Tom Harkin

Mr. HARKIN

Mr. HARKIN. I agree that the importance of LIHEAP advance funding has been demonstrated this past year as many states have faced extreme temperatures and high fuel costs. LIHEAP advance funding is an effective tool that allows states to determine eligibility, establish the size of the benefits, determine the parameters of the crisis programs and enable the states to properly budget for staffing needs. I will work with Chairman Specter to attempt to include the House provision for $1.1 billion in FY2002 advance LIHEAP funding in the final appropriation bill.

Mr. HARKIN. Mr. President, I thank the Senator from California for bringing this issue before the Senate. I support what she is trying to do, and I think we can accomplish it through language in the conference report rather than as an amendment to the bill itself. I assure her that I will work to include such language in the report.

Mr. HARKIN. I would also like to voice my support for preserving the Subcommittee's funding level for LEAP.

Mr. HARKIN. I agree that the comprehensive school reform program has had a positive impact in many of our schools. As the bill moves to conference, I will work with Chairman Specter to restore funding for this program.

Mr. HARKIN. I am very concerned about the proposed $50 million funding cut to the Medicare Integrity Program (MIP) approved by the House Appropriations LHHS Subcommittee. The Senate has recommended that MIP be funded at $680 million, the amount authorized in HIPAA. In 1999, Medicare contractors saved the Medicare Trust Funds nearly $10 billion in inappropriate payments--about $18 for every dollar invested. Any funding cut to MIP is tantamount to the government throwing money out a window. In fact, I believe, because of the tremendous need to reduce an estimated $14 billion in Medicare waste, we should increase MIP funding. Therefore, I will work hard to ensure that the Senate funding level for this important program is not compromised. It should be higher, not lower.

Mr. HARKIN. Mr. President, I rise to support the increase in funding for the Office of Civil Rights at the Department of Health and Human Services. The Office of Civil Rights (OCR) enforces civil rights laws in health and human services settings. OCR oversees hospitals, managed care organizations, nursing homes, social service agencies--literally any state, local, or private agency that receives HHS funding, to ensure compliance with civil rights laws. In the next year, OCR will be responsible for enforcing several initiatives of real importance to me and to health care consumers across America. First, OCR will be responsible for enforcing the landmark health information privacy regulations. These regulations will provide consumers with protections against the inappropriate disclosure of their health information. Indeed, Americans are concerned about who gets to see and use their personal medical information. Privacy is the first defense against discrimination on the basis of health status--an issue I know a lot about through my work on the Americans with Disabilities Act. One of OCR'S other top priorities in the coming year is to enforce the Americans with Disabilities Act (ADA) by working with states and advocates to develop programs to enable people with disabilities to live in community-based settings, as required by the Supreme Court's Olmstead decision. Just last year, in L.C. v. Olmstead, the Supreme Court held that state Medicaid programs must comply with the ADA's integration mandate. The Court held that under the ADA, people with disabilities have the right to be included in our communities, not segregated behind the closed doors of institutions and excluded from the mainstream. This decision means that unjustified isolation now properly is regarded as discrimination when it is based on disability. The Department of Health and Human Services has already taken steps to ensure that states comply with the Supreme Court's decision. The Department sent a letter to state Medicaid directors and others emphasizing the Court's suggestion that states develop a comprehensive plan for placing qualified individuals with disabilities in less restrictive settings and ensure that their waiting lists for community- based services move at a reasonable pace that is not controlled by the state's endeavors to keep its institutions fully populated. This so-called ``Olmstead Letter'' is a great first step. However, a law is only as effective as its enforcement, and that is why OCR is so important to the civil rights of people with disabilities. This new funding will help OCR to ensure that as we approach the ADA's 10th anniversary next month, the ADA will continue to have a very real effect on the daily lives of people with disabilities and their ability to live and participate in their communities. Amendment No. 3716 (Purpose: To increase the amount of funds made available for activities that improve the quality of infant and toddler child care) On page 40, line 5, strike ``$60,000,000'' and insert ``$100,000,000''.

Mr. HARKIN. I would like to associate myself with the remarks of my Chairman and that of the Senator from Connecticut, particularly with regard to the important role that the National Theater of the Deaf has played over the last 33 years. I pledge to do what I can to ensure the conference agreement carriers out the intent of the Senator from Connecticut. amendment no. 3712 In amendment No. 3633, as modified, strike ``$78,200,000'' and insert ``$35,000,000'' in lieu thereof.

Mr. HARKIN. Mr. President, this is a simple amendment. It fully funds the Individuals With Disabilities Education Act. As far as I know, this is the first time we in the Senate have had a chance to vote directly on whether to take the action to fully fund IDEA. I cannot say it any better than our colleague from Vermont, Senator Jeffords, said it Wednesday night: This body has gone on record in vote after vote that we should fully fund IDEA. If we can't fully fund IDEA now with the budget surpluses and the economy we have, when will we do it? I do not believe anyone can rationally argue that this is not the time to fulfill that promise. I could not have said it any better. This is the first time I know of the Senate has ever gone on record. This is the vote to fully fund IDEA. We have the surpluses. We have the money. Let's meet our goal.

Mr. HARKIN. Mr. President, let's make it clear. We are not talking about an abortion bill. What we are talking about is a contraceptive pill a young woman would get, the morning after she may have been the victim of rape or incest. This amendment does not deal with RU-486, it clearly states it is about denying contraceptive services, and it has no exception for young victims of rape or incest. Right now, under existing law, some localities have chosen to provide minors access to contraceptive pills through community health centers and other programs that are based in the school. The decision to provide school-based contraceptive services is a local decision under current law. A local decision. Not a federal one. But this amendment would change that. This amendment says if a young woman has unprotected sex, or even if she is the victim of rape or incest, and is panic stricken the next morning, she cannot take a contraceptive pill the next morning, not knowing whether she is pregnant or not, in order to prevent a pregnancy from occurring. That is what this is about. And I want to reiterate that the Helms amendment has no exception for the victims of rape or incest.

Mr. HARKIN. I understand the nature of the problem in Montana requires attention. I thank the Senator for bringing these issues to my attention. Chairman Specter and I will give them consideration during conference. leap funding

Mr. HARKIN. Mr. President, in all the years I have been on this committee and also on the subcommittee, which now numbers 16, this is the earliest we have ever gotten this bill finished. If I am not mistaken, this may be the first time that this was not the last bill to be acted on, whether it has been Republican leadership or Democratic leadership. I thank Senator Specter for his great leadership. I thank him for working in such an open and bipartisan fashion with us on this side. I have never had a case where something was done on the Republican side that I didn't know about and that we weren't consulted with every step of the way. I want Senator Specter to know how much we really appreciate that. The working relationship has been great with our staff: Bettilou Taylor, Jim Sourwine, Mark Laisch, Mary Dietrich, Jon Retzlaff, Kevin Johnson, Ellen Murray, and Lisa Bernhardt. Our staff has a great working relationship. Again, as we now go into conference with the House, I make a commitment to my chairman that we will continue to work in a bipartisan fashion, as we have always, to make sure we can bring back a strong bill. I think we can be proud of the amount of money we have in education. We have more money in this bill for education than asked for by President Clinton. I believe we are making moves in the right direction. Maybe we vote and disagree here and there in little bits and pieces, but, by and large, what is in the bill for education I think should be a mark and a source of pride for all of us. I thank Senator Specter for his leadership on that side.

Mr. HARKIN. Mr. President, if the Senator will yield, I was remiss. Someone else we have to thank is the chairman of our committee, Senator Stevens, who worked very hard to get the allocations. When we ran into some problems, he was able to find ways so we could move ahead with this bill, and disregarding some of the problems we had so we could get to conference. I thank Senator Stevens for his support of this subcommittee.

Mr. HARKIN. Mr. President, I want to say a public thank you to our chairman, Senator Specter.

Mr. HARKIN. I agree with the comments of the chairman.

Mr. HARKIN. Mr. President, I move to waive the applicable sections of that act for the consideration of the pending amendment, and I ask for the yeas and nays.

Mr. HARKIN. How much time remains?

Mr. HARKIN. I thank the Senator for sharing your knowledge on this research-proven method of educational reform. As we make the difficult decisions about what should be funding priorities for the Federal government in the vast expanse of options, we certainly do need to be acutely aware of what has been demonstrated as having measurable positive impact on real students. As we move to conference on this appropriations bill, I will encourage everyone to consider the good that smaller learning communities can do for all students, including those for whom just a little extra attention and sense of belonging can mean the difference between violent outbursts as a cry for help and successful completion of high school with goals for the future.

Mr. HARKIN

Mr. HARKIN. Mr. President, $1.5 trillion, non-Social Security.

Mr. HARKIN. Mr. President, this is a very simple amendment. It is very straightforward. It does not include a lot of pages of text. All it does is fully fund the Individuals With Disabilities Education Act. By passing this amendment, we meet our goal of paying 40 percent of the average per pupil expenditure. For years, many on both sides of the aisle have agreed that the Federal Government should increase our support for States' efforts to provide children with disabilities a free and appropriate public education. With this amendment we can do just that. Congress enacted the Education for All Handicapped Children Act, which is now known as IDEA, for two reasons. To establish a consistent policy of what constitutes compliance with the equal protection clause of the 14th amendment with respect to the education of kids with disabilities, and to help States meet their constitutional obligations. Mr. President, I ask unanimous consent to add Senator Wellstone as a cosponsor.

Mr. HARKIN. I ask unanimous consent reading of the amendment be dispensed with.

Mr. HARKIN

Mr. HARKIN. I yield myself, initially, 7 minutes.

Mr. HARKIN. Mr. President, I will take 1 more minute. If you want to secure Medicare funding and you want to lock it away, you have to vote for the Conrad amendment. If, however, you want to take Medicare funding and put it in a box and say that future Congresses can go in there, open the lid and take the money out for other things, then vote for Ashcroft. It is that simple. I yield back whatever time I have remaining.

Mr. HARKIN. How much more time remains on our side?

Mr. HARKIN

Mr. HARKIN. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. HARKIN. Mr. President, I call up amendment No. 3688 and ask for its consideration.