[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[Senate]
[Pages 23480-23483]
[From the U.S. 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.


[[Page 23481]]


  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.
  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

[[Page 23482]]

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.
                                  ____


                               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.

[[Page 23483]]

       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.

                          ____________________