proteinaceous infectious particle" to refer to a previously
undescribed form of infection due to protein misfolding. He was elected
to the National Academy of Sciences in 1992 and to its governing coun-
cil in 2007. He is also an elected member of the American Academy of
Arts and Sciences (1993), the Royal Society (1996), the American Phi-
losophical Society (1998), the Serbian Academy of Sciences and Arts
(2003), and the Institute of Medicine.
Donna E. Shalala, Ph.D., became professor of political science and
president of the University of Miami on June 1, 2001. President Shalala
has more than 25 years of experience as an accomplished scholar,
teacher, and administrator. Born in Cleveland, Ohio, President Shalala
received her A.B. in history from Western College for Women and her
OCR for page 209
Ph.D. from the Maxwell School of Citizenship and Public Affairs at
Syracuse University. A leading scholar on the political economy of state
and local governments, she has also held tenured professorships at Co-
lumbia University, the City University of New York (CUNY), and the
University of Wisconsin–Madison. She served as president of Hunter
College of CUNY from 1980 to 1987 and as chancellor of the University
of Wisconsin–Madison from 1987 to 1993. In 1993, President Clinton
appointed her secretary of the Department of Health and Human Services
(HHS), where she served for eight years, becoming the longest-serving
HHS secretary in U.S. history.
Stephen M. Shortell, Ph.D., M.P.H., is the Blue Cross of California
Distinguished Professor of Health Policy and Management and professor
of organization behavior at the University of California, Berkeley, and is
dean of the School of Public Health. Dr. Shortell is known as a leading
academic voice advocating reform of the nation's health system. His re-
search has helped establish determinants of health outcomes and quality
of care for health care organizations. As the Blue Cross of California
Distinguished Professor of Health Policy and Management, Shortell
holds a joint appointment at University of California (UC) Berkeley's
School of Public Health and the Haas School of Business. He also is af-
filiated with UC Berkeley's Department of Sociology and UC San Fran-
cisco's Institute for Health Policy Studies. Dr. Shortell has received the
Baxter-Allegiance Prize, considered the highest honor worldwide in the
field of health services research. He also has received the Distinguished
Investigator Award from the Association for Health Services Research
and the Gold Medal from the American College of Healthcare Execu-
tives for his contributions to the field. Dr. Shortell received his bache-
lor's degree from the University of Notre Dame, his master's degree in
public health from the University of California at Los Angeles, and his
Ph.D. in behavioral science from the University of Chicago. Before com-
ing to UC Berkeley in 1998, Dr. Shortell held teaching and research posi-
tions at Northwestern University, the University of Washington, and the
University of Chicago.
Susanne A. Stoiber, M.P.A., M.S., is currently consulting with the
Commonwealth Fund High Performance Health Care System project.
Previously, she has served in a series of senior positions in the National
Academies and the U.S. Department of Health and Human Services from
1975 through 2007. She was named executive director (chief operating
OCR for page 209
officer) of the Institute of Medicine in 1998. Her responsibilities in-
cluded management of IOM program operations and support of the Insti-
tute's governance and membership functions. In the Department of
Health and Human Services, Ms. Stoiber held a number of senior posi-
tions in the Office of the Secretary and at the National Institutes of
Health. She was three times appointed as a deputy assistant secretary for
health—planning and evaluation (1979 and 1995); health promotion and
disease prevention (1996); and deputy assistant secretary for planning
and evaluation, program systems (1997). Her accomplishments included
coordination of Healthy People 2010—the nation's prevention agenda,
and oversight of the department's evaluation program and Government
Performance and Results Act–related strategic planning. She received
her bachelor of arts and master of public administration degrees from the
University of Colorado, and a master of science degree from the London
School of Economics.
Louis W. Sullivan, M.D., is the founding dean and first president of the
Morehouse School of Medicine (MSM). With the exception of his tenure
as secretary of the U.S. Department of Health and Human Services from
1989 to 1993, he was president of MSM for more than two decades. On
July 1, 2002, he left the presidency, but continues to assist in national
fundraising activities on behalf of the school. A native of Atlanta, Geor-
gia, Dr. Sullivan graduated magna cum laude from Morehouse College in
1954 and earned his medical degree cum laude from Boston University
School of Medicine in 1958. He is certified in internal medicine and he-
matology. In 1975, Dr. Sullivan became the founding dean and director
of the medical education program at Morehouse College. In 1989, he
accepted an appointment by President George H. W. Bush to head HHS.
In this post, Sullivan managed the federal agency responsible for the ma-
jor health, welfare, food and drug safety, medical research, and income
security programs serving the American people. In January 1993, he re-
turned to MSM and resumed the office of president. A member of nu-
merous medical organizations, including the American Medical
Association and the National Medical Association, Dr. Sullivan was the
founding president of the Association of Minority Health Professions
Schools. He is a former member of the Joint Committee on Health Policy
of the Association of American Universities and the national Association
of Land Grant Colleges and Universities. He was a member of the Sulli-
van Commission on the Future of Higher Education (2007) and chairman
of the Sullivan Commission on Diversity in the Healthcare Workforce
OCR for page 209
(2003–2004). He is chairman of the Sullivan Alliance to Transform the
Health Professions and is chairman of the National Health Museum.
David N. Sundwall, M.D., is a primary care physician who has more
than two decades of experience in public policy and service. After 23
years of working in various government and private-sector health posi-
tions in Washington, DC, he has returned home to lead the Utah Depart-
ment of Health. He currently serves as president of the Association of
State and Territorial Health Officers. Dr. Sundwall earned his medical
degree at the University of Utah College of Medicine and completed fur-
ther training at the Harvard Family Medicine Residency Program. He
remains on the faculty of the University of Utah School of Medicine as
associate professor in the Department of Family and Preventive Medi-
cine. In a distinguished career of academic appointments, public service,
and policy development, Dr. Sundwall has been widely recognized for
his professional achievements and contributions to health care policy and
advocacy. He holds three medical school faculty appointments, including
clinical associate professor, Department of Community and Family
Medicine, Georgetown University College of Medicine, Washington,
DC. He has held numerous positions in the public health sector: From
1994 to 2004, he was president of the American Clinical Laboratory As-
sociation; from 1988 to 1994, he was vice president and medical director
of American Healthcare Systems, an alliance of not-for-profit multihos-
pital systems. Prior to that appointment, he was an administrator in the
Health Resources and Services Administration. Dr. Sundwall has served
as an adviser, task force member, and chairman of numerous committees
involved with public health policy and quality, including those connected
with the Centers for Disease Control and Prevention and the Food and
Drug Administration. In addition, his federal experience included serving
as the assistant surgeon general in the Commissioned Corps of the U.S.
Public Health Service. During this period, he had adjunct responsibilities
at the Department of Health and Human Services (HHS), including co-
chairman of the HHS secretary's Task Force on Medical Liability and
Malpractice, and was the HHS secretary's designee to the National
Commission to Prevent Infant Mortality.
Gail L. Warden, serves as president emeritus of the Detroit-based Henry
Ford Health System and served as its president and CEO from April
1988 to 2003. Prior to this role, Mr. Warden served as president and
CEO of Group Health Cooperative of Puget Sound as well as executive
OCR for page 209
vice president of the American Hospital Association. He serves as a di-
rector of Picker Institute Inc. He has been a director of National Research
Corp. since January 2005. He served as a director of Comerica Inc. from
July 2000 to December 31, 2006. Mr. Warden serves in numerous lead-
ership positions as chairman of several national health care committees
and as board member for many other health care–related committees and
institutions. In addition, he is a professor of health management and pol-
icy for the University of Michigan School of Public Health. He serves
the Detroit, Michigan, community through memberships on various local
governing committees and groups. Mr. Warden received an honorary
doctorate in public administration from Central Michigan University and
an honorary doctorate of humane letters from Rosalind Franklin Univer-
sity of Medicine and Science; a master of hospital administration from
the University of Michigan; and a bachelor of arts from Dartmouth Col-
Myrl Weinberg, M.A., is president of the National Health Council, the
only organization of its kind that brings together all segments of the
health care community to provide a united voice for 100 million people
with chronic diseases and disabilities and their family caregivers. Made
up of 120 national health-related organizations, its core membership in-
cludes 50 of the nation's leading patient advocacy groups. Ms. Weinberg
has served on the health sciences policy board of the Institute of Medi-
cine, the board of the AcademyHealth Coalition for Health Services Re-
search, as a founding member of the Association for the Accreditation of
Human Research Protection Programs, and is chair of the governing
board of the International Alliance of Patients' Organizations. She also
served on the congressionally mandated IOM committee created to as-
sess how research priorities are established at the National Institutes of
Health (NIH) and was a member of the National Research Council-
Institute of Medicine committee on the organizational structure of NIH.
Ms. Weinberg earned a bachelor's degree in psychology at the Univer-
sity of Arkansas and a master's degree in special education at George
Peabody College.
Catherine E. Woteki, Ph.D., is global director of scientific affairs for
Mars, Inc., a multinational food, confectionery, and pet care company.
She joined Mars, Inc., in August 2005 and, in this role, manages the
company's scientific and regulatory positions on matters of health, nutri-
tion, and food safety. Prior to joining Mars, Inc., Dr. Woteki held posi-
OCR for page 209
tions in academia and government. From 2002 to 2005, she was dean of
agriculture and professor of human nutrition at Iowa State University.
From 1997 to 2001, she served as the first undersecretary for food safety
at the U.S. Department of Agriculture (USDA), overseeing the Food
Safety and Inspection Service and the U.S. government's Office for the
Codex Alimentarius Commission, and coordinating U.S. government
food safety policy development and USDA's continuity of operations
planning. She also worked for two years in the White House Office of
Science and Technology Policy, where she coauthored the Clinton ad-
ministration's science policy statement "Science in the Public Interest,"
and served as the deputy undersecretary for research in USDA. Dr.
Woteki is a nutritional epidemiologist, and her research interests include
nutrition and food safety policy, risk assessment, and health survey de-
sign and analysis.
Staff Biographies
Judith A. Salerno, M.D., M.S., is executive officer of the Institute of
Medicine of the National Academies. Dr. Salerno served as deputy direc-
tor of the National Institute on Aging (NIA) at the National Institutes of
Health from 2001 to 2007, where she had oversight of more than $1 bil-
lion in aging research conducted and supported annually by the NIA,
including research on Alzheimer's and other neurodegenerative diseases;
frailty and function in late life; and the social, behavioral, and demo-
graphic aspects of aging. A geriatrician, Dr. Salerno is vitally interested
in improving the health and well-being of older persons, and has de-
signed public-private initiatives to address aging stereotypes, novel ap-
proaches to support training of new investigators in aging, and award-
winning programs to communicate health and research advances to the
public. Before joining the NIA in 2001, Dr. Salerno directed the contin-
uum of geriatrics and extended care programs across the country for the
U.S. Department of Veterans Affairs (VA), Washington, DC. While at
the VA, she launched widely recognized national initiatives for pain
management and improving end-of-life care and directed a national pro-
gram of geriatric and long-term care services of more than $3 billion an-
nually. Dr. Salerno earned her M.D. degree from Harvard Medical
School in 1985 and a master of science degree in health policy from the
Harvard School of Public Health in 1976. She also holds a certificate of
added qualifications in geriatric medicine and was associate clinical pro-
OCR for page 209
fessor of health care sciences and of medicine at the George Washington
University until 2001.
Andrea M. Schultz, M.P.H., is an associate program officer in the Ex-
ecutive Office of the Institute of Medicine. Ms. Schultz joined the IOM
Board on Health Sciences Policy in 2004 where she worked on a number
of reports, including Genes, Behavior, and the Social Environment: Mov-
ing Beyond the Nature/Nurture Debate; Reusability of Facemasks Dur-
ing an Influenza Pandemic: Facing the Flu; Organ Donation:
Opportunities for Action; and Cord Blood: Establishing a National He-
matopoietic Stem Cell Bank Program. In 2006 she moved to the IOM's
Executive Office and Office of Reports and Communications where she
provided health policy research support on a variety of issues for the
IOM president and executive officer, coordinated an effort to collect and
catalog impact data on IOM reports, and helped lead the IOM's Quality
Improvement effort. Currently Ms. Schultz is working with the IOM's
Committee on Improving the Organization of the U.S. Department of
Health and Human Services to Advance the Health of Our Population.
She received her M.P.H. in health policy with honors in August 2007
from George Washington University. Her capstone project analyzed key
state-level health care reform initiatives. Ms. Schultz received her B.S. in
cellular molecular biology from the University of Michigan in 2004.
Katharine Bothner is a research associate in the Institute of Medicine's
Executive Office. She began working with the IOM in October 2006 as a
senior program assistant with the Roundtable on Evidence-Based Medi-
cine. She received a B.S. in chemistry with high distinction from the
University of Virginia in 2004. With a focus in biochemistry, she con-
ducted her thesis research on a cytostatic cancer therapy involving cal-
cium channels. After completing her undergraduate studies, Ms. Bothner
taught high school science for two years in Baltimore, Maryland, with
Teach for America. More than 70 percent of her biology students passed
the Maryland High School Assessment test, a figure nearly twice the city
Amy Packman is the administrative assistant for the Board on Health
Sciences Policy. She previously served as a senior project assistant for
the Clinical Research Roundtable. Prior to joining the IOM, she worked
as a project manager for a medical education and publishing firm in
OCR for page 209
Washington, DC. She graduated from Whitman College in Walla Walla,
Washington, with a B.A. in biology.
Judith L. Estep is a program associate with the Board on Health Sci-
ences Policy. She has worked at the National Academies-Institute of
Medicine since 1986 and has provided administrative support for more
than 56 published reports. Her interests outside the Institute of Medicine
include family (13 grandchildren), reading, needlework, 4-wheeling, and
working her draft horses for competition.
OCR for page 209


text:
America's leading review of the arts and intellectual life
For admirers of Gian Lorenzo Bernini (1598–1680), or even of sculpture generally, the collection of fifteen of his terracotta sketches in the Fogg Art Museum has long been a pilgrimage point to glean a deeper insight into his genius, or simply a straightforward Bernini fix. If the essence of his marbles is their jaw-dropping illusionism—their ability to simulate wind-blown hair, soft flesh, even tears—what distinguishes these preparatory works is their imm ... This article is available to subscribers and for individual purchaseSubscribe to TNC (Print and Online editions) Subscribe to TNC (Online only) This article originally appeared in The New Criterion, Volume 31 December 2012, on page 36 Copyright © 2015 The New Criterion | www.newcriterion.com http://www.newcriterion.com/articles.cfm/Bernini-s-feats-of-clay-7501
E-mail to friend
by Eric Gibson On "Jeff Koons: A Retrospective" at the Whitney Museum of American Art. by Eric Gibson Camera technology and the iPhone are changing the museum experience by Eric Gibson Review of "Ceramic Sculpture of Fontana, Melotti, Miró, Noguchi, and Picasso, 1943–1963" at the Nasher Sculpture Center, Dallas, TX A review of the new Harvard Art Museums, designed by Renzo Piano. by Paul Dean A review of A. David Moody's Ezra Pound: Poet. A Portrait of the Man and His Work, Volume II: The Epic Years, 1921–1939. Webcasts
The Walter Duranty Prize for Journalistic Mendacity
Introduction to The Kennedy Phenomenon
The Kennedy Phenomenon: "Watching the Kennedy Train-Wreck" |


text:
IPOs Mostly Duds
What was supposed to be a big show of strength in the new-issues market fizzled Wednesday, bolstering concerns that the IPO craze of 2006 might have seen its best days.
Despite a
"Looking at the past month, the fact that the majority have priced below the range makes you think the IPO market is softening in lockstep with the equity market," said Doug Lovett, equity analyst at Morningstar. "At the same time, we've seen a couple of IPOs withdrawn because companies weren't happy with the price."
J. Crew was the notable exception Wednesday, its shares jumping nearly 25% on their first day of trading. The company priced 18.8 million initial shares at $20 apiece Tuesday night, topping the expected range of $15 to $17 a share and raising about $376 million for itself and its private-equity backers. The offering cut the ownership stake of major shareholder Texas Pacific to about 40% from just above 50%.
By late morning, the stock had shot up $4.92 to $24.92, with more than 15 million shares changing hands. But other deals had more trouble. Three of the companies that priced IPOs Tuesday night cut their offering price -- in one case by more than 30%. PGT (PGTI - Get Report) originally anticipated pricing between $16 to $18 a share, but ended up going out at $14. Meanwhile, Omniture (OMTR) priced at $6.50 per share, below the $7.50 to $9 a share range. Replidyne (RDYN) issued shares at $10 a share, $4 below the lowest range of its $14 to $16 price.Check Out Our Best Services for Investors
Action Alerts PLUS
Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.
Product Features:
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
Quant Ratings
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
Product Features:
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
Stocks Under $10
David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.
Product Features:
- Model portfolio
- Stocks trading below $10
- Intraday trade alerts
Check Out Our Best Services for Investors
Dividend Stock Advisor
David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.
Product Features:
- Diversified model portfolio of dividend stocks
- Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks
Every recommendation goes through 3 layers of intense scrutinyquantitative, fundamental and technical analysisto maximize profit potential and minimize risk.
Product Features:
- Model Portfolio
- Intra Day Trade alerts
- Access to Quant Ratings
Options Profits
Our options trading pros provide over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.
Product Features:
- Actionable options commentary and news
- Real-time trading community


text:
12th April 2007
Presidential hopeful's cancer "in remission"
11:35 AM — Fred Thompson announced yesterday that he has cancer.The veteran actor, best known for his work on TV show Law and Order, is considering running for the Republican nomination for President of the United States.In a statement, the 65-year-old said he has an indolent lymphoma which is not life-threatening.
11th April 2007
Gay adoption site sued for discrimination
5:09 PM — One of the largest adoption websites in the world is being sued for refusing to accept a listing from a gay couple.Michael Butler and Richard Butler, who live in California, took action against Arizona-based adoption.com and its owners, Nathan and Dale Gwilliam, in December 2003.The couple have finally been given permission by a judge to go to trial.
Presidential hopeful courts gay voters
1:14 PM — Democratic candidate for President of the United States John Edwards has been showing off his support among gay political donors.Edwards has released a list of 25 LGB supporters, among them David Mixner, a gay activist who raised millions of dollars for Bill Clinton's campaigns for the White House.The former Senator from North Carolina is making a play for the gay vote in the hotly-contested Democrat nomination for President.
Transsexual granted new legal identity without surgery
12:34 PM — A Spanish man who had his gender confirmed by civil officials.He is thought to be the first beneficiary of a new law that allows transsexual people to be legally identified as a sex different from that recorded at birth without having undergone gender reassignement surgery.50-year-old Julio Cuesta was granted official documents by the civil registry office in Valencia yesterday.
War veterans come out to oppose gay ban
12:13 PM — Three retired colonels and four captains in the United States military have publicly declared their homosexuality in a gay magazine and spoken out against the policy that bans LGB Americans from serving.The former officers, among them a chaplain and two female Navy Reservists, decided to come out in protest at comments from the current Chairman of the Joint Chiefs of Staff.General Peter Pace called lesbian, gay and bisexual service members "immoral."
Faded sitcom star apologises for gay rant 3
11:36 AM — Gay campaigners today condemned anti-gay remarks made this week by comedian and actress Roseanne Barr on a California radio station.In a discussion about families accepting their gay relatives, Barr said, "Never once in my 54 years have I ever once heard a gay or lesbian person who's politically active say one thing about anything that was not about them."They don't care about minimum wage, they don't care about any other group other than their own self."
US activists celebrate Ellen's ten lesbian years
11:17 AM — In the United States, the 10-year anniversary of Ellen DeGeneres' coming out is being celebrated by the Gay Lesbian Alliance Against Defamation (GLAAD).DeGeneres appeared on the April 14, 1997, cover of Time magazine with the headline, "Yep, I'm Gay."Her onscreen character, Ellen Morgan came out as well during the April 30th 1997, episode of the ABC sitcom Ellen.
10th April 2007
Putin set to re-appoint Moscow mayor
6:03 PM — The homophobic mayor of Moscow may be re-appointed in the next few days.The 70-year-old politician, Yuri Luzhkov, has been mayor of the Russian capital since 1992.Media speculation in the Russian papers suggests that Luzhkov is looking to get re-elected without serious opposition.
HIV+ man detained for reckless transmission
2:01 PM — As many as twelve Australians may have been infected with HIV, after an HIV positive gay man used the internet to have unprotected sex.Stuart McDonald was detained in Glenside Hospital last week for recklessly endangering his sexual partners.McDonald found his sexual partners through Gaydar, the gay meeting website. His profile has now been removed.
Gays take part in White House Easter tradition
12:05 PM — Lesbian and gay families took part in the historic Easter Egg Roll at the White House yesterday.At a time when issues such as gay marriage and adoption rights are being contested all over America, the Family Pride Coalition encouraged hundreds of LGBT families to attend the annual Easter egg roll outside the Presidential residence.The tradition began in 1878 and is a day of fun and games for children of all ages.
Lesbian chainsaw murder trial excites press interest 1
11:47 AM — A small rural community in the United States is at the centre of media attention as more details of a gruesome murder emerge.A deaf, black lesbian woman is on trail for the murder of an alleged rival.Commentators are already discussing the possibility that Daphne Wright might become the first woman ever sentenced to death in the state of South Dakota.
Anti-gay Army recruiter suspended
10:05 AM — The Human Rights Campaign is commending the decision by the U.S. Army to suspend a recruiter and engage in an investigation into reports of recent anti-gay, racist remarks.The insulting comments were made to Corey Andrew, a gay, African-American man who was in talks with the recruiter about serving as an openly gay man."The announcement by the U.S. Army to suspend this recruiter until a complete investigation has taken place is a positive step."
6th April 2007
Swede donates TV fee to Riga Pride
12:00 AM — One of Sweden's most distinguished diplomats has donated his fee from presenting a gay TV series to Riga Pride.Sverker Åström, 88, is a former Swedish diplomat, ambassador and State Secretary of the Ministry of Foreign Affairs.Four years ago he came out in a newspaper interview.
Disney to offer "Fairy Tale" weddings to gay couples 3
12:00 AM — Disney has changed the policies of its Fairy Tale Wedding package to allow gay couples to hold their dream weddings at their two United States resorts and cruise line.The company did previously allow gay couples to organise their own ceremonies but barred them from their Fairy Tale package.Donn Walker from Disney Parks said: "We are updating our Fairy Tale Wedding guidelines to include commitment ceremonies."
5th April 2007
Vice President's lesbian daughter expecting a boy 1
4:29 PM — US Vice-President Dick Cheney has revealed that his daughter Mary is expecting a baby boy. In an interview with ABC radio Mr Cheney said he was looking forward to the birth of his grandson.Ms Cheney, 37, announced in December 2006 that she is pregnant. She has been with her partner Heather Poe for 15 years. She is due to give birth next month.The Vice President has always been publicly supportive and protective of his younger child.
Bishop's sex questions embarrassed me, tribunal told 11
3:38 PM — A bishop of the Church of England asked a gay man a series of highly personal questions about his sex life as part of a job interview, an employment tribunal in Cardiff was told today.John Reaney is bringing the Hereford Diocesan Board of Finance to the tribunal, claiming that he was discriminated against on the grounds of his sexuality.At a meeting with the Bishop of Hereford in July last year, he was asked about his sexual relationships, he said.
Presidential candidate favours civil unions and tolerance 1
11:49 AM — One of the less-well known potential candidates in the race for the President of the United States asked an audience of teenagers to consider how they would feel if their child grew up gay.Chris Dodd was addressing high school students in Concord, New Hampshire.The state's 400-member House of Representatives yesterday approved a civil unions bill.
Cardinal in gay April Fool furore
11:22 AM — Students at a Roman Catholic university in the United States have apologised for an April Fools edition of the campus newspaper that said the Archbishop of Philadephia is gay.However, the journalists at Saint Joseph's University in the city received praise from one teacher, a priest, who said in a letter to the newspaper, The Hawk, that he "laughed his head off."
Priests in favour of civil unions accused of being gay 10
10:35 AM — Against a background of continuing Roman Catholic opposition to a new law to recognise unmarried couples, three Catholic priests in Italy have spoken out in defence of civil partnerships.Fathers Vittorio Cristelli, Aldo Antonelli of Aquila and Beppe Scapino of Ivrea showed their support in an article entitled "We are Catholics in favour of homosexual civil unions" in the Turin newspaper La Stampa .
Sex education banned in India in face of rising infections 1
10:22 AM — Three Indian states have banned the introduction of sex education in schools, despite India having the greatest number of HIV/AIDS patients in the world.Maharashtra's ban follows recent similar moves in Gujerat and MadhyaPradesh.The Maharashtra government announced the ban in response to protests from legislators that sex education would corrupt young people's minds.


text:
Ziegfeld Theatre
141 West 54th Street,
New York,
111 people favorited this theater
Showing 126 - 150 of 4,074 comments
Hadn't been to the Ziegfeld in awhile, not since Bow Tie took over, and I thought they had the place looking nice. My only complaint (I'm not as big on the curtain as others here are) is that the previews were way too loud, much louder than the feature. I was tempted to get my earplugs out!
I like that photo, the one with the curtain. I posted it. I've taken my own photos but not as nice as this one. During the years we weren't allowed to post photos, somebody sent that photo to me with the request that I share it, which is what I did. Haven't seen the curtain close at the Ziegfeld in a while, so can't take new photos with current camera of it closed.
Today's movie theaters are starting to also not even use masking! New multiplexes & redone movie houses have decided that with digital film, masking isn't needed, even when the screen isn't filled with the movie image. So we keep going further away from proper presentations….
Thanks for speaking out against that photo with the curtain open. I cringe every time I see it, a harsh reminder of what our theatres have changed for the worst. A naked screen must never be shown in a theatre like the Ziegfeld. Leave that to the little boxes they call theatres theses days. I too will click on to the proper picture to keep it alive thanks for the hint.
It is changed based on the number of views each photo gets. The one with the most views gets to be on the front page of the listing. I went in and looked at the closed curtain photo ten times, to help boost its numbers and keep it up front. It's currently on page six of the photos, so jump to that page and have a look. Or ten.
To whoever keeps changing the photo, please leave the one with the curtain closed, as opposed to the one with the screen ad showing on the screen.
The AMC, Bowtie and City Cinema discounts are good seven days a week, not just on the weekends. Bowtie offers the discount at its Chelsea house and all other locations but not at its Ziegfeld location.
Hello to All-
in reference to Al A.'s comment about the 3 big AMC multiplexes being cash cows. you have to remember these three big complexes have a policy of discount prices before 12:00p.m. on Fri., Sat. and Sun. for any film regular, 3D or IMAX. I'm surprised this theater doesn't offer the discount.
oddly enough eventhough this policy is the reason for these three multiplexes raking in the bucks for early shows Fri., Sat. & Sun. which they've been doing for years the Regal 42 St. multiplex and the Regal Union Square 14 multiplex still don't offer the discount. I think the only other chain to offer the before 12:00p.m. discount on Fri., Sat and Sun. is City Cinemas.
Exactly my point, bigjoe59. The crowd for "Les Miserables" on 42nd street didn't have to wait at all. There was a screening starting every few minutes with immediate seating. That is how those two cash cows on 42nd street outgross most of the country with the possible exception of Lincoln Square.
If you were a distributor would you bypass 42nd street to protect the Ziegfeld? You may do it for a few days just for prestige as "DREAMGIRLS" did, but much longer. Moviemakers just can't afford that anymore.
Hello to All-
we are having a lively discussion aren't we? Al A. makes some valid points but it is still my belief that the one main reason the Ziegfeld rarely has a full house is because whatever big film plays there is also playing at 12 other theaters in Manhattan. its NOT because of the location. after all if the theater was hard to find why was the 1st show of the day of Les Miserables the day after Christmas 2012 rather well attended? not only that but when I left the theater there was a line half down 54th St. for the next show.
When the Rialto was showing The Devil in Miss Jones nobody seemed to complain about subway noise…!
Yes, that one.
It was a wonderful brand new 70mm TWIN theatre with brand new seats and trademark Cineplex faux marble that failed miserably because it was too close to 42nd Street.
The two biggest hits I can remember there were "UNCLE BUCK" and the move-over of "LAWRENCE" in gorgeous 70mm.
Twin 2 (Rialto 2) never made it pass day two due to subway noise.
The Warner nee Rialto? Entrance on Seventh? I went there a few times after Cineplex Odeon revamped it, but don't remember that Lawrence played there.
Let us not forget that Walter Reade and Cineplex Odeon used their clout to drive films to the Ziegfeld, something Clearview and Bow Tie don't have.
Also, when "LAWRENCE OF ARABIA" moved to the loser Warner on 42nd street late in that run, business picked up.
I'm proud to be a faithful Ziegfeld customer. Dawn of the Planet of the Apes was the most recent time I went out of my way to see a movie there. I understand all the reasons why, but it's still sad to see so many empty seats. I'll never forget people desperately hunting down a place to sit before a sold-out Lawrence of Arabia show began (1989). Those were the days.
It's easier to get home from the Empire 25 on 42nd St. – it should be, anyway, but it takes about 10 minutes to get out of that building. It all evens out. Better off going to the Ziegfeld.
Property values are a curious thing.
I love the Ziegfeld. It was my office for many years and the best screen in Manhattan. It is the best theatre in Manhattan for people who love big movies. That does not take away from reality.
The Ziegfeld is still there ONLY because nobody wants that location.
But it is NOT a choice location to open a major movie. And it never was.
AlAvarez you seem to take glee in repeating other theaters out gross The Ziegfeld. The Coronet was smack dab in the middle of a neighborhood, surrounded by high rise apartment buildings and 42nd Street has had a neighborhood resurgence over 8th Ave. People who go to The Ziegfeld, go because they want to be there, even if it's not next door. The one thing you haven't mentioned about the much more successful Coronet, it ain't there anymore.
Not really a matter of finding it but rather finding a better located place to see the same movie.
No one has a problem finding the theatre, it's main problem is the shifting movie patterns in the city . I have worked there when we have done $60,000 a day
I have stated before, audiences DID have a problem finding it, hence the Coronet day and date openings in the eighties and nineties. A 100 seat screen on 42nd street can still outgross it.
Hello to All-
I thank all of my fellow posters who commented
on my question as to how "off the beaten track"
the Ziegfeld is. the reason the Ziegfeld rarely
has anything amounting to a decent sized
audience is because any "big" film
which opens there also opens at a dozen other
theaters in Manhattan. my point being said lack of
a decent sized audience has nothing to do with it
"being off the beaten path" in the strict sense
of the term. after all people had no trouble
finding it in the 70s and 80s when it still played
exclusive 1st runs.
I went to two Ziegfeld morning shows this summer (around 10-10:30 AM): Jersey Boys and Dawn of the Planet of the Apes. But there were no pre-12 noon discounts. There were also just a handful of people at both shows.
The only bargain priced tickets on 42nd and Manhattan theaters are shows before 12 noon. Bowtie offers these prices at the Chelsea. I can't remember the last time there was a morning show at the Ziegfeld. "Guardians of the Galaxy" is back at the Ziegfeld in 2D. Definitely worth checking out again.
Back then, Disney didn't want "WHO FRAMED ROGER RABBIT" on 42nd street. Universal didn't want "THE LAST TEMPTATION OF CHRIST" on 42nd street. Major screens like the the National and the Astor simply could not deliver the audience. The Ziegfeld could.
That is no longer the case.
The Ziegfeld didn't usually play day-and-date with the Broadway houses, so even on a national run, they were still "exclusive" in Times Square.
Plus, since they rarely have an exclusive nowadays, most of the pictures they play are readily available in your own neighborhood, or at one of the 39 screens on 42nd Street. (And often with a bargain matinee offered, which unfortunately the Ziegfeld does not.)