John McCain

Mr. McCAIN

Mr. McCAIN. Mr. President, today I am pleased to be joined by Senators Feingold, Collins, and Lieberman in introducing a bill to provide greater transparency into the process of influencing our Government, and to ensure greater accountability among public officials. The legislation proposes a number of important and necessary reforms. It would provide for faster reporting and greater public access to reports filed by lobbyists and their employers under current law. It would require greater disclosure of lobbyists' contributions and payments to lawmakers and entities associated with them, as well as fundraising and other events they host. the bill also would require greater disclosure from both lobbyists, and Members and employees of Congress, of travel that is arranged or financed by a lobbyist or his client. To address the problem of the revolving door between Government and the private sector, the bill would strengthen the lobbying restrictions on former senior members of the Executive Branch, former Members of Congress, and former senior congressional staff. It would require that Members publicly disclose negotiations they are having with prospective private employers to ensure there is no conflict of interests. The bill also would modify the provision in current law that exempts former Federal employees who go to work for Indian tribes as outside lobbyists and agents from the revolving door laws. The bill would prohibit all gifts from lobbyists to lawmakers and their staff. To ensure that such a ban is not circumvented, the bill also would require Members of Congress and their staff to pay the fair market value for travel on private planes and the fair market value of sports and entertainment tickets. Members and staff would also have to post the details of their privately-sponsored work trips on-line for public inspection. The bill would establish an independent, non-partisan Office of Public Integrity. Armed with a number of investigative tools, the Office of Public Integrity would investigate alleged misconduct by Members and their staff and make appropriate recommendations to the Senate Ethics Committee for final disposition. Finally, the bill would help us combat wasteful, porkbarrel spending. It would amend Congressional rules to allow lawmakers to challenge unauthorized appropriations, earmarks, and policy riders in appropriations bills. Mr. President, when I introduced similar legislation over a year ago, I regretted that such reform was even necessary. And, I voted against the bill that was ultimately passed in the Senate because it lacked a number of elements essential to true reform. Unfortunately, the need for such reform has only become more acute. The American people's faith and confidence in this venerable institution has steadily eroded. The day after the mid-term elections, CNN reported that, according to national exit polls, voters were concerned about corruption and ethics in Government more than any other issue. I can tell you the polls, if not spot on, are not far off. During my travels around the country last year, it quickly became clear that there is a deep perception that we legislators do not act on the priorities of the American people, that special interests, and not the people's interests, guide our legislative hand. This loss in confidence is not limited to a single party or ideology; rather, it cuts across the spectrum. It is a perception bred by recent Congressional failures and scandals, which I need not chronicle here. We can begin to restore faith in this institution by divesting ourselves of some of the perks and privileges that have somehow crept into public service. Take, for example, free meals and sports and entertainment tickets. The American people have rightfully come to see the abuse of such perks as a corrupting influence. In a string of guilty pleas last year, several lobbyists, former congressional aides, and a congressman admitted that such gifts were used as bribes. Quite frankly, there is no good reason why Members of Congress and their staff cannot forgo such gifts from lobbyists. No one would seriously contend that they are necessary for us to conduct the people's business. A total gift ban would go a long way towards restoring the public's confidence in us. Another critical aspect requiring reform is the ability of a Member to travel on a corporate jet and only pay the rate of a first class plane ticket. This bill requires Senators and their employees who use corporate or charter aircraft to pay the fair market value for that travel. While I appreciate that such a change is not popular with some of my colleagues, the time has come to fundamentally change the way we do things in this town. Much of the public views our ability to travel on corporate jets, often accompanied by lobbyists, while only reimbursing the first-class rate, as a huge loophole in the current gift rules. And they are right--it is. I have no doubt that the average American would love to fly around the country on very comfortable corporate-owned aircraft and only be charged the cost of a first-class ticket. It is a pretty good deal we have got going here. We need to face the fact that the time has come to end this Congressional perk. At a time when the public is questioning our integrity, the Senate needs to more aggressively enforce its own rules. We can do this not just by making more public the work that the Senate Ethics Committee currently undertakes, but by addressing the conflict that is inherent in any body that regulates itself. That is why I am again proposing the creation of a new Office of Public Integrity with the capacity to initiate and conduct investigations, uncolored by partisan concerns and unconstrained by collegial relationships. Finally, Mr. President, if we are truly serious about reform, we need to address what some have coined the currency of corruption--earmarks. In 1994, there were 4,126 earmarks. In 2005, there were 15,877--an increase of nearly 400 percent! But there was a little good news for 2006 solely due to the good sense that occurred unexpectedly when the Labor HHS appropriations bill was approved with almost no earmarks, an amazing feat given that there were over 3,000 earmarks the prior year for just that bill. Yet despite this first reduction in 12 years, it does not change the fact that the largest number of earmarks have still occurred in the last three years--2004, 2005, and 2006. Now, let us consider the level of funding associated with those earmarks. The amount of earmarked funding increased from $23.2 billion in 1994 to $64 billion in FY 2006. Remarkably, it rose by 34 percent from 2005 to 2006, even though the number of earmarks decreased! Earmarked dollars have doubled just since 2000, and more than tripled in the last 10 years. This explosion in earmarks led one lobbyist to deride the appropriations committees as favor factories. The time for us to fix this broken process is long overdue. Mr. President, this past election, the American people sent a clear message: clean up the way business is done in our capitol. As faithful public servants, we are obligated to respond. Let us respond meaningfully, to assure the American people that we are here promoting the interests of main street over that of K Street, and that we are more interested in public service than the perks and privileges offered us. Let us also remind ourselves that we came here in the sincere belief that public service is a noble calling, a reward unto itself. I therefore urge my colleagues in joining me on this bill. I think our Nation and this venerable institution will be all the better for it.

Mr. McCAIN. Mr. President, I am please to be joined by my colleague, Senator Kyl, in reintroducing a bill to designate Fossil Creek as a Wild and Scenic River. A companion measure is being introduced today by Congressman Renzi and other members of the Arizona congressional delegation. Fossil Creek is a thing of beauty. With its picturesque scenery, lush riparian ecosystem, unique geological features, and deep iridescent blue pools and waterfalls, this tributary to the Wild and Scenic Verde River and Lower Colorado River Watershed stretches 14 miles through east central Arizona. It is home to a wide variety of wildlife, some of which are threatened or endangered species. Over 100 bird species inhabit the Fossil Creek area and use it to migrate between the range lowlands and the Mogollon-Colorado Plateau highlands. Fossil Creek also supports a variety of aquatic species and is one of the few perennial streams in Arizona with multiple native fish. Fossil Creek was named in the 1800's when early explorers described the fossil-like appearance of creek-side rocks and vegetation coated with calcium carbonate deposits from the creek's water. In the early 1900's, pioneers recognized the potential for hydroelectric power generation in the creek's constant and abundant spring fed base-flow. They claimed the channel's water rights and built a dam system and generating facilities known as the Childs-Irving hydro-project. Over time, the project was acquired by Arizona Public Service (APS), one of the state's largest eclectic utility providers serving more than a million Arizonans. Because Childs-Irving produced less then half of 1 percent of the total power generated by APS, the decision was made ultimately to decommission the aging dam and restore Fossil Creek to its pre-settlement conditions. APS has partnered with various environmental groups, federal land managers, and state, tribal and local governments to safely remove the Childs-Irving power generating facilities and restore the riparian ecosystem. In 2005, APS removed the dam system and returned full flows to Fossil Creek. Researchers predict Fossil Creek will soon become a fully regenerated Southwest native fishery providing a most-valuable opportunity to reintroduce at least six Threatened and Endangered native fish species as well as rebuild the native populations presently living in the creek. There is a growing need to provide additional protection and adequate staffing and management at Fossil Creek. Recreational visitation to the riverbed is expected to increase dramatically, and by the Forest Service's own admission, they aren't able to manage current levels of visitation or the pressures of increased use. While responsible recreation and other activities at Fossil Creek are to be encouraged, we must also ensure the long-term success of the ongoing restoration efforts. Designation under the Wild and Scenic Rivers Act would help to ensure the appropriate level of protection and resources are devoted to Fossil Creek. Already, Fossil Creek has been found eligible for Wild and Scenic designation by the Forest Service and the proposal has widespread support from surrounding communities. All of the lands potentially affected by a designation are owned and managed by the Forest Service and will not affect private property owners. Fossil Creek is a unique Arizona treasure, and would benefit greatly from the protection and recognition offered through Wild and Scenic designation. I urge my colleagues to support this bill.

Mr. McCAIN. Mr. President, today I am introducing the Indian Tribes Methamphetamine Reduction Grants Act of 2007. This bill is identical to S. 4113, a bipartisan measure that was passed by unanimous consent in the Senate on December 8, 2006, the last day of the 109th Congress. The legislation would allow Indian tribes to be eligible for funding through the Department of Justice to eradicate the scourge of methamphetamine use, sale and manufacture in Native American communities. I am pleased to be joined by Senators Dorgan, Baucus, Grassley, Reid, Feinstein, and Feingold in introducing this important legislation. The impacts of methamphetamine use on communities across the Nation are well known and cannot be overstated. Methamphetamine is the leading drug-related law enforcement problem in the country. Unfortunately, the meth crisis is affecting Indian Country most severely. Very serious concerns have been raised by the U.S. Department of Justice, States, and other non-tribal law enforcement agencies over the rapidly growing levels of methamphetamine production and trafficking on reservations with large geographic areas or tribes adjacent to the U.S.-Mexico border. But because of the sovereign status of the tribes, criminals are generally not subject to state jurisdiction in many cases. As a result, local law enforcement often has no jurisdiction in Indian country, and tribal law enforcement agencies bear the brunt of most law enforcement functions. The problem of meth in Indian country, which the National Congress of American Indians identified last year as its top priority, is ubiquitous, and has strained already overburdened law enforcement, health, social welfare, housing, and child protective and placement services on Indian reservations. Last year a former tribal judge on the Wind River Reservation in Wyoming pled guilty to conspiracy to distribute methamphetamine and other drugs. The day before, the Navajo Nation police arrested an 81 year old grandmother, her daughter, and her granddaughter, for selling meth. One tribe in Arizona had over 60 babies born with meth in their systems. In 2005, the National Indian Housing Council expanded its training for dealing with meth in tribal housing: the average cost of decontaminating a single residence that has been used a meth lab is $10,000. During the 109th Congress, as the Chairman of the Senate Indian Affairs Committee, I held hearings on this serious matter. Committee witnesses testified that the methamphetamine epidemic in Indian country has contributed to a rise in child abuse and neglect cases, among other social ills, and some tribes reported dramatic increases in suicide rates among young people linked to methamphetamine use. Following our hearings, I was pleased to work with Senators Dorgan, Sessions, Bingaman and others in improving upon our legislation to assist Indian Country in fighting this terrible drug crisis. To avoid any potential misinterpretation of the intent of this legislation, this bill includes language developed and agreed to during the last Congress that is designed to clarify the intent of the bill. This clarifying language, provided in section 2(a)(4) of the bill, is intended to make it clear that by authorizing the Department of Justice's Bureau of Justice Assistance to award grant funds to a state, territory or Indian tribe to ``investigate, arrest and prosecute individuals'' involved in illegal methamphetamine activities, the legislation does not somehow authorize a grantee state, territory or Indian tribe to pursue law enforcement activities that it otherwise has no jurisdiction to pursue. And similarly, this provision also clarifies that an award or denial of a grant by the Bureau of Justice Assistance does not somehow allow a state, territory or Indian tribe to pursue law enforcement activities that it otherwise lacks jurisdiction to pursue. For example, a law enforcement agency in one state, territory or Indian reservation is not somehow enabled by this section, or by an award made pursuant to this section, to prosecute a methamphetamine crime arising in some other jurisdiction unless that agency already has such jurisdiction. The legislation further clarifies that authority under the bill to award grants would have no effect beyond simply authorizing, awarding or denying a grant of funds to a state, territory or Indian tribe. So, for example, if a state, territory or Indian tribe is awarded or denied a grant of funds under this section, that award or denial has no relevance to or effect on the eligibility of the state, territory or Indian tribe to participate in any other program or activity unrelated to the award or denial of grants as permitted under this legislation. The award or denial of a grant under this subsection, in other words, is relevant only to the award or denial of the grant under this subsection, and nothing else. The measure I am introducing today takes but a small step on the long journey toward our fight against methamphetamine. I encourage my colleagues to support it.

Mr. McCAIN. Mr. President, today I am pleased to be joined by Senators Stevens and Dorgan in introducing the Professional Boxing Amendments Act of 2007. This legislation is virtually identical to a measure approved unanimously by the Senate in 2005. I remain committed to moving the Professional Boxing Amendments Act through the Senate and I trust that my colleagues will once again vote favorably on this important legislation. Simply put, this legislation would better protect professional boxing from the fraud, corruption, and ineffective regulation that have plagued the sport for far too many years, and that have devastated physically and financially many of our Nation's professional boxers. For almost a decade, Congress has made efforts to improve the sport of professional boxing and for very good reason. With rare exception, professional boxers come from the lowest rung on our economic ladder. Often they are the least educated and most exploited athletes in our nation. The Professional Boxing Safety Act of 1996 and the Muhammad Ali Boxing Reform Act of 2000 established uniform health and safety standards for professional boxers, as well as basic protections for boxers against the sometimes coercive, exploitative, and unethical business practices of promoters, managers, and sanctioning organizations. But further action is needed. The Professional Boxing Amendments Act would strengthen existing Federal boxing law by improving the basic health and safety standards for professional boxers, establishing a centralized medical registry to be used by local commissions to protect boxers, reducing the arbitrary practices of sanctioning organizations, and enhancing the uniformity and basic standards for professional boxing contracts. Most importantly, this legislation would establish a Federal regulatory entity to oversee professional boxing and set basic uniform standards for certain aspects of the sport. Current law has improved to some extent the state of professional boxing. However, I remain concerned, as do many others, that the sport remains at risk. In 2003, the Government Accountability Office (GAO) spent more than six months studying ten of the country's busiest State and tribal boxing commissions. Government auditors found that many State and tribal boxing commissions still do not comply with Federal boxing law, and that there is a troubling lack of enforcement by both Federal and State officials. Ineffective and inconsistent oversight of professional boxing has contributed to the continuing scandals, controversies, unethical practices, and unnecessary deaths in the sport. These problems have led many in professional boxing to conclude that the only solution is an effective and accountable Federal boxing commission. The Professional Boxing Amendments Act would create such an entity. Professional boxing remains the only major sport in the United States that does not have a strong, centralized association, league, or other regulatory body to establish and enforce uniform rules and practices. Because a powerful few benefit greatly from the current system of patchwork compliance and enforcement of Federal boxing law, a national self-regulating organization though preferable to Federal government oversight is not a realistic option. This bill would establish the United States Boxing Commission, USBC or Commission. The Commission would be responsible for protecting the health, safety, and general interests of professional boxers. The USBC would also be responsible for ensuring uniformity, fairness, and integrity in professional boxing. More specifically, the Commission would administer Federal boxing law and coordinate with other Federal regulatory agencies to ensure that this law is enforced; oversee all professional boxing matches in the United States; and work with the boxing industry and local commissions to improve the safety, integrity, and professionalism of professional boxing in the United States. The USBC would also license boxers, promoters, managers, and sanctioning organizations. The Commission would have the authority to revoke such a license for violations of Federal boxing law, to stop unethical or illegal conduct, to protect the health and safety of a boxer, or if the revocation is otherwise in the public interest. Mr. President, it is important to state clearly and plainly for the record that the purpose of the USBC is not to interfere with the daily operations of State and tribal boxing commissions. Instead, the Commission would work in consultation with local commissions, and it would only exercise its authority when reasonable grounds exist for such intervention. In point of fact, the Professional Boxing Amendments Act states explicitly that it would not prohibit any boxing commission from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing to the extent not inconsistent with the provisions of Federal boxing law. Let there be no doubt, however, of the very basic and pressing need in professional boxing for a Federal boxing commission. The establishment of the USBC would address that need. The problems that plague the sport of professional boxing undermine the credibility of the sport in the eyes of the public and--more importantly--compromise the safety of boxers. The Professional Boxing Amendments Act provides an effective approach to curbing these problems. I urge my colleagues to support this legislation.

Mr. McCAIN. Mr. President, I am pleased to be joined today by Senators Snowe, Biden, and Lieberman in introducing the Rail Security Act of 2007. This legislation is nearly identical to the rail security measures approved by the Senate during both the 108th and 109th Congresses. Unfortunately, the House of Representatives has yet to act on rail security legislation. I remain hopeful that rail security will be made a top priority for the 110th Congress. We have taken important steps and expended considerable resources to secure the homeland since 9/11. I think all would agree that air travel is safer than it was five years ago. And, we have worked to address port security in a comprehensive manner. However, we need to do more to better secure other transportation modes, a fact well documented by the 9/11 Commission. Unfortunately, only relatively modest resources have been dedicated to rail security in recent years. As a result, our Nation's transit system, Amtrak, and the freight railroads remain vulnerable to terrorist attacks. The Rail Security Act would authorize a total of almost $1.2 billion dollars for rail security. More than half of this funding would be authorized to complete tunnel safety and security improvements at New York's Penn Station, which is used by over 500,000 transit, commuter, and intercity passengers each workday. The legislation would also establish a grant program to encourage security enhancements by the freight railroads, Amtrak, shippers of hazardous materials, and local governments with responsibility for passenger stations. It would help to address identified security weaknesses in a manner that also seeks to protect the taxpayers' interests. As we continue fight the War on Terror, we need to do all we can to address our vulnerabilities. We have witnessed the tragic attacks on rail systems in other countries, including the cities of London, Mumbai and Madrid, and the devastating consequences of those attacks. It is essential that we move expeditiously to protect all the modes of transportation from potential attack, and this legislation will help to do just that. As I mentioned earlier, the Senate has consistently supported legislation to promote rail security. Most recently, rail security provisions were adopted last Fall as part of the port security legislation. But again, the House failed to allow these important security provisions to move ahead, and the provisions were stripped from the conference agreement. As a result, our rail network continues to remain vulnerable to terrorist attack. That is unacceptable in my judgement. I urge the Senate to move quickly to again pass this important legislation.

Mr. McCAIN. Mr. President, I am pleased to join with Senators Wyden and Sununu in introducing the Permanent Internet Tax Freedom Act of 2007. This bill would ensure that consumers never have to pay a toll when they access the Information Highway. Whether consumers log onto the Internet using cable modem, DSL, dial-up or wireless services, under this bill, they will not be taxed by any State or local governments for their Internet usage. Keeping Internet access affordable to all Americans is a worthy policy goal. The Internet has become a fixture and core component of modem American life that has created and continues to generate social and economic opportunities throughout the United States. In 1998, Congress put in place a temporary ban on any State or local taxes on Internet access. Additionally, Congress placed a moratorium on multiple or discriminatory State and local taxes on e-commerce transactions to ensure the growth of online commerce. This moratorium was extended in 2004, but is set to expire November 1, 2007. Our legislation, the Permanent Internet Tax Freedom Act of 2007, would make the moratorium permanent. Today, the U.S. ranks 12th in the world in per capita Internet access, lagging behind competitors South Korea, the United Kingdom and Canada. This is absolutely unacceptable for a country that leads the world in technical innovation, economic development, and international competitiveness. We certainly cannot afford to make Internet access more difficult to obtain if we want to become more internationally competitive. There is little doubt that the development and growth of the Internet was aided by the tax moratorium. In 1998, the year the moratorium was first enacted, 36 percent of U.S. adults reported using the Internet. In 2006, that number grew to 73 percent, an all time high according to an April 2006 Pew Internet & American Life Project Report. However, the report also found that Americans in the lowest income households are considerably less likely to be online. Just 55 percent of adults living in households with less than $30,000 annual income go online, versus 73 percent of those whose income is between $30,000-$50,000. This ``digital divide'' needs to be closed immediately. Continuing Congress's policy of reducing the cost of Internet access, by preventing the service from being taxed, is one step we can take now to close the ``digital divide.'' As use of the Internet has grown, so has e-commerce. According to the most recent comScore Networks report, Americans spent over $100 billion on Internet purchases during 2006, a major milestone for retailers and the World Wide Web. This legislation would ensure that online transactions are not taxed by cities or States at a rate higher than other sales transactions. Again, the goal of this legislation is to make the Internet affordable to all Americans and foster the growth of the Internet. With respect to the question of whether it is wise to make Internet access tax free, Congress has a long history of giving tax incentives to commercial activities that we believe help our society. The Internet is a technology that is a source of and vehicle for significant economic benefits. The proponents of this legislation strongly believe the Internet clearly merits the tax incentives provided by this bill. I recognize that there are some who wish to continue to make the Internet tax moratorium temporary. Their premise is that the Internet will continue to evolve and thus Internet access may develop into a service the States and localities would wish to tax. I believe that this moratorium should be permanent to continue encouraging those very Internet-related innovations. By making the moratorium permanent, businesses that invest in and provide Internet access will be able to operate in a predictable tax environment. This will result in continued investment in this very important social, political and economic medium. Congress now has the opportunity to extend permanently the Internet tax moratorium and assure consumers that taxes will not inhibit the offering of affordable Internet access. By supporting this legislation, we can continue to promote Internet usage by Americans as well as encourage innovation relating to this technology. For these reasons, I ask my colleagues to support this pro-consumer, pro-innovation, and pro-technology bill.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am please to be joined by my colleague, Senator Kyl, in reintroducing a bill to designate Fossil Creek as a Wild and Scenic River. A companion measure is being introduced today by Congressman Renzi and other members of the Arizona congressional delegation. Fossil Creek is a thing of beauty. With its picturesque scenery, lush riparian ecosystem, unique geological features, and deep iridescent blue pools and waterfalls, this tributary to the Wild and Scenic Verde River and Lower Colorado River Watershed stretches 14 miles through east central Arizona. It is home to a wide variety of wildlife, some of which are threatened or endangered species. Over 100 bird species inhabit the Fossil Creek area and use it to migrate between the range lowlands and the Mogollon-Colorado Plateau highlands. Fossil Creek also supports a variety of aquatic species and is one of the few perennial streams in Arizona with multiple native fish. Fossil Creek was named in the 1800's when early explorers described the fossil-like appearance of creek-side rocks and vegetation coated with calcium carbonate deposits from the creek's water. In the early 1900's, pioneers recognized the potential for hydroelectric power generation in the creek's constant and abundant spring fed base-flow. They claimed the channel's water rights and built a dam system and generating facilities known as the Childs-Irving hydro-project. Over time, the project was acquired by Arizona Public Service (APS), one of the state's largest eclectic utility providers serving more than a million Arizonans. Because Childs-Irving produced less then half of 1 percent of the total power generated by APS, the decision was made ultimately to decommission the aging dam and restore Fossil Creek to its pre-settlement conditions. APS has partnered with various environmental groups, federal land managers, and state, tribal and local governments to safely remove the Childs-Irving power generating facilities and restore the riparian ecosystem. In 2005, APS removed the dam system and returned full flows to Fossil Creek. Researchers predict Fossil Creek will soon become a fully regenerated Southwest native fishery providing a most-valuable opportunity to reintroduce at least six Threatened and Endangered native fish species as well as rebuild the native populations presently living in the creek. There is a growing need to provide additional protection and adequate staffing and management at Fossil Creek. Recreational visitation to the riverbed is expected to increase dramatically, and by the Forest Service's own admission, they aren't able to manage current levels of visitation or the pressures of increased use. While responsible recreation and other activities at Fossil Creek are to be encouraged, we must also ensure the long-term success of the ongoing restoration efforts. Designation under the Wild and Scenic Rivers Act would help to ensure the appropriate level of protection and resources are devoted to Fossil Creek. Already, Fossil Creek has been found eligible for Wild and Scenic designation by the Forest Service and the proposal has widespread support from surrounding communities. All of the lands potentially affected by a designation are owned and managed by the Forest Service and will not affect private property owners. Fossil Creek is a unique Arizona treasure, and would benefit greatly from the protection and recognition offered through Wild and Scenic designation. I urge my colleagues to support this bill.

Mr. McCAIN

Mr. McCAIN. Mr. President, today I am introducing the Indian Tribes Methamphetamine Reduction Grants Act of 2007. This bill is identical to S. 4113, a bipartisan measure that was passed by unanimous consent in the Senate on December 8, 2006, the last day of the 109th Congress. The legislation would allow Indian tribes to be eligible for funding through the Department of Justice to eradicate the scourge of methamphetamine use, sale and manufacture in Native American communities. I am pleased to be joined by Senators Dorgan, Baucus, Grassley, Reid, Feinstein, and Feingold in introducing this important legislation. The impacts of methamphetamine use on communities across the Nation are well known and cannot be overstated. Methamphetamine is the leading drug-related law enforcement problem in the country. Unfortunately, the meth crisis is affecting Indian Country most severely. Very serious concerns have been raised by the U.S. Department of Justice, States, and other non-tribal law enforcement agencies over the rapidly growing levels of methamphetamine production and trafficking on reservations with large geographic areas or tribes adjacent to the U.S.-Mexico border. But because of the sovereign status of the tribes, criminals are generally not subject to state jurisdiction in many cases. As a result, local law enforcement often has no jurisdiction in Indian country, and tribal law enforcement agencies bear the brunt of most law enforcement functions. The problem of meth in Indian country, which the National Congress of American Indians identified last year as its top priority, is ubiquitous, and has strained already overburdened law enforcement, health, social welfare, housing, and child protective and placement services on Indian reservations. Last year a former tribal judge on the Wind River Reservation in Wyoming pled guilty to conspiracy to distribute methamphetamine and other drugs. The day before, the Navajo Nation police arrested an 81 year old grandmother, her daughter, and her granddaughter, for selling meth. One tribe in Arizona had over 60 babies born with meth in their systems. In 2005, the National Indian Housing Council expanded its training for dealing with meth in tribal housing: the average cost of decontaminating a single residence that has been used a meth lab is $10,000. During the 109th Congress, as the Chairman of the Senate Indian Affairs Committee, I held hearings on this serious matter. Committee witnesses testified that the methamphetamine epidemic in Indian country has contributed to a rise in child abuse and neglect cases, among other social ills, and some tribes reported dramatic increases in suicide rates among young people linked to methamphetamine use. Following our hearings, I was pleased to work with Senators Dorgan, Sessions, Bingaman and others in improving upon our legislation to assist Indian Country in fighting this terrible drug crisis. To avoid any potential misinterpretation of the intent of this legislation, this bill includes language developed and agreed to during the last Congress that is designed to clarify the intent of the bill. This clarifying language, provided in section 2(a)(4) of the bill, is intended to make it clear that by authorizing the Department of Justice's Bureau of Justice Assistance to award grant funds to a state, territory or Indian tribe to ``investigate, arrest and prosecute individuals'' involved in illegal methamphetamine activities, the legislation does not somehow authorize a grantee state, territory or Indian tribe to pursue law enforcement activities that it otherwise has no jurisdiction to pursue. And similarly, this provision also clarifies that an award or denial of a grant by the Bureau of Justice Assistance does not somehow allow a state, territory or Indian tribe to pursue law enforcement activities that it otherwise lacks jurisdiction to pursue. For example, a law enforcement agency in one state, territory or Indian reservation is not somehow enabled by this section, or by an award made pursuant to this section, to prosecute a methamphetamine crime arising in some other jurisdiction unless that agency already has such jurisdiction. The legislation further clarifies that authority under the bill to award grants would have no effect beyond simply authorizing, awarding or denying a grant of funds to a state, territory or Indian tribe. So, for example, if a state, territory or Indian tribe is awarded or denied a grant of funds under this section, that award or denial has no relevance to or effect on the eligibility of the state, territory or Indian tribe to participate in any other program or activity unrelated to the award or denial of grants as permitted under this legislation. The award or denial of a grant under this subsection, in other words, is relevant only to the award or denial of the grant under this subsection, and nothing else. The measure I am introducing today takes but a small step on the long journey toward our fight against methamphetamine. I encourage my colleagues to support it.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am pleased to be joined today by Senators Snowe, Biden, and Lieberman in introducing the Rail Security Act of 2007. This legislation is nearly identical to the rail security measures approved by the Senate during both the 108th and 109th Congresses. Unfortunately, the House of Representatives has yet to act on rail security legislation. I remain hopeful that rail security will be made a top priority for the 110th Congress. We have taken important steps and expended considerable resources to secure the homeland since 9/11. I think all would agree that air travel is safer than it was five years ago. And, we have worked to address port security in a comprehensive manner. However, we need to do more to better secure other transportation modes, a fact well documented by the 9/11 Commission. Unfortunately, only relatively modest resources have been dedicated to rail security in recent years. As a result, our Nation's transit system, Amtrak, and the freight railroads remain vulnerable to terrorist attacks. The Rail Security Act would authorize a total of almost $1.2 billion dollars for rail security. More than half of this funding would be authorized to complete tunnel safety and security improvements at New York's Penn Station, which is used by over 500,000 transit, commuter, and intercity passengers each workday. The legislation would also establish a grant program to encourage security enhancements by the freight railroads, Amtrak, shippers of hazardous materials, and local governments with responsibility for passenger stations. It would help to address identified security weaknesses in a manner that also seeks to protect the taxpayers' interests. As we continue fight the War on Terror, we need to do all we can to address our vulnerabilities. We have witnessed the tragic attacks on rail systems in other countries, including the cities of London, Mumbai and Madrid, and the devastating consequences of those attacks. It is essential that we move expeditiously to protect all the modes of transportation from potential attack, and this legislation will help to do just that. As I mentioned earlier, the Senate has consistently supported legislation to promote rail security. Most recently, rail security provisions were adopted last Fall as part of the port security legislation. But again, the House failed to allow these important security provisions to move ahead, and the provisions were stripped from the conference agreement. As a result, our rail network continues to remain vulnerable to terrorist attack. That is unacceptable in my judgement. I urge the Senate to move quickly to again pass this important legislation.

Mr. McCAIN

Mr. McCAIN. Mr. President, today I am pleased to be joined by Senators Feingold, Collins, and Lieberman in introducing a bill to provide greater transparency into the process of influencing our Government, and to ensure greater accountability among public officials. The legislation proposes a number of important and necessary reforms. It would provide for faster reporting and greater public access to reports filed by lobbyists and their employers under current law. It would require greater disclosure of lobbyists' contributions and payments to lawmakers and entities associated with them, as well as fundraising and other events they host. the bill also would require greater disclosure from both lobbyists, and Members and employees of Congress, of travel that is arranged or financed by a lobbyist or his client. To address the problem of the revolving door between Government and the private sector, the bill would strengthen the lobbying restrictions on former senior members of the Executive Branch, former Members of Congress, and former senior congressional staff. It would require that Members publicly disclose negotiations they are having with prospective private employers to ensure there is no conflict of interests. The bill also would modify the provision in current law that exempts former Federal employees who go to work for Indian tribes as outside lobbyists and agents from the revolving door laws. The bill would prohibit all gifts from lobbyists to lawmakers and their staff. To ensure that such a ban is not circumvented, the bill also would require Members of Congress and their staff to pay the fair market value for travel on private planes and the fair market value of sports and entertainment tickets. Members and staff would also have to post the details of their privately-sponsored work trips on-line for public inspection. The bill would establish an independent, non-partisan Office of Public Integrity. Armed with a number of investigative tools, the Office of Public Integrity would investigate alleged misconduct by Members and their staff and make appropriate recommendations to the Senate Ethics Committee for final disposition. Finally, the bill would help us combat wasteful, porkbarrel spending. It would amend Congressional rules to allow lawmakers to challenge unauthorized appropriations, earmarks, and policy riders in appropriations bills. Mr. President, when I introduced similar legislation over a year ago, I regretted that such reform was even necessary. And, I voted against the bill that was ultimately passed in the Senate because it lacked a number of elements essential to true reform. Unfortunately, the need for such reform has only become more acute. The American people's faith and confidence in this venerable institution has steadily eroded. The day after the mid-term elections, CNN reported that, according to national exit polls, voters were concerned about corruption and ethics in Government more than any other issue. I can tell you the polls, if not spot on, are not far off. During my travels around the country last year, it quickly became clear that there is a deep perception that we legislators do not act on the priorities of the American people, that special interests, and not the people's interests, guide our legislative hand. This loss in confidence is not limited to a single party or ideology; rather, it cuts across the spectrum. It is a perception bred by recent Congressional failures and scandals, which I need not chronicle here. We can begin to restore faith in this institution by divesting ourselves of some of the perks and privileges that have somehow crept into public service. Take, for example, free meals and sports and entertainment tickets. The American people have rightfully come to see the abuse of such perks as a corrupting influence. In a string of guilty pleas last year, several lobbyists, former congressional aides, and a congressman admitted that such gifts were used as bribes. Quite frankly, there is no good reason why Members of Congress and their staff cannot forgo such gifts from lobbyists. No one would seriously contend that they are necessary for us to conduct the people's business. A total gift ban would go a long way towards restoring the public's confidence in us. Another critical aspect requiring reform is the ability of a Member to travel on a corporate jet and only pay the rate of a first class plane ticket. This bill requires Senators and their employees who use corporate or charter aircraft to pay the fair market value for that travel. While I appreciate that such a change is not popular with some of my colleagues, the time has come to fundamentally change the way we do things in this town. Much of the public views our ability to travel on corporate jets, often accompanied by lobbyists, while only reimbursing the first-class rate, as a huge loophole in the current gift rules. And they are right--it is. I have no doubt that the average American would love to fly around the country on very comfortable corporate-owned aircraft and only be charged the cost of a first-class ticket. It is a pretty good deal we have got going here. We need to face the fact that the time has come to end this Congressional perk. At a time when the public is questioning our integrity, the Senate needs to more aggressively enforce its own rules. We can do this not just by making more public the work that the Senate Ethics Committee currently undertakes, but by addressing the conflict that is inherent in any body that regulates itself. That is why I am again proposing the creation of a new Office of Public Integrity with the capacity to initiate and conduct investigations, uncolored by partisan concerns and unconstrained by collegial relationships. Finally, Mr. President, if we are truly serious about reform, we need to address what some have coined the currency of corruption--earmarks. In 1994, there were 4,126 earmarks. In 2005, there were 15,877--an increase of nearly 400 percent! But there was a little good news for 2006 solely due to the good sense that occurred unexpectedly when the Labor HHS appropriations bill was approved with almost no earmarks, an amazing feat given that there were over 3,000 earmarks the prior year for just that bill. Yet despite this first reduction in 12 years, it does not change the fact that the largest number of earmarks have still occurred in the last three years--2004, 2005, and 2006. Now, let us consider the level of funding associated with those earmarks. The amount of earmarked funding increased from $23.2 billion in 1994 to $64 billion in FY 2006. Remarkably, it rose by 34 percent from 2005 to 2006, even though the number of earmarks decreased! Earmarked dollars have doubled just since 2000, and more than tripled in the last 10 years. This explosion in earmarks led one lobbyist to deride the appropriations committees as favor factories. The time for us to fix this broken process is long overdue. Mr. President, this past election, the American people sent a clear message: clean up the way business is done in our capitol. As faithful public servants, we are obligated to respond. Let us respond meaningfully, to assure the American people that we are here promoting the interests of main street over that of K Street, and that we are more interested in public service than the perks and privileges offered us. Let us also remind ourselves that we came here in the sincere belief that public service is a noble calling, a reward unto itself. I therefore urge my colleagues in joining me on this bill. I think our Nation and this venerable institution will be all the better for it.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am pleased to be joined by Senator DeMint in introducing the Cell Phone Tax Moratorium Act of 2007. This bill would put a stop to new discriminatory taxes on cell phone services for a period of 3 years. The average general sales tax in the U.S. today is around six percent, but the average State and local taxes and fees on cell phone service comes in at about 17 percent. Consumers are left paying a hefty portion of their monthly cell phone bill to the Government for what many believe is their most important communications device. The National Conference of State Legislatures and the National Governors' Association have issued policy positions calling for states to eliminate excessive and discriminatory taxes on communications services. State and local governments have been working with the telecommunications industry to find a solution to these excessive taxes, but no agreement has been reached. During the three year moratorium, it is my hope that State and local governments--in cooperation with industry--will work to eliminate discriminatory taxes and fees on wireless services. Excessive taxes dampen innovation, and are regressive, hitting the most vulnerable customers the hardest. Although more then 72 percent of all Americans own a cell phone, 26 percent said they could not live without it because it is their only communications source, according to a recent Pew Internet and Life Project report. Cell phone only owners are often those who find it difficult to afford a wired and a wireless phone. Additionally, according to the same report, 74 percent of the Americans say they have used their cell phone in an emergency and gained valuable assistance. Some State and local governments cannot move beyond the idea that wireless services are some kind of luxury item that can be taxed at a higher rate. These services may have been a luxury item many years ago, but due to deregulation wireless services are more affordable than ever and even necessary for personal or business reasons. This is why it is perplexing that some states burden cell phone subscribers with taxes and fees that can be as high as 24 percent of a consumer's total bill. Tax rates as high as this are generally associated with cigarettes and alcohol and known as ``sin taxes'' designed to reduce consumption. I cannot imagine it is the intention of states and localities to reduce consumption of wireless services. Mindful of the revenue requirements of States and localities, this bill does not eliminate existing discriminatory taxes. Nor does the bill prohibit states and localities from imposing new taxes on wireless services that are not discriminatory. The bill simply puts a stop to the creation of new discriminatory taxes on cell phone services. Last year I introduced similar legislative language during a mark-up in the Senate Commerce Committee. The amendment passed with a vote 21- 1. I am hopeful that this bill will once again be supported by the Commerce Committee and that it will be approved by the full Senate. I ask my colleagues to join me in ending the discriminatory sales taxes on this very popular communications service.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am pleased to join with Senators Wyden and Sununu in introducing the Permanent Internet Tax Freedom Act of 2007. This bill would ensure that consumers never have to pay a toll when they access the Information Highway. Whether consumers log onto the Internet using cable modem, DSL, dial-up or wireless services, under this bill, they will not be taxed by any State or local governments for their Internet usage. Keeping Internet access affordable to all Americans is a worthy policy goal. The Internet has become a fixture and core component of modem American life that has created and continues to generate social and economic opportunities throughout the United States. In 1998, Congress put in place a temporary ban on any State or local taxes on Internet access. Additionally, Congress placed a moratorium on multiple or discriminatory State and local taxes on e-commerce transactions to ensure the growth of online commerce. This moratorium was extended in 2004, but is set to expire November 1, 2007. Our legislation, the Permanent Internet Tax Freedom Act of 2007, would make the moratorium permanent. Today, the U.S. ranks 12th in the world in per capita Internet access, lagging behind competitors South Korea, the United Kingdom and Canada. This is absolutely unacceptable for a country that leads the world in technical innovation, economic development, and international competitiveness. We certainly cannot afford to make Internet access more difficult to obtain if we want to become more internationally competitive. There is little doubt that the development and growth of the Internet was aided by the tax moratorium. In 1998, the year the moratorium was first enacted, 36 percent of U.S. adults reported using the Internet. In 2006, that number grew to 73 percent, an all time high according to an April 2006 Pew Internet & American Life Project Report. However, the report also found that Americans in the lowest income households are considerably less likely to be online. Just 55 percent of adults living in households with less than $30,000 annual income go online, versus 73 percent of those whose income is between $30,000-$50,000. This ``digital divide'' needs to be closed immediately. Continuing Congress's policy of reducing the cost of Internet access, by preventing the service from being taxed, is one step we can take now to close the ``digital divide.'' As use of the Internet has grown, so has e-commerce. According to the most recent comScore Networks report, Americans spent over $100 billion on Internet purchases during 2006, a major milestone for retailers and the World Wide Web. This legislation would ensure that online transactions are not taxed by cities or States at a rate higher than other sales transactions. Again, the goal of this legislation is to make the Internet affordable to all Americans and foster the growth of the Internet. With respect to the question of whether it is wise to make Internet access tax free, Congress has a long history of giving tax incentives to commercial activities that we believe help our society. The Internet is a technology that is a source of and vehicle for significant economic benefits. The proponents of this legislation strongly believe the Internet clearly merits the tax incentives provided by this bill. I recognize that there are some who wish to continue to make the Internet tax moratorium temporary. Their premise is that the Internet will continue to evolve and thus Internet access may develop into a service the States and localities would wish to tax. I believe that this moratorium should be permanent to continue encouraging those very Internet-related innovations. By making the moratorium permanent, businesses that invest in and provide Internet access will be able to operate in a predictable tax environment. This will result in continued investment in this very important social, political and economic medium. Congress now has the opportunity to extend permanently the Internet tax moratorium and assure consumers that taxes will not inhibit the offering of affordable Internet access. By supporting this legislation, we can continue to promote Internet usage by Americans as well as encourage innovation relating to this technology. For these reasons, I ask my colleagues to support this pro-consumer, pro-innovation, and pro-technology bill.

Mr. McCAIN

Mr. McCAIN. The Senator from New Mexico is correct in his understanding of this provision.

Mr. McCAIN. Mr. President, today I introduce the Indian Health Care Improvement Act Amendments of 2006. I am proud to be joined in introducing this bill by Senators Enzi and Murkowski. This bill reflects the work of three committees of jurisdiction and countless meetings with the administration over the past four Congresses. Nevertheless, I must express my profound disappointment in seeing yet another Congress go by without passage of this critical reauthorization. Thirty years ago, Congress first enacted the Indian Health Care Improvement Act to meet the moral commitment and trust obligation of the United States to provide comprehensive health care to Indian people. The act was last reauthorized in 1992, and efforts on the latest reauthorization have been ongoing since the 106th Congress. Over the course of nearly 7 years and four Congresses, the Committee on Indian Affairs, along with the Committees on Finance and Health, Education, Labor and Pensions and the Indian tribes, has labored to reauthorize the Indian Health Care Improvement Act. I have been encouraged by the recent discussions with the administration on the reauthorization, however, we were simply left without sufficient time to achieve final passage. The Indian Health Care Improvement Act is the fundamental statutory framework for the Indian health care system and governs nearly every aspect of Indian health care. The Vice-Chairman of the Committee on Indian Affairs, Senator Dorgan, and I introduced the predecessor bill, S.1057, over 1 year ago to build upon that framework by updating the delivery of health services to be consistent with currently accepted health policy and practices everywhere in our great nation except Indian Country. This new iteration of the reauthorization of the Indian Health Care Improvement Act contained critically needed improvements including increased access to care, alternative financing for health care facilities and services, integrated programs for behavioral health, and progressive recruitment and retention programs for health professionals serving Indian communities. Extensive work went into crafting these bills. Six years ago, a steering committee of Indian tribal leaders, after extensive consultation with the Indian Health Service, developed a broad consensus about the needed improvements to the Indian health care system. Bills based on this steering committee's recommendations have been introduced in the Senate since the 106th Congress, but none have been enacted. In October, 2005, the Committee on Indian Affairs favorably reported out S. 1057. As with many bills, aspects of S. 1057 fell under the jurisdiction of other committees, and in years past, this appears to have complicated and delayed consideration. However, in the 109th Congress S.1057 was reviewed and debated by the Senate Committees on Indian Affairs, Finance and Health, Education, Labor and Pensions. We worked closely with those committees to advance and improve upon the reauthorization legislation. In July, 2005, the HELP Committee reached out to us and we held a joint hearing on S.1057. The HELP Committee worked diligently with us to improve upon and advance that bill. In addition, despite last minute delays by the Department of Health and Human Services, on June 8, 2006, the Finance Committee unanimously reported the amendments to the Social Security Act that were needed to effectively implement S. 1057. However, when we sought consideration of the bill on the floor, additional concerns were raised about the bill, even after it had been considered by the committees of jurisdiction and after years of discussion with the administration. These concerns prevented the Senate from considering S.1057 prior to its recess on September 29, 2006. I have not been averse to a constructive dialogue aimed at improving the measure introduced, but I am deeply concerned about the repeated delays in passing this legislation and the seemingly unending series of obstacles thrown in the way of getting this business done. The committee has held at least nine hearings on the reauthorization since the 106th Congress, conducted extensive negotiations with the administration, and provided ample opportunity to engage in constructive dialogue from all interested parties. We have demonstrated our willingness to accommodate any reasonable concerns, even when raised belatedly as they so often have been, without compromising congressional oversight, and the quality, accessibility and flexibility for the Indian health programs deserved by Indian people. Nevertheless, we could not reach a final resolution to some provisions which would in our view have regressed from current law and good health policy. Therefore, Senator Enzi and I decided to introduce this bill, which reflects the reasonable compromises we have agreed to with the administration. Specifically, to address concerns raised by the Department of Justice, this bill protects the United States from unnecessary lawsuits, while at the same time insuring that Indian patients receiving health care in IHS or tribal facilities, or in home- or community-based settings, will have the quality of care they deserve. I believe that it is extremely important to remember, when looking at this bill, that improving, rather than regressing from, current law and policy is particularly important in light of studies which drive home the desperate need for improving the Indian health care system. For example, a Government Accountability Office report issued in August, 2005 documented the lower life expectancies and substantially higher disease rates among Indians, and found that health care services were not always available for Indian people. The GAO further reported that the treatment delays or service gaps could exacerbate the severity of Indian patients' conditions and create a need for more intensive treatment. These findings should concern Congress. We retain the ultimate authority and responsibility to deal with Indian tribes and provide oversight of the Federal agencies which discharge the responsibilities outlined in our laws. It is Congress's responsibility to ensure that the Indian health care system is updated to accommodate practices that have become a part of the mainstream health care industry. This concern and commitment was evident in the work of many Members of the Senate. We are very pleased that Senator Murkowski has joined us in the introduction of this bill. I want to thank Senators Enzi, Grassley, Baucus, and Kennedy, for their efforts and that of their staff on this legislation. I was proud to advance a bill which reflected the bipartisan work of the multiple committees of jurisdiction. During this Congress, we were joined in pushing toward passage by other Senators and I want to thank, in particular, Senators Burns, Crapo, Bingaman, and Senator Domenici, who has long supported Indian health and has been instrumental in advancing the bill. Finally, I express special thanks to Senator Dorgan and his staff for their unwavering support and unstinted efforts on the reauthorization of the Indian Health Care Improvement Act. At the end of this Congress I relinquish the chair of the committee knowing that there is much work to do for Indian health. However, I am confident that Senator Dorgan will continue these efforts, and I look forward to working with him on these and other Indian issues. I ask consent that the bill be printed in the Record.

Mr. McCAIN. Mr. President, I am joined today by Senators Bingaman, Grassley, Smith, Baucus, Feingold, Johnson, Salazar, Wyden, Boxer, Reid, Feinstein, and Cantwell in introducing this bill to amend the Omnibus Control and Safe Streets Act of 1968 to clarify that Indian tribes and U.S. territories are eligible to receive grants for confronting the use of methamphetamine. The amendments that this bill makes to section 2996(a) of the Omnibus Crime Control and Safe Streets Act of 1968 would make U.S. territories and Indian tribes eligible to receive grants from the Department of Justice to address the scourge of methamphetamine use, sale, and manufacture. The terrible business of methamphetamine use, distribution, and manufacture has impacted communities all over the country, in urban and nonurban areas alike, and our territories and Indian reservations have not been spared. This bill will make much- needed resources available to territorial and tribal governments to help bring the methamphetamine epidemic under control. Mr. President, the impacts of methamphetamine use on communities across the Nation are well known and cannot be underestimated. We have worked hard with Senator Bingaman and his staff to craft legislation that makes these critical resources for fighting methamphetamine use, distribution, and manufacture available to sectors on which this drug is having a devastating impact. I would also like to thank Senator Sessions for the long hours he and his staff have devoted to working with my staff and other offices interested in this bill to make this a good bill that this body can and should support. I urge my colleagues to support passage of this critically needed legislation.

Mr. McCAIN. The Senator from New Mexico is correct in his understanding of this provision as well. Mr. President, I urge my colleagues to support this critically needed legislation.

Mr. McCAIN. Mr. President, I am joined today by Senators Bingaman, Grassley, Smith, Baucus, Feingold, Johnson, Salazar, Wyden, Boxer, Reid, Feinstein, and Cantwell in introducing and passing a bill to amend the Omnibus Control and Safe Streets Act of 1968 to clarify that Indian tribes and U.S. territories are eligible to receive grants for confronting the use of methamphetamine. The amendments that this bill makes to section 2996(a) of the Omnibus Crime Control and Safe Streets Act of 1968 would make U.S. territories and Indian tribes eligible to receive grants from the Department of Justice to address the scourge of methamphetamine use, sale, and manufacture. The terrible business of methamphetamine use, distribution, and manufacture has impacted communities all over the country, in urban and nonurban areas alike, and our territories and Indian reservations have not been spared. This bill will make much needed resources available to territorial and tribal governments to help bring the methamphetamine epidemic under control. However, I understand there are some questions about the intent of this bill in respect to a provision in this bill.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am joined today by Senators Bingaman, Grassley, Smith, Baucus, Feingold, Johnson, Salazar, Wyden, Boxer, Reid, Feinstein, and Cantwell in introducing and passing a bill to amend the Omnibus Control and Safe Streets Act of 1968 to clarify that Indian tribes and U.S. territories are eligible to receive grants for confronting the use of methamphetamine. The amendments that this bill makes to section 2996(a) of the Omnibus Crime Control and Safe Streets Act of 1968 would make U.S. territories and Indian tribes eligible to receive grants from the Department of Justice to address the scourge of methamphetamine use, sale, and manufacture. The terrible business of methamphetamine use, distribution, and manufacture has impacted communities all over the country, in urban and nonurban areas alike, and our territories and Indian reservations have not been spared. This bill will make much needed resources available to territorial and tribal governments to help bring the methamphetamine epidemic under control. However, I understand there are some questions about the intent of this bill in respect to a provision in this bill.

Mr. McCAIN. The Senator from New Mexico is correct in his understanding of this provision as well. Mr. President, I urge my colleagues to support this critically needed legislation.

Mr. McCAIN. Mr. President, I am joined today by Senators Bingaman, Grassley, Smith, Baucus, Feingold, Johnson, Salazar, Wyden, Boxer, Reid, Feinstein, and Cantwell in introducing this bill to amend the Omnibus Control and Safe Streets Act of 1968 to clarify that Indian tribes and U.S. territories are eligible to receive grants for confronting the use of methamphetamine. The amendments that this bill makes to section 2996(a) of the Omnibus Crime Control and Safe Streets Act of 1968 would make U.S. territories and Indian tribes eligible to receive grants from the Department of Justice to address the scourge of methamphetamine use, sale, and manufacture. The terrible business of methamphetamine use, distribution, and manufacture has impacted communities all over the country, in urban and nonurban areas alike, and our territories and Indian reservations have not been spared. This bill will make much- needed resources available to territorial and tribal governments to help bring the methamphetamine epidemic under control. Mr. President, the impacts of methamphetamine use on communities across the Nation are well known and cannot be underestimated. We have worked hard with Senator Bingaman and his staff to craft legislation that makes these critical resources for fighting methamphetamine use, distribution, and manufacture available to sectors on which this drug is having a devastating impact. I would also like to thank Senator Sessions for the long hours he and his staff have devoted to working with my staff and other offices interested in this bill to make this a good bill that this body can and should support. I urge my colleagues to support passage of this critically needed legislation.

Mr. McCAIN. The Senator from New Mexico is correct in his understanding of this provision.

Mr. McCAIN

Mr. McCAIN. Mr. President, today I introduce the Indian Health Care Improvement Act Amendments of 2006. I am proud to be joined in introducing this bill by Senators Enzi and Murkowski. This bill reflects the work of three committees of jurisdiction and countless meetings with the administration over the past four Congresses. Nevertheless, I must express my profound disappointment in seeing yet another Congress go by without passage of this critical reauthorization. Thirty years ago, Congress first enacted the Indian Health Care Improvement Act to meet the moral commitment and trust obligation of the United States to provide comprehensive health care to Indian people. The act was last reauthorized in 1992, and efforts on the latest reauthorization have been ongoing since the 106th Congress. Over the course of nearly 7 years and four Congresses, the Committee on Indian Affairs, along with the Committees on Finance and Health, Education, Labor and Pensions and the Indian tribes, has labored to reauthorize the Indian Health Care Improvement Act. I have been encouraged by the recent discussions with the administration on the reauthorization, however, we were simply left without sufficient time to achieve final passage. The Indian Health Care Improvement Act is the fundamental statutory framework for the Indian health care system and governs nearly every aspect of Indian health care. The Vice-Chairman of the Committee on Indian Affairs, Senator Dorgan, and I introduced the predecessor bill, S.1057, over 1 year ago to build upon that framework by updating the delivery of health services to be consistent with currently accepted health policy and practices everywhere in our great nation except Indian Country. This new iteration of the reauthorization of the Indian Health Care Improvement Act contained critically needed improvements including increased access to care, alternative financing for health care facilities and services, integrated programs for behavioral health, and progressive recruitment and retention programs for health professionals serving Indian communities. Extensive work went into crafting these bills. Six years ago, a steering committee of Indian tribal leaders, after extensive consultation with the Indian Health Service, developed a broad consensus about the needed improvements to the Indian health care system. Bills based on this steering committee's recommendations have been introduced in the Senate since the 106th Congress, but none have been enacted. In October, 2005, the Committee on Indian Affairs favorably reported out S. 1057. As with many bills, aspects of S. 1057 fell under the jurisdiction of other committees, and in years past, this appears to have complicated and delayed consideration. However, in the 109th Congress S.1057 was reviewed and debated by the Senate Committees on Indian Affairs, Finance and Health, Education, Labor and Pensions. We worked closely with those committees to advance and improve upon the reauthorization legislation. In July, 2005, the HELP Committee reached out to us and we held a joint hearing on S.1057. The HELP Committee worked diligently with us to improve upon and advance that bill. In addition, despite last minute delays by the Department of Health and Human Services, on June 8, 2006, the Finance Committee unanimously reported the amendments to the Social Security Act that were needed to effectively implement S. 1057. However, when we sought consideration of the bill on the floor, additional concerns were raised about the bill, even after it had been considered by the committees of jurisdiction and after years of discussion with the administration. These concerns prevented the Senate from considering S.1057 prior to its recess on September 29, 2006. I have not been averse to a constructive dialogue aimed at improving the measure introduced, but I am deeply concerned about the repeated delays in passing this legislation and the seemingly unending series of obstacles thrown in the way of getting this business done. The committee has held at least nine hearings on the reauthorization since the 106th Congress, conducted extensive negotiations with the administration, and provided ample opportunity to engage in constructive dialogue from all interested parties. We have demonstrated our willingness to accommodate any reasonable concerns, even when raised belatedly as they so often have been, without compromising congressional oversight, and the quality, accessibility and flexibility for the Indian health programs deserved by Indian people. Nevertheless, we could not reach a final resolution to some provisions which would in our view have regressed from current law and good health policy. Therefore, Senator Enzi and I decided to introduce this bill, which reflects the reasonable compromises we have agreed to with the administration. Specifically, to address concerns raised by the Department of Justice, this bill protects the United States from unnecessary lawsuits, while at the same time insuring that Indian patients receiving health care in IHS or tribal facilities, or in home- or community-based settings, will have the quality of care they deserve. I believe that it is extremely important to remember, when looking at this bill, that improving, rather than regressing from, current law and policy is particularly important in light of studies which drive home the desperate need for improving the Indian health care system. For example, a Government Accountability Office report issued in August, 2005 documented the lower life expectancies and substantially higher disease rates among Indians, and found that health care services were not always available for Indian people. The GAO further reported that the treatment delays or service gaps could exacerbate the severity of Indian patients' conditions and create a need for more intensive treatment. These findings should concern Congress. We retain the ultimate authority and responsibility to deal with Indian tribes and provide oversight of the Federal agencies which discharge the responsibilities outlined in our laws. It is Congress's responsibility to ensure that the Indian health care system is updated to accommodate practices that have become a part of the mainstream health care industry. This concern and commitment was evident in the work of many Members of the Senate. We are very pleased that Senator Murkowski has joined us in the introduction of this bill. I want to thank Senators Enzi, Grassley, Baucus, and Kennedy, for their efforts and that of their staff on this legislation. I was proud to advance a bill which reflected the bipartisan work of the multiple committees of jurisdiction. During this Congress, we were joined in pushing toward passage by other Senators and I want to thank, in particular, Senators Burns, Crapo, Bingaman, and Senator Domenici, who has long supported Indian health and has been instrumental in advancing the bill. Finally, I express special thanks to Senator Dorgan and his staff for their unwavering support and unstinted efforts on the reauthorization of the Indian Health Care Improvement Act. At the end of this Congress I relinquish the chair of the committee knowing that there is much work to do for Indian health. However, I am confident that Senator Dorgan will continue these efforts, and I look forward to working with him on these and other Indian issues. I ask consent that the bill be printed in the Record.

Mr. McCAIN

Mr. McCAIN. The 109th Congress ends with many missed opportunities, and among them is the opportunity to enact necessary amendments to the Indian Gaming Regulatory Act, IGRA. IGRA has not been significantly amended since its enactment in 1988, almost 20 years ago. When IGRA was enacted, Indian gaming was a $200 million dollar industry. Today, the industry earns $23 billion a year. The industry is no longer just bingo; instead, the lion's share of revenue--at least 80 percent--is generated by what IGRA calls class III gaming; that is, slot machines and other ``Las Vegas'' style casino games. This explosive and unanticipated growth in Indian gaming has created a changed environment that cries out for modifications in the law. Yet Members of this body have blocked getting needed legislation passed. They have done so at the cost of good public policy. During the 2 years that I have served as chairman and Senator Dorgan has served as vice chairman of the Committee on Indian Affairs, we held seven hearings on Indian gaming. After four of those hearings and based on testimony received, in November 2005, we introduced S. 2078. After the bill's introduction, we held three more hearings to continue oversight over the Indian gaming industry. These hearings revealed, among other things, that a court decision had decimated the Federal regulatory agency's authority and that, meanwhile, new large Indian casinos were threatening to appear in all areas of the country. Based on the hearings and responses from interested parties, I offered a substitute amendment, which was successfully reported out of committee with bipartisan support. However, when we sought unanimous consent for passage of the bill, holds were placed on it. These holds were placed by Senators with concerns that the bill was not restrictive enough and by those who thought it too restrictive. Understandably, these concerns were mostly prompted by constituent interests. We then worked in a bipartisan effort to modify the bill to answer our colleagues' concerns while balancing the need to provide real oversight over the industry. Some of our Members' constituents, however, simply do not want Federal oversight. Some took the position that there must be no change in IGRA because opening up IGRA would send a signal that Indian gaming was not perfect and no one was to speak that truth. It seems that these people assumed that ignoring the problems is a better policy than confronting them. And there are problems. Through S. 2078, I sought to confront these problems while at the same time honoring the rights of Indian tribes to conduct gaming, a right guaranteed by the Supreme Court in the California v. Cabazon decision. I will continue to believe that effective regulation--including effective Federal regulation--of Indian gaming is critical to tribes' continued success. A critical problem we have left unsolved is the hole left in regulation of class III gaming; that is, slots and other casino games. On August 24, 2005, the U.S. District Court for the District of Columbia issued its decision in Colorado River Indian Tribes v. NIGC, ``CRIT'', ruling that the National Indian Gaming Commission, NIGC, did not have jurisdiction to issue class III Minimum Internal Controls Standards, MICS. That ruling was upheld by the U.S. Court of Appeals for the District of Columbia in October of this year. Until the court's decision, the NIGC had been regulating class III gaming through MICS since 1999. The regulations applied both to class II gaming--that is, bingo and games similar to bingo--and to class III--gaming including slot machines and table games--which represents the source of four-fifths of all revenue in Indian gaming. Following the CRIT decision, however, tribes have increasingly challenged NIGC's authority to issue or enforce the MICS over class III gaming. This leaves Federal oversight only over class II gaming, which is a small-- and with increasing numbers of States entering into compacts, a diminishing--source of Indian gaming revenue. It leaves class III regulation up to the terms of the compacts negotiated between tribes and States. But States' roles in regulating and enforcing class III regulation varies widely among State-tribal compacts. While some States take a rigorous role in regulation, many simply do not have the expertise or resources to regulate Indian casino games. These States have typically relied on NIGC to provide regulations. As a result of the CRIT decision, however, tribes are increasingly refusing to allow for NIGC access to or oversight of their gaming facilities. These tribes are, in effect, now free to regulate themselves. I do not believe that self-regulation without oversight is real regulation. By failing to enact legislation that overturns the CRIT decision, we have left the lion's share of a huge industry in its own hands. This is not a small matter. Indian gaming in 2006 is a nationwide industry. More than 220 tribes operate gaming facilities throughout the United States, from Connecticut to California. Indian gaming is no longer simple bingo parlors on rural Indian reservations. For a nationwide industry that generated $23 billion dollars a year and is growing, uniform Federal standards are necessary and vigorous enforcement of those standards are imperative to making sure that the money that customers put into Indian gaming machines finds its way safely from the casinos to the tribal governments, which through IGRA are directed to use the money to strengthen the social and economic fabric of their tribes. The failure of this Senate to pass this bill will leave Indian gaming radically less protected than it was before the 109th Congress convened and the CRIT decision was issued. What we have now is the triumph of individual self-interests over the public good and it sorrows me to leave Indian gaming in that condition. Failure to pass this bill also leaves a well-documented hole in Federal oversight of gaming contracts. While the NIGC has told us that management contracts are not the only source of overreaching by contractors, we have left the agency with the authority to approve or disapprove only management contracts. Similarly, while we all know that Indian gaming is spreading beyond the confines of reservations, by not passing this bill, we have also failed to amend IGRA to limit ``off- reservation'' gaming and the growth of casinos where local people could never have foreseen their arrival. In 1988, when we first enacted IGRA, we provided a general prohibition against conducting gaming on land acquired after 1988; in the interest of fairness, several exceptions to this ban were provided. Unfortunately, exploitation of these exceptions, not anticipated in 1988, has led to a burgeoning practice by unscrupulous developers seeking to profit off Indian tribes desperate for economic development. S. 2078 would have eliminated the ability of tribes to establish casinos outside of their reservations and provided a process whereby local communities can voice their concerns regarding impacts of casino development. Finally, it would have prevented attempts to create reservation land, specifically for casinos, through so-called land claims unless Congress actually approved legislation to that effect. It is my hope that the next Congress will leave Indian gaming better regulated and more responsive to present-day realities than this Congress has left it. This is my hope for tribal members, who depend on honestly tracked revenue from gaming establishments for their government services. This is my hope for local communities who are facing the prospect of huge casinos in their hometowns where they could never have anticipated them. I am hopeful that we will choose to put the good of the American people above special interests.

Mr. McCAIN

Mr. McCAIN. Mr. President, I rise in support of H.R. 4766, the Esther Martinez Native American Languages Preservation Act of 2006, which was passed by the House of Representatives on September 27, 2006, and referred to the Committee on Indian Affairs. This legislation reauthorizes the Native American Programs Act of 1974 through the year 2012 and provides a grant program to ensure the survival and vitality of Native-American languages through such programs as language nests, survival schools, and language restoration programs, in addition to programs currently funded by the ANA grants for language preservation. I am asking the Senate to pass the bill as passed by the House of Representatives. However, I understand that Dr. Coburn has a question about the intent of this bill in respect to a particular matter and would like to engage in a colloquy for the purpose of clarifying that intent.

Mr. McCAIN. The Senator from Oklahoma is correct. That is the intent of the bill.