[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9557-S9558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NATIVE HAWAIIAN GOVERNMENT REORGANIZATION ACT OF 2005--MOTION TO 
                                PROCEED

  Mr. FRIST. Mr. President, I now move to proceed to Calendar No. 101, 
S. 147, the Native Hawaiians bill, and I send a cloture motion to the 
desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

  We the undersigned Senators, in accordance with the provisions of 
rule XXII of the Standing Rules of the Senate, do hereby move to bring 
to a close debate on the motion to proceed to Calendar No. 101, S. 147: 
A bill to express the policy of the United States regarding the United 
States relationship with Native Hawaiians and to provide a process for 
the recognition by the United States of the Native Hawaiian governing 
entity.
         Bill Frist, Jon Kyl, Gordon Smith, Orrin Hatch, Lincoln 
           Chafee, Chuck Grassley, Lindsey Graham, Norm Coleman, 
           Daniel Inouye, Daniel K. Akaka, Patrick Leahy, Harry 
           Reid, Dick Durbin, Patty Murray, Jack Reed, Dianne 
           Feinstein, Herb Kohl.

  Mr. FRIST. Mr. President, I am happy to yield to the Senator from 
Hawaii for a comment on the Native Hawaiians bill.
  Mr. AKAKA. Mr. President, I thank the Majority Leader. I rise today 
to express my thanks to the Majority Leader for laying down the cloture 
petition on the motion to proceed to S. 147. As many of my colleagues 
are aware, I have worked closely with Hawaii's senior senator to bring 
the Native Hawaiian Government Reorganization Act to the Senate floor 
for debate and vote. We have struggled for five years to bring this 
bill to the floor.
  I applaud the Majority Leader and the Democratic Leader for their 
efforts to uphold a commitment that was made last year for a debate and 
vote on the Native Hawaiian Government Reorganization Act prior to the 
August recess. While I am very disappointed that we were not able to 
consider the bill, I look forward to action on S. 147 when we return in 
September.
  This is a bipartisan bill which is widely supported in Hawaii. The 
bill is supported by Hawaii's Governor, Linda Lingle, the first 
Republican governor in Hawaii in 40 years, who testified in strong 
support of the bill before the Senate Committee on Indian Affairs. The 
bill is also supported by the Hawaii State Legislature which passed 
resolutions in support of the bill in 2000, 2001, and 2005. The bill is 
cosponsored by Senators Cantwell, Coleman, Dodd, Dorgan, Graham, 
Inouye, Murkowski, Smith, and Stevens. I want to especially thank the 
bill cosponsors who have actively worked with us to try to get this 
bill before the Senate.
  S. 147 sets up a process for the reorganization of the Native 
Hawaiian governing entity for the purposes of a federally recognized 
government-to-government relationship. Congress has always treated 
Native Hawaiians in a manner similar to that of American Indians and 
Alaska Natives because of its recognition of Native Hawaiians as 
indigenous peoples.
  Some have argued that Native Hawaiians are not native ``enough'' for 
a government-to-government relationship. There is no doubt that Native 
Hawaiians are indigenous to Hawaii. There is no doubt that Native 
Hawaiians exercised sovereignty over the Hawaiian archipelago. There is 
no doubt that Native Hawaiians had a governing structure and entered 
into treaties with the United States, similar to that of their American 
Indian and Alaska Native brethren.
  Where we differ is that whereas most tribes have been allowed to 
retain their governing structure, Native Hawaiians, following the 
overthrow of the Hawaiian Kingdom, were forbidden from maintaining 
their government. Native Hawaiians did, however, maintain distinct 
communities, and retained their language, customs, tradition, and 
culture despite efforts to extinguish these ``native'' practices.
  The bill does not create a new relationship--Congress has long 
recognized its legal and political relationship with Native Hawaiians 
as evidenced by the many statutes enacted to address the conditions of 
Native Hawaiians. This bill does not create a new group of natives--we 
have always been here, in fact we were here before the United States. 
Rather, this bill establishes parity in federal policies towards native 
peoples in the United States by formally extending the federal policy 
of self-governance and self-determination to Native Hawaiians.

[[Page S9558]]

  I look forward to a full and thorough debate on this bill in 
September. I urge all of my colleagues to support the petition to 
invoke cloture--after five years, the people of Hawaii deserve to have 
this issue considered by the Senate. If you oppose the bill, then vote 
against it, but give us the opportunity to debate the merits of this 
bill. Unfortunately, there are some in this body who do not even want 
to allow us to debate this issue. I ask them to carefully consider 
their position over the August recess. While I respect their ability to 
use Senate procedure to prevent us from considering this measure, I do 
not agree with their tactics. I believe the people of Hawaii deserve 
more than that--we deserve a full debate and up or down vote on this 
bill.
  Once again, I thank the Majority and Democratic leaders for working 
with us to bring this issue before the Senate for its consideration.
  Mr. FRIST. Mr. President, through the Chair, I thank the 
distinguished Senator from Hawaii.
  I ask unanimous consent that notwithstanding rule XXII, this cloture 
vote occur at 5:30 on Tuesday, September 6, with the mandatory live 
quorum waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. Mr. President, I withdraw my motion.

                          ____________________