[Congressional Record Volume 160, Number 148 (Monday, December 8, 2014)]
[Senate]
[Pages S6374-S6375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   UNANIMOUS CONSENT REQUEST--S. 1352

  Mr. TESTER. Mr. President, as we hurry to finish things late in the 
year, we are running out of time to reauthorize the Native American 
Housing Assistance and Self-Determination Act, referred to as NAHASDA. 
This legislation was first passed in 1996 to consolidate Indian housing 
programs at the Department of Housing and Urban Development. This block 
grant replaced 14 different housing programs operating in Indian 
Country. The law has been previously authorized twice in a bipartisan 
manner.
  The housing needs in Indian Country are staggering. A recent GAO 
report stated that 5.3 percent of homes on Indian lands lacked complete 
plumbing. That compares to homes nationwide where less than 1 percent 
lack plumbing.
  Tribal communities also face a serious housing shortage. In some 
cases, there are up to 20 people living in a single three-bedroom home. 
That is not by choice, by the way. That is by necessity. These are 
often extended families with three or four generations under one roof. 
This is unacceptable. We must do more to honor the trust responsibility 
the government has to American Indians.
  The best tool we have to address this housing shortage is the Indian 
Housing Block Grant Program authorized by NAHASDA. Not passing this 
reauthorization places this program in jeopardy, and we should 
reauthorize it today.
  Last year, during Senator Cantwell's tenure as chair of the Committee 
on Indian Affairs, she introduced a reauthorization bill. This bill 
makes a number of positive changes to the law.
  Mr. President, I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 334, S. 1352; that the 
committee-reported substitute amendment be agreed to; that the bill, as 
amended, be read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Utah.
  Mr. LEE. Mr. President, reserving the right to object, I prepared an 
amendment which is at the desk. The amendment I would like to offer 
would strike just one provision of this bill which is the 
reauthorization of the Hawaiian Homes Commission Act from this large 
reauthorization bill. The Hawaiian Homes Commission Act, in my view, is 
unconstitutional. It conditions benefits to certain residents of the 
State of Hawaii on their ancestry; that is, on what race they belong 
to, like the U.S. Supreme Court, which invalidated similar laws, making 
membership of a racial group an explicit qualification for certain 
benefits. I believe this act violates the constitutional guarantee of 
equal protection. I, therefore, cannot support the reauthorization 
without an amendment striking that same language. Accordingly, I 
respectfully request that my distinguished colleague, the senior 
Senator from Montana, modify his request to adopt my amendment which is 
at the desk and which would strike section 503.
  The PRESIDING OFFICER. Will the Senator so modify his request?
  Mr. TESTER. I object to the modification because of this: Setting 
aside the fact that Senator Inouye was a very good friend of mine, the 
Native Hawaiian Homelands Act was passed into law some time ago. As 
Native people, Native Hawaiians have sacrificed

[[Page S6375]]

their lands similar to Native people here and in Alaska. The Native 
Hawaiians here have similar needs to those whom I just explained.
  The cost of housing in Hawaii is a significant barrier for Native 
Hawaiians. Reauthorizing the Native Hawaiian provisions will provide 
stability and assurances to keep housing programs for Native Hawaiians 
moving forward. For these reasons, I object to that modification.
  The PRESIDING OFFICER. There is an objection to the modification.
  Is there a further objection to the original request?
  Mr. LEE. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. TESTER. I am disappointed that we cannot pass this legislation. 
This bill would not only reauthorize Indian housing programs with HUD 
but would streamline cumbersome environmental requirements and allow 
for more flexibility to build more modern, sustainable housing. This 
legislation would also reauthorize housing programs, as I said, for the 
Native Hawaiians, where the need exists in a big way.
  I should also mention that the exact same provision was included in a 
bill that passed the Republican-controlled House of Representatives 
last week on a voice vote.
  Finally, this legislation will make the HUD-VASH Program available to 
tribally designated housing authorities through the Indian housing 
block grant. These funds will be specifically used for housing 
assistance for homeless, Native veterans, as well as those who are at 
risk of becoming homeless.

  As many of my colleagues know, American Indians serve at higher rates 
per capita than any other population in the military and continue to be 
one of the most underserved groups of veterans.
  With all these good things in it, I am extremely disappointed that we 
cannot get this bill across the finish line. Housing Native people 
should be a priority for Congress as we wrap up this session.
  It is frustrating to see a bill get through the House only to have 
potentially a couple of Senators here hoping to get a better report 
card from a group such as the Heritage Foundation.
  I am sorry we cannot pass the bill today. This is disappointing for 
any country and the Senate. I am more than willing to talk about 
germane changes, but the bottom line is this: Many folks here do not 
understand the trust responsibilities we have to our Native American 
people. If we are going to start carving folks out such as the Native 
Hawaiians, we are going to be making two classes of Native American 
people in this country. I don't think that is fair to them, nor do I 
think it is fair to this country.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.

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