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“PROVIDING FOR CONSIDERATION OF H.R. 2314, NATIVE HAWAIIAN GOVERNMENT REORGANIZATION ACT OF 2009” mentioning the U.S. Dept of Labor was published in the House of Representatives section on pages H693-H696 on Feb. 23, 2010.
The publication is reproduced in full below:
PROVIDING FOR CONSIDERATION OF H.R. 2314, NATIVE HAWAIIAN GOVERNMENT
REORGANIZATION ACT OF 2009
Mr. POLIS. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1083 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1083
Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 2314) to express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The bill shall be considered as read. All points of order against provisions of the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except:
(1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources; (2) the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution, if offered by Representative Abercrombie of Hawaii or his designee, which shall be in order without intervention of any point of order except those arising under clause 9 or 10 of rule XXI, shall be considered as read, and shall be separately debatable for 30 minutes equally divided and controlled by the proponent and an opponent; (3) the amendments to the amendment in the nature of a substitute printed in part B of the report of the Committee on Rules, each of which may be offered only by a Member designed in the report, shall be in order without intervention of any point of order except those arising under clause 10 of rule XXI, shall be considered as read, and shall be separately debatable for 10 minutes equally divided and controlled by the proponent and an opponent; and (4) one motion to recommit with or without instructions.
Sec. 2. During consideration of an amendment printed in part B of the report of the Committee on Rules accompanying this resolution, the Chair may postpone the question of adoption as though under clause 8 of rule XX.
{time} 1615
The SPEAKER pro tempore. The gentleman from Colorado is recognized for 1 hour.
Mr. POLIS. For the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Diaz-Balart). All time yielded during consideration of the rule is for debate only. I yield myself such time as I may consume.
General Leave
Mr. POLIS. I also ask unanimous consent that all Members be given 5 legislative days in which to revise and extend their remarks on House Resolution 1083.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Colorado?
There was no objection.
Mr. POLIS. Madam Speaker, House Resolution 1083 provides for consideration of H.R. 2314, the Native Hawaiian Government Reorganization Act of 2009, under a structured rule. The rule provides for 1 hour of debate in the House, controlled by the Committee on Natural Resources. The rule waives all points of order against consideration of the bill, except for clauses 9 and 10 of rule XXI. The rule makes in order an amendment in the nature of a substitute by Representative Abercrombie, which is debatable for 30 minutes. The rule also makes in order two second-degree amendments to the substitute. The amendments are to be offered by Representative Hastings of Washington and by Representative Flake of Arizona. The amendments are each debatable for 10 minutes. Finally, the rule provides one motion to recommit, with or without instructions.
Madam Speaker, I want to thank Chairman Rahall and the hardworking staff of the Natural Resources Committee for their dedication to the health and welfare of the many native peoples of this country and particularly for their work on this important legislation.
I also want to thank my colleagues from Hawaii, Congressman Abercrombie and Congresswoman Hirono, for bringing this legislation forward in the House, as well as the bill's original author, Senator Akaka, for his tireless work on behalf of the people of Hawaii in the Senate.
Our diversity is not only what makes us great but also what makes us American. My home State of Colorado is a beautiful land with awe-
inspiring mountains and rugged landscapes, but the people are who make it truly beautiful. Colorado's rich history and diverse culture is interwoven with the Apache, Arapaho, Cheyenne, Pueblo, Shoshone, and Ute peoples, who helped found our State and who continue to play such an important role in our vibrant diversity today.
While Hawaiians celebrate the sun and while Coloradans treasure the snow, the same connection between land and people can be found in the unique beauty of Hawaii.
As we have seen in Colorado, with the Southern Ute and Ute Mountain Ute and across the country, the U.S. has a longstanding policy of providing its indigenous people--those who exercised sovereignty until the United States expanded its borders into their homeland--with an opportunity to organize, to protect and to perpetuate their cultures and traditions and to look out for their interests. It is only right that all indigenous people should have a right to determine how they should interact with our government. This bill merely brings about parity in the U.S. treatment of its indigenous people--American Indians, Alaska natives and Native Hawaiians.
H.R. 2314 would establish a Native Hawaiian interim governing council to develop elements of the organic governing documents and other criteria for the Native Hawaiian governing entity. These documents would detail the powers and authorities of the governing entity, but they would also include membership criteria as well as requirements for the election of government officials.
The Secretary of the Interior would be required to certify that the organic documents meet specified criteria and are consistent with applicable Federal law and our Constitution. After this certification, the government-to-government relationship with the Native Hawaiians should be reaffirmed.
It is also worth mentioning that these were the conditions set forward by the United States and that Hawaii agreed to in Statehood. These conditions of Statehood were set forth in the Admissions Act, signed August 21, 1959, which posed that the State of Hawaii would assume administration of the congressionally established Hawaiian Homes Commission Act trust, as well as ensure that former Hawaiian Government public lands held in trust would be utilized for one of five purposes, including the betterment of the conditions of Native Hawaiians.
Like American Indians, Native Hawaiians have no other homeland to keep their culture alive. Like American Indians, disenfranchisement has left Native Hawaiians at the bottom of national health, education and economic rankings. Through all of this, however, Native Hawaiians continue to maintain their cultural identity and dignity as a distinct native community.
This bill would reaffirm the Federal delegation of authority to the State of Hawaii, found in the State's Admissions Act, and would provide Native Hawaiians with the tools and status needed to preserve their vibrant culture and unique heritage for future generations.
Last year, Madam Speaker, Hawaii celebrated the 50th anniversary of its Statehood. It is long past time that Congress grants the same opportunity for self-determination to Native Hawaiians.
In 2000, the Hawaii Congressional Delegation offered the first Native Hawaiian Government Reorganization Act. Since then, Congress has held six joint hearings of the Senate Committee on Indian Affairs and of the House Natural Resources Committee, five of which were in Hawaii, with a total of 12 congressional hearings within the last 9 years on the issue. The House has passed this legislation twice, in the 106th and 110th Congresses.
While the bill has evolved over the years and has received input from many stakeholders, it has maintained true to its intent to extend the Federal policy of self-governance and self-determination to Native Hawaiians for the purposes of a federally recognized government-to-
government relationship. This has received broad support from organizations and people across the ideological spectrum and the State of Hawaii.
As a Representative of Native Americans who live in Colorado's Second Congressional District, I urge my colleagues in Congress to join me in passing this rule to honor and respect, not just this generation, but future generations of Native Hawaiians and to promote the diversity of cultures everywhere that make our country so great. I ask you to end half a century of neglect and to provide the Native Hawaiians with the same representation provided to other native peoples across the country.
I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. I would like to thank my friend, the gentleman from Colorado (Mr. Polis) for the time, and I yield myself such time as I may consume.
Last week, the Department of Labor, Madam Speaker, reported that Americans filed 473,000 jobless claims in the week ending February 13. That is an increase of 31,000 more claims than the previous week. It is truly unfortunate that the number of jobless claims continues to rise 1 year after the passage of the massive so-called ``stimulus bill.'' Take, for example, the district that I am honored to represent. According to Recovery.gov, the administration's stimulus Web site, the stimulus bill spent $185 million to create 310 jobs. That was at a cost of $600,000 per job.
Now, Madam Speaker, what worries me even more than the $1 trillion so-called ``stimulus bill'' is the fact that it continues the process of adding to our national debt at a time when we can least afford it. It is expected that the deficit, in large part due to the waste of money in the stimulus bill, is set to hit a record $1.6 trillion. The U.S. economy is dangerously close to the catastrophic precipice of uncontrollable debt. We must urgently alter Washington's fiscal course before the American middle class, as we know it, is relegated to the history books.
Why do I mention the stimulus and the state of our economy? To point out that, while our economy continues to stumble and to stutter and as jobless claims rise, the majority has decided to pass legislation that would recognize Native Hawaiians as a sovereign governing entity. Now, just 2 months ago, the distinguished Speaker declared that her party should be judged on the issue of ``jobs, jobs, jobs.''
How does the bill before us today have anything to do with job creation?
I understand that this is the last week in Congress for my good friend, one of the most respected Members of this House, Representative Abercrombie. I know I join all Members of the House in thanking him for his great work as a Member of this House and also for his friendship. As I say, I have great respect for him.
Last night, he testified before the Rules Committee about his work on the underlying legislation. He told us that he first began working on this issue when he was in the Hawaii legislature in 1974. It was very clear from his testimony that this is a very important issue for him, and I congratulate him for his hard work.
Yet there is an undeniable issue here that I have made reference to that was pointed out in terms of its importance to the American people by a recent opinion research poll which found that 84 percent of Americans think that Congress has not done enough for the creation of jobs. I think what the majority is doing today will simply reinforce that belief by the American people.
Madam Speaker, I thank the majority for their uncharacteristic generosity in allowing the House to debate both of the Republican amendments submitted to the Rules Committee for consideration. Unfortunately, over a year into this Congress, the purportedly most open and bipartisan Congress in history, the majority has yet to allow even one open rule. That's quite unfortunate, but yet it is business as usual for the majority to continue to claim bipartisanship while working to block full and open debate.
I reserve the balance of my time.
Mr. POLIS. Madam Speaker, again, I would like to establish that there were exactly two amendments proposed to this piece of legislation, both by members of the Republican Party, and both will be allowed for floor consideration under this rule.
With that, I yield 3 minutes to the gentlewoman from Hawaii (Ms. Hirono).
Ms. HIRONO. Thank you very much.
Madam Speaker, I rise today in support of the rule for H.R. 2314, the Native Hawaiian Government Reorganization Act.
I appreciate the leadership of Chairwoman Slaughter, of Congressman Polis and of the work of the Rules Committee in crafting a fair rule. All amendments submitted to the Rules Committee were made in order, including two amendments from the minority.
As coauthor of this bill, I am concerned about the impact and intent of the Hastings and Flake amendments. However, the openness and fairness of the rule is consistent with a bill that has been more than 10 years in the making.
There have been 12 congressional hearings on this bill, five of which were held in Hawaii. It has been marked up by committees in both Chambers. The House passed the bill twice--first in 2000 and again in 2007.
The rule also makes in order the Abercrombie substitute amendment, which reflects a compromise between the Hawaii Congressional Delegation, the State of Hawaii, the Obama administration, Indian Country, and the Native Hawaiian community.
There have been many falsehoods and inaccurate statements made about this bill over the years. One of the many misrepresentations is that this bill is race-based legislation. Native Hawaiians are the native indigenous people of Hawaii. They were in Hawaii as long ago as 300 B.C., long before Captain Cook's so-called ``discovery'' of the Sandwich Isles, as he named this chain of islands.
The U.S. Supreme Court has repeatedly held that legislation enacted to address the special needs and conditions of the native people of the United States does not constitute discrimination on the basis of race or ethnicity.
The sovereign status of Indian tribes recognized by the Constitution was later extended to Alaska natives as indigenous people. On this same basis, Congress has enacted legislation for the aboriginal, indigenous people of Hawaii. The Constitution, including the Indian affairs powers, extends to the original and all subsequently acquired territory of the United States.
For example, in the Louisiana Purchase Treaty of 1803, President Thomas Jefferson bound the United States to honor the treaties between Spain, which held Louisiana prior to France, and Indian tribes until such time as the United States entered into its own treaties with the tribes.
In 1867, in the Treaty of Cession with Russia for what is now the State of Alaska, the United States agreed to pass laws for the benefit of Alaska natives just as it does for natives in the lower 48 States. The Supreme Court ruled in Sandoval v. United States that the Indian affairs power extends to all distinctly native communities within the borders of the United States.
While Congress' authority is not without limit, it clearly can act on behalf of ``distinctly Indian''--which means ``native''--communities. Congress, so long as it is not arbitrary, may rationally act to benefit the native people. Native Hawaiians are distinctly native. They have their own sovereign nation. They have their own language, culture, religion, traditional economy. They are the aboriginal, indigenous people of Hawaii.
I urge my colleagues to support the passage of this rule.
Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I yield back the balance of my time.
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Mr. POLIS. Madam Speaker, for more than 200 years, Congress, the executive branch, and the Supreme Court have recognized certain legal rights and protections for America's indigenous people. It's the moral and legal responsibility of Congress to reaffirm a political relationship with the native peoples of Hawaii, and H.R. 2314 will achieve this purpose.
Madam Speaker, I ask my colleagues to pass this very fair rule that includes both Republican amendments that were filed and to allow for the further consideration of this bill on the floor of the House of Representatives.
Mr. KILDEE. Mr. Speaker, today I rise in strong support of H.R. 2314, the Native Hawaiian Government Reorganization Act of 2009.
I want to thank my dear friend and colleague Congressman Neil Abercrombie of Hawaii who introduced this legislation. As cochair of the Native American Caucus, I have had the privilege of working alongside him over the years to fight for a strong agenda for our Native communities.
I applaud him for his work on this legislation that will finally reaffirm the inherent sovereignty of the Native Hawaiian people. His dedication over the years should be commended and his service and friendship will be greatly missed.
Mr. Speaker, this legislation will once and for all clarify the relationship between Native Hawaiians and the United States Government.
Congress has passed over 150 statutes addressing the needs of Native Hawaiians. In 1993, Congress passed an apology bill acknowledging the role of the Unites States Government in the overthrow of the Hawaiian Nation in 1893. That bill recognized that the Native Hawaiians never directly relinquished their inherent sovereignty.
Mr. Speaker, H.R. 2314, will finally provide for the reorganization of a Native Hawaiian Government and provides for Federal recognition of the Native Hawaiians.
It is long past time that we clarify that status of Native Hawaiians in this country. I strongly urge my colleagues to support this important legislation for Native Hawaiians.
Ms. BORDALLO. Mr. Speaker, I rise in strong support of H.R. 2314, legislation that has been championed by the Senators from the State of Hawaii in the other body and our colleagues in the House of Representatives representing the Aloha State. Those of us who are privileged to serve on the Committee on Natural Resources with our colleague, the distinguished gentleman from Hawaii, Mr. Abercrombie, have witnessed his tireless efforts on behalf of preserving Native Hawaiian culture and in improving the federal relationship with the Native Hawaiian people. His passion and deep resolve on the issues important to his State and our country, as well as working class families, is revered and respected. It is fitting that the House take up this legislation during his final days of service in this Congress, and I want to emphasize on behalf of the people of Guam, who I represent, my support for its swift passage and enactment.
This is an indigenous peoples issue, and the indigenous peoples of the offshore territories are especially sensitive to the situation at-
hand with regard to Native Hawaiians. Our governance system must be devised and shaped to respect their culture and to allow for their needs to be adequately addressed. I ask Members to recall the history of the annexation of their islands under the U.S. Flag and the overthrow of their Kingdom, for which Congress has previously recognized and extended an apology. There are unique historical circumstances which give rise to this debate and to this legislation. We have heard today the passionate and thoughtfully expressed appeals for our favorable action on the question of passage before us. We should be moved not only by the gravity of this debate, but also by the impartial review of the facts before us and because of what this means for our country and our obligations as legislators.
The native people of the Hawaiian Islands deserve no less than our resolve to accord them due legal rights and protections consistent with our national trust and obligation to native peoples of the lands for which the U.S. Flag now flies. Through passage of H.R. 2314 we will affirm a political relationship between our national Government directly with the native people of these beautiful islands. It is a relationship whose formation in the construct proposed by the legislation is entirely fitting and appropriate in the context of case law and precedent. It is merely because of historical circumstances that we are called to action now, 50 years after statehood. I support the substitute amendment, and the purpose of the underlying bill. I wish our colleague, Mr. Abercrombie, the best in all of his future endeavors and thank him for his service in this institution and commend him for his work on this important legislation. I urge passage of H.R. 2314.
Mr. HONDA. Mr. Speaker, I rise today to express my support for H.R. 2314, the Native Hawaiian Government Reorganization Act of 2009. Passage of this legislation is a top priority of the Congressional Asian Pacific American Caucus, which I currently chair.
I commend Representative Neil Abercrombie, sponsor of the bill, and the House Committee on Natural Resources for recognizing the importance of self-determination to the Native Hawaiian people.
In 1893, the monarchy of the Kingdom of Hawai'i was overthrown by agents of the United States. This has created wounds and issues that have never been addressed or resolved. The United States took an important first step in reconciling this part of history by passing a resolution which acknowledged the overthrow of the Kingdom of Hawai'i and offered an apology to Native Hawaiians.
While these are laudable efforts, H.R. 2314 would continue the reconciliation and healing process by providing Native Hawaiians the same right of self governance and self determination that is afforded to other indigenous peoples. Since Hawaii was annexed as a territory, the United States has treated Native Hawaiians in a manner similar to that of American Indians and Alaska Natives. This bill would formalize that relationship and establish parity in federal policies towards all of our indigenous peoples.
I urge all of my colleagues to support H.R. 2314 and afford Native Hawaiians the opportunity for self determination and self governance.
Mr. POLIS. I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Mr. POLIS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adopting House Resolution 1083 will be followed by 5-
minute votes on motions to suspend the rules with regard to:
House Resolution 1066;
House Resolution 1059;
House Resolution 1039; and
House Resolution 1046.
The vote was taken by electronic device, and there were--yeas 238, nays 165, not voting 29, as follows:
[Roll No. 51]
YEAS--238
AbercrombieAckermanAdler (NJ)AltmireArcuriBacaBairdBaldwinBarrowBeanBecerraBerkleyBermanBerryBishop (GA)Bishop (NY)BlumenauerBoccieriBorenBoswellBoucherBoydBrady (PA)Braley (IA)BrightBrown, CorrineButterfieldCaoCapuanoCardozaCarneyCarson (IN)Castor (FL)ChandlerChildersChuClarkeClayCleaverClyburnCohenConnolly (VA)ConyersCooperCostaCourtneyCrowleyCuellarCummingsDahlkemperDavis (AL)Davis (CA)Davis (IL)Davis (TN)DeFazioDeGetteDelahuntDeLauroDicksDingellDoggettDonnelly (IN)DoyleDriehausEdwards (MD)Edwards (TX)EllisonEllsworthEngelEshooEtheridgeFarrFattahFilnerFosterFrank (MA)FudgeGiffordsGonzalezGordon (TN)GraysonGreen, AlGreen, GeneGutierrezHall (NY)HalvorsonHareHarmanHastings (FL)HeinrichHerseth SandlinHigginsHillHincheyHironoHoldenHoltHondaHoyerInsleeIsraelJackson (IL)Jackson Lee (TX)Johnson, E. B.KagenKanjorskiKapturKennedyKildeeKilpatrick (MI)KilroyKindKirkpatrick (AZ)KissellKlein (FL)KosmasKratovilKucinichLangevinLarsen (WA)Larson (CT)Lee (CA)LevinLewis (GA)LipinskiLoebsackLofgren, ZoeLoweyLujanLynchMaffeiMaloneyMarkey (CO)Markey (MA)MarshallMassaMathesonMatsuiMcCarthy (NY)McCollumMcDermottMcGovernMcIntyreMcMahonMcNerneyMeek (FL)Meeks (NY)MelanconMichaudMiller (NC)Miller, GeorgeMitchellMollohanMoore (KS)Moran (VA)Murphy (CT)Murphy (NY)Murphy, PatrickNadler (NY)NapolitanoNeal (MA)NyeOberstarObeyOlverOrtizOwensPallonePascrellPastor (AZ)PerlmutterPerrielloPetersPetersonPingree (ME)Polis (CO)PomeroyPrice (NC)QuigleyRahallRangelReyesRichardsonRodriguezRossRothman (NJ)Roybal-AllardRuppersbergerRushSalazarSanchez, Linda T.Sanchez, LorettaSarbanesSchakowskySchauerSchiffSchraderSchwartzScott (GA)Scott (VA)SerranoSestakShea-PorterShermanSkeltonSlaughterSmith (WA)SnyderSpaceSprattStupakSuttonTannerTaylorTeagueThompson (CA)Thompson (MS)TierneyTitusTonkoTownsTsongasVan HollenVelazquezViscloskyWalzWasserman SchultzWatersWatsonWattWaxmanWeinerWelchWhitfieldWoolseyWuYarmuthYoung (AK)
NAYS--165
AderholtAkinAlexanderAustriaBachmannBachusBartlettBarton (TX)BiggertBilbrayBilirakisBishop (UT)BlackburnBoehnerBonnerBoozmanBoustanyBrady (TX)Broun (GA)Brown (SC)Brown-Waite, GinnyBuchananBurgessBurton (IN)BuyerCalvertCampCampbellCapitoCarterCassidyCastleChaffetzCobleCoffman (CO)ColeConawayCrenshawDavis (KY)Deal (GA)DentDiaz-Balart, L.Diaz-Balart, M.DreierDuncanEhlersEmersonFallinFlakeFlemingForbesFortenberryFoxxFranks (AZ)FrelinghuysenGalleglyGarrett (NJ)GerlachGingrey (GA)GohmertGoodlatteGrangerGravesGriffithGuthrieHall (TX)HarperHastings (WA)HellerHensarlingHergerHimesHunterInglisIssaJenkinsJohnson (IL)Johnson, SamJonesJordan (OH)King (IA)King (NY)KingstonKirkKline (MN)LambornLanceLathamLaTouretteLattaLee (NY)Lewis (CA)LinderLoBiondoLucasLuetkemeyerLummisLungren, Daniel E.ManzulloMarchantMcCarthy (CA)McCaulMcClintockMcCotterMcHenryMcKeonMcMorris RodgersMicaMiller (FL)Miller (MI)Miller, GaryMinnickMurphy, TimMyrickNeugebauerNunesOlsonPaulPaulsenPencePetriPittsPlattsPoe (TX)PoseyPutnamRehbergRoe (TN)Rogers (AL)Rogers (KY)Rogers (MI)RohrabacherRooneyRoskamRoyceRyan (WI)ScaliseSchmidtSchockSensenbrennerSessionsShadeggShimkusShulerShusterSimpsonSmith (NE)Smith (NJ)Smith (TX)SouderStearnsSullivanTerryThompson (PA)ThornberryTiahrtTiberiTurnerUptonWaldenWestmorelandWilson (SC)WittmanWolfYoung (FL)
NOT VOTING--29
AndrewsBarrett (SC)BluntBono MackCantorCappsCarnahanCostelloCulbersonGaramendiGrijalvaHinojosaHodesHoekstraJohnson (GA)MackMoore (WI)Moran (KS)PaynePrice (GA)RadanovichReichertRos-LehtinenRyan (OH)SiresSpeierStarkWampWilson (OH)
{time} 1657
Messrs. WILSON of South Carolina, SMITH of Nebraska, and NUNES changed their vote from ``yea'' to ``nay.''
Mr. HEINRICH changed his vote from ``nay'' to ``yea.''
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
