Ben Campbell

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I rise today to introduce the Good Samaritan Abandoned and Inactive Mine Reclamation Act of 2003. I have been involved with efforts to clean up abandoned hardrock mines for a long time. In fact, I was an original cosponsor of a bill in the 106th Congress. The Western Governors Association regarded that the bill as a first step in the right direction, and I am proud to build and improve upon that experience in crafting my own legislation. Abandoned hardrock mines pose significant environmental and safety hazards to communities across the Western United States. In fact, the Western Governor's Association concluded that there are at least 400,000 such sites across the West, many of which cover our public lands. The history of abandoned hardrock mines is linked to government policies promoting the westward expansion of our Nation, and Federal policies during times of war. Due to the historic nature of these sites, the party responsible for the environmental problem is not always identifiable or not economically viable to be compelled to clean up the site. Abandoned mine lands (AMLs) are areas adjacent to or affected by abandoned mines. They often contain unmined mineral deposits, mine dumps, and tailings that contaminate the surrounding watershed and ecosystem. Streams near AML sites--including many in Colorado--may contain metals or be so acidic that fish and aquatic insects cannot live in them. Water too polluted for fish and insects is also water too polluted for people. Further, abandoned mine sites pose very real safety hazards for folks enjoying the West's wild lands. Although abandoned hardrock mining in the West goes back a hundred years, the Clean Water Act has only been in existence for thirty. The Clean Water Act was an important and historic piece of legislation that did a lot of good, but it failed to promote the reclamation of abandoned hardrock mine sites. In fact, if an environmental group or county or interested party wanted to clean an abandoned mine site, they would incur liability under the Act. The Western Governors Association has repeatedly called on Congress to amend the Clean Water Act's National Pollutant Discharge Elimination System permit program. The WGA stated that the NPDES program ``has become an overwhelming disincentive for any voluntary cleanup efforts of AMLs because of the liability that can be inherited for any discharges from an abandoned mine site remaining after cleanup, even though the volunteering remediating party had no previous responsibility or liability for the site, and has reduced the water quality impacts from the site by completing a cleanup project.'' My bill recognizes that there are a lot of good, responsible folks across our Western communities who recognize the environmental harm that AMLs pose and finally gives them the tools to do something about it. My bill establishes a ``Good Samaritan'' permit program under the Clean Water Act, administered by the EPA or a State-approved agency allowing an applicant to develop a strategy to remediate an affected area, and be granted a permit to do the work without penalizing them for their good deed. In order to be granted a Good Samaritan permit, my bill requires an applicant to meet comprehensive standards ensuring that they have the financial and technical resources to get the job done. An applicant must establish remediation and monitoring schedules for the clean up project and identify funding sources to carry out the plan. My bill's goal is to promote the clean-up of abandoned hardrock mines. Therefore, it allows communities, interest stakeholder groups, and corporations, as coalitions or individually to be ``Good Samaritans.'' The transparent and publicly open permit application process helps to ensure that permit holders are acting in good faith and have the technical and financial wherewithal to get the job done. Further, if a permit holder is found to have violated the terms of the permit, he or she could lose their liability protection and subject to an enforcement action. The West's States, communities, and interested parties have been prevented from cleaning up their own communities for far too long. My bill provides a transparent, flexible, and enforceable permit system that removes the unintentional liability associated with abandoned hardrock mine cleanup. I look forward to working with my colleagues on speedy passage of this important legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I rise today to introduce the Good Samaritan Abandoned and Inactive Mine Reclamation Act of 2003. I have been involved with efforts to clean up abandoned hardrock mines for a long time. In fact, I was an original cosponsor of a bill in the 106th Congress. The Western Governors Association regarded that the bill as a first step in the right direction, and I am proud to build and improve upon that experience in crafting my own legislation. Abandoned hardrock mines pose significant environmental and safety hazards to communities across the Western United States. In fact, the Western Governor's Association concluded that there are at least 400,000 such sites across the West, many of which cover our public lands. The history of abandoned hardrock mines is linked to government policies promoting the westward expansion of our Nation, and Federal policies during times of war. Due to the historic nature of these sites, the party responsible for the environmental problem is not always identifiable or not economically viable to be compelled to clean up the site. Abandoned mine lands (AMLs) are areas adjacent to or affected by abandoned mines. They often contain unmined mineral deposits, mine dumps, and tailings that contaminate the surrounding watershed and ecosystem. Streams near AML sites--including many in Colorado--may contain metals or be so acidic that fish and aquatic insects cannot live in them. Water too polluted for fish and insects is also water too polluted for people. Further, abandoned mine sites pose very real safety hazards for folks enjoying the West's wild lands. Although abandoned hardrock mining in the West goes back a hundred years, the Clean Water Act has only been in existence for thirty. The Clean Water Act was an important and historic piece of legislation that did a lot of good, but it failed to promote the reclamation of abandoned hardrock mine sites. In fact, if an environmental group or county or interested party wanted to clean an abandoned mine site, they would incur liability under the Act. The Western Governors Association has repeatedly called on Congress to amend the Clean Water Act's National Pollutant Discharge Elimination System permit program. The WGA stated that the NPDES program ``has become an overwhelming disincentive for any voluntary cleanup efforts of AMLs because of the liability that can be inherited for any discharges from an abandoned mine site remaining after cleanup, even though the volunteering remediating party had no previous responsibility or liability for the site, and has reduced the water quality impacts from the site by completing a cleanup project.'' My bill recognizes that there are a lot of good, responsible folks across our Western communities who recognize the environmental harm that AMLs pose and finally gives them the tools to do something about it. My bill establishes a ``Good Samaritan'' permit program under the Clean Water Act, administered by the EPA or a State-approved agency allowing an applicant to develop a strategy to remediate an affected area, and be granted a permit to do the work without penalizing them for their good deed. In order to be granted a Good Samaritan permit, my bill requires an applicant to meet comprehensive standards ensuring that they have the financial and technical resources to get the job done. An applicant must establish remediation and monitoring schedules for the clean up project and identify funding sources to carry out the plan. My bill's goal is to promote the clean-up of abandoned hardrock mines. Therefore, it allows communities, interest stakeholder groups, and corporations, as coalitions or individually to be ``Good Samaritans.'' The transparent and publicly open permit application process helps to ensure that permit holders are acting in good faith and have the technical and financial wherewithal to get the job done. Further, if a permit holder is found to have violated the terms of the permit, he or she could lose their liability protection and subject to an enforcement action. The West's States, communities, and interested parties have been prevented from cleaning up their own communities for far too long. My bill provides a transparent, flexible, and enforceable permit system that removes the unintentional liability associated with abandoned hardrock mine cleanup. I look forward to working with my colleagues on speedy passage of this important legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CAMPBELL. Madam President, speaking for the leader, as in executive session, I ask unanimous consent that at 5:30 p.m. today, the Senate proceed to executive session to consider the following nomination on today's Executive Calendar: Calendar No. 358, the nomination of Larry Burns to be a U.S. District Judge for the Southern District of California. I further ask unanimous consent that the Senate proceed to a vote on the confirmation of the nomination; that following the vote, the President be immediately notified of the Senate's action; and that the Senate then return to legislative session.

Mr. CAMPBELL. I so modify the request.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Thursday, September 25, 2003, at 10 a.m. in room 562 of the Dirksen Senate Office Building to conduct a hearing on the reauthorization of the Head Start Program. Those wishing additional information may contact the Indian Affairs Committee at 224-2251. permanent subcommittee on investigations

Mr. CAMPBELL

Mr. CAMPBELL. Madam President, I suggest the absence of a quorum.

Mr. CAMPBELL. Madam President, I ask unanimous consent that when the Senate proceeds to the consideration of the conference report to accompany H.R. 2657, it be considered under the following time limitation: myself, 10 minutes, Senator Durbin, 10 minutes, and Senator Stevens, 10 minutes. I further ask unanimous consent that following the use or yielding back of time, the conference report be agreed to and the motion to reconsider be laid on the table, with no intervening action or debate.

Mr. CAMPBELL

Mr. CAMPBELL. Madam President, I am pleased to present the conference report to accompany the legislative branch fiscal year 2004 appropriations. I thank Senator Durbin and his staff for all their help and hard work. He was certainly cooperative in this process. I also thank Chairman Stevens, chairman of the full Appropriations Committee, who has been extremely helpful in getting the conference report to the Senate. The legislative branch bill totals $3.549 billion, just 2.5 percent of the fiscal year 2003 level. Highlights of the bill include funding of $220 million for the Capitol Police for a total of 1,592 police officers. In addition, the police would have authority to hire 75 civilian personnel to improve administrative operations and move about 30 officers from desk jobs to field jobs. Funding is included for a mounted horse unit which will provide enumerable benefits for the police department. I understand they are working out an agreement with the Park Service to house the horses with the Park Service horses. The bill also includes language that will move forward the merger of the Library of Congress police force with the U.S. Capitol Police to improve the security of the entire Capitol complex. The Architect of the Capitol: Funds total $405 million, which includes $47.8 million for the Capitol Visitors Center so we can finally move forward and fill up that big hole that is outside our front door. The Visitors Center project funding is partially offset by using unobligated prior year funds. The Library of Congress: Funds total $528 million for the library with funding going to such important programs as the veterans history project and the audio-visual conservation center being built in Culpeper. The Open World Program is funded at $13.5 million. This program has been very successful in showing firsthand democracy and how we lead a country in democratic institutions to emerging Russian leaders and has been expanded to include certain countries of the former Soviet Union. Funds are also included for the General Accounting Office, the Congressional Budget Office, and the Government Printing Office, as well as the House and Senate. The supplemental appropriations portion totals $937.6 million in title III of this bill for the emergency supplemental items, such as additional funding for FEMA, which has been doing such a terrific job facing the number of natural catastrophes we have had in America this last year.

Mr. CAMPBELL. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am introducing legislation which would give Medicare recipients the same hearing care options available to veterans and Senators. Specifically, it would give Medicare beneficiaries direct access to qualified, licensed audiologists. I am pleased to be joined in this effort by my colleague, Senator Tim Johnson. Today, approximately 28 million Americans are hearing disabled. Many of them are older Americans--a statistic that is fast increasing with the aging of the ``baby boomers.'' With 80 to 90 percent of hearing problems not medically or surgically treatable, it seems only reasonable that Medicare patients be allowed to consult with an audiologist without first seeing another provider. It is part of regular audiological practice to refer patients for medical management when clinical indicators are present. In the 1990's, the Department of Veterans Affairs (VA) and the Office of Personnel Management changed their respective healthcare policies to allow for the option of direct access to a licensed audiologist. Earlier this year, I wrote the VA asking if veterans were satisfied with that coverage for audiological services. According to the VA response, ``The policy has provided and continues to provide high quality, cost effective, and successful hearing health care to veterans.'' It is important to point out that this bill would not diminish the important role of medical doctors, or expand the scope of practice for audiology. This legislation is consumer friendly. It will help our elderly and rural citizens who often find it difficult to access health care services. It will provide consistency of policy among Government agencies. That is why I urge my colleagues to act quickly on this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am introducing legislation which would give Medicare recipients the same hearing care options available to veterans and Senators. Specifically, it would give Medicare beneficiaries direct access to qualified, licensed audiologists. I am pleased to be joined in this effort by my colleague, Senator Tim Johnson. Today, approximately 28 million Americans are hearing disabled. Many of them are older Americans--a statistic that is fast increasing with the aging of the ``baby boomers.'' With 80 to 90 percent of hearing problems not medically or surgically treatable, it seems only reasonable that Medicare patients be allowed to consult with an audiologist without first seeing another provider. It is part of regular audiological practice to refer patients for medical management when clinical indicators are present. In the 1990's, the Department of Veterans Affairs (VA) and the Office of Personnel Management changed their respective healthcare policies to allow for the option of direct access to a licensed audiologist. Earlier this year, I wrote the VA asking if veterans were satisfied with that coverage for audiological services. According to the VA response, ``The policy has provided and continues to provide high quality, cost effective, and successful hearing health care to veterans.'' It is important to point out that this bill would not diminish the important role of medical doctors, or expand the scope of practice for audiology. This legislation is consumer friendly. It will help our elderly and rural citizens who often find it difficult to access health care services. It will provide consistency of policy among Government agencies. That is why I urge my colleagues to act quickly on this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I thank Senator McCain for his patience and understanding in this matter and ask to be an original cosponsor of this legislation. The USOC was crying out for reform. There was the mismanagement of funds, poor judgments, and frequent turnover of management. I would like to recognize the USOC's internal efforts for reform. Reform has been long overdue. My opposition to this legislation was to protect not only my constituents, but the USOC employees and athletes training in Colorado Springs, CO, as well. Again and again, I have heard rumblings about moving the headquarters of the USOC to another city, possibly New York City. This would be a terrible mistake and I cannot and will not allow this to happen. The moving expenses would far outweigh the benefits of moving the headquarters and I do not want another dime wasted on the governance and management of the USOC. I cannot, and I do not think that we can make it clear enough: the money raised is first and foremost for the benefit and training of athletes, not for extra cushions on the chairs of those sitting in offices with pretty views of skylines. The costs to the State of Colorado must be recognized too. The presence of the USOC in Colorado Springs generates over $300 million per year in revenue. My State cannot afford taking a hit like that now. To be exact, the USOC generates $315.9 million a year for the Pikes Peak Region; employs over 500 fund-raising staff; is home to 250 Olympic hopefuls, resident athletes in various sports; provides about 4,800 jobs in the Colorado Springs area, directly and indirectly; and serves about 38,000 tourists each year. I would like to point out Colorado's own commitment to the United States Olympic Committee. The Colorado State legislature passed law allowing out-of-State doctors to practice medicine at the center without having to pass a Colorado test for a medical license; passed a law allowing out-of-State athletes at the training center to pay instate college tuition so they could continue their education while training; and created a check-off box on State income tax returns allowing taxpayers to donate $1, which initially raised about $200,000 a year. The argument that moving to a major metropolitan area to have better access to marketing and mass media is completely invalid. NBC agreed to pay $2.2 billion for U.S. television rights to the 2010 Winter Olympic Games and the 2012 Summer Olympic Games. That deal includes a sponsorship by NBC parent company, General Electric, which is based in Connecticut. San Francisco-based VISA continues to support the Olympic movement as does Bank of America, based in Charlotte, NC. Obviously, the USOC is not having any problem securing media coverage or sponsorships. Lastly, I would like to point out Section 834 of Public Law 99-167, passed during the 1st Session of the 99th Congress, in 1985. The current home of the USOC used to be part of Ent Air Force Base in Colorado Springs. Section 834 conveyed land that the USOC had been leasing from the U.S. Air Force to the USOC under the conditions that the property be used by the USOC solely for USOC activities and if it is not used for that purpose, the property shall be repossessed by the Government. This did not imply that the USOC could use it for a while or use it only in part. If the USOC is not going to use it, then the property should be given back to us.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, September 17, 2003, at 10 a.m. in Room 485 of the Russell Senate Office Building to conduct a hearing on S. 420, a bill to provide for the acknowledgement of the Lumbee Tribe of North Carolina, and for other purposes. Those wishing additional information may contact the Indian Affairs Committee at 224-2251. subcommittee on water and power

Mr. CAMPBELL. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, September 24, 2003 to conduct a hearing on S. 1601, the Indian Child Protection and Family Violence Prevention Act of 2003. Those wishing additional information may contact the Indian Affairs Committee at 224-2251.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I want to recognize and congratulate a special group of young Coloradans, the Colorado Storm Royal soccer team. The Colorado Storm Royal is a team in the Under 12 age bracket, U12, and they are coached by Mr. Jim Morrison. Mr. Morrison has coached Colorado youth soccer for the past 17 years and 34 seasons, and has taken his teams to the Western Region tournament eight times. Out of those eight appearances, his teams have reached the final game four times, losing to California teams three previous times and then winning the Championship this past year. The Colorado Storm Royal had a remarkable record the past 10-month period, with 35 wins and 0 losses. They played their games at the Premier 1 level, which in Colorado is the highest level of competitive youth soccer. Their accomplishments are certainly commendable--Undefeated and untied in 35 straight Premier 1 games in Colorado; Colorado State Cup Champions, Western Regional Champions, and they were ranked No. 1 in the United States by National Soccer Rankings.com. The members of this team are all Colorado residents whose families live and work in the Denver area. The commitment by all to make these accomplishments a reality is especially worth noting, because unlike other areas of the country where teams can practice 365 days of the year, we don't have that same luxury in Colorado. So the boys and their families make a concentrated effort to not only remain active in school and throughout the community but also to get to a more limited practice schedule. There are 16 individuals on the Colorado Storm Royal team, and I believe they deserve to be mentioned here today. They are: Anise Abdulgasem, Junior Amaya, Cody Arnold, John Ellison, Matt Hammet, Matthew Hustead, Chris Klebieko, Tyler Lister, Andrew Love, Dirk MacDonald, Matthew Nier, Augustus Ogu, Ryan Rombach, Brendan Roslund, Peter Walker and Charlie Zeller. To these outstanding young players, their families, their coaches, and their supporters, I offer my most sincere congratulations on a winning season and my best wishes for another outstanding season of Colorado soccer. They are examples of what hard work and determination bring when we set ourselves to achieving goals.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to be joined by Senator Inouye to introduce the Indian Needs Assessment and Program Evaluation Act of 2003. Recently, a significant report has been issued that, once again, calls into question the equity and effectiveness of Federal spending on Indian programs. This is not a new problem and the U.S. Civil Rights Commission's report entitled ``A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country'' shows that the volume and methodologies of Federal spending are still both off the mark. The Commission's report found an ongoing failure to provide funds for the health, education and safety of Indian communities at levels equivalent to other U.S. populations and determined that, despite many studies, ``no coordinated, comprehensive Federal effort has been made to audit spending and develop viable solutions.'' The Commission's Report recommended each of the six agencies primarily responsible for delivery of Federal services to Indians to: (1) conduct internal monitoring of its spending and budgeting for Indian programs; (2) ensure better coordination with other agencies; and (3) monitor unmet needs. It also urged Congress to appropriate funds to meet the unmet needs of Indian people and urged the Office of Management and Budget (OMB) to create uniform standards for tracking and spending on Indian programs. The bill I am introducing today will address these ongoing problems and bring a rigorous analysis to the actual needs of Indian people, gauge how Indian programs are funded, and better tailor these programs so that needs are met and programs are carried out in an effective and efficient way. The bill: 1. directs the Secretary of the Interior to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide; 2. requires Federal agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such agencies; 3. directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (a) agency annual expenditures for programs and services for which Indians are eligible/ (b) services or programs specifically for the benefit of Indians; and (c) agency methods of delivery of services and funding; 4. requires Federal agencies responsible for providing services or programs to or for the benefit of tribes of Indians to: (a) file Annual Indian Program Evaluations with specified congressional committees; and (b) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible; 5. directs the Secretary to: (a) report to specified congressional committees on the coordination of Federal program and service assistance for which tribes are eligible; and (b) file a Strategic Plan for the Coordination of Federal Assistance for Indians. I urge my colleagues to join me in supporting this important measure. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL. Mr. President, today I am pleased to be joined by Senator Inouye to introduce the ``Indian Child Protection and Family Violence Prevention Reauthorization Act of 2003'' to combat child abuse in Native American communities. First enacted in 1990, the Indian Child Protection and Family Violence Prevention Act was aimed at prosecutions of Federal and tribal employees for child abuse and issues arising from child abuse and family violence. The act established extensive reporting requirements and character investigations for Federal and tribal employees who have regular contact with Indian children, and provided funding for prevention and treatment programs. Like so many social pathologies, American Indians are victimized by violence more than any other ethnic group. Research also shows that Indian victims of violence by family members or intimate partners are more likely than any other ethnic group to be injured and need hospital care. The act is expiring and needs to be reauthorized, but it also needs to include tougher criteria for background checks and a structured method for tribal assumption of child abuse prevention, prosecution and treatment programs. The bill is designed to improve the ability of the tribes to combat child abuse in their communities, build tribal capacity, and identify the impediments to more effective prevention, investigation and prosecution of child abuse. The bill also authorizes funding for building comprehensive tribal programs, and training and technical assistance--the cornerstones in developing the necessary expertise in the field. The bill will also facilitate establishment of safety measures for child protection workers to reduce unnecessary stress and improve program effectiveness. In its 2002 report entitled ``Violence Against Women: Data on Pregnant Victims and Effectiveness of Prevention Strategies are Limited'', the General Accounting Office cited the Centers for Disease Control and other researchers who found that there was a need for prevention strategies that incorporate cultural perspectives in serving ethnic populations. This bill will promote cultural perspectives by giving special considerations to tribal programs which incorporate traditional healing methods. Abuse by the Federal and tribal employees was the main reason for enacting the 1990 Act, however, employees are not the only ones that come in contact with Indian children. The bill I am introducing today will expand the scope of positions subject to character investigations and include contractors who have regular contact with Indian children. This bill clarifies the requirement that all positions within the Departments of Interior and HHS--not simply the Bureau of Indian Affairs and Indian Health Service--that have regular contact with children must undergo character investigations. I ask Unanimous Consent that the text of the bill be printed in the Record and urge my colleagues to join me in supporting this important measure.

Mr. CAMPBELL

Mr. CAMPBELL. Madam President, as a Native American, artist and craftsman, it is an honor for me to speak today in recognition of the 65th anniversary of the Indian Arts and Crafts Shop at the U.S. Department of the Interior. Established with the help of the Indian Arts and Crafts Board, the Crafts Room first opened its doors in 1938 and has served as an outlet for Native American artists to market their excellent products to the world. With the help of the Indian Crafts Shop, today's market for Indian- made goods is roughly $1 billion, with thousands of Native American artists creating authentic arts and crafts conveying the beauty of the Native culture to the peoples of the world. Native art and crafts not only employs thousands of Indian country's best and most prolific artists, but educates non-Native people about the ways and culture of the Native American population. Throughout its history, the Indian Crafts Shop has showcased Native art that represents generations of Native people, their culture and heritage from every region of the United States. The shop assists in efforts to protect Indian cultural heritage and strives to ensure that Native-made goods are recognized for their artistic tradition and fine craftsmanship. The Indian Craft Shop has 65 successful years behind it, and I look forward to its continuing success in supporting Native artists and people nationwide.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to be joined by Senator Inouye in introducing the Indian Gaming Regulatory Act Amendments of 2003 to amend and update the act. In amending the Indian Gaming Regulatory Act of 1988 (IGRA) it is important to keep in mind the twin aims of the act: to ensure that gaming continues to be a tool for Indian economic development; and to ensure that the games conducted are kept free from corrupting forces to maintain the integrity of the industry. This bill will update the IGRA by clarifying how vacancies in the National Indian Gaming Commission (NIGC) are filled; revising the NIGC statutory rates of pay to correspond with other current Federal rates of pay; and expanding the NIGC's reporting requirements to Congress. The bill also clarifies the act by making the Johnson Act inapplicable to class II technological aids to bring it in line with the original intent of Congress in 1988. The bill also requires background checks on class III management contractors, management employees, and gaming commissioners. When the IGRA was enacted in 1988, Indian gaming was mainly high stakes bingo operations, known as ``class II gaming'' under the act. Virtually no one thought Indian gaming would become the $14.5 billion dollar industry that it is today, providing tribes with resources for development and employment opportunities where none previously existed. In response to this success, questions have been raised--some legitimate, some not--about the efficacy of regulation within the industry. This bill requires that the NIGC and the gaming tribes develop and implement a system of minimum internal control, background investigation and licensing standards for all tribes that operate class II and class III gaming. The bill would also ensure that the NIGC has the resources it needs to fulfill its regulatory duties by increasing the fee cap 50 percent over the next six years. With that budgetary increase, and prior to levying any fees, the NIGC would be required to determine and take into account the nature and level of any tribal or joint tribal-state regulatory activities and to reduce the fees assessed accordingly. The bill will enable the NIGC to provide technical assistance and training to Indian tribes. The NIGC would be authorized to expend the civil fines it recoups for violations of the IGRA for these purposes. The last substantive reform in the bill goes to the very heart of the act--economic development for Indian tribes. Because of gaming, some tribes have been very successful, employing thousands of people, both Indian and non-Indian, and reducing poverty and the welfare rolls in their areas. This success has attracted the attention of other governments, cash- strapped and hungry for new revenues. Many States are looking to gaming tribes to help eliminate their deficits, and some States are reportedly refusing to enter or renew compacts required under IGRA until tribes agree to revenue sharing provisions. Congress never envisioned that kind of pressure would be applied to tribes and, keeping these facts and the goals of IGRA in mind, the bill includes provisions to ensure that tribal gaming revenues are first used to meet the needs of tribal governments and their members. Only after satisfying those needs, would States and tribes be able to negotiate a revenue-sharing agreement. To encourage States and tribes to negotiate, the bill requires the Secretary to perform her existing responsibilities under the act within 90 days and, at the back end, when existing compacts are up for renewal, the bill provides a 180 day grace period beyond the expiration date of compacts to encourage tribal-State agreements. I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to be joined by Senator Inouye in introducing the Indian Gaming Regulatory Act Amendments of 2003 to amend and update the act. In amending the Indian Gaming Regulatory Act of 1988 (IGRA) it is important to keep in mind the twin aims of the act: to ensure that gaming continues to be a tool for Indian economic development; and to ensure that the games conducted are kept free from corrupting forces to maintain the integrity of the industry. This bill will update the IGRA by clarifying how vacancies in the National Indian Gaming Commission (NIGC) are filled; revising the NIGC statutory rates of pay to correspond with other current Federal rates of pay; and expanding the NIGC's reporting requirements to Congress. The bill also clarifies the act by making the Johnson Act inapplicable to class II technological aids to bring it in line with the original intent of Congress in 1988. The bill also requires background checks on class III management contractors, management employees, and gaming commissioners. When the IGRA was enacted in 1988, Indian gaming was mainly high stakes bingo operations, known as ``class II gaming'' under the act. Virtually no one thought Indian gaming would become the $14.5 billion dollar industry that it is today, providing tribes with resources for development and employment opportunities where none previously existed. In response to this success, questions have been raised--some legitimate, some not--about the efficacy of regulation within the industry. This bill requires that the NIGC and the gaming tribes develop and implement a system of minimum internal control, background investigation and licensing standards for all tribes that operate class II and class III gaming. The bill would also ensure that the NIGC has the resources it needs to fulfill its regulatory duties by increasing the fee cap 50 percent over the next six years. With that budgetary increase, and prior to levying any fees, the NIGC would be required to determine and take into account the nature and level of any tribal or joint tribal-state regulatory activities and to reduce the fees assessed accordingly. The bill will enable the NIGC to provide technical assistance and training to Indian tribes. The NIGC would be authorized to expend the civil fines it recoups for violations of the IGRA for these purposes. The last substantive reform in the bill goes to the very heart of the act--economic development for Indian tribes. Because of gaming, some tribes have been very successful, employing thousands of people, both Indian and non-Indian, and reducing poverty and the welfare rolls in their areas. This success has attracted the attention of other governments, cash- strapped and hungry for new revenues. Many States are looking to gaming tribes to help eliminate their deficits, and some States are reportedly refusing to enter or renew compacts required under IGRA until tribes agree to revenue sharing provisions. Congress never envisioned that kind of pressure would be applied to tribes and, keeping these facts and the goals of IGRA in mind, the bill includes provisions to ensure that tribal gaming revenues are first used to meet the needs of tribal governments and their members. Only after satisfying those needs, would States and tribes be able to negotiate a revenue-sharing agreement. To encourage States and tribes to negotiate, the bill requires the Secretary to perform her existing responsibilities under the act within 90 days and, at the back end, when existing compacts are up for renewal, the bill provides a 180 day grace period beyond the expiration date of compacts to encourage tribal-State agreements. I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. CAMPBELL. Mr. President, I am pleased to be join by Senator Inouye in introducing the Tribal Government Tax Exempt Bond Fairness Act of 2003. This bill will assist Indian tribes raise capital in the private markets for purposes of job creation and economic development. The bill complements the other economic development initiative I am introducing today to discipline Federal programs aimed to help tribes strengthen their economies. While making modest adjustments in current law, this bill will have far-reaching and positive effects for tribal governments and their members around the Nation. The fact is that like State governments, tribal governments are responsible for a host of services not only to their members but to non-members who live on or hear their lands. These services include fire, police and ambulance service, road and bridge maintenance, and a host of social services. Unlike State governments, however, tribal governments face severe restrictions in their ability to finance development through debt instruments. The law forbids tribes from issuing tax-exempt bonds for any project unless it can meet the so-called ``essential government function'' test. That is, in order for the holder of a tribal bond issue to receive income from that bond exempt from Federal tax, it must be issued for activities that are ``governmental'' in nature. Examples of the kinds of projects that have been ruled by the Internal Revenue Service as falling outside this test are tribal convention centers, hotels, and golf courses. State governments are not limited by the ``essential government function'' test when they issue tax-exempt debt. The bill I am introducing today will eliminate the disparate treatment tribes now receive. Armed with this bonding authority, tribal governments will strengthen their economies, provide for their members and others, and lessen their reliance on Federal programs and services. These are all worthy goals and I urge my colleagues to join me in supporting this bill. I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. CAMPBELL. Mr. President, I am pleased to be joined by Senator Inouye in introducing a bill to assist Indian tribes in their efforts to strengthen their economies. Despite recent success some Indian tribes have had with gaming, tourism and natural resource development, the fact is that most tribes still suffer high unemployment, intense poverty and a lack of physical infrastructure. Most tribal economies continue to perform poorly despite the expenditure of hundreds of millions--even billions--of Federal dollars over the years by the Departments of Agriculture, Commerce, Defense, Interior, Labor, and others. The core problem is not the amount of dollars, but rather how they are being spent. Numerous hearings by the Committee on Indian Affairs and several General Accounting Office (GAO) reports show that most Federal efforts are poorly timed and coordinated and lack the kind of tribal decision- making to make the efforts succeed. The bill we are introducing today will go a long way in fixing these problems. The principles that guide the bill are not new. In 1970 President Nixon issued his ``Special Message to Congress on Indian Affairs'' that called for significant changes in Federal Indian policy. Nixon saw that Indians were not in command of the Federal programs and services meant for their benefit and he launched a quiet revolution in Federal Indian policy. The Indian Self-Determination and Education Assistance Act of 1975 authorizes Indian tribes and tribal consortia to ``step into the shoes'' of the Federal government to administer programs and services historically provided by the United States. Currently, one-half of the programs and services of the Bureau of Indian Affairs and the Indian Health Service are now contracted by Indian tribes and consortia. Tribal decisionmaking is paramount, service quality has improved, and tribal capacity has been enhanced significantly. This bill will expand the principles of Indian self-determination to have the tribes--not the Federal bureaucracy--determine which programs and services should be brought to bear in an integrated and coordinated way to bring hope, jobs, and strengthened economies to their communities. I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I am pleased to be join by Senator Inouye in introducing the Tribal Government Tax Exempt Bond Fairness Act of 2003. This bill will assist Indian tribes raise capital in the private markets for purposes of job creation and economic development. The bill complements the other economic development initiative I am introducing today to discipline Federal programs aimed to help tribes strengthen their economies. While making modest adjustments in current law, this bill will have far-reaching and positive effects for tribal governments and their members around the Nation. The fact is that like State governments, tribal governments are responsible for a host of services not only to their members but to non-members who live on or hear their lands. These services include fire, police and ambulance service, road and bridge maintenance, and a host of social services. Unlike State governments, however, tribal governments face severe restrictions in their ability to finance development through debt instruments. The law forbids tribes from issuing tax-exempt bonds for any project unless it can meet the so-called ``essential government function'' test. That is, in order for the holder of a tribal bond issue to receive income from that bond exempt from Federal tax, it must be issued for activities that are ``governmental'' in nature. Examples of the kinds of projects that have been ruled by the Internal Revenue Service as falling outside this test are tribal convention centers, hotels, and golf courses. State governments are not limited by the ``essential government function'' test when they issue tax-exempt debt. The bill I am introducing today will eliminate the disparate treatment tribes now receive. Armed with this bonding authority, tribal governments will strengthen their economies, provide for their members and others, and lessen their reliance on Federal programs and services. These are all worthy goals and I urge my colleagues to join me in supporting this bill. I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I am pleased to be joined by Senator Inouye in introducing a bill to assist Indian tribes in their efforts to strengthen their economies. Despite recent success some Indian tribes have had with gaming, tourism and natural resource development, the fact is that most tribes still suffer high unemployment, intense poverty and a lack of physical infrastructure. Most tribal economies continue to perform poorly despite the expenditure of hundreds of millions--even billions--of Federal dollars over the years by the Departments of Agriculture, Commerce, Defense, Interior, Labor, and others. The core problem is not the amount of dollars, but rather how they are being spent. Numerous hearings by the Committee on Indian Affairs and several General Accounting Office (GAO) reports show that most Federal efforts are poorly timed and coordinated and lack the kind of tribal decision- making to make the efforts succeed. The bill we are introducing today will go a long way in fixing these problems. The principles that guide the bill are not new. In 1970 President Nixon issued his ``Special Message to Congress on Indian Affairs'' that called for significant changes in Federal Indian policy. Nixon saw that Indians were not in command of the Federal programs and services meant for their benefit and he launched a quiet revolution in Federal Indian policy. The Indian Self-Determination and Education Assistance Act of 1975 authorizes Indian tribes and tribal consortia to ``step into the shoes'' of the Federal government to administer programs and services historically provided by the United States. Currently, one-half of the programs and services of the Bureau of Indian Affairs and the Indian Health Service are now contracted by Indian tribes and consortia. Tribal decisionmaking is paramount, service quality has improved, and tribal capacity has been enhanced significantly. This bill will expand the principles of Indian self-determination to have the tribes--not the Federal bureaucracy--determine which programs and services should be brought to bear in an integrated and coordinated way to bring hope, jobs, and strengthened economies to their communities. I ask unanimous consent that a copy of the bill be printed in the Record.