Ben Campbell

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I move to reconsider the vote by which the amendment was agreed to.

Mr. CAMPBELL. Mr. President, this amendment has been cleared by the minority. I ask for its immediate adoption.

Mr. CAMPBELL. Mr. President, I send an amendment to the desk.

Mr. CAMPBELL. Mr. President, I thank my colleague, Senator Wellstone, for his comments. Just to clarify where we are, the Brownback-Wellstone-Campbell amendment has been accepted by a voice vote. I ask unanimous consent, if there are no further comments right now, that the pending amendment be set aside to offer two technical amendments.

Mr. CAMPBELL. Senator Byrd has said he wishes to speak on it. He is in a meeting now, however.

Mr. CAMPBELL. Yes.

Mr. CAMPBELL

Mr. CAMPBELL. I yield the floor. Mr. McCAIN addressed the Chair.

Mr. CAMPBELL. I thank the Chair. I rise in opposition to this amendment. Mr. President, in the years I have been in the Senate, what has always interested me is the history of these desks. If you open these desks, as many of my colleagues have and most people who are students of history of the Senate know, inside the drawer literally every Senator who has served in the Senate has signed his name and noted the State from which he came. I often wonder, when I read the names of those Senators in the drawers and the little accompanying booklet that goes with it, how they voted on issues that affected the American Indian. In this particular desk, we will probably not know without extensive research how Senator Townsend or Senator Kean or Senator Goldsborough or Senator Brown or Senator Case or Senator Duff, to mention just a few who have used this desk, voted on American Indian issues. But during the days when ``Manifest Destiny'' was the national watchword, I wonder if they voted with the pack to take away the last remaining land and water possessions and freedom of the American Indian, or did at least a few show courage and stand up for fairness by protecting a people who could no longer defend themselves. I wonder, did they subscribe to Abraham Lincoln's creed that ``all men are created equal,'' or was the jingo of Andrew Jackson's day, ``The only good Indian is a dead Indian,'' their guiding principle? Today, I stand at the desk of my friend and colleague, Senator Pete Domenici, from New Mexico, who is managing this bill on the majority side. Senator Domenici is known nationwide in Indian country for his fairness and leadership in making sure that the lives of the American Indians are just a little better. And to my left, Senator Reid of Nevada, who is managing for the minority side, has the same reputation. I am very gratified that they are here in the Chamber with us today. I am hopeful that the attitude exemplified by these two outstanding senators, the new enlightened attitude, marks a change for the entire senate from that attitude of those forgotten Senators whom I mentioned earlier and upon which they made their decision concerning the first Americans. We do not intentionally kill Indians with bullets or disease anymore. But it seems clear that some of our brothers still want to kill their livelihood, kill their opportunity, kill their future, kill their culture, and kill their natural resources that we promised them in every one of the 472 treaties that we then broke as an arm of the U.S. Government. And, by the way, Mr. President, American Indians broke none of them. I guess what amazes me the most about those who advocate taking away what little American Indians have left are often Senators who neither have the institutional memory of the 1968 authorizing act of the Animas-La Plata or the 1988 bill that I carried 10 years ago which implemented a compromise agreement that was signed into law and has been supported by every President since 1988. These Senators are often ones who have never even seen an Indian reservation. To them, I would say go out and spend some time in an Indian community that has a 75-percent unemployment rate, as one reservation in Senator Reid's State, in Owyhee, NV, does have. Speak to families whose children have dropped out of school and then committed suicide as an escape from a hopeless, dark future. One out of every two teenage girls and one out of every three teenage boys try suicide in their teenage years in some reservations. This is not a Third World country I am speaking about. It is a daily experience for many American Indians in this, the greatest country on the face of the Earth. Go out and speak to the social workers inundated with problems of a depressed culture and little resources to help. Listen to the frustrated tribal council members who try to cope with fetal alcohol syndrome, a rate so bad that on some reservations one out of every four Indian babies born suffers from some degree of fetal alcohol syndrome, some to such a degree that they have to be institutionalized for life at the taxpayer's expense. All of those problems, Mr. President, were inherited as side effects of what was called ``westward expansion,'' and the ensuing lack of opportunity continues to this day. I would tell my colleagues to go out there and experience hunger and sickness that is a daily experience for all too many American Indians. And then come back here to this floor and tell their colleagues how we do not owe Indians anything. But do not tell us that you are doing it in their best interest or in the interest of saving taxpayers' money. Mr. President, all they have to do is look at the amount we spend now in Federal programs, about $1.5 billion through the Bureau of Indian Affairs last year and about $2 billion through the Indian Health Service. Almost all of it is to help a people who have become dependent on Federal programs through no cause of their own. We will soon debate in this Chamber, Mr. President, the expansion of NATO and the billions of dollars that expansion will cost the American taxpayer, and as sure as I am standing here, some on this floor will support that expenditure of all those billions and still vote to take away the last best chance for economic independence for the Southern Utes and the Ute Mountain Utes right here in my State of Colorado. When we speak of spending taxpayers' money, where is it written that all those billions that go to foreign countries are justified when we cannot find a pittance to help American Indians? The Animas-La Plata is an agreement that must be honored. Not only did the tribes agree to the project but the States of Colorado and New Mexico did, too, a number of water conservancy districts did, and nine Federal agencies all agreed to the compromise of 1988. We are now being asked to compromise a compromise of the original 1968 authorization. Congress approved the settlement agreement in the Colorado Ute Indian Water Settlement Act of 1988 and President Reagan signed it into Public Law, and it has been supported by every President since. The only thing we are asking in this appropriations bill is what the President has in his budget. Too many people are dependent on this project, both Indian and non-Indian, to simply disregard it. Anyone from the American West can tell you, and particularly the American Indian, water is life. Water is the lifeblood of our future. This settlement fulfills the rights of tribes for water on the reservation. It settles disputes and removes causes for future litigation. It secures the tribes' opportunity to generate revenue from the use of reserve rights obtained under the agreement and authorizes them to sell or exchange or lease some of their water. Construction of the Animas-La Plata water project is essential to that settlement. If the project is not completed by the year 2000--and it is highly likely it may not be now, since the agreement was 1988 and the agreement stipulated they would start construction by 1990 and we are already behind by 7 years--the tribes have the option to go back to court to pursue their original claims in both the Animas and La Plata Rivers. Their victory in court would be certain and would trigger years of costly litigation among the United States, the State of Colorado, and water right holders throughout the region, wreaking havoc on the economies and water administration in Colorado. I might also point out that when we get into that expensive litigation at taxpayers' expense, it is going to be one Federal agency suing the other Federal agency, because the Bureau of Indian Affairs is responsible for protecting the Indian people, as you know. They will be suing the Bureau of Reclamation for noncompliance. Guess who pays for the expensive attorneys on both sides of the equation? The Supreme Court has held, in Winters versus the United States, that the United States, if the United States enters into a treaty with an Indian tribe creating a reservation, it impliedly reserves sufficient water to irrigate the reservation lands. Based on that doctrine, which mandates that Indian tribes get water, not money, the United States in 1976 filed reserved water right claims on behalf of both tribes. These reserved water rights would have preempted the vested water rights of non-Indian water users in the San Juan River Basin, drying up family farms and ranches that have existed in that area for years and years. You can imagine how the non-Indian people feel about tribes going back to court and exerting their rights. They have these priority rights because they were there first, and they rarely lose in courts. The Indian tribes do not want to go back to court. Their neighbors do not want them to go back in court. They, instead, chose to settle, and that is what the 1988 agreement was about. It is just lucky, I think, for the majority of the people in our area that the Ute Indians continue to give in the same generous spirit that they once gave their land and lives to build this great Nation. In looking at the Feingold amendment, it is simply divided into two parts. The first part is a diversion and the second part is a killer. Mr. President, let's not add to the dismal record of our treatment of the American Indians. Let's do the right thing and defeat the Feingold amendment. With that, Mr. President, I move to table the Feingold amendment. Mr. President, I ask for the yeas and nays.

Mr. CAMPBELL. My question, first of all, is have you visited with leaders of the two tribes today, Senator?

Mr. CAMPBELL. Will the Senator yield for a question?

Mr. CAMPBELL. I have no objection.

Mr. CAMPBELL. Will the Senator yield?

Mr. CAMPBELL. I point out, it was the Fish and Wildlife Department that has thrown so many roadblocks in front of the Animas-La Plata already under the guise of the Endangered Species Act, as you know.

Mr. CAMPBELL. I yield the floor.

Mr. CAMPBELL. Mr. President, I forgot to have printed in the Record earlier in my comments two editorials from our State's two major newspapers: one from the Rocky Mountain News dated Thursday, July 10, the headline saying: ``The Utes' Generous Offer.'' It is an editorial dealing with how fair and understanding and conciliatory the Utes have been in the whole question of building this project. The other editorial I would like to have printed in the Record is from the Denver Post, which is our State's largest newspaper, and the headline is very simply: ``Double-crossing the Utes.'' Let me read one paragraph from that very strong editorial: The real question now is simply: How many times do Animas- La Plata opponents think they can double-cross the Utes? When the Utes asked for a $714 million project, opponents said a $264 million project would do. When the Utes offered to accept a $257 million project, the opponents then dangled the vague hope of a $167 million handout. If Animas-La Plata opponents now succeed in killing even the Utes' own scaled- down plan, would they really have any incentive to keep even that promise? The answer is no. I ask unanimous consent to have these two editorials printed in the Record.

Mr. CAMPBELL. Mr. President, with that, I ask unanimous consent to have printed in the Record a letter signed by Chairman Judy Knight Frank, the chair of the Ute Mountain Ute Indian Tribe and Chairman Clement Frost, Southern Ute Indian Tribe, July 15, 1997, which opposes this amendment. If the Senator did not get a copy of this, I apologize for that. But I will be happy to share this with him and have that in the Record.

Mr. CAMPBELL. If the Senator would yield for a moment?

Mr. CAMPBELL. I appreciate that. Then I would like to make the record clear, Mr. President, that I have met with the tribal representatives today, and they are absolutely opposed to this amendment. They have ``an alternative proposal,'' but if it should be looked at, it should be done fully through the authorizing committee as a bill, open to public hearings, and not put into an appropriations bill where no one has the time to read it. I haven't even read the proposal myself, and I live there. So there will be no mistake, the tribes today, as of today, said they oppose this amendment.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, many crimes in our country are being committed with stolen guns. The extent of this problem is reflected in a number of recent studies and news reports. Therefore, today I am introducing the Stolen Gun Penalty Enhancement Act of 1997 to increase the maximum prison sentences for violating existing stolen gun laws. Reports indicate almost half a million guns are stolen each year. As of March 1995, there were over 2 million reports in the stolen gun file of the FBI's National Crime Information Center including 7,700 reports of stolen machine guns and submachine guns. In a 5 year period between 1987 and 1992, the National Crime Victimization Survey notes that there were over 300,000 incidents of guns stolen from private citizens. Studies conducted by the Bureau of Alcohol, Tobacco and Firearms note that felons steal firearms to avoid background checks. A 1991 Bureau of Justice Statistics survey of State prison inmates notes that almost 10 percent had stolen a handgun, and over 10 percent of all inmates had traded or sold a stolen firearm. This problem is especially alarming among young people. A Justice Department study of juvenile inmates in four States shows that over 50 percent of those inmates had stolen a gun. In my home State of Colorado, the Colorado Bureau of Investigation receives over 500 reports of stolen guns each month. As of this month, the Bureau has a total of 34,825 firearms on its unrecovered firearms list. All of these studies and statistics show the extent of the problem of stolen guns. Therefore, the bill I am introducing today will increase the maximum prison sentences for violating existing stolen gun laws. Specifically, my bill increases the maximum penalty for violating four provisions of the firearms laws. Under section 922(i) of title 18 of the United States Code, it is illegal to knowingly transport or ship a stolen firearm or stolen ammunition. Under section 922(j) of title 18, it is illegal to knowingly receive, possess, conceal, store, sell, or otherwise dispose of a stolen firearm or stolen ammunition. The penalty for violating either of these provisions, as provided by section 924(a)(2) of title 18, is a fine, a maximum term of imprisonment of 10 years, or both. My bill increases the maximum prison sentence to 15 years. The third provision, set forth in section 922(u) of title 18, makes it illegal to steal a firearm from a licensed dealer, importer, or manufacturer. For violating this provision, the maximum term of imprisonment set forth in 18 U.S.C. 924(i)(1) would be increased to a maximum 15 years under my bill. And the fourth provision, section 924(l) of title 18, makes it illegal to steal a firearm from any person, including a licensed firearms collector. This provision also imposes a maximum penalty of 10 years imprisonment. As with the other three provisions, my bill increases this maximum penalty to 15 years. In addition to these amendments to title 18 of the United States Code, the bill I introduce today directs the United States Sentencing Commission to revise the Federal sentencing guidelines with respect to these firearms offenses. Mr. President, I am a strong supporter of the rights of law-abiding gun owners. However, I firmly believe we need tough penalties for the illegal use of firearms. The ``Stolen Gun Penalty Enhancement Act of 1997'' will send a strong signal to criminals who are even thinking about stealing a firearm. And, I urge my colleagues to join in support of this legislation. Mr. President, I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, many crimes in our country are being committed with stolen guns. The extent of this problem is reflected in a number of recent studies and news reports. Therefore, today I am introducing the Stolen Gun Penalty Enhancement Act of 1997 to increase the maximum prison sentences for violating existing stolen gun laws. Reports indicate almost half a million guns are stolen each year. As of March 1995, there were over 2 million reports in the stolen gun file of the FBI's National Crime Information Center including 7,700 reports of stolen machine guns and submachine guns. In a 5 year period between 1987 and 1992, the National Crime Victimization Survey notes that there were over 300,000 incidents of guns stolen from private citizens. Studies conducted by the Bureau of Alcohol, Tobacco and Firearms note that felons steal firearms to avoid background checks. A 1991 Bureau of Justice Statistics survey of State prison inmates notes that almost 10 percent had stolen a handgun, and over 10 percent of all inmates had traded or sold a stolen firearm. This problem is especially alarming among young people. A Justice Department study of juvenile inmates in four States shows that over 50 percent of those inmates had stolen a gun. In my home State of Colorado, the Colorado Bureau of Investigation receives over 500 reports of stolen guns each month. As of this month, the Bureau has a total of 34,825 firearms on its unrecovered firearms list. All of these studies and statistics show the extent of the problem of stolen guns. Therefore, the bill I am introducing today will increase the maximum prison sentences for violating existing stolen gun laws. Specifically, my bill increases the maximum penalty for violating four provisions of the firearms laws. Under section 922(i) of title 18 of the United States Code, it is illegal to knowingly transport or ship a stolen firearm or stolen ammunition. Under section 922(j) of title 18, it is illegal to knowingly receive, possess, conceal, store, sell, or otherwise dispose of a stolen firearm or stolen ammunition. The penalty for violating either of these provisions, as provided by section 924(a)(2) of title 18, is a fine, a maximum term of imprisonment of 10 years, or both. My bill increases the maximum prison sentence to 15 years. The third provision, set forth in section 922(u) of title 18, makes it illegal to steal a firearm from a licensed dealer, importer, or manufacturer. For violating this provision, the maximum term of imprisonment set forth in 18 U.S.C. 924(i)(1) would be increased to a maximum 15 years under my bill. And the fourth provision, section 924(l) of title 18, makes it illegal to steal a firearm from any person, including a licensed firearms collector. This provision also imposes a maximum penalty of 10 years imprisonment. As with the other three provisions, my bill increases this maximum penalty to 15 years. In addition to these amendments to title 18 of the United States Code, the bill I introduce today directs the United States Sentencing Commission to revise the Federal sentencing guidelines with respect to these firearms offenses. Mr. President, I am a strong supporter of the rights of law-abiding gun owners. However, I firmly believe we need tough penalties for the illegal use of firearms. The ``Stolen Gun Penalty Enhancement Act of 1997'' will send a strong signal to criminals who are even thinking about stealing a firearm. And, I urge my colleagues to join in support of this legislation. Mr. President, I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Madam President, I take this opportunity to thank the distinguished managers of S. 936, the Department of Defense authorization bill, for incorporating my amendment to authorize the flying of the POW/MIA flag over certain Federal facilities and post offices. This amendment contains the text of S. 528, the bill I introduced on April 9, 1997. I am pleased that 23 of our colleagues joined in cosponsoring S. 528. These cosponsors include Senators Conrad, Cleland, Kempthorne, Warner, Collins, Moseley-Braun, Torricelli, Faircloth, D'Amato, Stevens, Hutchinson, Smith, DeWine, Lott, McConnell, Murkowski, Gregg, Lautenberg, Allard, Shelby, Craig, Grams, and Ashcroft. This amendment would authorize the POW/MIA flag to be displayed over military installations and memorials around the Nation and at other appropriate places of significance on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans Day, National POW/MIA Recognition Day, and on the last business day before each of the preceding holidays. A similar amendment was included in the House of Representatives Defense authorization bill. Congress has officially recognized the National League of Families POW/MIA flag. Displaying this flag would be a powerful symbol to all Americans that we have not forgotten--and will not forget. As you know, the United States has fought in many wars and thousands of Americans who served in those wars were captured by enemy or listed missing in action. In 20th century wars alone, more than 147,000 Americans were captured and became prisoners of war; of that number more than 15,000 died while in captivity. When we add to this number, those who are still missing in action, we realize that more can be done to honor their commitment to duty, honor, and country. The display of the POW/MIA flag would be a forceful reminder that we care not only for them, but for their families who personally carry with them the burden of sacrifice. We want them to know that they do not stand alone, that we stand with them and beside them, as they remember the loyalty and devotion of those who served. As a veteran who served in Korea, I personally know that the remembrance of another's sacrifice in battle is one of the highest and most noble acts we can do. Let us now demonstrate our indebtedness and gratitude for those who served that we might live in freedom. I thank the managers of the DOD authorization bill for their assistance with this amendment and urge its immediate adoption. I thank the Chair and yield the floor. Amendment No. 728 (Purpose: To provide a Federal charter for the Air Force Sergeants Association)

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I would like to announce that the Senate Committee on Indian Affairs will meet on Thursday, July 10, 1997 at 2:00 p.m. to conduct an oversight hearing on the Administration's proposal to restructure Indian gaming fee assessments. The hearing will be held in room 562 of the Dirksen Senate Office Building. Those wishing additional information should contact the Committee on Indian Affairs at 224-2251. committee on rules and administration

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I would like to announce that the Senate Committee on Indian Affairs will meet on Wednesday, June 25, 1997 at 9:30 a.m. to conduct an oversight hearing on the Administration's proposal to restructure Indian gaming fee assessments. The hearing will be held in room 562 of the Dirksen Senate Office Building. Those wishing additional information should contact the Committee on Indian Affairs at 224-2251.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I support a bill to correct a serious problem made apparent by the recent conviction of Timothy McVeigh for his cowardly act of terrorism. I was in the process of drafting a bill on this issue, but in light of the scope of the bill proposed by the Veteran's Committee chairman, I am pleased to join as a cosponsor of this legislation to accomplish my goals. Our Nation remains outraged at that terrorist act and the individual who was convicted of committing it. We now are further outraged at the thought of that person being eligible for burial in a military cemetery beside our fallen brothers and sisters. As you well know, Mr. President, these military burials function to honor the brave men and women who have placed themselves in harm's way in order to defend our freedom and the system of government that has protected us for more than 200 years. As a Korean war veteran and a member of the Veterans' Affairs Committee, I am personally aware of the sacrifices made by our men and women in uniform to serve and protect these freedoms. When anyone seeks to destroy our system of government by acts of terrorism, it is certainly a slap in the face to those who have served to protect freedom. Allowing that individual to be buried alongside truly honorable veterans is not only an injustice, it is disrespectful of the memory of those buried in our military cemeteries and to their families who sacrificed as well. This bill, introduced by Senator Specter, expands the criteria by which a veteran should be denied benefits and although I had planned to introduce such a bill, I am pleased to cosponsor S. 923 to be absolutely certain that any individual convicted of a crime as heinous as the Oklahoma City bombing will never be buried among our Nation's heroes. I thank the Chair and yield the floor.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today, I lend my support of the resolution my colleague Senator Domenici has introduced to bring the quality of Indian education on par with the rest of America. Increasing the quality of education available to our Native American youth will go far in solving many of the problems facing tribal governments and Indian people. This resolution acknowledges that the facts are discouraging. Indian youth lead all ethnic and racial groups in drop-out and poverty rates. Their juvenile delinquency rate continues to grow faster than the rest of young people in America. Both Indian reservation and Bureau of Indian Affairs schools are severely underfunded from a programmatic standpoint. These schools attempt to provide services to their children in spite of substandard facilities--facilities that no parent should have to send their child to and that no teacher should have to work in. These schools are understaffed and Indian educators are sorely underpaid. As this resolution makes clear, the United States has a moral and legal obligation to provide or aid tribal governments in providing quality education to American Indian and Alaskan Native youth. This responsibility is recognized in treaties, Executive orders, court decisions, and statutes. Yet, the disturbing facts that I have just mentioned make it clear that this obligation is not being met. It is my hope that this resolution will be the first step in building awareness of the current state of Indian education that will allow us to focus on a pragmatic solution. The importance of Indian education cannot be overstated. It holds the key to solving the most prevalent and devastating problems in Indian country: grinding poverty and the absence of opportunity for Indian youth. I am drafting legislation to address the unemployment problem on reservations by helping tribes create jobs and attract businesses. But in addition to a lack of capital and an abundance of regulatory obstacles, tribes face the challenge of filling jobs with trained people. Education and job creation must go hand-in-hand if tribes are to improve the standard of living for their members. Only through education will Indian tribes be able to solve problems such as unemployment, economic development, and achieving higher standards of living. At a recent Indian Affairs Committee hearing, a member of the Office of Juvenile Justice stated in his testimony that ``while violent crime is falling in American cities, it is rising on American Indian reservations.'' Additionally, a report released by the Federal Law Enforcement Training Center reveals that over the past 5 years gang related crimes, in the form of drive-by-shootings and homicides, have increased by more than 500 percent in some Indian communities. Mr. President, it must be understood that many of the problems facing Indian youth today center on the erosion of their culture. Too often, Indian children lack pride in who they are, where they live, and where they come from. This lack of self-esteem has caused consequences that ripple through the lives of Indian youth such as high drop-out rates and a growing juvenile delinquency and gang problem. As we resolve to better the quality of education for Indian children, we must strive to do so while acknowledging the importance of promoting Indian culture. Mr. President, as the 105th Congress proceeds, I urge my colleagues to join in supporting this resolution.