Tom Harkin

Mr. HARKIN

Mr. HARKIN. I yield without losing my right to the floor.

Mr. HARKIN. But what precipitated bringing it to the floor?

Mr. HARKIN. I yield further without losing my right to the floor.

Mr. HARKIN. Kids with disabilities haven't been shooting anybody. I mean, let's be honest about it. The reason this bill is here on this floor is because of what happened in Littleton, CO. The Senator from Tennessee, when he first started out----

Mr. HARKIN. We finally got it resolved. I can remember as though it was yesterday when we went to the Mansfield Room. It was Newt Gingrich, it was Trent Lott, there were Democrats and Republicans and the disability community and representatives of the principals and the school boards. We sat in that room right there, that Mansfield Room, and we all said hallelujah, we all agree. We didn't all get what we wanted. Parents had to give up something. Principals gave up something. But we got a bill we all agreed we were going to live with and work with. We agreed in that room that we were not going to go back and make changes on this bill. We were going to give it a chance to work. These are the changes we made. I say again to my friend from Tennessee, he keeps bringing up this example--that happened under the old law, not the new one. The new law, I say to my friend, the regulations for the new IDEA, just went into effect in March of this year. I have been on the Department of Education for a year to get these regs out, but they received them in March. We have not even given it a chance to work. Yet, that great bipartisan effort, that bipartisan solution that we had that culminated in the IDEA amendments of 1997, somehow is now being torn apart. Why? Because of school shootings--what is going on?--when none of these kids were disabled? I know the Senator from Missouri is a nice guy. The last thing he would want to do is to be mean to anybody. But I have to tell you, if you back up and see it from where I am coming from, I have to tell you honestly, with all my heart, this is almost scapegoating kids with disabilities. I know you do not mean to do that. But I have talked to so many parents out there. They talked to me about this amendment and said: Why are they scapegoating my kids? My kids didn't shoot anybody. My kids with disabilities haven't done anything. Why are we doing this?

Mr. HARKIN. Let me please finish. This amendment does not belong in this bill. If I am going--if I am taking time, I say to my friend, the only reason I am taking time is because I think there are a lot of Senators here who do not understand what is going on. They have not had the privilege I have had of working on disability issues for 25 years. I believe they need to be informed. It took us 2 hours today simply to get us to agree that if a kid brings a gun to a school, regardless of whether that kid is disabled or not, they can kick him out right away and take him to the police station. It took us 2 hours just to get that agreement. Now we are onto another phase, and that phase is what happens after they are removed. I do not think it has been fully fleshed out yet as to why there is a process set up for kids with disabilities. Then we have to get to the third stage and that is what happens at that point in time, at the end of 45 days. If I take some time, I say to my friend from Utah, it is because I believe I have an obligation to my families with kids with disabilities--

Mr. HARKIN. To be able to look them in the eye and say: I did everything humanly possible to make sure that every Senator who comes down and casts that vote knows exactly what that vote is about. I do not believe I have done my job yet. I, obviously, have not done my job yet.

Mr. HARKIN. And I am going to take more time to do my job.

Mr. HARKIN. Again, I yield without losing my right to the floor.

Mr. HARKIN. Yes.

Mr. HARKIN. I reserve the right to object.

Mr. HARKIN. You are going to have to ask Senator Lautenberg that.

Mr. HARKIN. Of course.

Mr. HARKIN. Yes.

Mr. HARKIN

Mr. HARKIN. Then what will occur after that? What is the next thing in sequence?

Mr. HARKIN. Reserving the right to object, is there a time limit?

Mr. HARKIN. On any of these?

Mr. HARKIN. I see.

Mr. HARKIN. Mr. President, I ask unanimous consent that Tom Hlavacek, a fellow on my staff, be granted the privilege of the floor for the pendency of this matter.

Mr. HARKIN. I am here. I am trying to figure it out myself. Mr. LEAHY addressed the Chair.

Mr. HARKIN. And your unanimous consent did not put any time limit on that?

Mr. HARKIN. Reserving the right to object, it is my understanding that for 359 and 348, we will have those two votes. That will be all tonight?

Mr. HARKIN. I will not object as long as I understand and the record is clear that on amendment No. 355, the Frist-Ashcroft amendment on IDEA, there is no time limit.

Mr. HARKIN

Mr. HARKIN. Mr. President, I am pleased to join with my colleagues, Senators Conrad, Hatch, and Grassley, to submit this concurrent resolution to ensure that Medicare beneficiaries can continue to receive the medical care they need and deserve. Under the traditional Medicare program, chiropractic care is a covered benefit. When the Medicare+Choice program was created in the Balance Budget Act of 1997, it was the intent of Congress to ensure that every beneficiary that chooses to enroll in a Medicare+Choice program would have access to all services covered under Medicare Parts A and B--including chiropractic services. In addition, the Balanced Budget Act is explicit in requiring Part C plans to assure continuity of benefits for beneficiaries who switch into these plans from the fee-for-service program. The clear intent is to ensure that beneficiaries who chose Part C plans have uninterrupted access to the same physician practitioners. Finally, the Part C provisions of the Balanced Budget Act contain strong antidiscrimination language prohibiting Medicare+Choice plans from discriminating against any provider solely on the basis of his or her license or certification. Every Medicare beneficiary ought to have access to the range of services covered under the Medicare fee-for-service program. Therefore, as a covered service under Part B of Medicare, chiropractic care should be considered a covered service under Medicare Part C. Mr. President, we were disappointed to learn last year that the Health Care Financing Agency's regulations for this program ignore Congressional intent and do not ensure that beneficiaries participating in Medicare managed care plans will be eligible for the services provided by a chiropractor. Under their Medicare+Choice regulations, managed care plans can limit access to chiropractic care by referring patients to other types of providers. As seniors continue to enroll in Medicare HMOs, we must make sure that they have access to the same services they are promised under traditional Medicare--and chiropractic services are no exception. This legislation will send a strong message to HCFA by clarifying congressional intent to ensure that all chiropractic services covered under traditional, fee-for-service Medicare are also covered under the Medicare+Choice program. Mr. President, I urge my colleagues to cosponsor this resolution.

Mr. HARKIN

Mr. HARKIN. Mr. President, I ask my colleagues to join me in congratulating the students and teachers from Valley High School in West Des Moines, IA for achieving the top score in the 1999 National GRAMMY Signature School Competition. It took hard work and dedication to achieve this honor, and I congratulate the students, teachers, and others who make it happen. Valley High School enrolls over 2,200 students, and fully 600 students, nearly a third of the student body, participates in one or more music programs. On February 4, 1999 the GRAMMY Signature School designated Valley High School the best music program among 250 public schools from around the country. They were judged by a panel of top musical educators and professionals and were selected based on their high level of commitment to music education. In light of this announcement, U.S Secretary of Education Richard W. Riley, said, ``At a time when creativity and communication skills are at a premium, schools likes those being recognized at this program are using arts for their rich potential to captivate and engage students in the process of learning. The arts help children learn to solve problems, think creatively, and develop mental discipline, which are valuable skills for any academic endeavor.'' Mr. President, year after year underfunded public schools continue to slash funding for all forms of arts and humanities education, thereby weakening the strong cultural heritage the United States has always enjoyed. We should therefore commend the students and teachers of the Valley High School music program for their commitment to a quality music education, and the benefits their efforts reap upon the cultural landscape of the state of Iowa. It is a true honor to serve as their Senator, and I believe they are examples of what all Americans should strive to be.