[Congressional Record Volume 156, Number 173 (Wednesday, December 22, 2010)]
[Senate]
[Pages S10990-S10992]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELPING HEROES KEEP THEIR HOMES ACT OF 2010
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 4058 introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 4058) to extend certain expiring provisions
providing enhanced protections for servicemembers relating to
mortgages and mortgage foreclosure.
There being no objection, the Senate proceeded to consider the bill.
Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be
read three times and passed, the motion to reconsider be laid upon the
table, with no intervening action or debate, and any statements related
to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 4058) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 4058
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Heroes Keep Their
Homes Act of 2010''.
SEC. 2. EXTENSION OF ENHANCED PROTECTIONS FOR SERVICEMEMBERS
RELATING TO MORTGAGES AND MORTGAGE FORECLOSURE
UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Paragraph (2) of section 2203(c) of the Housing and
Economic Recovery Act of 2008 (Public Law 110-289) is
amended--
(1) by striking ``December 31, 2010'' and inserting
``December 31, 2012''; and
(2) by striking ``January 1, 2011'' and inserting ``January
1, 2013''.
Mr. AKAKA. Mr. President, I ask unanimous consent to speak for 15
minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. AKAKA. Mr. President, I rise today to reaffirm my strong
commitment to have the Native Hawaiian Government Reorganization Act
enacted into law. This bill is of great importance to all of the people
of Hawaii. The bill would simply put the State of Hawaii on equal
footing with the rest of the country in the treatment of its indigenous
people. It provides a process for the reorganization of a Native
Hawaiian governing entity. However, since I first introduced this
commonsense bill 10 years ago, it has been the subject of misleading
attacks and procedural hurdles, and has never had the opportunity for
an up-or-down vote here on the Senate floor.
Earlier this month, a handful of my colleagues who oppose this
measure put out a press release, fueling speculation that I was seeking
to attach this bill to must-pass, end-of-session legislation. One of
these colleagues said that this measure--and I quote, ``should be
brought up separately and debated openly on the Senate floor with the
opportunity for amendment.''
I could not agree more.
A structured debate followed by an up-or-down vote on this
legislation is long overdue. The people of Hawaii have waited for far
too long.
This Congress, the bill was favorably reported by the Senate
Committee on Indian Affairs, and it was passed by the House of
Representatives. Despite this, it was not given an opportunity to be
debated and voted on, here on the Senate floor.
I am deeply disappointed that we did not have the opportunity to
consider this bill during the 111th Congress. This historic Congress
saw a great many accomplishments on behalf of the American people, but
tragically, it also saw unprecedented obstruction.
I remain committed to passing this bill. I am hopeful that, when we
convene next year in the new Congress, I can count on every one of my
colleagues to be supportive of my efforts to bring this bill to the
Senate floor.
The Native Hawaiian Government Reorganization Act is a Hawaii-
specific measure. In the long traditions of the U.S. Senate, it was
considered a courtesy to stand with your colleagues on matters
specifically addressing the needs of their home State. This civility
seems to have vanished from this Chamber.
It is frustrating to me that some of my colleagues have worked
aggressively to block this bill. For some reason, they have made it a
priority to prevent the people of my State from moving forward to
resolve issues caused by the illegal overthrow of the Native Hawaiian
government in 1893.
[[Page S10991]]
This bill has widespread support among elected leaders and the
citizens of Hawaii. Both chambers of the Hawaii State Legislature have
voiced their support of the measure, and our new Governor, Neil
Abercrombie, was the chief sponsor of the bill in the U.S. House of
Representatives. This legislation is also supported by community and
civic organizations, including the Association of Hawaiian Civic Clubs
and the Council for Native Hawaiian Advancement, and the Office of
Hawaiian Affairs, a State agency.
The bill also has broad support outside of Hawaii. Indigenous leaders
and community organizations across the United States support the bill,
such as the Alaska Federation of Natives and the National Congress of
American Indians.
The American Bar Association sent a letter this year to Members of
the Senate reaffirming its support and outlining the sound
Constitutional basis for the legislation. The ABA wrote, ``The right of
Native Hawaiians to use the property held in trust for them and the
right to govern those assets are not in conflict with the Equal
Protection Clause since they rest on independent constitutional
authority regarding the rights of native nations contained in Articles
I and II of the Constitution.'' Mr. President, I ask unanimous consent
that this letter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. AKAKA. The bill also has the support of the Obama Administration.
When the measure passed the House in February of this year, the White
House Press Secretary issued a statement noting that President Obama,
``looks forward to signing the bill into law and establishing a
government-to-government relationship with Native Hawaiians.'' And
earlier this month, Attorney General Eric Holder and Secretary of the
Interior Ken Salazar wrote to the Senate Leaders to reiterate the
administration's support for the Native--Hawaiian Government
Reorganization Act, and to make note of the urgent need for this bill.
The letter reads, ``Of the Nation's three major indigenous groups,
Native Hawaiians--unlike American Indians and Alaska Natives--are the
only one that currently lacks a government-to-government relationship
with the United States.'' I ask unanimous consent to have a copy of
this letter printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 2.)
Mr. AKAKA. Opponents have spread misinformation about the bill. Let
me set the record straight. This bill does not allow Hawaii to secede
from the United States. It does not allow private lands to be taken. It
does not authorize gaming in Hawaii.
Opponents of the bill also distort the history of the Native Hawaiian
people. I welcome the chance to speak with any of my colleagues about
the history of my great State and of its indigenous people. I want to
help you understand why this bill is necessary for Hawaii to move
forward, and how it is consistent with the United States' existing
policies of Federal recognition for Alaska Natives and American
Indians.
Opponents also point to a vocal minority in Hawaii who oppose this
bill. The reality is that this legislation is strongly supported by the
people of Hawaii. A poll conducted by the Honolulu Advertiser in May of
this year found that 66 percent of people in Hawaii support Federal
recognition for Native Hawaiians. Of the poll participants, 82 percent
identifying themselves as Native Hawaiians said they support Federal
recognition. Mr. President, I ask unanimous consent to have this
article printed in the Record.
(See exhibit 3.)
Mr. AKAKA. This year marked the commemoration of the 200th
anniversary of the unification of the Hawaiian Islands into one
kingdom, under King Kamehameha. This year also marked 51 years of
statehood and more than 100 years since Hawaii became a United States
territory. And yet the people of Hawaii have still not been given the
chance to participate in a government-to-government relationship
similar to those already extended to this Nation's other indigenous
people.
I have worked tirelessly to educate my colleagues on the importance
of this bill. I hope that you will continue to welcome my efforts to
speak with you. I extend my heartfelt aloha and mahalo, thank you, to
the many, many supporters who have worked to advocate for this
legislation. Your support makes a difference and is greatly
appreciated. I thank my colleague, Chairman Dorgan, who has been a
great friend of mine and to the people of Hawaii. His leadership on
this issue will be missed.
My work to enact this bill is not over. I look forward to having the
opportunity to debate this bill on its merits. I will not give up until
the Native Hawaiian people have the same rights to self-governance
already afforded to the rest of the Nation's indigenous people.
Mr. President, mahalo--thank you--to all of my colleagues for
listening to this matter of great importance to me and my State. I
yield back the remainder of my time.
Exhibit 1
September 28, 2010.
U.S. Senate,
Washington, DC
Dear Senator: On behalf of the American Bar Association,
which has nearly 400,000 members nationwide, I urge your
support for H.R, 2134, the Native Hawaiian Government
Reorganization Act of 2010. The legislation, as amended,
passed the House of Representatives with bipartisan support
early in the session and was placed on the Senate calendar
where it is still awaiting Senate floor action. As amended,
H.R. 2314 is supported by the White House, the Department of
Justice, Hawaii's Congressional Delegation and the Governor
of Hawaii.
The ABA has a long-standing interest in the legal issues
concerning America's native and indigenous peoples. Over the
past twenty years, our House of Delegates has adopted
numerous policies supporting self-determination and self-
governance for American Indians and Alaska Natives. In 2006,
the ABA adopted policy specifically supporting the right of
Native Hawaiians to seek federal recognition of a native
governing entity within the United States similar to that
which American Indians and Alaska Natives possess under the
U.S. Constitution.
H.R. 2314 would establish a process that would lead
eventually to the formation of a native governing entity that
would have a government-to-government relationship with the
United States. Developed by Native Hawaiians, this federally
recognized entity would serve, maintain and support their
unique cultural and civic needs and advocate on their behalf
at the federal and state levels. Prior to the overthrow of
the Hawaiian monarchy in 1893 by U.S. agents acting without
official sanction, Native Hawaiians lived under an organized
political framework governed by the rule of law. This Kingdom
had a written constitution and was recognized by the U.S.
government as a sovereign nation. Congress ratified treaty
agreements with it and recognized its representatives.
In addition to establishing a lasting trust relationship
with the Native Hawaiian people after the coup, Congress
acknowledged the illegal overthrow of the Kingdom of Hawaii,
issued a formal apology to the Native Hawaiian people in
1993, and has consistently supported reconciliation efforts.
Congressional support for legislation that would lead to a
process for federal recognition for Native Hawaiians is the
next logical step.
Opponents of this legislation claim that allowing Native
Hawaiians the right to self governance would imperil the
constitutional rights of non-Native Hawaiians to equal
protection under the law. They point to the former Kingdom's
wealth and claim that self-determination will create a system
of benefits disadvantaging those who are not of Native
Hawaiian heritage. However, Native Hawaiians, in seeking
rights and privileges that other indigenous people of the
United States enjoy under our system of law, are not
compromising the rights of others but exercising their own
rights to property, to self-determination, and to be
recognized as an indigenous people by Congress.
The right of Native Hawaiians to use of the property held
in trust for them and the right to govern those assets are
not in conflict with the Equal Protection Clause since they
rest on independent constitutional authority regarding the
rights of native nations contained in Articles I and II of
the Constitution. The constitutional framers recognized the
existence of native nations within the United States that
predated our own democracy and created a system for federal
recognition of indigenous nations within our then expanding
borders.
The framers empowered Congress through the Indian Commerce
Clause and the Treaty Clause to maintain relations between
the U.S. federal government and the governments of these
native nations. Our courts have upheld Congress' power to
recognize indigenous nations and have specifically recognized
that this power includes the power to re-recognize nations
whose recognition has been terminated in the past. Thus, the
Native Hawaiians have the right to be recognized by the
Congress, this right is not in conflict with the rights of
others, and this recognition may be renewed despite
historical lapses.
The American Bar Association urges you to support the
rights of Native Hawaiians to self-determination by voting
for H.R. 2314.
Sincerely,
Thomas M. Susman.
[[Page S10992]]
____
Exhibit 2
December 9, 2010.
Hon. Harry Reid.
Majority Leader,
U.S. Senate, Washington, DC.
Dear Senator Reid: We write to express the Administration's
strong support for the Native Hawaiian Government
Reorganization Act of 2010 (S. 3945).
This legislation establishes a process for Native Hawaiians
to organize a government roughly akin to the government of an
American Indian tribe. Once the Native Hawaiian government is
created and its leaders elected, the United States would
officially recognize the new governing entity and work with
it on a government-to-government basis, just as the United
States works with federally recognized Indian tribes in other
States.
Senator Akaka first introduced a version of this
legislation more than a decade ago. Since 1999, Senator
Akaka, Senator Inouye, and other members of Hawaii's
congressional delegation have worked tirelessly with the last
three Administrations--and especially with our Departments--
to greatly improve the bill, which has now received
bipartisan support from the House of Representatives, the
Senate Committee on Indian Affairs, and Hawaii's Governor and
Attorney General.
Of the Nation's there major indigenous groups, Native
Hawaiians--unlike American Indians and Alaska Natives--are
the only one that currently lacks a government-to-government
relationship with the United States. This bill provides
Native Hawaiians a means by which to exercise the inherent
rights to local self-government, self-determination, and
economic self-sufficiency that other Native Americans enjoy.
For these reasons, we urge the Senate to pass the Native
Hawaiian Government Reorganization Act of 2010 and send it to
the President for his signature.
The Office of Management and Budget has advised that
enactment of this legislation would be in accord with the
Administration's program.
Sincerely,
Eric H. Holder, Jr.,
Attorney General.
Ken Salazar,
Secretary of the Interior.
____
Exhibit 3
[From the Honolulu Advertiser, May 3, 2010]
66% of Hawaii Residents Favor Recognition for Native Hawaiians--Poll
Shows Slight Uptick From 2006, When 63% Approved
(By Gordon Y.K. Pang)
Hawai'i residents still favor federal recognition of Native
Hawaiians by a 2-to-1 margin, the latest Advertiser Hawai'i
Poll numbers show.
Polling conducted last week found that 66 percent of the
participants support Native Hawaiians being ``recognized by
Congress and the federal government as a distinct group,
similar to the special recognition given to American Indians
and Alaskan Natives.''
Such recognition could come about under a process created
by the Akaka bill, formally known as the Native Hawaiian
Government Reorganization Act of 2009. The bill passed the
U.S. House in February and is awaiting a vote in the Senate.
The Hawai'i Poll appears to indicate that, in recent years,
a large segment of Hawai'i residents have settled into how
they think about federal recognition and the Akaka bill. In
2000, the Advertiser Hawai'i Poll showed 73 percent in favor
of federal recognition. That support appeared to dip in the
latter part of the decade, when in 2006 the poll showed 63
percent of respondents in favor of recognition.
The poll was conducted by locally based Ward Research Inc.
with a sampling size of 604 respondents.
Over the course of the last decade, during the
administrations of President George W. Bush and President
Obama, language in the Akaka bill has been widely debated and
amended in the effort to get it passed.
Gov. Linda Lingle and her administration oppose the current
version of the bill. Lingle had been a strong and influential
supporter of the bill, but now believes this version grants
too much authority to the Native Hawaiian entity at the onset
of negotiations that would take place among the entity and
the state and the federal governments.
For instance, it would grant ``sovereign immunity'' to the
entity and its employees from the state's criminal, public
health, child safety and environmental laws.
Clyde Namu'o, administrator of the Office of Hawaiian
Affairs, said he is ``not surprised and actually pleased'' by
the latest poll numbers, especially given the new opposition
by Lingle and others.
``It's fairly consistent with the polls that we did,''
Namu'o said. ``Obviously, there's still a majority of the
people who still support'' federal recognition.
Two of three major candidates in the 1st Congressional
District special election, Democrat Ed Case and Republican
Charles Djou, have said they do not support the current
language of the bill that passed the House, leaving Democrat
Colleen Hanabusa as the sole staunch supporter.
`Nobody knows'
Longtime opponents of the Akaka bill and/or federal
recognition said the Hawai'i Poll numbers show only that a
majority of Hawai'i residents don't know what federal
recognition means.
``I think the big problem is nobody knows what's inside the
bill,'' said Thurston Twigg-Smith, former Honolulu Advertiser
owner. ``They keep changing it, people don't have a chance to
read it.''
Congress should hold hearings on the measure in Hawai'i so
the public can get a better understanding of the language, he
said.
Hawaiian rights activist Dennis Pu'uhonua ``Bumpy''
Kanahele said the poll ``only tells me that people aren't
even aware of what the Akaka bill is all about.''
The state's politicians and ``mainstream Hawaiian
organizations'' support the bill and not other models of
self-determination, such as complete independence from the
U.S. government, he said.
Kanahele said that's why he's been pushing for a
constitutional convention, so Hawaiians can look at the
different models and determine what's best.
Among the 115 poll respondents who identified themselves as
Native Hawaiians, 82 percent said they support federal
recognition. Among other ethnic groups, 66 percent of those
describing themselves as Japanese support it, while 61
percent of Filipinos and Caucasians indicated support.
Only 58 percent of those who identified themselves as 55
and older support federal recognition, while 72 percent of
those ages 35 to 54 support it, and 79 percent of those under
35 do.
____________________