Floor Statements

Mr. President, as Chairman of the Committee on Indian Affairs, I am introducing legislation to make technical corrections to the National Native American Veterans' Memorial Act of 1994.

The 1994 Act honors the profound contributions of Native Veterans by authorizing the construction of a National Native American Veterans' Memorial. Unfortunately, technical issues with the law have made it difficult to move forward with the Memorial. The bill I am introducing today seeks to alleviate those obstacles.

My legislation would make technical corrections in order to allow the National Museum of American Indian to join the National Congress of American Indians in the fundraising efforts for the Memorial. In addition, my bill would allow the Memorial to be constructed on the property provided for by the National Museum of American Indian Act.

Per capita, American Indians, Alaska Natives, and Native Hawaiians serve at a higher rate in the Armed Forces than any other group of Americans. Native peoples have served in all of the Nation's wars since the Revolutionary War. A memorial in their honor is well-deserved and long overdue.

My non-controversial, no cost, technical amendments bill will make it easier to construct the authorized memorial to honor our Native Veterans.

Mr. President, as Chairman of the Committee on Indian Affairs, I am introducing legislation to make technical corrections to the National Native American Veterans' Memorial Act of 1994.

The 1994 Act honors the profound contributions of Native Veterans by authorizing the construction of a National Native American Veterans' Memorial. Unfortunately, technical issues with the law have made it difficult to move forward with the Memorial. The bill I am introducing today seeks to alleviate those obstacles.

My legislation would make technical corrections in order to allow the National Museum of American Indian to join the National Congress of American Indians in the fundraising efforts for the Memorial. In addition, my bill would allow the Memorial to be constructed on the property provided for by the National Museum of American Indian Act.

Per capita, American Indians, Alaska Natives, and Native Hawaiians serve at a higher rate in the Armed Forces than any other group of Americans. Native peoples have served in all of the Nation's wars since the Revolutionary War. A memorial in their honor is well-deserved and long overdue.

My non-controversial, no cost, technical amendments bill will make it easier to construct the authorized memorial to honor our Native Veterans.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on September 13, 2012, in room SD-628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a business meeting to consider S. 675, the Native Hawaiian Government Reorganization Act of 2011; S. 1345, the Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act; and S. 1684, the Indian Tribal Energy Development and Self-Determination Act Amendments of 2011 to be followed immediately to conduct a hearing entitled ``Addressing the Costly Administrative Burdens and Negative Impacts of the Carcieri and Patchak Decisions''.

Those wishing additional information may contact the Indian Affairs Committee (202) 224-2251.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on September 14, 2012, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a hearing on the President's Nomination of Kevin K. Washburn to be Assistant Secretary-Indian Affairs, U.S. Department of the Interior''.

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. President, today I wish to urge my colleagues to allow an up-or-down vote on the Cybersecurity Act of 2012, S. 3414, and to support my amendment to further strengthen the privacy safeguards in this important legislation.

National security experts from both parties have warned us about the very serious danger of a major cyber attack. It is not a matter of if, but when it will occur. As someone who witnessed the attack on Pearl Harbor and was in Washington, DC, on September 11, 2001, it is frightening to know that in our modern world where much of our critical infrastructure and security systems are controlled by computers, a successful attack on a critical system could lead to more loss of life, injury, and damage than those terrible events. We have a moral duty to act immediately. That is why I urge my colleagues to put partisan differences aside and pass the Cybersecurity Act of 2012 for the safety of our Nation.

As a senior member of the Senate Homeland Security and Governmental Affairs Committee, I know that Chairman Lieberman and Ranking Member Collins have been working diligently for several years to get this bill to the floor for a vote. Commerce Committee Chairman Rockefeller and Intelligence Committee Chairman Feinstein have also been working tirelessly to advance this legislation. While I continue to support the even stronger critical infrastructure protections in the original cyber security bill introduced in February, I accept the revisions the bill sponsors have made to accommodate concerns raised by several of my colleagues.

I want to thank the bill sponsors for working with me during this lengthy process to make improvements to the legislation. In order for our country to have robust cyber security capabilities, we must have a talented and well-trained cyber workforce. I am pleased that the bill incorporates my recommendations to strengthen title IV of the bill, which provide the necessary tools to build a first-class cyber workforce while maintaining employee and whistleblower protections. Furthermore, these workforce provisions establish a supervisory training program that will help managers properly evaluate their cyber employees.

I also want to commend the sponsors for the marked improvement of the underlying privacy and civil liberties protections in the bill. I collaborated with Senators Franken, Durbin, Wyden, Sanders, Coons, and Blumenthal to strengthen protections in the information-sharing provisions of the bill, which allow companies to share cyber security information with each other and the government. We worked with privacy and civil liberties groups from across the political spectrum on a series of recommendations, most of which were accepted by the bill's sponsors.

With these changes, the privacy and civil liberties protections in the Cybersecurity Act are much better than the protections contained in the Cyber Intelligence Sharing and Protection Act that recently passed the House, and the SECURE IT Act that has been introduced in the Senate. However, I am still pushing for further improvements to enhance the privacy and civil liberties protections in the Cybersecurity Act.

I have offered an amendment that seeks to strengthen the underlying legal framework protecting Americans' personal information held in the computer systems that the Cybersecurity Act seeks to protect. My amendment will close loopholes in Federal privacy requirements, centralize Federal oversight of existing privacy protections, and reinstate basic remedies for privacy violations. My amendment, which reflects input from the bill's sponsors, would make four small changes that would have significant benefits to American's privacy and data security.

First, my amendment would address Federal agencies' uneven implementation of Office of Management Budget, OMB, guidance on preventing breaches of private information and notifying affected individuals when they do occur. In testimony this week before the Oversight of Government Management Subcommittee that I chair, we learned that the agency that oversees the Thrift Savings Plan, TSP, had no breach notification plan in place at the time of the recent breach involving 123,000 participating Federal employees. Specifically, my amendment would strengthen data breach notification requirements for Federal agencies by directing OMB to establish requirements for agencies to provide timely notification to individuals whose personal information was compromised. It would require agency heads to comply with the policies, and mandate that OMB report to Congress annually on agencies' compliance.

Second, my amendment would provide basic transparency when agencies rely on commercial databases. Agencies frequently use private sector databases for law enforcement and other purposes that affect individuals' rights, but this is not covered by Federal privacy laws. My amendment would require agencies to conduct privacy impact assessments on agencies' use of commercial sources of Americans' private information so that individuals have appropriate protections such as access, notice, correction, and purpose limitations.

Third, my amendment would fill a hole in the government's privacy leadership. Despite OMB's mandate to oversee privacy policies government-wide, it lacks a chief privacy officer. As a result, responsibility for protecting privacy is fragmented and agencies' compliance with privacy-related statutes and regulations is inconsistent. Furthermore, the administration lacks a representative on international privacy issues. My amendment would direct OMB to designate a central officer within OMB who would have authority over privacy across the government. This officer would also be responsible for assessing the privacy impact of the new information-sharing provisions in the cyber security bill.

Finally, it would address the Supreme Court's ruling restricting Privacy Act remedies earlier this year that has by many experts' accounts rendered the Privacy Act toothless. In Federal Aviation Administration v. Cooper, the Social Security Administration violated the Privacy Act by sharing the plaintiff's HIV status with other Federal agencies. The Court concluded that the plaintiff could not recover damages for emotional distress because Privacy Act damages are limited to economic harm. My amendment would heed the call of scholars across the political spectrum to amend the Privacy Act and fix this decision. It would also clarify that in the event of a Federal violation in the information-sharing title of the bill, a victim would be entitled to recovery for the same types of noneconomic harms.

My amendment will further strengthen the privacy and civil liberties protections in the cyber security bill while enhancing the security of personal information held by the Federal Government. I urge my colleagues to allow an up-or-down vote on the Cybersecurity Act, which is so critical to our Nation's safety, and to support my amendment.

Mr. President, I rise today in strong support of S. 3412, the Middle Class Tax Cut Act, which would act on President Barack Obama's proposal to restore our economy and control our deficit by immediately extending the current tax rates for American families making less than $250,000 a year and asking our Nation's top 2 percent of income earners to pay their fair share.

As we continue to work to enact policies that move our economy forward, it is important that we protect the middle class from having to pay higher taxes--which will happen if Congress does nothing before January 1, 2013. In Hawaii, this means 500,000 families would pay an average of $1,600 more in taxes in 2013 alone, which they cannot afford. My colleagues and I are working to reduce the national debt; however, at this point in our economic recovery, we cannot allow the vast majority of Americans--the middle class--to shoulder this burden alone. They have always been and remain the backbone of our economy and our country.

Most of us here in the Senate, on both sides of the aisle, as well as our colleagues in the House, can agree that we should maintain the current income tax rates for 98 percent of Americans. With that in mind, my colleagues on the left have been trying to work with the rest of the Senate to get this sensible legislation passed. However, some Members in this Chamber refuse to come together to pass the tax extensions that we all agree on. We need to take action now. Hard- working American families should not have to worry about their taxes increasing as they budget for housing, food, and other necessities for the coming year.

To cut our deficit, we must ask the wealthiest Americans to pay their fair share. That means closing tax loopholes for corporations and not extending the tax cut for millionaires and billionaires. Yet some Members of the Senate continue to oppose this bill in hopes of including an extension of tax breaks for the wealthiest Americans. These tax breaks for the wealthy were originally intended to be temporary measures, enacted during a time when our Nation had substantial annual surpluses. However, we must acknowledge our current economic situation and respond by asking the wealthiest Americans to pay their fair share.

This country was founded on the principles of fairness and responsibility. This bill would help restore those fundamentals to our tax system. I urge my colleagues to consider all of their constituents when voting on this bill and support it for the 98 percent of Americans who need our action today.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on July 26, 2012, in room SD-628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a hearing entitled ``Regulation of Tribal Gaming: From Brick & Mortar to the Internet.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Committee on Energy and Natural Resources

Mr. President, I rise today to speak in strong support of S. 3369, the Democracy Is Strengthened by Casting Light On Spending in Elections, DISCLOSE, Act. I am proud to join 39 of my colleagues in sponsoring this measure and urge the Senate to act now to pass this transparent, commonsense piece of legislation.

Free, fair, and open elections, as well as an informed electorate, are fundamental to ensuring that our government reflects the highest principles of democracy, which is the foundation of this country.

What is at stake today is nothing short of our electoral system. We must reinforce the right of Americans to make fully informed decisions about the political candidates and parties that seek to represent them in government.

More than 2 years ago, the Supreme Court's 5-to-4 decision in Citizens United set the stage for the emergence of super political action committees, PACs, primarily underwritten by wealthy individuals to finance unregulated and often anonymous attack political campaign advertising. This decision effectively puts our elected positions up for sale to moneyed interests.

The DISCLOSE Act would address problems caused by the Citizens United decision by restoring accountability and transparency to our electoral system. It would simply require labor unions, traditional PACs, super PACs, and other covered organizations that spend $10,000 or more on political campaigns to identify themselves by filing a timely report with the Federal Elections Commission.

Opponents of the DISCLOSE Act claim that this bill would impede free speech and discourage political involvement. I cannot disagree more. To the contrary, the DISCLOSE Act preserves the right to express one's opinions and ideas through contributions to political campaigns; it only forces large contributors to identify themselves when making influential contributions. Furthermore, it promotes civic involvement by empowering voters to effectively participate in the electoral process and make informed choices about their leaders.

We are all here to represent the voters in our States and districts who have entrusted us to represent them. In

our system of checks and balances, elected officials remain beholden to their constituents through elections; however, to allow this system to work, voters need to have all of the essential information that could influence their decision: who we are, who our supporters are, and how much support we have received from various sources.

No democracy, including this one, can remain fair, successful, and viable if wealthy individuals are allowed to spend unchecked sums of money to anonymously influence the outcomes of its elections.

I urge my colleagues to do what is right for all Americans today and pass this important bill.

I yield the floor.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on July 19, 2012, in room SD-628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a hearing entitled ``Impacts of Environmental Changes on Treaty Rights, Traditional Lifestyles, and Tribal Homelands.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on July 12, 2012, in room SD-628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a hearing entitled ``Federal Recognition: Political and Legal Relationship between Governments.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. President, I rise today to introduce legislation to reauthorize the National Dam Safety Program managed by the Federal Emergency Management Agency, FEMA. I thank Senators Boozman, Whitehouse, and Crapo for joining me in sponsoring this bill that will help promote public safety and prevent the destruction caused by dam failures. This fiscally responsible legislation will help states do more to protect communities and avoid costly dam incidents without increasing funding above the most recent authorization level.

With more than 84,000 dams listed in the National Inventory of Dams, dams are a critical and ubiquitous part of our nation's infrastructure. In Hawaii, 142 State-regulated dams are located across our islands from Kekaha on Kauai to Paauilo on Hawaii Island. These dams are owned by non-profit organizations, private companies, individuals, and Federal, State, and local governments. While they go largely unseen, dams benefit our lives every day. They provide drinking water, hydroelectric power, irrigation water, flood control, and recreational opportunities.

However, dams also pose a significant risk to public safety, local economies, and the environment. Our nation's dams received a grade of ``D'' from the American Society of Civil Engineers 2009 Report Card for America's Infrastructure, which cited more than 4,000 deficient dams, including more than 1,800 that would result in loss of life if they failed. Unfortunately, we know that this risk is not just hypothetical. In 2006, the Ka Loko Dam on Kauai collapsed killing seven people, and dozens of other dam failures have occurred across the nation since that time. While we cannot avoid all dam incidents, this legislation will help prevent dam disasters and better prepare Americans for when they do happen.

The National Dam Safety Program is the foundation of prevention efforts nationally. The program helps states to check for deteriorating conditions at dams. This is important so that repairs can be made in order to safeguard against incidents that result in loss of life and property. The program also helps ensure that states have the technical assistance, training, and procedures needed to prevent dams from reaching a condition that puts communities in danger.

I very much appreciate the involvement of experts in dam safety, including FEMA, the Army Corps of Engineers, Hawaii Department of Land and Natural Resources, the American Society of Civil Engineers, and the Association of State Dam Safety Officials, in developing this legislation. I urge my colleagues to support his measure.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on June 28, 2012, in room SD-628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a business meeting to consider the following:

H.R. 443, To provide for the conveyance of certain property

from the United States to the Maniilaq Association located in

Kotzebue, Alaska; H.R. 1560, To amend the Ysleta del Sur

Pueblo and Alabama and Coushatta Indian Tribes of Texas

Restoration Act to allow the Ysleta del Sur Pueblo Tribe to

determine blood quantum requirement for membership in that

tribe; H.R. 1272, To provide for the use and distribution of

the funds awarded to the Minnesota Chippewa Tribe, et al, by

the United States Court of Federal Claims in Docket Numbers

19 and 188, and for other purposes; S. 134, A bill to

authorize the Mescalero Apache Tribe to lease adjudicated

water rights; S. 1065, A bill to settle land claims within

the Fort Hall Reservation; S. 2389, A bill to deem the

submission of certain claims to an Indian Health Service

contracting officer as timely; and S. 3193, A bill to make

technical corrections to the legal description of certain

land to be held in trust for the Barona Band of Mission

Indians, and for other purposes.

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. President, I rise today to speak in favor of amendment No. 2440 to the farm bill. This amendment would improve implementation of an existing program at USDA which provides loans to purchasers of highly fractionated Indian lands.

One unfortunate legacy of policies of the late 1800s is that many Indian lands are highly fractionated. This means that one parcel of land might have hundreds or even thousands of owners. Highly fractionated parcels make putting these Indian lands to viable use virtually impossible. This goes against any well-established Federal Indian policies encouraging the productive use of Indian lands.

As chair of the Committee on Indian Affairs, I have worked with the USDA and stakeholders to craft this amendment to improve agricultural land use for tribal governments and individual Indians. I urge my colleagues to support this amendment.

Mr. President, I call up my amendment and speak in favor of amendment No. 2396, a bipartisan amendment Senator Thune and I are offering to the farm bill.

I rise today to speak in favor of amendment No. 2396, a bipartisan amendment Senator Thune and I are offering to the farm bill. This amendment would make permanent the Office of Tribal Relations at the USDA.

This office was created to ensure that the USDA upholds Federal Indian policy and maintains its government-to-government relationship with tribes. Permanently establishing this office will ensure that tribal governments can develop their programs in parity with their neighbors in rural America. It will ensure that the USDA consults with tribal governments and that tribes can participate in programs related to agricultural, infrastructure, and economic development opportunities.

I encourage all my colleagues to support this bipartisan amendment to the farm bill.

I thank the Chair, I yield back the remainder of my time, and I call up amendment No. 2396.

I ask unanimous consent that further reading of the amendment be dispensed with.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on June 14, 2012, in room SD 628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a hearing entitled ``New Tax Burdens on Tribal Self- Determination.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224 2251.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on June 7, 2012, in room SD 628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a hearing entitled ``Universal Service Fund Reform: Ensuring a Sustainable and Connected Future for Native Communities.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224 2251.

Committee on Energy and Natural Resources

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on May 24, 2012, in room SD 628 of the Dirksen Senate Office Building, at 12:45 p.m., to conduct a hearing entitled ``Programs and Services for Native Veterans.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224 2251.