[Congressional Record Volume 156, Number 23 (Tuesday, February 23, 2010)]
[House]
[Pages H714-H731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NATIVE HAWAIIAN GOVERNMENT REORGANIZATION ACT OF 2009--CONTINUED


     Part A Amendment in the Nature of a Substitute Offered by Mr. 
                              Abercrombie

  Mr. ABERCROMBIE. Mr. Speaker, I have an amendment in the nature of a 
substitute made in order under the rule.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment in the nature of a substitute printed in part A 
     of House Report 111-413 offered by Mr. Abercrombie:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native Hawaiian Government 
     Reorganization Act of 2010''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Constitution vests Congress with the authority to 
     address the conditions of the indigenous, native people of 
     the United States and the Supreme Court has held that under 
     the Indian Commerce, Treaty, Supremacy, and Property Clauses, 
     and the War Powers, Congress may exercise that power to 
     rationally promote the welfare of the native peoples of the 
     United States so long as the native people are a ``distinctly 
     native community'';
       (2) Native Hawaiians, the native people of the Hawaiian 
     archipelago that is now part of the United States, are 1 of 
     the indigenous, native peoples of the United States, and the 
     Native Hawaiian people are a distinctly native community;
       (3) the United States has a special political and legal 
     relationship with, and has long enacted legislation to 
     promote the welfare of, the native peoples of the United 
     States, including the Native Hawaiian people;
       (4) under the authority of the Constitution, the United 
     States concluded a number of treaties with the Kingdom of 
     Hawaii, and from 1826 until 1893, the United States--
       (A) recognized the sovereignty of the Kingdom of Hawaii as 
     a nation;
       (B) accorded full diplomatic recognition to the Kingdom of 
     Hawaii; and
       (C) entered into treaties and conventions of peace, 
     friendship and commerce with the Kingdom of Hawaii to govern 
     trade, commerce, and navigation in 1826, 1842, 1849, 1875, 
     and 1887;
       (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42), the United States set aside 
     approximately 203,500 acres of land in trust to better 
     address the conditions of Native Hawaiians in the

[[Page H715]]

     Federal territory that later became the State of Hawaii and 
     in enacting the Hawaiian Homes Commission Act, 1920, Congress 
     acknowledged the Native Hawaiian people as a native people of 
     the United States, as evidenced by the Committee Report, 
     which notes that Congress relied on the Indian affairs power 
     and the War Powers, including the power to make peace;
       (6) by setting aside 203,500 acres of land in trust for 
     Native Hawaiian homesteads and farms, the Hawaiian Homes 
     Commission Act, 1920, assists the members of the Native 
     Hawaiian community in maintaining distinctly native 
     communities throughout the State of Hawaii;
       (7) approximately 9,800 Native Hawaiian families reside on 
     the Hawaiian Home Lands, and approximately 25,000 Native 
     Hawaiians who are eligible to reside on the Hawaiian Home 
     Lands are on a waiting list to receive assignments of 
     Hawaiian Home Lands;
       (8)(A) in 1959, as part of the compact with the United 
     States admitting Hawaii into the Union, Congress delegated 
     the authority and responsibility to administer the Hawaiian 
     Homes Commission Act, 1920, lands in trust for Native 
     Hawaiians and established a new public trust (commonly known 
     as the ``ceded lands trust''), for 5 purposes, 1 of which is 
     the betterment of the conditions of Native Hawaiians, and 
     Congress thereby reaffirmed its recognition of the Native 
     Hawaiians as a distinctly native community with a direct 
     lineal and historical succession to the aboriginal, 
     indigenous people of Hawaii;
       (B) the public trust consists of lands, including submerged 
     lands, natural resources, and the revenues derived from the 
     lands; and
       (C) the assets of this public trust have never been 
     completely inventoried or segregated;
       (9) Native Hawaiians have continuously sought access to the 
     ceded lands in order to establish and maintain native 
     settlements and distinct native communities throughout the 
     State;
       (10) the Hawaiian Home Lands and other ceded lands provide 
     important native land reserves and resources for the Native 
     Hawaiian community to maintain the practice of Native 
     Hawaiian culture, language, and traditions, and for the 
     continuity, survival, and economic self-sufficiency of the 
     Native Hawaiian people as a distinctly native political 
     community;
       (11) Native Hawaiians continue to maintain other distinctly 
     native areas in Hawaii, including native lands that date back 
     to the ali`i and kuleana lands reserved under the Kingdom of 
     Hawaii;
       (12) through the Sovereign Council of Hawaiian Homelands 
     Assembly and Native Hawaiian homestead associations, Native 
     Hawaiian civic associations, charitable trusts established by 
     the Native Hawaiian ali`i, nonprofit native service providers 
     and other community associations, the Native Hawaiian people 
     have actively maintained native traditions and customary 
     usages throughout the Native Hawaiian community and the 
     Federal and State courts have continuously recognized the 
     right of the Native Hawaiian people to engage in certain 
     customary practices and usages on public lands;
       (13) on November 23, 1993, public law 103-150 (107 Stat. 
     1510) (commonly known as the ``Apology Resolution'') was 
     enacted into law, extending an apology to Native Hawaiians on 
     behalf of the people of the United States for the United 
     States' role in the overthrow of the Kingdom of Hawaii;
       (14) the Apology Resolution acknowledges that the overthrow 
     of the Kingdom of Hawaii occurred with the active 
     participation of agents and citizens of the United States, 
     and further acknowledges that the Native Hawaiian people 
     never directly relinquished to the United States their claims 
     to their inherent sovereignty as a people over their national 
     lands, either through the Kingdom of Hawaii or through a 
     plebiscite or referendum;
       (15)(A) the Apology Resolution expresses the commitment of 
     Congress and the President--
       (i) to acknowledge the ramifications of the overthrow of 
     the Kingdom of Hawaii; and
       (ii) to support reconciliation efforts between the United 
     States and Native Hawaiians;
       (B) Congress established the Office of Hawaiian Relations 
     within the Department of the Interior with 1 of its purposes 
     being to consult with Native Hawaiians on the reconciliation 
     process; and
       (C) the United States has the duty to reconcile and 
     reaffirm its friendship with the Native Hawaiian people 
     because, among other things, the United States Minister and 
     United States naval forces participated in the overthrow of 
     the Kingdom of Hawaii;
       (16)(A) despite the overthrow of the Government of the 
     Kingdom of Hawaii, Native Hawaiians have continued to 
     maintain their separate identity as a single distinctly 
     native political community through cultural, social, and 
     political institutions, and to give expression to their 
     rights as native people to self-determination, self-
     governance, and economic self-sufficiency; and
       (B) there is clear continuity between the aboriginal, 
     indigenous, native people of the Kingdom of Hawaii and their 
     successors, the Native Hawaiian people today;
       (17) Native Hawaiians have also given expression to their 
     rights as native people to self-determination, self-
     governance, and economic self-sufficiency--
       (A) through the provision of governmental services to 
     Native Hawaiians, including the provision of--
       (i) health care services;
       (ii) educational programs;
       (iii) employment and training programs;
       (iv) economic development assistance programs;
       (v) children's services;
       (vi) conservation programs;
       (vii) fish and wildlife protection;
       (viii) agricultural programs;
       (ix) native language immersion programs;
       (x) native language immersion schools from kindergarten 
     through high school;
       (xi) college and master's degree programs in native 
     language immersion instruction; and
       (xii) traditional justice programs; and
       (B) by continuing their efforts to enhance Native Hawaiian 
     self-determination and local control;
       (18) Native Hawaiian people are actively engaged in Native 
     Hawaiian cultural practices, traditional agricultural 
     methods, fishing and subsistence practices, maintenance of 
     cultural use areas and sacred sites, protection of burial 
     sites, and the exercise of their traditional rights to gather 
     medicinal plants and herbs, and food sources;
       (19) the Native Hawaiian people wish to preserve, develop, 
     and transmit to future generations of Native Hawaiians their 
     lands and Native Hawaiian political and cultural identity in 
     accordance with their traditions, beliefs, customs and 
     practices, language, and social and political institutions, 
     to control and manage their own lands, including ceded lands, 
     and to achieve greater self-determination over their own 
     affairs;
       (20) this Act provides a process within the framework of 
     Federal law for the Native Hawaiian people to exercise their 
     inherent rights as a distinct, indigenous, native community 
     to reorganize a single unified Native Hawaiian governing 
     entity for the purpose of giving expression to their rights 
     as a native people to self-determination and self-governance;
       (21) Congress--
       (A) has declared that the United States has a special 
     political and legal relationship for the welfare of the 
     native peoples of the United States, including Native 
     Hawaiians;
       (B) has identified Native Hawaiians as an indigenous, 
     distinctly native people of the United States within the 
     scope of its authority under the Constitution, and has 
     enacted scores of statutes on their behalf; and
       (C) has delegated broad authority to the State of Hawaii to 
     administer some of the United States' responsibilities as 
     they relate to the Native Hawaiian people and their lands;
       (22) the United States has recognized and reaffirmed the 
     special political and legal relationship with the Native 
     Hawaiian people through the enactment of the Act entitled, 
     ``An Act to provide for the admission of the State of Hawaii 
     into the Union'', approved March 18, 1959 (Public Law 86-3; 
     73 Stat. 4), by--
       (A) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held as a public trust for 5 purposes, 1 of which is 
     for the betterment of the conditions of Native Hawaiians; and
       (B) transferring the United States responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the exclusive right of the United 
     States to consent to any actions affecting the lands included 
     in the trust and any amendments to the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42), that are 
     enacted by the legislature of the State of Hawaii affecting 
     the beneficiaries under the Act;
       (23) the United States has continually recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a direct genealogical, cultural, 
     historic, and land-based connection to their forebears, the 
     aboriginal, indigenous, native people who exercised original 
     sovereignty over the Hawaiian Islands;
       (B) Native Hawaiians have never relinquished their claims 
     to sovereignty or their sovereign lands;
       (C) the United States extends services to Native Hawaiians 
     because of their unique status as the native people of a 
     prior-sovereign nation with whom the United States has a 
     special political and legal relationship; and
       (D) the special relationship of American Indians, Alaska 
     Natives, and Native Hawaiians to the United States arises out 
     of their status as aboriginal, indigenous, native people of 
     the United States; and
       (24) the State of Hawaii supports the reaffirmation of the 
     special political and legal relationship between the Native 
     Hawaiian governing entity and the United States, as evidenced 
     by 2 unanimous resolutions enacted by the Hawaii State 
     Legislature in the 2000 and 2001 sessions of the Legislature 
     and by the testimony of the Governor of the State of Hawaii 
     before the Committee on Indian Affairs of the Senate on 
     February 25, 2003, and March 1, 2005.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aboriginal, indigenous, native people.--The term 
     ``aboriginal, indigenous, native people'' means a people whom 
     Congress has recognized as the original inhabitants of the 
     lands that later became part of the United States and who 
     exercised sovereignty in the areas that later became part of 
     the United States.
       (2) Apology resolution.--The term ``Apology Resolution'' 
     means Public Law 103-150

[[Page H716]]

     (107 Stat. 1510), a Joint Resolution extending an apology to 
     Native Hawaiians on behalf of the United States for the 
     participation of agents of the United States in the January 
     17, 1893, overthrow of the Kingdom of Hawaii.
       (3) Commission.--The term ``Commission'' means the 
     Commission established under section 8(b).
       (4) Council.--The term ``Council'' means the Native 
     Hawaiian Interim Governing Council established under section 
     8(c)(2).
       (5) Indian program or service.--
       (A) In general.--The term ``Indian program or service'' 
     means any federally funded or authorized program or service 
     provided to an Indian tribe (or member of an Indian tribe) 
     because of the status of the members of the Indian tribe as 
     Indians.
       (B) Inclusions.--The term ``Indian program or service'' 
     includes a program or service provided by the Bureau of 
     Indian Affairs, the Indian Health Service, or any other 
     Federal agency.
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Indigenous, native people.--The term ``indigenous, 
     native people'' means the lineal descendants of the 
     aboriginal, indigenous, native people of the United States.
       (8) Interagency coordinating group.--The term ``Interagency 
     Coordinating Group'' means the Native Hawaiian Interagency 
     Coordinating Group established under section 6.
       (9) Native hawaiian governing entity.--The term ``Native 
     Hawaiian governing entity'' means the governing entity 
     organized pursuant to this Act by the qualified Native 
     Hawaiian constituents.
       (10) Native hawaiian membership organization.--The term 
     ``Native Hawaiian membership organization'' means an 
     organization that--
       (A) serves and represents the interests of Native 
     Hawaiians, has as a primary and stated purpose the provision 
     of services to Native Hawaiians, and has expertise in Native 
     Hawaiian affairs;
       (B) has leaders who are elected democratically, or selected 
     through traditional Native leadership practices, by members 
     of the Native Hawaiian community;
       (C) advances the cause of Native Hawaiians culturally, 
     socially, economically, or politically;
       (D) is a membership organization or association; and
       (E) has an accurate and reliable list of Native Hawaiian 
     members.
       (11) Office.--The term ``Office'' means the United States 
     Office of Hawaiian Relations established by section 5(a).
       (12) Qualified native hawaiian constituent.--For the 
     purposes of establishing the roll authorized under section 8, 
     and prior to the recognition by the United States of the 
     Native Hawaiian governing entity, the term ``qualified Native 
     Hawaiian constituent'' means an individual who the Commission 
     determines has satisfied the following criteria and who makes 
     a written statement certifying that he or she
       (A) is--
       (i) an individual who is 1 of the indigenous, native people 
     of Hawaii and who is a direct lineal descendant of the 
     aboriginal, indigenous, native people who--

       (I) resided in the islands that now comprise the State of 
     Hawaii on or before January 1, 1893; and
       (II) occupied and exercised sovereignty in the Hawaiian 
     archipelago, including the area that now constitutes the 
     State of Hawaii; or

       (ii) an individual who is 1 of the indigenous, native 
     people of Hawaii and who was eligible in 1921 for the 
     programs authorized by the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 108, chapter 42), or a direct lineal 
     descendant of that individual;
       (B) wishes to participate in the reorganization of the 
     Native Hawaiian governing entity;
       (C) is 18 years of age or older;
       (D) is a citizen of the United States; and
       (E) maintains a significant cultural, social, or civic 
     connection to the Native Hawaiian community, as evidenced by 
     satisfying 2 or more of the following 10 criteria:
       (i) Resides in the State of Hawaii.
       (ii) Resides outside the State of Hawaii and--

       (I)(aa) currently serves or served as (or has a parent or 
     spouse who currently serves or served as) a member of the 
     Armed Forces or as an employee of the Federal Government; and
       (bb) resided in the State of Hawaii prior to the time he or 
     she (or such parent or spouse) left the State of Hawaii to 
     serve as a member of the Armed Forces or as an employee of 
     the Federal Government; or
       (II)(aa) currently is or was enrolled (or has a parent or 
     spouse who currently is or was enrolled) in an accredited 
     institution of higher education outside the State of Hawaii; 
     and
       (bb) resided in the State of Hawaii prior to the time he or 
     she (or such parent or spouse) left the State of Hawaii to 
     attend such institution.

       (iii)(I) Is or was eligible to be a beneficiary of the 
     programs authorized by the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 108, chapter 42), and resides or resided on 
     land set aside as ``Hawaiian home lands'', as defined in such 
     Act; or
       (II) Is a child or grandchild of an individual who is or 
     was eligible to be a beneficiary of the programs authorized 
     by such Act and who resides or resided on land set aside as 
     ``Hawaiian home lands'', as defined in such Act.
       (iv) Is or was eligible to be a beneficiary of the programs 
     authorized by the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42).
       (v) Is a child or grandchild of an individual who is or was 
     eligible to be a beneficiary of the programs authorized by 
     the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42).
       (vi) Resides on or has an ownership interest in, or has a 
     parent or grandparent who resides on or has an ownership 
     interest in, ``kuleana land'' that is owned in whole or in 
     part by a person who, according to a genealogy verification 
     by the Office of Hawaiian Affairs or by court order, is a 
     lineal descendant of the person or persons who received the 
     original title to such ``kuleana land'', defined as lands 
     granted to native tenants pursuant to Haw. L. 1850, p. 202, 
     entitled ``An Act Confirming Certain Resolutions of the King 
     and Privy Council Passed on the 21st day of December, A.D. 
     1849, Granting to the Common People Allodial Titles for Their 
     Own Lands and House Lots, and Certain Other Privileges'', as 
     amended by Haw. L. 1851, p. 98, entitled ``An Act to Amend An 
     Act Granting to the Common People Allodial Titles for Their 
     Own Lands and House Lots, and Certain Other Privileges'' and 
     as further amended by any subsequent legislation.
       (vii) Is, or is the child or grandchild of, an individual 
     who has been or was a student for at least 1 school year at a 
     school or program taught through the medium of the hawaiian 
     language under section 302H-6, Hawaii Revised Statutes, or at 
     a school founded and operated primarily or exclusively for 
     the benefit of Native Hawaiians.
       (viii) Has been a member since September 30, 2009, of at 
     least 1 Native Hawaiian membership organization.
       (ix) Has been a member since September 30, 2009, of at 
     least 2 Native Hawaiian membership organizations.
       (x) Is regarded as Native Hawaiian and whose mother or 
     father is (or if deceased, was) regarded as Native Hawaiian 
     by the Native Hawaiian community, as evidenced by sworn 
     affidavits from two or more qualified Native Hawaiian 
     constituents certified by the Commission as possessing 
     expertise in the social, cultural, and civic affairs of the 
     Native Hawaiian community.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) Special political and legal relationship.--The term 
     ``special political and legal relationship'' shall refer, 
     except where differences are specifically indicated elsewhere 
     in the Act, to the type of and nature of relationship the 
     United States has with the several federally recognized 
     Indian tribes.

     SEC. 4. UNITED STATES POLICY AND PURPOSE.

       (a) Policy.--The United States reaffirms that--
       (1) Native Hawaiians are a unique and distinct, indigenous, 
     native people with whom the United States has a special 
     political and legal relationship;
       (2) the United States has a special political and legal 
     relationship with the Native Hawaiian people, which includes 
     promoting the welfare of Native Hawaiians;
       (3)(A) Congress possesses and hereby exercises the 
     authority under the Constitution, including but not limited 
     to Article I, Section 8, Clause 3, to enact legislation to 
     better the conditions of Native Hawaiians and has exercised 
     this authority through the enactment of--
       (i) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42);
       (ii) the Act entitled ``an Act to provide for the admission 
     of the State of Hawaii into the Union'', approved March 18, 
     1959 (Public Law 86-3; 73 Stat. 4); and
       (iii) more than 150 other Federal laws addressing the 
     conditions of Native Hawaiians;
       (B) other sources of authority under the Constitution for 
     legislation on behalf of the indigenous, native peoples of 
     the United States, including Native Hawaiians, include but 
     are not limited to the Property, Treaty, and Supremacy 
     Clauses, War Powers, and the Fourteenth Amendment, and 
     Congress hereby relies on those powers in enacting this 
     legislation; and
       (C) the Constitution's original Apportionment Clause and 
     the 14th Amendment Citizenship and amended Apportionment 
     Clauses also acknowledge the propriety of legislation on 
     behalf of the native peoples of the United States, including 
     Native Hawaiians;
       (4) Native Hawaiians have--
       (A) an inherent right to autonomy in their internal 
     affairs;
       (B) an inherent right of self-determination and self-
     governance;
       (C) the right to reorganize a Native Hawaiian governing 
     entity; and
       (D) the right to become economically self-sufficient; and
       (5) the United States shall continue to engage in a process 
     of reconciliation and political relations with the Native 
     Hawaiian people.
       (b) Purpose.--The purpose of this Act is to provide a 
     process for the reorganization of the single Native Hawaiian 
     governing entity and the reaffirmation of the special 
     political and legal relationship between the United States 
     and that Native Hawaiian governing entity for purposes of 
     continuing a government-to-government relationship.

[[Page H717]]

     SEC. 5. UNITED STATES OFFICE OF HAWAIIAN RELATIONS.

       (a) Establishment.--There is established within the Office 
     of the Secretary the United States Office of Hawaiian 
     Relations.
       (b) Duties.--The Office shall--
       (1) continue the process of reconciliation with the Native 
     Hawaiian people in furtherance of the Apology Resolution;
       (2) upon the reaffirmation of the government-to-government 
     relationship between the single Native Hawaiian governing 
     entity and the United States, effectuate and coordinate the 
     special political and legal relationship between the Native 
     Hawaiian governing entity and the United States through the 
     Secretary, and with all other Federal agencies;
       (3) provide timely notice to, and consult with, the Native 
     Hawaiian governing entity before taking any actions that may 
     have the potential to significantly affect Native Hawaiian 
     resources, rights, or lands;
       (4) work with the Interagency Coordinating Group, other 
     Federal agencies, and the State of Hawaii on policies, 
     practices, and proposed actions affecting Native Hawaiian 
     resources, rights, or lands; and
       (5) prepare and submit to the Committee on Indian Affairs 
     and the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives an annual report detailing the activities of 
     the Interagency Coordinating Group that are undertaken with 
     respect to the continuing process of reconciliation and to 
     effect meaningful consultation with the Native Hawaiian 
     governing entity and may provide recommendations for any 
     necessary changes to Federal law or regulations promulgated 
     under the authority of Federal law.
       (c) Applicability to Department of Defense.--This section 
     shall have no applicability to the Department of Defense or 
     to any agency or component of the Department of Defense, but 
     the Secretary of Defense may designate 1 or more officials as 
     liaison to the Office.

     SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

       (a) Establishment.--In recognition that Federal programs 
     authorized to address the conditions of Native Hawaiians are 
     largely administered by Federal agencies other than the 
     Department of the Interior, there is established an 
     interagency coordinating group, to be known as the ``Native 
     Hawaiian Interagency Coordinating Group''.
       (b) Composition.--The Interagency Coordinating Group shall 
     be composed of officials, to be designated by the President, 
     from--
       (1) each Federal agency whose actions may significantly or 
     uniquely impact Native Hawaiian programs, resources, rights, 
     or lands; and
       (2) the Office.
       (c) Lead Agency.--
       (1) In general.--The Department of the Interior and the 
     White House Office of Intergovernmental Affairs shall serve 
     as the leaders of the Interagency Coordinating Group.
       (2) Meetings.--The Secretary shall convene meetings of the 
     Interagency Coordinating Group.
       (d) Duties.--The Interagency Coordinating Group shall--
       (1) coordinate Federal programs and policies that affect 
     Native Hawaiians or actions by any agency or agencies of the 
     Federal Government that may significantly or uniquely affect 
     Native Hawaiian resources, rights, or lands;
       (2) consult with the Native Hawaiian governing entity, 
     through the coordination referred to in paragraph (1), but 
     the consultation obligation established in this provision 
     shall apply only after the satisfaction of all of the 
     conditions referred to in section 8(c)(8); and
       (3) ensure the participation of each Federal agency in the 
     development of the report to Congress authorized in section 
     5(b)(5).
       (e) Applicability to Department of Defense.--This section 
     shall have no applicability to the Department of Defense or 
     to any agency or component of the Department of Defense, but 
     the Secretary of Defense may designate 1 or more officials as 
     liaison to the Interagency Coordinating Group.

     SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

       The Attorney General shall designate an appropriate 
     official within the Department of Justice to assist the 
     Office in the implementation and protection of the rights of 
     Native Hawaiians and their political and legal relationship 
     with the United States, and upon the recognition of the 
     Native Hawaiian governing entity as provided for in section 
     8, in the implementation and protection of the rights of the 
     Native Hawaiian governing entity and its political and legal 
     relationship with the United States.

     SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HAWAIIAN 
                   GOVERNING ENTITY AND REAFFIRMATION OF SPECIAL 
                   POLITICAL AND LEGAL RELATIONSHIP BETWEEN UNITED 
                   STATES AND NATIVE HAWAIIAN GOVERNING ENTITY.

       (a) Recognition of Native Hawaiian Governing Entity.--The 
     right of the qualified Native Hawaiian constituents to 
     reorganize the single Native Hawaiian governing entity to 
     provide for their common welfare and to adopt appropriate 
     organic governing documents is recognized by the United 
     States.
       (b) Commission.--
       (1) In general.--There is authorized to be established a 
     Commission to be composed of 9 members for the purposes of--
       (A) preparing and maintaining a roll of qualified Native 
     Hawaiian constituents; and
       (B) certifying that the individuals on the roll of 
     qualified Native Hawaiian constituents meet the definition of 
     qualified Native Hawaiian constituent set forth in section 3.
       (2) Membership.--
       (A) Appointment.--
       (i) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall appoint the 
     members of the Commission in accordance with subparagraph 
     (B).
       (ii) Consideration.--In making an appointment under clause 
     (i), the Secretary may take into consideration a 
     recommendation made by any Native Hawaiian membership 
     organization or other entity with expertise and experience in 
     the determination of Native Hawaiian ancestry and lineal 
     descendancy.
       (B) Requirements.--Each member of the Commission shall 
     demonstrate, as determined by the Secretary--
       (i) not less than 10 years of experience in the study and 
     determination of Native Hawaiian genealogy (traditional 
     cultural experience shall be given due consideration); and
       (ii) an ability to read and translate into English 
     documents written in the Hawaiian language.
       (C) Vacancies.--A vacancy on the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled in the same manner as the original 
     appointment.
       (3) Expenses.--Each member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (4) Duties.--The Commission shall--
       (A) prepare and maintain a roll of qualified Native 
     Hawaiian constituents as set forth in subsection (c); and
       (B) certify that the individuals on the roll of qualified 
     Native Hawaiian constituents meet the definition of that term 
     as set forth in section 3.
       (5) Staff.--
       (A) In general.--The Commission may, without regard to the 
     civil service laws (including regulations), appoint and 
     terminate an executive director and such other additional 
     personnel as are necessary to enable the Commission to 
     perform the duties of the Commission.
       (B) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Commission may fix the compensation of the executive director 
     and other personnel without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (6) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (7) Procurement of temporary and intermittent services.--
     The Commission may procure temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (8) Expiration.--The Secretary shall dissolve the 
     Commission upon the reaffirmation of the special political 
     and legal relationship between the Native Hawaiian governing 
     entity and the United States.
       (c) Process for Reorganization of Native Hawaiian Governing 
     Entity.--
       (1) Roll.--
       (A) Contents.--The roll shall include the names of the 
     qualified Native Hawaiian constituents who are certified by 
     the Commission to be qualified Native Hawaiian constituents, 
     as defined in section 3.
       (B) Formation of roll.--Each individual claiming to be a 
     qualified Native Hawaiian constituent shall submit to the 
     Commission documentation in the form established by the 
     Commission that is sufficient to enable the Commission to 
     determine whether the individual meets the definition set 
     forth in section 3; provided that an individual presenting 
     evidence that he or she satisfies the definition in Section 2 
     of Public Law 103-150 shall be presumed to meet the 
     requirement of section 3(12)(A)(i).
       (C) Documentation.--The Commission shall--
       (i)(I) identify the types of documentation that may be 
     submitted to the Commission that would enable the Commission 
     to determine whether an individual meets the definition of 
     qualified Native Hawaiian constituent set forth in section 3.
       (II) recognize an individual's identification of lineal 
     ancestors on the 1890 Census by the Kingdom of Hawaii as a 
     reliable indicia of lineal descent from the aboriginal, 
     indigenous, native people who resided in the islands that now 
     comprise the State of Hawaii on or before January 1, 1893; 
     and

[[Page H718]]

       (III) permit elderly Native Hawaiians and other qualified 
     Native Hawaiian constituents lacking birth certificates or 
     other documentation due to birth on Hawaiian Home Lands or 
     other similar circumstances to establish lineal descent by 
     sworn affidavits from 2 or more qualified Native Hawaiian 
     constituents;
       (ii) establish a standard format for the submission of 
     documentation and a process to ensure veracity; and
       (iii) publish information related to clauses (i) and (ii) 
     in the Federal Register.
       (D) Consultation.--In making determinations that each 
     individual proposed for inclusion on the roll of qualified 
     Native Hawaiian constituents meets the definition of 
     qualified Native Hawaiian constituent in section 3, the 
     Commission may consult with bona fide Native Hawaiian 
     membership organizations, agencies of the State of Hawaii, 
     including but not limited to, the Department of Hawaiian Home 
     Lands, the Office of Hawaiian Affairs, and the State 
     Department of Health, and other entities with expertise and 
     experience in the determination of Native Hawaiian ancestry 
     and lineal descendancy.
       (E) Notification.--The Commission shall--
       (i) inform an individual whether they have been deemed by 
     the Commission a qualified Native Hawaiian constituent; and
       (ii) inform an individual of a right to appeal the decision 
     if deemed not to be a qualified Native Hawaiian constituent.
       (F) Certification and submittal of roll to secretary.--The 
     Commission shall--
       (i) submit the roll containing the names of those 
     individuals who meet the definition of qualified Native 
     Hawaiian constituent in section 3 to the Secretary within 2 
     years from the date on which the Commission is fully 
     composed; and
       (ii) certify to the Secretary that each of the qualified 
     Native Hawaiian constituents proposed for inclusion on the 
     roll meets the definition set forth in section 3.
       (G) Publication.--Upon certification by the Commission to 
     the Secretary that those listed on the roll meet the 
     definition of qualified Native Hawaiian constituent set forth 
     in section 3, the Commission shall publish the notice of the 
     certification of the roll in the Federal Register, 
     notwithstanding pending appeals pursuant to subparagraph (H).
       (H) Appeal.--The Secretary, in consultation with the 
     Commission, shall establish a mechanism for an administrative 
     appeal for any person whose name is excluded from the roll 
     who claims to meet the definition of qualified Native 
     Hawaiian constituent in section 3.
       (I) Publication; update.--The Commission shall--
       (i) publish the notice of the certification of the roll 
     regardless of whether appeals are pending;
       (ii) update the roll and provide notice of the updated roll 
     on the final disposition of any appeal;
       (iii) update the roll to include any person who has been 
     certified by the Commission as meeting the definition of 
     qualified Native Hawaiian constituent in section 3 after the 
     initial publication of the roll or after any subsequent 
     publications of the roll; and
       (iv) provide a copy of the roll and any updated rolls to 
     the Council.
       (J) Effect of publication.--The publication of the initial 
     and updated roll shall serve as the basis for the eligibility 
     of qualified Native Hawaiian constituents whose names are 
     listed on those rolls to participate in the reorganization of 
     the Native Hawaiian governing entity.
       (2) Organization of council.--
       (A) Organization.--The Commission, in consultation with the 
     Secretary, shall hold a minimum of 3 meetings, and each 
     meeting shall be at least 2 working days, of the qualified 
     Native Hawaiian constituents listed on the roll established 
     under this section--
       (i) to develop criteria for candidates to be elected to 
     serve on the Council;
       (ii) to determine the structure of the Council, including 
     the number of Council members; and
       (iii) to elect members from individuals listed on the roll 
     established under this subsection to the Council.
       (B) Powers.--
       (i) In general.--The Council--

       (I) shall represent those listed on the roll established 
     under this section in the implementation of this Act; and
       (II) shall have no powers other than powers given to the 
     Council under this Act.

       (ii) Funding.--The Council may enter into a contract with, 
     or obtain a grant from, any Federal or State agency to carry 
     out clause (iii).
       (iii) Activities.--

       (I) In general.--The Council shall conduct, among the 
     qualified Native Hawaiian constituents listed on the roll 
     established under this subsection, a referendum for the 
     purpose of determining the proposed elements of the organic 
     governing documents of the Native Hawaiian governing entity, 
     including but not limited to

       (aa) the proposed criteria for future membership in the 
     Native Hawaiian governing entity, provided that membership is 
     voluntary and can be relinquished;
       (bb) the proposed powers and authorities to be exercised by 
     the Native Hawaiian governing entity, as well as the proposed 
     privileges and immunities of the Native Hawaiian governing 
     entity;
       (cc) the proposed civil rights and protection of the rights 
     of the citizens of the Native Hawaiian governing entity and 
     all persons affected by the exercise of governmental powers 
     and authorities of the Native Hawaiian governing entity, 
     including the rights protected under section 202 of the 
     Indian Civil Rights Act of 1968 (25 U.S.C. 1302);
       (dd) the protection and preservation of the rights vested 
     on the date of enactment of this Act of those Native 
     Hawaiians who are eligible to reside on the Hawaiian 
     homelands under the authority of the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42); and
       (ee) other issues determined appropriate by the Council.

       (II) Development of organic governing documents.--Based on 
     the referendum, the Council shall develop proposed organic 
     governing documents for the Native Hawaiian governing entity 
     and may seek technical assistance from the Secretary on the 
     draft organic governing documents to ensure that the draft 
     organic governing documents comply with this Act and other 
     Federal law.
       (III) Distribution.--The Council shall publish to all 
     qualified Native Hawaiian constituents of the Native Hawaiian 
     governing entity listed on the roll published under this 
     subsection notice of the availability of--

       (aa) a copy of the proposed organic governing documents, as 
     drafted by the Council; and
       (bb) a brief impartial description of the proposed organic 
     governing documents;

       (IV) Elections.--

       (aa) In general.--Not sooner than 180 days after the 
     proposed organic governing documents are drafted and 
     distributed, the Council, with the assistance of the 
     Secretary, shall hold elections for the purpose of ratifying 
     the proposed organic governing documents.
       (bb) Purpose.--The Council, with the assistance of the 
     Secretary, shall hold the election for the purpose of 
     ratifying the proposed organic governing documents 60 days 
     after publishing notice of an election.
       (cc) Officers.--On certification of the organic governing 
     documents by the Secretary in accordance with paragraph (4), 
     the Council, with the assistance of the Secretary, shall hold 
     elections of the officers of the Native Hawaiian governing 
     entity pursuant to paragraph (5).
       (3) Submittal of organic governing documents.--Following 
     the reorganization of the Native Hawaiian governing entity 
     and the adoption of organic governing documents, the Council 
     shall submit the organic governing documents of the Native 
     Hawaiian governing entity to the Secretary.
       (4) Certifications.--
       (A) In general.--Within the context of the future 
     negotiations to be conducted under the authority of section 
     9(c)(1), and the subsequent actions by the Congress and the 
     State of Hawaii to enact legislation to implement the 
     agreements of the 3 governments, not later than 180 days, 
     which may be extended an additional 90 days if the Secretary 
     deems necessary, after the date on which the Council submits 
     the organic governing documents to the Secretary, the 
     Secretary shall certify or decline to certify that the 
     organic governing documents--
       (i) establish the criteria for membership in the Native 
     Hawaiian governing entity and provide that membership is 
     voluntary and can be relinquished;
       (ii) were adopted by a majority vote of those qualified 
     Native Hawaiian constituents whose names are listed on the 
     roll published by the Secretary and who voted in the 
     election;
       (iii) provide authority for the Native Hawaiian governing 
     entity to negotiate with Federal, State, and local 
     governments, and other entities;
       (iv) provide for the exercise of inherent and other 
     appropriate governmental authorities by the Native Hawaiian 
     governing entity;
       (v) prevent the sale, disposition, lease, or encumbrance of 
     lands, interests in lands, or other assets of the Native 
     Hawaiian governing entity without the consent of the Native 
     Hawaiian governing entity;
       (vi) provide for the protection of the civil rights of the 
     citizens of the Native Hawaiian governing entity and all 
     persons affected by the exercise of governmental powers and 
     authorities by the Native Hawaiian governing entity, 
     including the rights protected under section 202 of the 
     Indian Civil Rights Act of 1968 (25 U.S.C. 1302);
       (vii) provide for the protection and preservation of the 
     rights vested on the date of enactment of this Act of those 
     Native Hawaiians who are eligible to reside on the Hawaiian 
     homelands under the authority of the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42); and
       (viii) are consistent with applicable Federal law.
       (B) Resubmission in case of noncompliance.--
       (i) Resubmission by the secretary.--If the Secretary 
     determines that the organic governing documents, or any part 
     of the documents, do not meet all of the requirements set 
     forth in subparagraph (A), the Secretary shall resubmit the 
     organic governing documents to the Council, along with a 
     justification for each of the Secretary's findings as to why 
     the provisions are not in full compliance.
       (ii) Amendment and resubmission of organic governing 
     documents.--If the organic governing documents are 
     resubmitted to the Council by the Secretary under clause (i), 
     the Council shall--

       (I) amend the organic governing documents to ensure that 
     the documents meet all the

[[Page H719]]

     requirements set forth in subparagraph (A); and
       (II) resubmit the amended organic governing documents to 
     the Secretary for certification in accordance with this 
     paragraph.

       (C) Certifications deemed made.--The certifications under 
     this paragraph shall be deemed to have been made if the 
     Secretary has not acted within 180 days after the date on 
     which the Council has submitted the organic governing 
     documents of the Native Hawaiian governing entity to the 
     Secretary.
       (5) Elections.--On completion of the certifications by the 
     Secretary under paragraph (4), the Council, with the 
     assistance of the Secretary, shall hold elections of the 
     officers of the Native Hawaiian governing entity.
       (6) Provision of roll.--The Council shall provide a copy of 
     the roll of qualified Native Hawaiian constituents to the 
     governing body of the Native Hawaiian governing entity.
       (7) Termination.--The Council shall cease to exist and 
     shall have no power or authority under this Act after the 
     officers of the governing body who are elected as provided in 
     paragraph (5) are installed.
       (8) Reaffirmation.--Notwithstanding any other provision of 
     law, the special political and legal relationship between the 
     United States and the Native Hawaiian people is hereby 
     reaffirmed and the United States extends Federal recognition 
     to the Native Hawaiian governing entity as the representative 
     sovereign governing body of the Native Hawaiian people 
     after--
       (A) the approval of the organic governing documents by the 
     Secretary under subparagraph (A) or (C) of paragraph (4); and
       (B) the officers of the Native Hawaiian governing entity 
     elected under paragraph (5) have been installed.

     SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY TO 
                   STATE OF HAWAII; GOVERNMENTAL AUTHORITY AND 
                   POWER; NEGOTIATIONS; CLAIMS.

       (a) Reaffirmation.--The delegation by the United States of 
     authority to the State of Hawaii to address the conditions of 
     the indigenous, native people of Hawaii contained in the Act 
     entitled ``An Act to provide for the admission of the State 
     of Hawaii into the Union'', approved March 18, 1959 (Public 
     Law 86-3; 73 Stat. 4), is reaffirmed.
       (b) Governmental Authority and Power.--
       (1) In general.--Consistent with the policies of the United 
     States set forth in section 4(a)(4), the Native Hawaiian 
     governing entity shall be vested with the inherent powers and 
     privileges of self-government of a native government under 
     existing law, except as set forth in this Act. Said powers 
     and privileges may be modified by agreement between the 
     Native Hawaiian governing entity, the United States, and the 
     State of Hawaii pursuant to the negotiations authorized in 
     subsection (c)(1), and subject to the enactment of 
     implementing legislation and to the limit described by 
     section 10(a).
       (2) Membership.--Once the United States extends Federal 
     recognition to the Native Hawaiian governing entity, the 
     United States will recognize and affirm the Native Hawaiian 
     governing entity's inherent power and authority to determine 
     its own membership criteria, to determine its own membership, 
     and to grant, deny, revoke, or qualify membership without 
     regard to whether any person was or was not deemed to be a 
     qualified Native Hawaiian constituent under this Act. The 
     Native Hawaiian governing entity must provide that membership 
     in the Native Hawaiian governing entity is voluntary and can 
     be relinquished.
       (c) Negotiations.--
       (1) In general.--Upon the reaffirmation of the special 
     political and legal relationship between the United States 
     and the Native Hawaiian governing entity, the United States 
     and the State of Hawaii may enter into negotiations with the 
     Native Hawaiian governing entity designed to lead to an 
     agreement or agreements addressing such matters as--
       (A) the transfer of State of Hawaii lands and surplus 
     Federal lands, natural resources, and other assets, and the 
     protection of existing rights related to such lands or 
     resources;
       (B) the exercise of governmental authority over any 
     transferred lands, natural resources, and other assets, 
     including land use;
       (C) the exercise of civil and criminal jurisdiction;
       (D) the exercise of the authority to tax and other powers 
     and authorities that are recognized by the United States as 
     powers and authorities typically exercised by governments 
     representing indigenous, native people of the United States;
       (E) any residual responsibilities of the United States and 
     the State of Hawaii; and
       (F) grievances regarding assertions of historical wrongs 
     committed against Native Hawaiians by the United States or by 
     the State of Hawaii.
       (2) Amendments to existing laws.--Upon agreement on any 
     matter or matters negotiated with the United States or the 
     State of Hawaii, and the Native Hawaiian governing entity, 
     the parties may submit--
       (A) to the Committee on Indian Affairs of the Senate, the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on Natural Resources of the House of 
     Representatives recommendations for proposed amendments to 
     Federal law that will enable the implementation of agreements 
     reached between the governments; and
       (B) to the Governor and the legislature of the State of 
     Hawaii, recommendations for proposed amendments to State law 
     that will enable the implementation of agreements reached 
     between the governments.
       (3) During the period between the reaffirmation of the 
     special political and legal relationship between the United 
     States and the Native Hawaiian governing entity, and the 
     subsequent enactment of legislation to implement the 
     agreement or agreements negotiated under paragraph (1):
       (A) There shall be no Indian country within the State of 
     Hawaii.
       (B) The United States shall not take land in trust for the 
     benefit of the Native Hawaiian governing entity or for the 
     benefit of members of the Native Hawaiian governing entity.
       (C) The United States shall not restrict the alienability 
     of land owned by the Native Hawaiian governing entity.
       (D) Members of the Native Hawaiian governing entity shall 
     continue to be subject to the civil and criminal jurisdiction 
     of Federal and State courts.
       (E) Nothing in this Act alters or preempts the existing 
     legislative, regulatory, or taxation authority of the State 
     of Hawaii over individuals who are members of the Native 
     Hawaiian governing entity or over property owned by those 
     individuals.
       (F) The Native Hawaiian governing entity shall not exercise 
     criminal, civil, adjudicative, legislative, regulatory, or 
     taxation authority or jurisdiction over individuals who are 
     not members of the Native Hawaiian governing entity without 
     their express consent.
       (G) The Native Hawaiian governing entity shall not exercise 
     criminal, civil, adjudicative, legislative, regulatory, or 
     taxation authority or jurisdiction over corporations or other 
     associations or entities that are owned wholly or in majority 
     part by persons who are not members of the Native Hawaiian 
     governing entity without their express consent.
       (H) The Native Hawaiian governing entity shall be immune 
     from any lawsuit in any Federal or State court, with the 
     exception described in section 10(c)(3) and the exceptions 
     set forth in clauses (i) through (iii) of this subparagraph.
       (i) The Native Hawaiian governing entity may waive its 
     sovereign immunity, provided that it does so clearly and 
     unequivocally.
       (ii) The Native Hawaiian governing entity shall not be 
     immune from any lawsuit brought by the United States in any 
     Federal court.
       (iii) Real property owned in fee simple by the Native 
     Hawaiian governing entity shall not be immune from any in rem 
     action filed by the State of Hawaii.
       (I) Governmental, nonbusiness, noncommercial activities 
     undertaken by the Native Hawaiian governing entity, or by a 
     corporation or other association or entity wholly owned by 
     the Native Hawaiian governing entity, shall not be subject to 
     the regulatory or taxation authority of the State of Hawaii, 
     provided that nothing in this subparagraph shall exempt any 
     natural person (except an officer or employee of the Native 
     Hawaiian governing entity, acting within the scope of his or 
     her authority), from the regulatory, taxation, or other 
     authority of the State of Hawaii. In determining whether an 
     activity is covered by this subparagraph, due consideration 
     shall be given to the constraints described in subparagraphs 
     (A), (F), and (G).
       (J) Commercial or business activities undertaken by the 
     Native Hawaiian governing entity, or by a corporation or 
     other association or entity owned, operated, or sponsored by 
     the Native Hawaiian governing entity, shall be subject to the 
     regulatory and taxation authority of the State of Hawaii to 
     the same extent as commercial or business activities 
     undertaken by others.
       (K) Subject to subparagraph (I), activities conducted on 
     real property owned by, leased by, or subject to the control 
     of the Native Hawaiian governing entity shall be subject to 
     the regulatory and taxation authority of the State of Hawaii 
     to the same extent as activities conducted on real property 
     owned by, leased by, or subject to the control of others.
       (L) Subject to subparagraph (O), real property owned by, 
     leased by, or subject to the control of the Native Hawaiian 
     governing entity, and development of such property, shall be 
     subject to the regulatory and taxation authority of the State 
     of Hawaii to the same extent as real property owned by, 
     leased by, or subject to the control of others.
       (M) Any commercial or business corporation or other 
     commercial or business association or entity owned, operated, 
     or sponsored by the Native Hawaiian governing entity shall be 
     subject to the regulatory and taxation authority of the State 
     of Hawaii to the same extent as commercial and business 
     corporations and other commercial and business associations 
     and entities owned, operated, or sponsored by others.
       (N) Any specific power, authority, or restriction set forth 
     in this paragraph shall expire upon enactment of legislation 
     that implements an agreement or agreements negotiated under 
     paragraph (1) and that expressly replaces or alters such 
     power, authority, or restriction.
       (O) Nothing in this paragraph diminishes any right or 
     immunity (including any immunity from State or local 
     taxation) granted to Native Hawaiians or their property by 
     the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42), the Act entitled ``An Act to provide for the 
     admission of the State of Hawaii into the Union'', approved 
     March 18, 1959 (Public Law 86-3; 73 Stat. 4), or sections 
     10001 through 10004 of the Department of Defense 
     Appropriations Act, 1994 (sections

[[Page H720]]

     10001 through 1004 of Public Law 103-139; 107 Stat. 1418, 
     1480 (1993)).
       (4) Nothing in paragraph (3) should be interpreted as 
     establishing any presumption about the powers or authorities 
     that could properly be exercised by the United States, the 
     State of Hawaii, or the Native Hawaiian governing entity 
     after further legislation, including legislation enacted to 
     implement any agreement negotiated under this subsection.
       (d) Claims.--Nothing in this Act--
       (1) alters existing law, including case law, regarding 
     obligations of the United States or the State of Hawaii 
     relating to events or actions that occurred prior to 
     recognition of the Native Hawaiian governing entity;
       (2) creates, enlarges, revives, modifies, diminishes, 
     extinguishes, waives, or otherwise alters any Federal or 
     State claim or cause of action against the United States or 
     its officers or the State of Hawaii or its officers or any 
     other person or entity, or any defense (including the defense 
     of statute of limitations) to any such claim or cause of 
     action, except in the case of claims or causes of action 
     challenging the constitutionality or legality of programs 
     benefitting Native Hawaiians to the extent that this Act 
     creates or enlarges any defense to any such claim or cause of 
     action;
       (3) amends section 2409a of title 28, United States Code 
     (commonly known as the ``Quiet Title Act''), chapter 171 of 
     title 28, United States Code (commonly known as the ``Federal 
     Tort Claims Act''), section 1491 of title 28, United States 
     Code (commonly known as the ``Tucker Act''), section 1505 of 
     title 28, United States Code (commonly known as the ``Indian 
     Tucker Act''), the Hawaii Organic Act (31 Stat. 141), or any 
     other Federal statute, except as expressly amended by this 
     Act; or
       (4) alters the sovereign immunity of the United States or 
     of the State of Hawaii.

     SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS.

       (a) Indian Gaming Regulatory Act.--
       (1) In general.--The Native Hawaiian governing entity and 
     Native Hawaiians may not conduct gaming activities as a 
     matter of claimed inherent authority or under the authority 
     of any Federal law, including the Indian Gaming Regulatory 
     Act (25 U.S.C. 2701 et seq.) or under any regulations 
     thereunder promulgated by the Secretary or the National 
     Indian Gaming Commission.
       (2) Applicability.--The prohibition contained in paragraph 
     (1) regarding the use of Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.) and inherent authority to game applies 
     regardless of whether gaming by Native Hawaiians or the 
     Native Hawaiian governing entity would be located on land 
     within the State of Hawaii or within any other State or 
     territory of the United States.
       (b) Single Governing Entity.--This Act will result in the 
     recognition of the single Native Hawaiian governing entity. 
     Additional Native Hawaiian groups shall not be eligible for 
     acknowledgment pursuant to the Federal Acknowledgment Process 
     set forth in part 83 of title 25, Code of Federal 
     Regulations, or any other administrative acknowledgment or 
     recognition process.
       (c) Indian Programs, Services, and Laws.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, nothing in this Act extends eligibility for any 
     Indian program or service to the Native Hawaiian governing 
     entity or its members unless a statute governing such a 
     program or service expressly provides that Native Hawaiians 
     or the Native Hawaiian governing entity is eligible for such 
     program or service. Nothing in this Act affects the 
     eligibility of any person for any program or service under 
     any statute or law in effect before the date of enactment of 
     this Act.
       (2) Applicability of other terms.--Subject to paragraph 
     (3), in Federal statutes or regulations in force prior to the 
     United States recognition of the Native Hawaiian governing 
     entity, the terms ``Indian'' and ``Native American'', and 
     references to Indian tribes, bands, nations, pueblos, 
     villages, or other organized groups or communities, shall not 
     apply to the Native Hawaiian governing entity or its members, 
     unless the Federal statute or regulation expressly applies to 
     Native Hawaiians or the Native Hawaiian governing entity.
       (3) Indian civil rights act of 1968.--The Council and the 
     Native Hawaiian governing entity shall be subject to sections 
     201 through 203 of the Indian Civil Rights Act of 1968 (25 
     U.S.C. 1301-1303). Nothing in such Act, and nothing in this 
     paragraph, shall be interpreted to expand the powers and 
     authorities of the Council or the Native Hawaiian governing 
     entity that are described elsewhere in this Act.
       (d) Real Property Transfers.--Section 2116 of the Revised 
     Statutes (commonly known as the ``Indian Trade and 
     Intercourse Act'') (25 U.S.C. 177) does not apply to any 
     purchase, grant, lease, or other conveyance of lands, or of 
     any title or claim thereto, from Native Hawaiians, Native 
     Hawaiian entities, or the Kingdom of Hawaii that occurred 
     prior to the date of the United States' recognition of the 
     Native Hawaiian governing entity.

     SEC. 11. SEVERABILITY.

       If any section or provision of this Act is held invalid, it 
     is the intent of Congress that the remaining sections or 
     provisions shall continue in full force and effect.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The SPEAKER pro tempore. Pursuant to House Resolution 1083, the 
gentleman from Hawaii (Mr. Abercrombie) and a Member opposed each will 
control 15 minutes.
  The Chair recognizes the gentleman from Hawaii.
  Mr. ABERCROMBIE. Mr. Speaker, in support of our substitute amendment, 
the amendment ensures that the Native Hawaiian governing entity will 
have the same governmental authorities and sovereign immunity of other 
native governments.
  The Abercrombie amendment, the substitute amendment, follows 
centuries of well-established Federal law. The amendment is supported 
by the National Congress of American Indians, the Alaska Federation of 
Natives and other tribal organizations. President Obama supports the 
substitute amendment, and I quote, ``as it adds important 
clarifications to craft a durable pathway forward.''
  Mr. Speaker, the amendment in the nature of a substitute further 
clarifies that pending negotiations and subsequent implementation 
legislation with that, the following will occur: There will be no 
Indian Country within Hawaii. The United States will not take land into 
trust nor restrict alien ability of land owned by the Native Hawaiian 
governing entity. The governing entity may not exercise certain powers 
and authorities such as jurisdiction over non-Native Hawaiian 
individuals without their consent. And the State of Hawaii will retain 
regulatory and taxation authority over Native Hawaiians and the Native 
Hawaiian governing entity.
  Mr. Speaker, the Native Hawaiian government reorganization does as 
follows: Establishes a process for the recognition of a single Native 
Hawaiian governing entity; establishes a U.S. office for Native 
Hawaiian relations in the Department of the Interior to consult with 
other Federal agencies and the State of Hawaii; establishes a Native 
Hawaiian interagency coordinating group; authorizes United States-State 
of Hawaii Native Hawaiian governing entity negotiations based on the 
following: the transfer of lands, natural resources and other assets; 
the exercise of governmental authority over any lands or resources; the 
exercise of civil and criminal jurisdiction; and grievances regarding 
assertions of historical wrongs committed against the Native Hawaiians 
by the United States or the State of Hawaii. It prohibits gaming by 
Native Hawaiian governing entities and Native Hawaiians. It prohibits 
the Native Hawaiian governing entity from being eligible for any new 
Indian programs to which they are not already included.
  Let me say then, in conclusion, what the Native Hawaiian Government 
Reorganization Act does not do. It does not recognize the Native 
Hawaiian government upon passage of this bill. It does not exempt the 
Native Hawaiian government from any provision of the U.S. Constitution. 
It does not exempt the Native Hawaiian government from any provision of 
Federal law. It does not exempt the Native Hawaiian governing entity 
from taxation. It does not authorize a Native Hawaiian government 
entity to secede. It does not alter the civil or criminal jurisdiction 
of the United States or the State of Hawaii. And finally, it does not 
allow for the transfer of land or any authority of land to a Native 
Hawaiian governing entity.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. I rise in opposition to the amendment.
  The SPEAKER pro tempore. The gentleman is recognized for 15 minutes.
  Mr. HASTINGS of Washington. I yield myself as much time as I may 
consume.
  (Mr. HASTINGS of Washington asked and was given permission to revise 
and extend his remarks.)
  Mr. HASTINGS of Washington. Mr. Speaker, I rise in opposition to this 
amendment. As I said in my opening statement, this amendment was 
crafted in a manner that has become the hallmark of this Democrat-led 
House, this behind closed doors, with very little time for the American 
people or the people of Hawaii to review it. It has been available for 
public review, Mr. Speaker, for less than 48 hours.

[[Page H721]]

  Just last night, Hawaii's Governor, Linda Lingle, a strong supporter 
of Native Hawaiian recognition, announced her opposition to this 
substitute.
  As introduced, the basic bill, H.R. 2314, provides that matters such 
as transferring lands and preempting Federal and State civil, criminal, 
and tax jurisdiction must be subject to negotiation with and the 
consent of the State of Hawaii and the U.S. Congress.
  But this substitute short circuits that public process. It 
immediately preempts the State of Hawaii's jurisdiction over civil, 
tax, and possibly criminal matters. All the Native Hawaiian entity 
would have to do is undertake any activity in the name of an official 
government action and immunity from the State authority applies.
  The substitute makes a number of major revisions, all written in 
secret, away from public view. And let me, Mr. Speaker, just highlight 
a few:
  It creates a new membership criteria that is six pages in length. 
They do not require one to reside in Hawaii to be a member of this 
newly created entity.
  Second, these six pages of membership criteria are ultimately 
meaningless. Once the governing entity is formally recognized, it may 
discard these criteria and grant, deny, or revoke membership for any 
reason.
  In the substitute, section 6C-1 establishes the White House as the 
lead agency to implement this act.

                              {time}  1900

  Mr. Speaker, this unreasonably injects the political operatives of 
the White House into the formation of the governing entity.
  A new section 7 also requires the Attorney General to assign a 
Department of Justice attorney to assist and protect the government 
entity. This will wrongfully color the objectivity of the Justice 
Department when a challenge of the constitutionality of this act is 
inevitably made. And, Mr. Speaker, I am convinced there will be one 
made.
  Mr. Speaker, there are fundamental changes from the original bill 
that deserve more scrutiny than we can provide on the House floor today 
because we've only had, as I mentioned, 48 hours to look at it.
  But let me repeat that perhaps the most objectionable provisions are 
the ones in which the race-based entity is immunized from lawsuits in 
any Federal or State court, and shielded from State civil, tax, and 
possibly criminal jurisdiction.
  Now, I realize this debate has been going on. I realize the gentleman 
from Hawaii (Mr. Abercrombie) has attempted to accommodate the 
objections of Governor Lingle and the Attorney General of Hawaii, and 
he should really be commended for that effort. But the accommodations, 
at least thus far, do not resolve their fundamental problems with this 
bill, which is the preemption of State civil, taxation, and possibly 
criminal jurisdiction without the consent of the State.
  Governor Lingle, as I mentioned, last night formally announced her 
opposition to this substitute. In referring to the changes made by the 
substitute, the Governor said, ``I do not believe such a structure, of 
two completely different sets of rules--one for `governmental' 
activities of the Native Hawaiian governing entity and its officers and 
employees, and one for everyone else--makes sense for Hawaii.''
  Mr. Speaker, perhaps this impasse could have been avoided if the 
Governor and the Attorney General had been privy to those negotiations, 
at least to the details where they could or could not agree. But, 
again, those decisions were kept from these people apparently because 
they did not agree with this substitute.
  Mr. Speaker, then what will be the practical result of this 
substitute if it becomes law? Does it mean the native entity can 
construct a government building for its officers and employees in 
violation of State zoning laws? Does it permit the entity to discharge 
waste material in violation of State law? Will it prevent anyone from 
enforcing contracts made with the entity?
  Mr. Speaker, if this bill becomes law, those questions are left 
unanswered. And so perhaps we will learn the answers to these questions 
after it's too late. The State will be unable to enforce its laws and 
regulations over the entity because of the new provisions in this 
substitute.
  Mr. Speaker, I just want to emphasize this point. It is not 
reasonable to roll over the sovereign rights of a State. And it is 
especially not reasonable when the Governor of that State, in this case 
Governor Lingle--who has long been a proponent of the principles 
embodied in this issue--disagrees and cannot support the amendment in 
the nature of a substitute that we are discussing here tonight.
  For these reasons, Mr. Speaker, I urge and ask my colleagues to vote 
``no'' on this substitute.

 Statement by Governor Linda Lingle on the Native Hawaiian Government 
                           Reorganization Act

       ``For more than seven years, my administration and I have 
     strongly supported recognition for Native Hawaiians and 
     supported the Akaka Bill.
       ``We have supported a bill that would set up a process of 
     recognition first, followed by negotiations between the 
     Native Hawaiian governing entity, the State of Hawai`i, and 
     the United States. Once that was completed, it would be 
     followed by the Native Hawaiian governing entity's exercise 
     of governmental powers and authorities.
       ``Amendments made to the bill in December 2009 turned that 
     process around. The current bill establishes that the Native 
     Hawaiian governing entity would start with broad governmental 
     powers and authorities, with negotiations to follow.
       ``Although I believe the original plan to negotiate first 
     makes more sense, my administration has tried to work with 
     the Hawai`i Congressional delegation on the new structure to 
     establish governing powers first, with negotiations to 
     follow.
       ``Ultimately, although we had good and productive 
     discussions, the current draft of the bill is not one I can 
     support.
       ``The basic problem as I see it, is that in the current 
     version of the bill, the `governmental' (non-commercial) 
     activities of the Native Hawaiian governing entity, its 
     employees, and its officers, will be almost completely free 
     from State and County regulation, including free from those 
     laws and rules that protect the health and safety of 
     Hawai`i's people, and protect the environment. `Governmental' 
     activity is a broad undefined term that can encompass almost 
     any non-commercial activity.
       ``This structure will, in my opinion, promote divisiveness 
     and litigation, rather than negotiation and resolution.
       ``I do not believe such a structure, of two completely 
     different sets of rules--one for `governmental' activities of 
     the Native Hawaiian governing entity and its officers and 
     employees, and one for everyone else--makes sense for 
     Hawai`i.
       ``In addition, under the current bill, the Native Hawaiian 
     governing entity has almost complete sovereign immunity from 
     lawsuits, including from ordinary tort and contract lawsuits, 
     and I do not believe this makes sense for the people of 
     Hawai`i.
       ``My decision to not support the current version of the 
     Akaka Bill is done with a heavy heart, because I so strongly 
     believe in recognition for Native Hawaiians.
       ``If the bill in its current form passes the House of 
     Representatives, I would hope it can be amended in the United 
     States Senate.''

  I reserve the balance of my time.
  Mr. ABERCROMBIE. Mr. Speaker, I yield 3 minutes to the gentleman from 
American Samoa (Mr. Faleomavaega).
  Mr. FALEOMAVAEGA. Mr. Speaker, I want to say that I fully support the 
gentleman's substitute amendment, and I want to ask if we could do a 
little colloquy in the process.
  I note with interest there has been several references made by our 
friends on the opposite side concerning the Hawaii Admissions Act 
suggesting there was nothing whatsoever that Congress at will, as part 
of the provisions of the Hawaii Admissions Act, taking care of Native 
Hawaiians. And I believe this is something that I think our colleagues 
need to understand a little better, that after the Hawaii Admissions 
Act, it didn't mean that we just completely forget anything and 
everything to do with the needs of Native Hawaiians.
  Am I correct on that?
  Mr. ABERCROMBIE. That is correct.
  Mr. FALEOMAVAEGA. I also want to ask my good friend, as you had 
indicated and our friends have indicated Governor Lingle's opposition 
to the proposed substitute, am I to perceive that certainly Governor 
Lingle, with all due respect, is entitled to her opinion and some of 
the issues affecting the proposed legislation which she has supported 
for the past 7 years.
  Do you see anything that cannot be done in a way that by accepting 
this proposed substitute we can still take corrective action, whatever 
it might be, the concerns that she might have later on?
  Mr. ABERCROMBIE. Yes. Not everyone may have been on the floor or 
listening at the time that I indicated that I had a conversation with 
the Governor this afternoon, and I indicated to her that I would say 
specifically on the

[[Page H722]]

floor that we have agreed to disagree, that she supports the object of 
the bill--as has been indicated by Representative Hastings quite 
accurately--but that in this disagreement over how to proceed 
legislatively, I commented both to her and I've commented on the floor 
and in conversations private and elsewhere that legislation is a 
process and that this is not theology. And as a result of it being a 
legislative process, it may not be perfect in every regard, but I am 
content and comfortable with the idea that whoever is Governor, 
including the present Governor for the remainder of her term, that she 
will not be disadvantaged nor will any other Governor be disadvantaged 
in any negotiations that take place with the native governing agency.
  Mr. FALEOMAVAEGA. There's also been a reference made, I ask my 
colleague, that the idea of comparing Native Hawaiians to American 
Indians is somewhat absurd.
  I would like to ask the gentleman if such a description, as our 
friends on the other side have suggested, is totally irrelevant. The 
fact of the matter is, there are only three truly indigenous aboriginal 
groupings under the sovereignty of the United States. The American 
Indians in the 48 continental States that we lived in with some 565 
tribes fully recognized; there were some 100 other tribes not 
recognized, by the way.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. ABERCROMBIE. I yield the gentleman 30 additional seconds.
  Mr. FALEOMAVAEGA. I thank the gentleman for yielding.
  I just want to say 565 tribes are recognized by the Federal 
Government. Does it stand a chance to suggest that Native Hawaiians 
cannot be recognized in the same way giving some sense of self-esteem 
and dignity to the people who are Native Hawaiians to the State of 
Hawaii?
  Mr. ABERCROMBIE. I think the answer from the most practical point of 
view is the passage of the Hawaiian Homes Act of 1921. The Congress 
obviously recognized that there was a distinctive entity in the 
category of Native Hawaiians as a logical extension of the previous 
constitutional history regarding native people.
  The SPEAKER pro tempore. The time of the gentleman has again expired.
  Mr. HASTINGS of Washington. Mr. Speaker, can I inquire how much time 
on both sides remains.
  The SPEAKER pro tempore. The gentleman from Washington has 8\1/2\ 
minutes, and the gentleman from Hawaii has 8\1/2\ minutes.
  Mr. HASTINGS of Washington. Mr. Speaker, I will yield myself 3 
minutes.
  Mr. Speaker, in the exchange between my friend from American Samoa 
and my friend from Hawaii, the issue was brought up that Governor 
Lingle was contacted today and that there would be a way to try to 
satisfy her concerns, and I don't doubt at all that that effort will be 
tried. Hopefully it will be successful. But let me just review where we 
were.
  When we started the process, when we started this Congress, the 
original text of H.R. 2314 was something that Governor Lingle endorsed. 
The Senate bill, which I think was identical or very close, she also 
endorsed that. But now with the action of the other body, with the 
Senate in passing what is commonly referred to as the Akaka amendment, 
which is similar to what we are debating here today, the Governor does 
not support that.
  Now we have the base bill here which the Governor does support, and 
we're debating now a substitute--which I hope doesn't pass but I am a 
realist. And it may pass. And now we will have a bill in both Houses or 
two bills, one in each House, in which the Governor disagrees with.
  Now, if you're negotiating in good faith, it would seem to me that 
you should at least start with the position where the Governor of the 
affected State is in agreement with what you're trying to do and that's 
not the case today if the substitute were to pass.
  Now, again, I am going to say that I take my good friend from Hawaii 
at his word that he is going to negotiate. Maybe if he was the only 
negotiator it could be worked out. I don't know because I don't know 
what is going on behind those doors. Nobody knows, unfortunately.
  Mr. ABERCROMBIE. Will the gentleman yield?
  Mr. HASTINGS of Washington. I would be happy to yield to my friend.
  Mr. ABERCROMBIE. Perhaps you want to put that in as an amendment, 
that I should be the negotiator.
  Mr. HASTINGS of Washington. Well, reclaiming my time, maybe we could 
work together on that right now if that would be the case.
  Mr. Speaker, I am simply pointing this out because this is evolving 
into a process, and who is being left out of this process happens to be 
the elected Governor of the State of Hawaii. And to me that is 
regretful.
  With that, I will reserve my time.
  Mr. ABERCROMBIE. Mr. Speaker, I would like to yield 3 minutes to my 
colleague and good friend from Hawaii, Mazie Hirono.
  Ms. HIRONO. Mr. Speaker, I rise today in strong support of the 
Abercrombie substitute amendment.
  This amendment reflects a compromise between the Hawaii delegation--
who I might add are also duly elected by the people of Hawaii--the 
State of Hawaii, the Obama administration, Indian Country, and the 
Native Hawaiian community.
  Much has been made of remarks and statements by Hawaii's Governor and 
Attorney General on the substitute amendment. Let me say that the 
Hawaii delegation took their concerns, which were first raised in 
December, very seriously and many of their recommendations are 
reflected in the Abercrombie substitute before you today.
  Under this bill, the Native Hawaiian governing entity will have the 
same inherent powers--no more, no less--as other native governments 
possess, namely, American Indians and Alaska Natives. Hawaiians 
historically have been the object of unjust and unfair treatment at the 
hands of our government. Why should we perpetuate such treatment?
  In seeking to have Native Hawaiians' inherent powers be treated 
differently from how American Indians and Native Alaskans were treated, 
the Governor and Attorney General's position opens the door to 
challenging such powers as exercised by the American Indians and Alaska 
natives. This is problematic for all native peoples.
  While the substitute amendment makes changes to this version of the 
bill, it has in no way changed the intent of the legislation. This bill 
remains a path for Native Hawaiians to achieve self-determination as it 
has been provided to American Indians and Alaska Natives. This has 
remained a consistent and constant goal of the Hawaiian delegation. 
After all of the years of work and compromise on this bill, this should 
be the year that Congress finally seizes the opportunity to provide 
long-awaited justice to Native Hawaiians.
  We all know the previous administration did not support the Akaka 
bill, and a Presidential veto was likely. But now we have the support 
of a President who understands and supports the indigenous people of 
our State.
  It is disappointing that when we are on the cusp of reaching a 
historic milestone in the history of our State and our country, our 
Governor and Attorney General have withdrawn their support of this 
bill. But Congress can and should do the right thing by passing this 
bill. In spite of all of the race-based, technical, and other rhetoric 
you will hear against this measure, it is high time that Native 
Hawaiians through this bill can once again embark on a journey of 
historic proportions.
  I urge support of the Abercrombie substitute amendment.

                              {time}  1915

  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself 2 minutes. 
Reference was made to how this would affect the laws of Hawaii.
  Let me read from the Abercrombie substitute, page 51, line 1H: The 
Native American governing entity shall be immune from any lawsuit in 
any Federal or State court, with some exceptions as I had noted 
earlier.
  On the same page, page 51 of the Abercrombie substitute, line 18: 
Governmental nonbusiness, noncommercial activities undertaken by the 
Native Hawaiian government entity shall not be subject to the 
regulatory or taxation authority of the State of Hawaii.

[[Page H723]]

  Now, Mr. Speaker, I am just pointing out this is what the substitute 
says, and these are the concerns that the Attorney General of the State 
of Hawaii and the Governor of Hawaii have, because we all know when we 
are writing laws here that the word ``shall'' as opposed to ``may'' has 
very, very strong meaning, and in both cases it says ``shall.''
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. ABERCROMBIE. Mr. Speaker, can you tell us the time remaining on 
both sides?
  The SPEAKER pro tempore. The gentleman from Hawaii has 6 minutes 
remaining. The gentleman from Washington has 4\1/2\ minutes remaining.
  Mr. ABERCROMBIE. And the gentleman from Washington has the privilege 
of closing, does he not?
  The SPEAKER pro tempore. That is correct.
  Mr. ABERCROMBIE. Mr. Speaker, I yield 1 minute to the Speaker of the 
House, the Honorable Nancy Pelosi.
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding.
  I am pleased to have this opportunity to come to the floor today to 
support Mr. Abercrombie's initiative on behalf of Native Hawaiians. It 
is a pursuit that he has followed in all of his years in the Congress 
of the United States.
  Aside from the considerable merit of his important legislation, which 
I fully support his amendment and his substitute and salute the work of 
Congresswoman Hirono, too, on behalf of Native Hawaiians and our 
colleagues gathered here, it is with mixed emotions that I come. I know 
you will be successful, as you always have been, in looking out for 
Native Hawaiians.
  For over 200 years, my colleagues, Congress, the executive branch, 
and the Supreme Court have recognized certain legal rights and 
protections for America's indigenous people. Congress' constitutional 
authority over indigenous affairs is premised upon their status as the 
original inhabitants of this Nation. It is the most moral and legal 
responsibility of Congress to reaffirm a political relationship with 
the native people of Hawaii. H.R. 2314 will achieve this purpose. The 
Native American interim governing congress will be established to 
develop elements of the organic documents and other criteria for the 
Native Hawaiian governing entity.
  You all know, the debate has been going on, what this legislation is 
about in its specifics, but what it is about in its vision and its 
values for our country is something that I wanted to join in 
recognizing.
  I also come here to salute Mr. Abercrombie. This is probably--but you 
never know, Mr. Abercrombie--the last bill he will be part of managing 
on the floor of the House.
  Thank you, Chairman Rahall, for bringing this important legislation 
to the floor before Mr. Abercrombie left us. As if we had a choice.
  His persistence, his determination, his courage on behalf of the 
people of Hawaii is well known to us, but the recognition that I want 
to give him goes beyond the State of Hawaii, the State he proudly 
represents, because his service to our country is about our entire 
country.
  Whether it is the national security of our country, which he serves 
to strengthen on the Armed Services Committee, whether it is the 
beautiful natural patrimony, the beautiful gift that God has given our 
country in our natural resources that he serves on the Natural 
Resources Committee, or the rights of indigenous people that he serves 
on the Natural Resources Committee, Neil Abercrombie is a true patriot 
looking out for the people, the values, the beautiful land, and the 
security of America.
  His service in Congress has been marked with great passion for ideas, 
but also with great intellect, always passionate about his beliefs, 
always dispassionate about the solutions that make sense for the 
American people. And what we are talking about here tonight is common 
sense for the Native Hawaiian people.
  So, Mr. Abercrombie, it is bittersweet, quite frankly, to come to the 
floor to commend you on your leadership on this, probably your last 
week in the Congress. I wish you well in your pursuits in Hawaii. 
Perhaps next time we will be calling you Governor Abercrombie, we hope, 
but also the gratitude of all who served here proud to call you 
colleague, privileged to call you friend, grateful for your leadership 
to our country. And I know you are very proud of your service to the 
great State of Hawaii.
  Mr. HASTINGS of Washington. Mr. Speaker, I wonder if I could inquire 
of my friend from Hawaii if there are any more speakers on their side 
of the aisle.
  Mr. ABERCROMBIE. No. I want to speak one more time, and I will be the 
final speaker.
  Mr. HASTINGS of Washington. I reserve the balance of my time.
  Mr. ABERCROMBIE. Mr. Speaker, I would like to enter into the Record a 
letter favoring the legislation, the substitute, from the National 
Congress of American Indians; the Alaska Federation of Natives; the 
Council for Native Hawaiian Advancement; the Sovereign Councils of the 
Hawaiian Homelands Assembly; the President of the Hawaii State Senate, 
the Honorable Colleen Hanabusa; and the Osage Nation from the Office of 
the Principal Chief.
                                              National Congress of


                                             American Indians,

                                                February 23, 2010.
     Hon. Neil Abercrombie,
     House of Representatives, Longworth House Office Building, 
         Washington, DC.
     Hon. Senator Daniel Akaka,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
     Hon. Mazie Hirono,
     House of Representatives, Longworth House Office Building, 
         Washington, DC.
     Hon. Daniel Inouye,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Honorable Members: The National Congress of American 
     Indians fully supports the Native Hawaiian people in their 
     quest for self-determination and self-governance, and has for 
     many years. (See NCAI Resolution PHX-03-004.) This week, the 
     Native Hawaiian Reorganization Act of 2009 (H.R. 2314) is 
     expected to be amended on the floor of the House of 
     Representatives and subsequently passed through Congress.
       NCAI supports the amendment as a way to ensure that 
     Congress has a strong basis for treating Native Hawaiians as 
     a distinct native community, and that the Act is 
     constitutionally sound. Through the deliberative process with 
     the Department of Justice, the Senate Committee on Indian 
     Affairs and with legal scholars with expertise in federal 
     Indian policy, Representative Abercrombie's amendment has 
     addressed these concerns.
       NCAI has demonstrated repeated commitment to Native 
     Hawaiian self-governance and sovereignty. Over the past ten 
     years, we have passed resolutions and steadfastly supported 
     legislation encouraging the formation of a Native Hawaiian 
     governing entity. NCAI supports Representative Abercrombie's 
     proposed amendment to grant Native Hawaiians the self-
     determination and self-government they justly deserve.
           Sincerely,
                                          Jacqueline Johnson Pata,
     Executive Director.
                                  ____



                                 Alaska Federation of Natives,

                                 Anchorage, AK, February 18, 2010.
     Re Letter of support on the substitute amendment to H.R. 
         2314.

     Hon. Neil Abercrombie,
     House of Representatives, Longworth House Office Building, 
         Washington, DC.
     Hon. Mazie K. Hirono,
     House of Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Representative Abercrombie and Representative Hirono: 
     On behalf of the membership of the Alaska Federation of 
     Natives (AFN), the oldest and largest statewide Native 
     organization in Alaska, I am writing to express AFN's support 
     for the passage of H.R. 2314, the Native Hawaiian Government 
     Reorganization Act by the United States House of 
     Representatives as soon as possible. It is our understanding 
     that Representative Abercrombie will offer an amendment to 
     H.R. 2314 in the form of a substitute when the U.S. House 
     considers this bill on the floor. The substitute amendment is 
     a product of collaboration between the Obama Administration 
     and Hawaii's Congressional Delegation and will lead to the 
     equitable treatment of Native Hawaiians on an equal footing 
     with Alaska Natives and American Indians. Native Hawaiians 
     are just as indigenous and just as aboriginal as any other 
     Native American group.
       We hope that the U.S. House of Representatives will give 
     favorable consideration to H.R. 2314 as it represents more 
     than 20 years of efforts by Native Hawaiians to achieve the 
     status under Federal law that now applies only to the other 
     two groups of indigenous people in our country.

[[Page H724]]

       Thank you for your consideration. If you have questions 
     regarding this letter, please call me.
           Sincerely,
                                                      Julie Kitka,
     President.
                                  ____

                                                Council for Native


                                         Hawaiian Advancement,

                              Honolulu, Hawaii, February 22, 2010.
     Hon. Senator Daniel Inouye,
     U.S. Senate, Hart Senate Office Bldg., Washington, DC.
     Hon. Senator Daniel Akaka,
     U.S. Senate, Hart Senate Office Bldg., Washington, DC.
     Hon. Neil Abercrombie,
     House of Representatives, Longworth House Office Bldg., 
         Washington, DC.
     Hon. Mazie Hirono,
     House of Representatives, Longworth House Office Bldg., 
         Washington, DC.
       Aloha Honorable Members: The Council for Native Hawaiian 
     Advancement (CNHA) unites 106 Native Hawaiian organizations 
     to enhance the cultural, economic and community development 
     of Native Hawaiians. We are an important and engaged policy 
     voice focused entirely on our Native Hawaiian community. The 
     Native Hawaiian Government Reorganization Act has remained 
     one of our top policy issues over the last ten years, since 
     2000, when we participated in the original working group 
     created by the Hawaii Congressional delegation and chaired by 
     Senator Akaka.
       We have conducted over 150 community sessions and 
     convenings on the measure just in the last five years, and we 
     have reviewed and submitted our input on this legislation 
     each and every year over the past ten years. In December of 
     2009, CNHA strongly supported the substitute amendment passed 
     by the Senate Committee on Indian Affairs. In January 2010 
     the Office of Hawaiian Affairs and the Attorney General's 
     office requested further review of the substitute amendment 
     and jointly submitted thirty changes for consideration by the 
     Hawaii delegation. While the legislation is intended to 
     express the policy of the federal government as it exists for 
     Native peoples,, to Native Hawaiians, we appreciate your 
     deference and work to review and address the input by the 
     state of Hawaii agencies.
       We support the substitute amendment to be brought before 
     the full House of Representatives and the Senate. This 
     legislation is ten years in the making, and is presented to 
     our Congress with tremendous inclusion of a diverse 
     constituency in Hawaii and nationally. Thank you for your 
     hard work to accomplish that which is not new in federal-
     Native relations, the reaffirmation of Native Hawaiians as 
     Native people to Hawaii, and the inclusion of Native 
     Hawaiians in the federal policy of self-governance granted to 
     American Indians and Alaska Natives.
           Sincerely,
                                             Robin Puanani Danner,
     President and CEO.
                                  ____

                                         Sovereign Councils of the


                                  Hawaiian Homelands Assembly,

                                  Honolulu, HI, February 22, 2010.
     Hon. Senator Daniel Inouye,
     U.S. Senate, Hart Senate Office Bldg., Washington, DC.
     Hon. Senator Daniel Akaka,
     U.S. Senate, Hart Senate Office Bldg., Washington, DC.
     Hon. Neil Abercrombie,
     House of Representatives, Longworth House Office Bldg., 
         Washington, DC.
     Hon. Mazie Hirono,
     House of Representatives, Longworth House Office Bldg., 
         Washington, DC.
       Honorable Members: The Sovereign Councils of the Hawaiian 
     Homeland Assembly (SCHHA), submits its strong support for the 
     amendment to the Native Hawaiian Government Reorganization 
     Act, as drafted by our Hawaii Congressional delegation. The 
     content of the legislation is the result of input from broad 
     constituencies, including state government officials, Tribal 
     leaders, Native Hawaiian leaders and legal experts in the 
     specialized area of federal Native law.
       This measure is the work of ten years, done with 
     extraordinary transparency, bipartisanship and a diligence 
     that is reflected in the amendment drafted. It is time to 
     give this measure an up or down vote in the House of 
     Representatives and the Senate of the United States. Mahalo 
     for your work to express a fair and just measure that extends 
     the policy of self-determination and self-governance to the 
     Native Hawaiian people.
           Malama pono,
                                                  Kamaki Kanahele,
     SCHHA Chairman.
                                  ____

                                                  State of Hawaii,


                                                State Capitol,

                              Honolulu, Hawaii, February 22, 2010.
     Hon. Senator Daniel Inouye,
     Hart Senate Office Building, Washington, DC.
     Hon. Senator Daniel Akaka,
     Hart Senate Office Building, Washington, DC.
     Hon. Congressman Neil Abercrombie,
     Longworth House Office Building, Washington, DC.
     Hon. Congresswoman Mazie Hirono,
     Longworth House Office Building, Washington, DC.
       Aloha Members of the Hawai`i Delegation: For twelve years, 
     I have served as a State Senator in Hawai`i's 21st district 
     and for the last three, as Senate President. I am writing to 
     express my full support for Congressman Abercrombie's 
     proposed amendment to the Native Hawaiian Government 
     Reorganization Act of 2009.
       Native Hawaiians are our host culture; they are the 
     indigenous people of Hawai`i and are what defines our state 
     and makes Hawai`i what it is today. Native Hawaiian self-
     governance and self-determination is critical to the vitality 
     of the Native community and to the character and fabric of 
     the State of Hawai`i.
       While I fully support the bill as passed by the Senate 
     Committee on Indian Affairs in December 2009, I understand 
     that the delegation has been working to address changes 
     requested by the Hawai`i State Attorney General and the state 
     Office of Hawaiian Affairs. I have reviewed Congressman 
     Abercrombie's proposed amendment and am satisfied that it 
     addresses any legitimate changes that maintain the purpose, 
     integrity and spirit of the reorganization process.
       I have followed the issue of federal recognition for Native 
     Hawaiians for ten years, and I believe the proposed 
     substitute amendment expected to be heard before the full 
     House of Representatives is a strong and balanced measure 
     that creates a fair and meaningful process for Native 
     Hawaiians and for the State of Hawai`i.
       It is time to pass this measure for our state, that we 
     might reach for a future that does not repeat a difficult 
     past. I'd like to express my sincere thanks to each member of 
     the Hawai`i Congressional Delegation for working tirelessly 
     to advance federal recognition for Native Hawaiians. The 
     balanced measure that is currently before the House and the 
     Senate speaks volumes about your dedication to the State of 
     Hawai`i and Native Hawaiians, as well as your commitment to 
     the notion of justice.
           Sincerely,

                                             Colleen Hanabusa,

                                                        President,
     Hawai`i State Senate.
                                  ____



                                                 Osage Nation,

                                  Pawhuska, OK, February 22, 2010.
     Hon. John Sullivan,
     House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Congressman Sullivan: The Osage Nation stands firmly 
     with the Native Hawaiian people in their quest for self-
     determination and we support the Native Hawaiian Government 
     Reorganization Act of 2009 (H.R. 2314). It is a just and 
     balanced bill that brings parity to Native Hawaiians, 
     granting them rights that have been extended to native 
     governments across the country.
       As Oklahoma and other states have shown, when Native 
     peoples are provided with the means to exercise self-
     determination, not only do they rightfully advance the 
     welfare of their own peoples, but they also function as an 
     important economic and job-creating engine for the entire 
     state. We believe that H.R. 2314 provides an empowering and 
     stable structure on which Native Hawaiians can build a 
     prosperous future for their people and for the state of 
     Hawaii.
       The Native Hawaiian people have sought passage of this bill 
     for 10 years. It has bipartisan support, including Republican 
     co-sponsors Congressman Tom Cole of Oklahoma and Congressman 
     Don Young of Alaska, who recognize it is time to deliver a 
     fair process for Native Hawaiians to resolve longstanding 
     concerns in their community as we have done in ours. As the 
     Osage Nation can attest, federal recognition is a vital 
     component in advancing the social and economic rights of 
     native peoples.
       We ask that you provide Native Hawaiians with an 
     opportunity to exercise the principles of liberty and justice 
     our nation was founded upon--principles which our tribe has 
     been afforded--and support the passage of H.R. 2314.
           Sincerely,
                                                         Jim Gray,
                                                  Principal Chief.

  Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the Hawaii State Attorney General argues that granting 
the Native Hawaiian governing entity inherent powers could have an 
adverse impact on Hawaii, and I think that is the thrust, essentially, 
of the critique that has been made about the legislation this afternoon 
and this early evening.
  In response, Mr. Speaker, I would like to say to the Members, and to 
yourself, of course, that the current bill language gives the Native 
Hawaiian governing entity no powers that are currently exercised by 
other government entities until negotiated. This would prevent the 
entity from providing general assistance to its members or caring for a 
needy child, absent the amendment as a substitute.
  The substitute amendment resolves this by acknowledging certain 
inherent powers of the governing entity upon recognition, the same 
inherent powers that other native governments possess today; no more, 
no less. This is not, therefore, a radical notion. By definition, this 
is what Federal recognition does: It acknowledges that an entity is a 
quasi-sovereign tribal government. The acknowledged inherent powers of 
the entity are limited by language in the amendment, in the substitute 
amendment that states, and I quote:

[[Page H725]]

``Nothing in this act shall preempt Federal or State authority over 
Native Hawaiians or their property under existing law.''
  Upon recognition, the entity will have no land akin to Indian country 
over which it could exercise jurisdiction. Since some inherent powers 
are tied to having such land, like certain regulatory authorities, the 
entity will not be able to exercise those powers.
  Finally, the negotiations process will further modify the powers and 
authority of the governing entity by virtue of the negotiation 
themselves.
  Therefore, Mr. Speaker, I request that those Members who have some 
trepidation about voting for the amendment in the nature of a 
substitute reflect that we believe, those of us who support it--and it 
was certainly my intention in offering the amendment to address those 
concerns in a positive way and in a legislatively viable way.
  I would ask at this time in closing, Mr. Speaker, that those Members 
who come to the floor to vote tonight consider voting for it, and I 
earnestly solicit the favorable attention of all members in voting for 
the amendment in the nature of a substitute.
  I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance 
of my time.
  Mr. Speaker, once again, I want to congratulate and commend my good 
friend from Hawaii, because I know he has been working on this all the 
time that he has been here and probably before. But I just 
fundamentally disagree with the approaches taken with his substitute 
simply because, at least in the broadest sense, this is the only State 
that is affected by this legislation, the State of Hawaii.
  Why should we push forward when the Governor of this State does not 
agree with the substitute and when the chief legal officer has some 
question, apparently--in fact, it is not apparent, it is pretty 
obvious--with some of the remarks I think that my friend just made as 
it relates to laws and regulations to the State of Hawaii?
  Since this legislation only affects one State, wouldn't it be prudent 
for this body and representatives of the other 49 States to suggest to 
the State of Hawaii and all their elected officials, Why don't you come 
up with something that you can fundamentally agree on? But that has not 
been the case. It has not been the case in the other body, and, if this 
substitute passes, it will not be the case in this body. And that 
disturbs me. That disturbs me that we completely apparently don't want 
to take into consideration their concerns on issues that affect the 
citizens of the State of Hawaii.
  So it is for those reasons, Mr. Speaker, that I urge my colleagues to 
vote against the Abercrombie substitute; because if the Abercrombie 
substitute is defeated, we will now have a bill that the Governor of 
Hawaii can support. That is a good starting point in future 
negotiations if the House or the Senate, the other body, were to pass 
this legislation.
  With that, Mr. Speaker, I urge my colleagues to vote ``no'' on the 
Abercrombie amendment.
  I yield back the balance of my time.
  The SPEAKER pro tempore. It is now in order to consider the 
amendments printed in part B of House Report 111-413.


      Part B Amendment No. 1 Offered by Mr. Hastings of Washington

  Mr. HASTINGS of Washington. Mr. Speaker, I have an amendment made in 
order under the rule.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 1 offered by Mr. Hastings of 
     Washington:
       Strike subparagraphs (A) and (B) of section 8(c)(8), and 
     insert the following:
       (A) the approval of the organic governing documents by a 
     statewide popular vote in which all registered voters in the 
     State of Hawaii are eligible to participate;
       (B) the approval of the organic governing documents by the 
     Secretary under subparagraph (A) or (C) of paragraph (4); and
       (C) the officers of the Native Hawaiian governing entity 
     elected under paragraph (5) have been installed.

  The SPEAKER pro tempore. Pursuant to House Resolution 1083, the 
gentleman from Washington (Mr. Hastings) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself 4 minutes.
  Mr. Speaker, my amendment simply requires a statewide vote of 
approval in Hawaii before the Federal recognition is extended to the 
Native Hawaiian entity.
  The use of a statewide vote in Hawaii is not uncommon. For example, 
it has been used to establish staggered terms for the State Senate, to 
modify the term length for the State Tax Commission, to issue bonds for 
private schools, and to establish residency requirements for candidates 
seeking higher office.
  My amendment merely proposes that before Congress changes the civil 
rights of all Hawaiians and establishes a two-tiered government in 
Hawaii, one of which is based on an individual's ancestry and race, a 
vote of all Hawaiians should be held to approve these changes.
  The most important statewide vote held in Hawaii occurred in 1959, 
when 94.3 percent of Hawaiians voted in favor of the Hawaiian 
Admissions Act in joining the Union as one unified State. When the 
outcome of the statewide vote was published, there was no footnote 
indicating that Native Hawaiians would be separated from their 
neighbors as a distinct political unit.

                              {time}  1930

  In fact, there is ample testimony and statements from public 
officials describing the racial harmony in the melting pot that was and 
still is Hawaiian culture. This is not to say Native Hawaiians should 
not have a distinct culture and history though, Mr. Speaker. We all 
honor and respect their culture and its contributions to all Americans, 
but this does not mean that there must be a separate legal and 
political status for them just as there must not be a separate legal 
and political status for anyone else based on their race and ancestry. 
It would be a grave mistake for Congress to impose this new separate 
government affecting the citizens of Hawaii without their consent, as 
H.R. 2314 proposes to do.
  I must point out that even if my amendment is adopted, Mr. Speaker, 
it will not relieve the serious concerns that many of my colleagues and 
constitutional experts outside of Congress have with the underlying 
subject of this legislation, but what this amendment does do is that it 
puts the question to the people this legislation affects most, the 
citizens of Hawaii. In 1959, as I said, 94-plus percent of Hawaiians 
voted for statehood. Today, Hawaiians should be afforded a statewide 
vote on the question of creating a separate government based on race.
  With that, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I rise in opposition to the amendment.
  The SPEAKER pro tempore. The gentleman from West Virginia is 
recognized for 5 minutes.
  Mr. RAHALL. Mr. Speaker, the Hastings amendment would require a 
referendum by all the registered voters of Hawaii for approval of the 
Native Hawaiian governing entity's organic governing documents.
  The Hastings amendment is inconsistent with State law as the State of 
Hawaii has no mechanism for a statewide referendum, thereby forcing the 
State of Hawaii to change its laws to comply with the Hastings 
amendment. This raises the question of it being an unfunded mandate on 
the State.
  The Abercrombie substitute proposes to treat the Native Hawaiian 
governing entity the same as other native governments. Neither the 
States nor non-native citizens have the authority to approve the 
organic governing documents of other Native governments. So I oppose 
the amendment.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentlelady from Hawaii 
(Ms. Hirono).
  Ms. HIRONO. Mr. Speaker, I rise in strong opposition to the Hastings 
amendment, which is unnecessary and, frankly, insulting to Native 
Hawaiians.
  We can no longer treat Native Hawaiians as any less deserving of 
Federal recognition than other indigenous people. Citizens of one State 
don't get to approve or disapprove the laws of another State or 
proposed amendments to another State's constitution. This is also true 
of native governments in the United States. Citizens of States that 
include Indian nations or tribes are not

[[Page H726]]

able to approve or disapprove governing documents of these native 
governments unless they are also citizens of the native government in 
question.
  This bill provides a process of self-determination for Native 
Hawaiians by Native Hawaiians. The idea that everyone else in Hawaii 
should vote on whether they should be allowed to do so is completely 
contrary to the intent of this bill.
  The Hastings amendment undercuts a basic principle in our 
constitutional principle of government, that citizens have a right to 
determine their own laws and be governed by those laws. It would set a 
precedent that could have negative consequences on other native and 
even State governments.
  Put more bluntly, unless you believe that citizens of other States 
should be able to vote to approve or amend the organic governing 
documents of your own State, you should oppose the Hastings amendment. 
I urge my colleagues to do so.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself 1\1/2\ 
minutes.
  Mr. Speaker, just in response, the State of Hawaii can and does hold 
statewide votes during general elections. Article 17 of the Hawaii 
Constitution describes the process for holding such votes, and it takes 
the action of the legislature. This is consistent with Hawaii's 
political culture.
  Since 1994, for example, the State of Hawaii has considered 25 
different statewide votes. They include a number of things, and I 
talked about that in my opening remarks. But Mr. Speaker, I am 
convinced that if we were to pass this bill, article 17 would come into 
play, because I believe in all likelihood, because of recent polling, 
the legislature of Hawaii would say, you know, we have the ability to 
put this to a vote; maybe we ought to do this since we are creating 
another governmental entity that has different rules and regulations 
than the State of Hawaii. That seems self-evident to me. My amendment 
simply facilitates that by saying that that should happen and it can 
happen under article 17 of the Hawaiian Constitution.
  With that, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, may I inquire as to the time remaining?
  The SPEAKER pro tempore. The gentleman from West Virginia has 3 
minutes remaining. The gentleman from Washington has 1 minute 
remaining.
  Mr. RAHALL. I yield 1 minute to the gentleman from American Samoa 
(Mr. Faleomavaega).
  Mr. FALEOMAVAEGA. I thank the gentleman for yielding.
  I have the utmost respect for my good friend, Mr. Hastings, for 
proposing his amendment, but I do have some very serious concerns about 
the amendment. In the first place, when we talk about the event that 
took place in 1959, it was a referendum of whether or not the voters or 
the people of Hawaii would accept statehood. What we are establishing 
here is a very dangerous precedent, in my humble opinion, so that for 
everything now we are going to be referring to referendums to State 
governments to tell us the will of the people of the State, when in 
fact this should be done that the Congress expresses that will for 
collectively all, on behalf of our Federal Government.
  So I do oppose the gentleman's amendment.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance 
of the time.
  The SPEAKER pro tempore. The gentleman is recognized for 1\1/2\ 
minutes.
  Mr. HASTINGS of Washington. Let me just make reference to the 1959 
vote. The vote was not whether you accept statehood--because if they 
had voted no, they could not have been a State--the question is whether 
they wanted statehood. Over 94 percent said yes, they want statehood. 
So that is a little bit of semantics there, but it is very important.
  This issue to me is equally as important because the vote there said 
we want to become part of the United States as a unified State. This 
action that we are debating here today could divide the State of 
Hawaii. They ought to have the opportunity to vote. So I urge my 
colleagues to vote for the Hastings amendment.
  With that, I yield back the balance of my time.
  Mr. RAHALL. Mr. Speaker, I yield the balance of my time to the 
gentleman from Hawaii (Mr. Abercrombie).
  Mr. ABERCROMBIE. Mr. Speaker, with all due respect to my good 
colleague and friend, Mr. Hastings from Washington State, I have to 
oppose this amendment because it has no precedent--or indeed any place 
I believe in Federal law that has been in place for well over 150 years 
as that law relates to Native governments.
  Under our Constitution, the citizens of the United States are the 
only citizens who are authorized and recognized as having a right to 
have a say in the laws which govern our Nation, be they Federal 
statutes or amendments to our Constitution. In a similar manner, the 
citizens of one State in our Union do not get to weigh in on the laws 
of another State or any proposed amendments to another State's 
constitution. Put simply, they cannot vote for changes in the law of a 
State for which they are not citizens. It goes without saying that 
foreign governments have no role to play in the formulation of the laws 
of the United States or the U.S. Constitution.
  All of these fundamental principles have in their foundation the fact 
that each government is a separate sovereign, and only the citizens of 
that sovereign government may determine what governmental powers and 
authorities that sovereign government may exercise. It is no different 
for native governments in the United States.
  The largest native government in the United States is the Navajo 
Nation. It is situated in four States. Because they are not citizens of 
the Navajo Nation, the non-Navajo citizens of the States of Arizona, 
New Mexico, Utah and Colorado do not, under our constitutional 
principles, formulate, amend, or approve the governing documents either 
of the constitution or the laws of the Navajo Nation.
  In like manner, under our Federal statuary and constitutional 
framework, the non-Indian citizens of Washington State do not have the 
right to approve the constitution or the laws of the 28 Indian tribal 
governments in the State of Washington, nor do the citizens of any 
other State have the right, under our Federal Constitution or Federal 
laws, to approve the governing documents, the constitutions, of the 
native governments in their States if they are not citizens of the 
native government.
  I would suggest to my colleagues that they vote down the Hastings 
amendment on the basis that it is an inherent conflict of interest.
  If the gentleman's premise is that without regard to citizenship in a 
sovereign government, any citizen of the United States should have a 
right to vote to approve the organic governing documents of another 
sovereign government, then every American would have a right to 
determine the laws of every State in the Union. The citizens of Vermont 
could vote to amend the constitution of the State of California. The 
citizens of Utah could vote to legalize gaming in another State, even 
though the laws of Utah criminally prohibit all forms of gaming.
  This is counter to our constitutional family of governments in which 
each sovereign government and its citizens has the right to determine 
its own laws and be governed by those laws.
  I would suggest to my colleagues that to even take a step in this 
direction would create constitutional chaos in our Federal system as 
well as in the laws which govern each State and each Native government. 
This is not one of the fundamental principles on which this country was 
founded, nor does it have a place in our constitutional system of 
governments.
  The SPEAKER pro tempore. All time for debate on the amendment has 
expired.
  The question is on the amendment by the gentleman from Washington 
(Mr. Hastings) to the amendment in the nature of a substitute offered 
by the gentleman from Hawaii (Mr. Abercrombie).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
1083, further proceedings on the amendment offered by the gentleman 
from Washington will be postponed.


              Part B Amendment No. 2 Offered by Mr. Flake

  Mr. FLAKE. Mr. Speaker, I have an amendment at the desk that has been 
made in order.

[[Page H727]]

  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B Amendment No. 2 offered by Mr. Flake:
       At the end of the bill, add the following:

     SEC. __. APPLICATION OF 14TH AMENDMENT.

       Nothing in the Act shall relieve a Native Hawaiian 
     governing authority from complying with the equal protection 
     clause of the 14th amendment to the United States 
     Constitution.

  The SPEAKER pro tempore. Pursuant to House Resolution 1083, the 
gentleman from Arizona (Mr. Flake) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. This amendment, I would hope, would not be controversial. 
It has nothing to do with earmarks either, I'll let everybody know. But 
it would simply ensure that the equal protection clause, the 14th 
Amendment of the Constitution, applies to the Native Hawaiian governing 
authority established by this legislation.
  I just want to say how much I admire the gentleman from Hawaii (Mr. 
Abercrombie). I have worked with him for a number of years on a number 
of issues and I know that he brings to this debate a lot of hard work 
and a lot of care. I just want to commend him for that and for all that 
he does.
  I think that this amendment simply clarifies, I would hope, that this 
does not violate any portion of the Constitution. Now, it has been said 
here many times by the proponents of the legislation that it does not, 
but there are still a lot of questions out there. As has been noted, 
the Governor of Hawaii and the Attorney General do not support this 
substitute amendment to the bill, and they have repeatedly expressed 
concerns fearing that it would apply different rules to those under 
their jurisdiction. I think that if there is any question, that we 
ought to ensure, at least at a minimum, that we are complying with the 
14th Amendment.
  The 14th Amendment states, ``All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citizens of 
the United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States; nor shall any State 
deprive any person of life, liberty or property without due process of 
law; nor deny to any person within its jurisdiction the equal 
protection of the laws.''
  I should note that on August 28, 2009, the United States Commission 
on Civil Rights voiced its opposition in a letter to Members of the 
Congress stating, The Commission recommends against passage of the 
Native Hawaiian Government Reorganization Act, or any other legislation 
that would discriminate on the basis of race or national origin and 
further subdivide the American people into discrete subgroups according 
to varying degrees of privilege.
  And you can have arguments on either side. Proponents will say that 
this complies with the Constitution. Some question that it may not. And 
no less authority than the U.S. Commission on Civil Rights has those 
worries.
  So what we are saying here is, why not adopt language that says that 
it simply complies, or no language in this legislation shall be 
contrary to the 14th Amendment?
  With that, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I rise to claim the time in opposition.
  The SPEAKER pro tempore. The gentleman from West Virginia is 
recognized for 5 minutes.
  Mr. RAHALL. Mr. Speaker, this amendment proposes to require the 
Native Hawaiian governing authority to comply with the equal protection 
clause of the 14th Amendment. The Abercrombie substitute will correctly 
treat the Native Hawaiian governing entity the same as any other Native 
American government is treated.
  Specifically, the Abercrombie substitute mandates that the Native 
Hawaiian government's organic governing documents must provide for the 
protection of the civil rights of Native Hawaiian citizens. It requires 
that the Native Hawaiian government's organic governing documents must 
provide for the protection of the civil rights of all persons affected 
by an exercise of Native Hawaiian governmental powers and authorities. 
And the Abercrombie substitute subjects the Native Hawaiian governing 
entity to the Indian Civil Rights Act of 1968, which prohibits, among 
other things, a denial of the equal protection of any person.
  There is no reason for this amendment, and I would urge its defeat.
  I reserve the balance of my time.

                              {time}  1945

  Mr. FLAKE. I thank the gentleman. I guess the gentleman is arguing 
that it is simply redundant.
  I would suggest that, if the Governor of the State of Hawaii and the 
Attorney General of the State of Hawaii both have concerns about it and 
if the U.S. Commission on Civil Rights recommends against its passage 
for these very concerns, there is at least some question about whether 
or not it complies with the 14th Amendment.
  So why not adopt this amendment? If we are saying straight out that 
this complies with the 14th Amendment, why not simply adopt this 
amendment? There is definitely a question out there. If it were 
unanimous and if everyone were saying, Let's pass this legislation as 
it is, as there is no constitutional question, that would be one thing, 
but we certainly don't have that today.
  Let me just say that something was sent around to Members that was 
urging opposition to the Flake amendment, saying, ``H.R. 2314 already 
applies ICRA,'' or the Indian Civil Rights Act, ``to the entity, and 
requires the Secretary of the Interior to certify that the Native 
Hawaiian governing entity is in compliance with Federal law and that 
its governing documents provide for the protection of the civil rights 
of the citizens of the Native Hawaiian governing authority or entity.''
  I would argue that we are talking apples and oranges here. What ICRA 
stipulates is that civil rights are applied equally to those within the 
governing authority, and so it simply stipulates that those within the 
Native Hawaiian governing act will comply with Federal law. In other 
words, there will be no discrimination among them. It doesn't address 
the core question here that we are seeking to address. It doesn't 
address whether or not there is a constitutional question about whether 
or not individuals outside of the governing entity here might be 
discriminated against.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. FLAKE. I urge adoption of the amendment.
  Mr. RAHALL. Mr. Speaker, I yield the balance of my time to the 
gentleman from Hawaii (Mr. Abercrombie).
  Mr. ABERCROMBIE. I will take the first few seconds of it, Mr. 
Speaker, because I believe this will be the last discussion of both the 
amendments and of the bill prior to voting, to thank Mr. Flake for his 
friendship over these years and to say to him that I admire his 
independent spirit; I admire his devotion to this House; I admire his 
steadfast sense of responsibility in the various amendments that he 
offers. I wish I could support it on the basis of that friendship and 
in my admiration for him.
  Yet I would like to say in that context--and I hope I am stating the 
purpose of the amendment correctly--that Mr. Flake wants to require any 
native governing entity to comply with the Equal Protection Clause of 
the 14th Amendment of the United States Constitution. If I had to 
summarize it in a sentence, that's the way I would put it.
  In the course of his remarks, he asked, Why not make sure? I think 
that's a perfectly reasonable request, but my contention would be, in 
asking that the amendment not be voted favorably upon, that precisely 
what he seeks to succeed in with his amendment is exactly what is in 
the bill, itself, which is in the amendment as a substitute. Mr. 
Flake's amendment then is duplicative of current Federal law.
  Only after a thoughtful and deliberate process did Congress impose 
most of the provisions on the Bill of Rights on tribes through the 
Indian Civil Rights Act of 1968. The Equal Protection and Due Process 
provisions of the Bill of Rights were included verbatim in the Indian 
Civil Rights Act.

[[Page H728]]

  The Indian Civil Rights Act specifically states, ``No Indian tribe in 
exercising the powers of self-government shall deny any person within 
its jurisdiction the equal protection of its laws or deprive any person 
of liberty or property without due process of law.''
  In section 1302, Constitutional Rights, again quoting, ``No Indian 
tribe in exercising powers of self-government shall:
  ``No. 8: deny to any person within its jurisdiction the equal 
protection of its laws or deprive any person of liberty or property 
without due process of law.''
  The Flake amendment essentially then ignores the provision of H.R. 
2314, as amended, should we pass the substitute.
  The bill applies the Indian Civil Rights Act to the entity, the 
Native Hawaiian entity, and it requires the Secretary of the Interior 
to certify that the Native Hawaiian governing entity is in compliance 
with Federal law and that its governing documents provide for the 
protection of the civil rights of the citizens of the Native Hawaiian 
governing entity as well.

  Thus, the Flake amendment, as I indicated, I believe, is a 
duplication, and would actually create a double standard for the Native 
Hawaiian governing entity, not treating them as other federally 
recognized tribal governments are today.
  Finally, I believe the amendment could be subject to broad 
interpretation, the scope of which is unclear. As a result, litigation 
would likely flourish in the Federal courts, which might take years to 
resolve as the courts would have to examine the U.S. Constitution, 
Federal law and numerous Federal court decisions upholding the current 
law, which already imposes the same equal protection guarantees on 
tribes that Mr. Flake's amendment seeks to impose.
  Therefore, I ask, in the context of my admiration and respect for Mr. 
Flake, that his amendment, however, be defeated.
  With that, Mr. Speaker, if I have time remaining, I would like to 
take the occasion then to thank Mr. Hastings, Mr. Flake and all of 
those on the Resources Committee--Republican and Democratic alike--who 
have been my colleagues and friends all these years. I think the 
Resources Committee is one of the most unappreciated committees, 
unappreciated in the sense of comprehension by, perhaps, even Members 
of Congress and by the public at large. No committee deals with as 
detailed and as difficult a set of circumstances as the Resources 
Committee does. My respect and admiration for all its members abides 
with me as I take leave of the House.
  Mr. Speaker, ``aloha'' to you. ``Aloha'' to the House of 
Representatives. ``Aloha'' to all Members here tonight.
  Ms. HIRONO. Mr. Speaker, I rise in strong opposition to the amendment 
introduced by Congressman Flake.
  Congressman Flake has personal ties to the State of Hawaii and I 
appreciate his interest in the underlying bill. However, his amendment 
duplicates existing legal guarantees in the Indian Civil Rights Act of 
1968.
  Contrary to what opponents of the bill have stated, everyone in 
Hawaii, Native Hawaiians and non-Native Hawaiians, will continue to be 
citizens of the United States upon passage of the bill, and therefore, 
afforded all the protections of the U.S. Constitution.
  The Abercrombie Substitute Amendment further clarifies that upon 
recognition by the United States, the Native Hawaiian governing entity 
would have no authority over nonmembers, unless those nonmembers 
expressly consented to the jurisdiction of the governing entity.
  Section 10 of the Substitute would make the governing entity adhere 
to the Indian Civil Rights Act, which guarantees protections for both 
members of the governing entity and nonmembers alike.
  This bill provides for a careful balance of the interests of the 
federal government, the State of Hawaii, and the Native Hawaiian 
governing entity. I urge my colleagues to oppose the Flake Amendment.
  The SPEAKER pro tempore. The question is on the amendment offered by 
the gentleman from Arizona (Mr. Flake) to the amendment in the nature 
of a substitute offered by the gentleman from Hawaii (Mr. Abercrombie).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. FLAKE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
1083, further proceedings on the amendment offered by the gentleman 
from Arizona will be postponed.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
1083, proceedings will now resume on the amendments printed in House 
Report 111-413 on which further proceedings were postponed, in the 
following order:
  Amendment printed in part B by Mr. Hastings of Washington;
  Amendment printed in part B by Mr. Flake of Arizona;
  Amendment printed in part A by Mr. Abercrombie of Hawaii.
  Pursuant to clause 8 of rule XX, the Chair will reduce to 5 minutes 
the time for any electronic vote after the first vote in this series.


      Part B Amendment No. 1 Offered by Mr. Hastings of Washington

  The SPEAKER pro tempore. The unfinished business is the question on 
adoption of the amendment printed in part B of House Report 111-413 by 
the gentleman from Washington (Mr. Hastings) on which the yeas and nays 
were ordered.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.
  The SPEAKER pro tempore. The question is on the amendment.
  The vote was taken by electronic device, and there were--yeas 163, 
nays 241, not voting 28, as follows:

                             [Roll No. 56]

                               YEAS--163

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Crenshaw
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                               NAYS--241

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer

[[Page H729]]


     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--28

     Andrews
     Barrett (SC)
     Berman
     Blunt
     Bono Mack
     Costello
     Culberson
     Delahunt
     Dingell
     Gordon (TN)
     Hinojosa
     Hoekstra
     Johnson (GA)
     Lowey
     Mack
     Markey (CO)
     McMahon
     Moore (WI)
     Payne
     Perlmutter
     Radanovich
     Reichert
     Richardson
     Ros-Lehtinen
     Sires
     Stark
     Turner
     Wamp

                              {time}  2017

  Messrs. BOSWELL, BUTTERFIELD, DICKS, RANGEL, SCOTT of Georgia, 
KRATOVIL, WALZ, HEINRICH, CARSON of Indiana, WATT, Ms. SLAUGHTER, Mr. 
ARCURI, Ms. EDWARDS of Maryland, Ms. PINGREE of Maine, Messrs. HONDA, 
DOGGETT, McINTYRE, CLEAVER, PASTOR of Arizona, and Ms. VELAZQUEZ 
changed their vote from ``yea'' to ``nay.''
  Messrs. ADERHOLT, SHUSTER, SOUDER, and KING of Iowa changed their 
vote from ``nay'' to ``yea.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  (By unanimous consent, Mr. Dreier was allowed to speak out of order.)


            Moment of Silence in Memory of Ethie Radanovich

  Mr. DREIER. Mr. Speaker, I think all of our colleagues are aware of 
the fact that a week-and-a-half ago, after a more than 3\1/2\-year 
battle against ovarian cancer, Ethie Radanovich, the wife of our 
California colleague, George, tragically passed away. She was a 
wonderful, wonderful human being.
  I would like to ask our colleagues to join in a moment of silence in 
memory of Ethie Radanovich, and to extend, Mr. Speaker, our thoughts 
and prayers to George and their 11-year-old son, King.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Without objection, 5-minute voting will 
continue.
  There was no objection.


              Part B Amendment No. 2 Offered by Mr. Flake

  The SPEAKER pro tempore. The unfinished business is the question on 
adoption of the amendment printed in part B of House Report 111-413 by 
the gentleman from Arizona (Mr. Flake) on which the yeas and nays were 
ordered.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.
  The SPEAKER pro tempore. The question is on the amendment.
  This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 177, 
nays 233, not voting 22, as follows:

                             [Roll No. 57]

                               YEAS--177

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Crenshaw
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Himes
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kosmas
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMahon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Perlmutter
     Petri
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Young (FL)

                               NAYS--233

     Abercrombie
     Ackerman
     Altmire
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Sherman
     Shuler
     Skelton
     Slaughter
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Yarmuth
     Young (AK)

                             NOT VOTING--22

     Andrews
     Barrett (SC)
     Berman
     Blunt
     Bono Mack
     Costello
     Culberson
     Delahunt
     Dingell
     Gordon (TN)
     Hinojosa
     Hoekstra
     Mack
     Payne
     Radanovich
     Reichert
     Ros-Lehtinen
     Shea-Porter
     Sires
     Stark
     Turner
     Wamp


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members have 2 minutes 
remaining to cast their votes.

[[Page H730]]

                              {time}  2027

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


     Part A Amendment in the Nature of a Substitute Offered by Mr. 
                              Abercrombie

  The SPEAKER pro tempore. The question is on the amendment in the 
nature of a substitute by the gentleman from Hawaii (Mr. Abercrombie).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 245, 
nays 164, not voting 23, as follows:

                             [Roll No. 58]

                               YEAS--245

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Whitfield
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                               NAYS--164

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Crenshaw
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Himes
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMahon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                             NOT VOTING--23

     Andrews
     Barrett (SC)
     Berman
     Blunt
     Bono Mack
     Costello
     Culberson
     Delahunt
     Dingell
     Gordon (TN)
     Hinojosa
     Hoekstra
     Mack
     Moran (KS)
     Payne
     Radanovich
     Reichert
     Ros-Lehtinen
     Sires
     Stark
     Turner
     Wamp
     Wasserman Schultz


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members have 2 minutes 
remaining.

                              {time}  2034

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. Pursuant to House Resolution 1083, the 
previous question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 245, 
nays 164, not voting 23, as follows:

                             [Roll No. 59]

                               YEAS--245

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)

[[Page H731]]


     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                               NAYS--164

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Crenshaw
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Himes
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMahon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                             NOT VOTING--23

     Andrews
     Barrett (SC)
     Berman
     Bishop (UT)
     Blunt
     Bono Mack
     Costello
     Culberson
     Delahunt
     Dingell
     Gordon (TN)
     Hinojosa
     Hoekstra
     Mack
     Miller (NC)
     Payne
     Radanovich
     Reichert
     Ros-Lehtinen
     Sires
     Stark
     Turner
     Wamp

                              {time}  2051

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________