S5554 CONGRESSIONAL RECORD — SENATE June 7, 2006 burden on folks who only have earned colleagues will join me in opposing this of minorities and the underprivileged, income—and generally not enough of legislation. has publicly opposed this legislation. it. f Here is what the Commission on Civil I would remind my colleagues on the Rights said: NATIVE HAWAIIAN GOVERNMENT other side of the aisle that the impact The Commission recommends against pas- of deficit spending is immense and one REORGANIZATION ACT OF 2005— sage of the Native Hawaiian Government Re- that will be borne not only by us in the MOTION TO PROCEED organization Act of 2005 as reported out of coming years but by future generations The PRESIDING OFFICER. Under committee on May 16, 2005, or any other leg- who have no say in our current finan- the previous order, the hour of 3 p.m. islation that would discriminate on the basis cial irresponsibility. Since this admin- of race or national origin and further sub- having arrived, the Senate will proceed divide the American people into discrete sub- istration took over and Congress has to consideration of the motion to pro- groups, accorded varying degrees of privi- been controlled solely by one party, we ceed to S. 147, which the clerk will re- lege. have seen our Nation’s economic secu- port. So this bill undermines our unity. It rity drop precipitously. In order to pay The assistant legislative clerk read would undermine our history of being a for unaffordable tax cuts, we have be- as follows: Nation based not upon race but upon come a beggar nation, forced to go to Motion to proceed to S. 147, a bill to ex- common values of liberty, equal oppor- foreign countries with our hat in hand press the policy of the United States regard- tunity, and democracy. asking them to buy our debt. Many of ing the United States relationship with Na- We have had many great accomplish- these countries, such as China and tive Hawaiians and to provide a process for ments in our country. Our diversity is Japan, are the very same countries the recognition by the United States of the Native Hawaiian governing entity. a magnificent accomplishment. But that are becoming more and more com- the greater accomplishment, greater petitive with our Nation for high-tech The PRESIDING OFFICER. Under even than our diversity, is our ability and higher salaried jobs—a fact that is the previous order, the time from 3 to unite all of that diversity into one not unrelated. As interest rates con- p.m. until 6 p.m. shall be divided for de- Nation. We should be going in that di- tinue to rise to combat inflationary bate as follows: 3 to 3:30, majority con- rection and not in the opposite direc- pressures, it is costing this Govern- trol; 3:30 to 4, minority control, alter- tion. ment more and more to sell our debt to nating between the two sides every 30 Our Constitution guarantees equal our foreign competitors. At the same minutes until 6 p.m. opportunity without regard to race. time, we are facing demand pressures The Senator from Tennessee is recog- This legislation does the opposite. to offer a higher rate of return to at- nized. Those who favor this bill like to de- tract these wary investors, as they Mr. ALEXANDER. Mr. President, one scribe a bill that is not the bill I have gradually accumulate more of our debt of the parliamentary mysteries of the read. Those who favor the bill say it is than most economic models would in- Senate is that we are now about to not about sovereignty, it is not about dicate is prudent. The only prudent move, as was reported, to the Native land and money, it is not about race, it course of action would be to tighten Hawaiian Government Reorganization is what we did once in Alaska and that our belts and balance our budget there- Act. Some might wonder why. I was the Native Hawaiians would be just an- by returning control of our economic presiding, as the Senator from Min- other Indian tribe. It is a nice bill, they prosperity to us instead of leaving it in nesota is now, earlier in the week. I say. It is sponsored by the two Sen- the hands of our foreign competitors. heard an eloquent speech by a Senator ators from the State of Hawaii, whom But instead of coming up with rational from the other side of the aisle, the we all greatly respect and admire, so, tax policy that rewards the majority of Senator from Vermont, who said we they say, let’s just pass it. Americans who work for a living, we ought to ‘‘focus on solutions to the Let me address each of those claims are foisting on these families the delu- high [gasoline] prices, something that one by one—sovereignty, to begin with. sion that estate tax relief benefits hurts people in your state and mine, Those who favor the bill say this is not them and handing out further tax cuts the rising cost of health care . . . the about sovereignty. After all, they to those who have seen their wealth ongoing situation in Iraq. . . . We’re argue, the new government that would grow at historic rates in the past sev- not going to talk about any of those be set up would be subject to the ap- eral years. things,’’ said the Senator from proval of those who are ‘‘Native Hawai- Mr. President, we owe it to our chil- Vermont, from the other side of the ians,’’ and it would have to be approved dren and grandchildren to provide aisle. by the U.S. Secretary of the Interior. them with the opportunities we inher- Yet as a result of efforts there, on But the bill expressly states in section ited from our parents. The real ‘‘death that side of the aisle, we are now mov- 4(b) that its purpose is to establish a tax’’ is the one we are leaving for our ing ahead to the Native Hawaiian Gov- ‘‘political and legal relationship be- children to pay when we are gone. With ernment Reorganization Act, S. 147. tween the United States and the Native the passage of the Deficit Reduction The legislation may seem insignifi- Hawaiian governing entity for the pur- Act in 1993, we were able to correct cant, but I am here today to say that, poses of continuing a government-to- years of irresponsible tax policy and in this seemingly insignificant piece of government relationship.’’ head our Nation back in the right di- legislation, is an assault on one of the A government-to-government rela- rection. By maintaining fiscal dis- most important values in our country. tionship—such as a government rela- cipline, we were able to have our first It is a value so important that it is tionship between the United States and surplus in decades. It is shameful that carved in stone above the Chair of the France or England or Germany or any we are considering legislation today Presiding Officer. It is our original na- other country. That sounds like a sov- that, in many senses, is the final nail tional motto: E Pluribus Unum, one ereign government to me. in the coffin of fiscal responsibility by from many. This bill is an assault on That’s not the end of it. In an inter- providing additional tax cuts to the that principle because it would, for the view on National Public Radio on Au- richest in our Nation to the detriment first time in our country’s history, so gust 16 last year, the Senator from Ha- of hard-working American families. far as my research shows, create a new, waii, who is the sponsor of this bill, This is not the act of a Government separate, sovereign government within was asked if this could lead to seces- that is supposed to represent all of the our country, based on race, putting us sion of the State of Hawaii from the people in our Nation—a nation that on the path of becoming more of a United States. The NPR reporter stat- was founded on the belief that the op- United Nations than a United States of ed, ‘‘But [Senator AKAKA] says this portunity for prosperity is to be shared America. It will set a precedent for the sovereignty could even go further, per- by everyone. This legislation is an- breakup of our country along racial haps even leading to independence.’’ other step toward creating an America lines, and it ought to be soundly de- And the Senator from Hawaii re- that I was not elected to represent by feated. sponded, ‘‘That could be. As far as what my fellow New Mexicans—the vast ma- No one has to take my word for this. is going to happen at the other end, I’m jority of whom earn their living by The U.S. Commission on Civil Rights, a leaving it up to my grandchildren and going to work every day. I hope my body established to protect the rights my great-grandchildren.’’

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.023 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5555 The office of Hawaiian Affairs, an of- all of that $3 billion would be given to is in our law. But so far as I can tell, fice of the Government of the State of this so-called tribe. The bill expressly we have never created an Indian tribe, Hawaii at one time said on its Web site allows the transfer of land and assets, and the State of Hawaii itself recog- that under this bill: so this is a serious question. nized before the Supreme Court that The Native Hawaiian people may exercise Then the last two arguments the pro- its native peoples are not a tribe. their right to self-determination by selecting ponents make. They say that this is To pass this legislation would be a another form of government, including free similar to what we did for the Alaska dangerous precedent. It wouldn’t be association or total independence. Natives. But there are some profound much different than if American citi- Total independence, Mr. President. differences between Alaska and Hawaii. zens who were descended from His- This bill clearly allows for the estab- First, the history is different. When panics who lived in Texas before it be- lishment of a new, sovereign govern- the United States acquired Alaska came a Republic in 1836 created their ment within the United States of from Russia, the treaty stipulated we own tribes based on claims these lands America. I have not found another ex- needed to deal with the Alaska Na- were improperly seized from Mexico or ample of that in our history. tives. And when Alaska became a it could open the door to religious No. 2, those who favor the bill say State, we included in the law that groups such as the Amish or Hasidic this is not about race. But the bill Alaska Natives would have a special Jews who might seek tribal status to itself says something else. It says that status. That is not true for Native Ha- avoid the constraints of the establish- anyone ‘‘who is a direct lineal descend- waiians. They have always been part of ment clause of the Constitution. If we ant of the aboriginal, indigenous native the State and lived under its jurisdic- start down this path, the end may be people’’ of Hawaii is eligible to partici- tion. the disintegration of the United States pate in creating this new sovereign Second, the provisions in S. 147 for into ethnic enclaves. government. By this definition, anyone the recognition of a native government Hawaiians are Americans. They be- who may have had a seventh-genera- are different from those for Alaska Na- came U.S. citizens in 1900. They have tion Native ancestor, making him 1/256 tives. Alaska Natives were recognized saluted the American flag, paid Amer- Native Hawaiian, can qualify. They do to form corporations and other local ican taxes, fought in American wars. not need to have been part of a Native forms of government, based largely on The distinguished Senator from Hawaii Hawaiian community at any point dur- the village communities in which they has won the Congressional Medal of ing their lifetime. They don’t even lived. Most Native Hawaiians don’t live Honor fighting in American wars. need to have lived in Hawaii. In fact, of in separate villages or communities in In 1959, 94 percent of Hawaiians re- the 400,000 Americans of Native Hawai- Hawaii and elsewhere in the United affirmed that commitment to become ian descent in the United States, ap- States. They are everyone’s next-door Americans by voting to become a proximately 160,000 don’t even live in neighbor. Of the 240,000 Native Hawai- State. Similar to citizens of every Hawaii. They live all over the United ians living in Hawaii, the U.S. Census other State, they vote in national elec- States of America. But they all would reports that less than 20,000 live on tions. be eligible to be part of this new sov- ‘‘Hawaiian homelands.’’ The rest are Becoming an American has always ereign government under the bill. mixed with the States’ population. meant giving up allegiance to your pre- So eligibility to participate in this Finally, there is another argument vious country and pledging allegiance new government is not based on where that those who support this bill make. to your new country, the United States you live. It is not based on being part They say: We are just recognizing an- of America. of a specific community. It is based on other Indian tribe. This puts Native This goes all the way back to Valley your ancestry. That is why the U.S. Hawaiians on an equal footing with Forge when George Washington himself Commission on Civil Rights has spe- other Native American groups. signed such an oath, and his officers cifically said the bill ‘‘would discrimi- That is their argument. But U.S. law did as well. nate on the basis of race or national or- has specific requirements for recogni- Today, in this year, more than 500,000 igin.’’ tion of an Indian tribe. A tribe must new citizens will take that oath where No. 3, land and money. Those who have operated as a sovereign for the they renounce their allegiance to favor the bill say it is not about land last 100 years, must be a separate and where they came from, not because and money, but the bill says something distinct community, and must have they are not proud of it but because else. My staff counted 35 references to had a preexisting political organiza- they are prouder to be an American. ‘‘land’’ or ‘‘lands’’ in the text of the tion. That is what the law says. Native And they know if we are going to be bill, and in section 8 of the bill it spe- Hawaiians do not meet those require- one Nation in this land of immigrants, cifically delegates to this new race- ments. they must become Americans. based government the authority to ne- In fact, in 1998 the State of Hawaii All around the world, countries are gotiate for: acknowledged this in a Supreme Court struggling with how to integrate and brief in the case of Rice v. Cayetano, (A) the transfer of lands, natural resources, assimilate into their societies people and other assets, and the protection of exist- saying, ‘‘the tribal concept simply has from other countries: Muslims in Eu- ing rights related to such lands or resources; no place in the context of Hawaiian rope, specifically in those countries, (B) the exercise of governmental authority history.’’ It would be difficult to argue Turks in Germany, Great Britain, over any transferred lands, natural re- that Hawaii was not well represented France, and Italy—all are struggling sources, and any other assets, including land in that debate because the current with this. They are envious of our two use. Chief Justice of the U.S. Supreme centuries of history of helping people So the bill says this is about land and Court, Justice Roberts, was the lawyer from all countries come here, learn a ‘‘other assets.’’ It is not surprising. Ac- for the State of Hawaii in this argu- common language, understand a few cording to an Associated Press article ment before the Supreme Court and principles, and become Americans. from April 14 of last year on this bill, they said, ‘‘the tribal concept simply They are proud of where we came from, ‘‘there is a general belief the Depart- has no place in the context of Hawaiian prouder of who we are. ment of Hawaiian Home Lands would history.’’ This goes in exactly the opposite di- be folded into this new native govern- If the bill establishing a Native Ha- rection. This may seem like an insig- ment. According to that department’s waiian government would pass, it nificant piece of legislation, but within Web site, ‘‘Approximately 200,000 acres would have the dubious honor to be the it is embedded an assault on one of the of homestead lands are provided for the first to create a separate nation within most important fundamental values in Hawaiian Home Lands program.’’ That the United States. While Congress has our country: the value that is ex- is from the Associated Press. recognized preexisting American In- pressed and carved right there, ‘‘E According to the Wall Street Jour- dian tribes before, it has never created Pluribus Unum,’’ one from many. nal, the state’s Office of Hawaiian Af- one. That is the difference. Of course, This legislation would undermine our fairs controls a trust fund worth $3 bil- we have recognized preexisting Amer- national unity by treating Americans lion for the benefit of Native Hawai- ican Indian tribes who meet a very spe- differently based on race. It would ians. One has to ask whether some or cific definition of what an Indian tribe begin to destroy what is most unique

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.066 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5556 CONGRESSIONAL RECORD — SENATE June 7, 2006 about our country. It would begin to Native Hawaiians, those eligible to par- person is subject to any law, regula- make us more of a ‘‘united nations’’ in- ticipate in the creation of this govern- tion, tax, or other liability if any per- stead of the United States of America. ment, are defined ‘‘as an individual son is exempted on the basis of race or I hope the Senate heeds the advice of who is one of the indigenous, native ancestry. And it will guarantee fair- the U.S. Commission on Civil Rights peoples of Hawaii and who is a direct ness and equal treatment. It will not and defeats this legislation, legislation lineal descendent of the aboriginal, in- leave these matters up to future ‘‘nego- which the commission said ‘‘would dis- digenous, native people in the Hawai- tiations.’’ criminate on the basis of race or na- ian islands on or before January 1, 1893, This civil rights amendment deserves tional origin and further subdivide the and exercised sovereignty there, or a a vote, and it will get one. American people into discrete sub- person who descends from one who was The New York Times editorialized groups accorded varying degrees of one-half Native Hawaiian in 1921.’’ today that the bill does not ‘‘supersede privilege’’ and create a new, separate, What is that test? It is a racial test. the Constitution.’’ I disagree, but we race-based government for those of Na- As the Supreme Court emphasized, an- can resolve this. tive Hawaiian descent. cestry is a proxy for race. So let’s vote and not leave it up to I have tried in my remarks to show Some advocates insist that it is not a chance. Let’s adopt my amendment that this bill is about sovereignty, that race-based government, no matter and guarantee civil rights and equal it is about land and money, that it is what the actual language of the bill treatment. about race, that it is not like what we says. Again, I have shared the drafts of did for Alaskans, that the Native Ha- So we will offer an amendment to put this amendment with the sponsors of waiians would not just be another In- this question to the Senate. the bill who said they oppose it. Per- dian tribe. We don’t create new tribes The amendment will say that this haps they will reconsider, but the Sen- in our country. We recognize pre- new government will not have any gov- ate will have an opportunity to vote on existing ones, and we have very specific ernmental powers if membership in the this amendment. provisions in the law about how we do entity is in any way determined by Third, there is a dispute over wheth- that. race or ancestry. The Senate will have er the people of Hawaii, who are most The question before us is about what a straightforward up-or-down vote on personally affected by this legislation, it means to become an American. And whether it supports or rejects the prin- actually want this bill. The sponsors this bill is the reverse of what it means ciple of race-based government. If I am say yes, and point to opinion polls that to be an American. Instead of making wrong and the bill’s text is wrong, and speak vaguely of ‘‘recognizing’’ Native us one Nation, indivisible, it divides us. this isn’t about race, then that amend- Hawaiians. I can point to alternative Instead of guaranteeing rights without ment will surely pass overwhelmingly. polls which show strong majorities op- regard to race, it makes them depend When I discussed this amendment posed when the citizens understand solely upon race. Instead of becoming with the bill’s sponsors in the past, that with recognition comes the poten- one from many, we would become they have said they would strongly op- tial for unequal treatment. Do the Ha- many from one. pose it. So we will let the Senate vote waiian people want this? We know I yield the floor. directly and resolve the issue. All Sen- much of the political establishment I suggest the absence of a quorum. ators should look forward to a vote on does. But what about the citizens? I am The PRESIDING OFFICER. The whether they support race-based gov- concerned that this bill will divide Ha- clerk will call the roll. ernment. waii and encourage racial division The bill clerk proceeded to call the Second, we will have to decide wheth- there and elsewhere. roll. er the Constitution and basic civil Indeed, as the U.S. Commission on Mr. KYL. Mr. President, I ask unani- rights are to be left to a negotiation Civil Rights noted in its report, if you mous consent that the order for the process after the bill’s passage. listen to the citizens of Hawaii rather quorum call be dispensed with. As I have explained previously, this than just their political leaders, it is The PRESIDING OFFICER. Without bill would allow the creation of a gov- clear that this legislation has already objection, it is so ordered. ernment not subject to the Constitu- divided that State. Why would the Sen- Mr. KYL. Mr. President, I rise today tion and Bill of Rights. It could also be ate want to impose a divisive result in strong opposition to the Akaka bill. immune from the Civil Rights Act, the upon the State of Hawaii without giv- If cloture is invoked on that bill, there Americans with Disabilities Act, the ing Senators a voice? is a process by which we will debate Age Discrimination in Employment So one of my colleagues will offer an and amend the bill. Act, and all other State and Federal amendment that will give us the an- I would like to discuss with my col- civil rights laws. It would authorize swer to the question. It will simply re- leagues today some of the infirmities creation of an enclave where Native quire that all citizens of Hawaii have a with the bill that we would hope to ad- Hawaiians would be subject to a dif- voice by requiring a statewide ref- dress through the amendment process. ferent set of legal codes, taxes, and reg- erendum once the negotiations are There is no way to sugarcoat this bill. ulations. complete. This bill proposes that the Federal Proponents deny this. They say it is The Senate should not be passing on Government establish a racial test for preposterous to say that civil rights the question of what is good for Hawaii Americans who want to participate in won’t be protected. They say the bill when we have evidence of such divi- the creation of a new government—a won’t result in unequal tax and legal sion. government that will gain, according systems in Hawaii. They say basic fair- Again, I have floated this idea by the to section 8 of this legislation, lands ness would be preserved. But then they bill’s sponsors, and they have opposed a and natural resources, civil and crimi- say just how this happens is entirely up referendum requirement. But why nal jurisdiction, and governmental au- to subsequent negotiations between the would they not want to ensure that the thority and powers. It is unconstitu- Native Hawaiian entity and State and people of Hawaii have a direct voice in tional, it offends basic notions of Federal bureaucrats. approving or rejecting the final prod- American values, and it should be re- Obviously, basic civil rights should uct of the negotiations called for in the jected. not be up for negotiation. So we will bill? I would like to spend a few minutes offer an amendment to clear this up. So we will have an amendment. The talking about an amendment that we My civil rights amendment will apply Senate can decide if the people of Ha- would be voting on should this bill be the entire Bill of Rights to the new waii should be denied their opportunity brought forward. government. It will apply all Federal to speak. First, keep in mind that we are going antidiscrimination laws. It will ensure As I have said in the past, I will sup- to have to decide once and for all if we that the new government doesn’t have port a cloture vote and will support the believe in racial tests and race-based any special immunities from lawsuits Senate having an opportunity to de- government. Government anticipated under those laws. bate and vote on amendments to this by this bill is created through a racial It will prevent the creation of any ra- bill. But should cloture be accepted and test. Read section 3, subparagraph 10: cially defined liabilities, so that no the Senate get on this bill, I have also

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.069 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5557 noted I strongly oppose it and will offer nous people to Hawaii, who had a gov- Senator AKAKA requested floor time amendments to try to ensure the result ernment, who had a structure. The for this bill 1 year ago. His request was of the bill is most fair to the people of head of that government was sum- not granted because we were compelled Hawaii. That I will most surely do. marily arrested and a new government to address other imminent concerns re- I look forward to that debate. I look was created in Hawaii. That new gov- lating to hurricane relief and other forward to the debate and amendments ernment apparently was a government matters at that time that were urgent. that will be offered as a result. that would meet at the pleasure of Bills on this issue have been intro- I yield the floor. those who engineered the arrest of the duced since the 106th Congress. None The PRESIDING OFFICER. At this queen. have received time for floor debate. time, the hour of 3:30 having arrived, Today, after many decades raising Fairness, I believe, now requires this the next 30 minutes is under the con- questions, should there not be an op- Congress to offer this bill in the Senate trol of the minority. portunity for Native Hawaiians, very for full debate. The Senator from North Dakota. much as there has been an opportunity Let me finally say this. I know of no Mr. DORGAN. Mr. President, I ex- in our country in what is called the two Members of the Senate who have pected my colleague from Arizona lower 48 for Indian tribes to seek reor- worked harder, with greater deter- would speak on the estate tax. He, in ganization, to seek reorganization— mination to advance the cause in their fact, spoke about the subject which we there should be some opportunity State that has broad bipartisan sup- will now spend the next 30 minutes on, along the way for there to be a Native port in their State on behalf of Native on this side, the Native Hawaiian Gov- Hawaiian Government Reorganization Hawaiians, a right that is already af- ernment Reorganization Act. He raises Act. The reason this is a ‘‘reorganiza- forded to many other aboriginal and in- some questions, and my expectation is tion’’ is because that government ex- digenous peoples around the United that debate and discussion about this isted. This is not the creation of a new States that has not been afforded to proposal will promote some rather ag- government. This is a government that those Native Hawaiians. I know of no gressive discussion in the Senate. That previously existed, but many decades one in this Senate who has worked is fine. It is nice at this point that ago was essentially dissolved or de- harder for an important issue of pas- after all these many years we are de- stroyed as a governing unit by the ac- sion in their hearts than Senator bating this issue. tions I previously described. AKAKA and Senator INOUYE. I am very I will give a little bit of the history My colleagues have come to the Con- pleased that the Senate Committee on as vice chairman of the Committee on gress from the State of Hawaii and Indian Affairs was able to pass this leg- Indian Affairs. That committee is the have asked that a bill authorizing the islation and bring it to the Senate committee that brought this legisla- reorganization of a Native Hawaiian today. tion to the Senate. The action was bi- governing entity that could negotiate partisan. We have decided this is a wor- I yield the floor. agreements with the United States and The PRESIDING OFFICER. The Sen- thy piece of legislation. I support it. the State of Hawaii to address a good The committee supports it. That is the ator from Hawaii. number of issues relating to self-deter- Mr. AKAKA. Mr. President, today I basis on which it is in the Senate now. mination and self-governance of the discuss legislation that is critically I don’t know the history nearly as Native Hawaiians be brought to the well as my colleagues, Senator AKAKA important to the people of Hawaii, all Senate and be considered and debated. the people of Hawaii, the Native Ha- and Senator INOUYE, but let me de- That is the basis on which it is here scribe a little of the history, if I might. waiian Government Reorganization today. Act of 2005. While I am pleased to see I know a bit of this because I represent Upon introduction last year by my this bill finally come to the Senate a State in which we have numerous In- colleagues from Hawaii, this bill was floor after 6 long years, I remain per- dian tribes. Those are the first Ameri- referred to the Committee on Indian plexed by the constant barrage of mis- cans. Those are the folks who were Affairs. We held a hearing on the bill, information that has been provided by there before my ancestors showed up. received testimony that demonstrated They owned the land. They farmed broad bipartisan support, strong sup- opponents to this legislation. Tomorrow we will be voting on a mo- along the Missouri River. I understand port for this bill in Hawaii and also in tion to invoke cloture on the motion to something about Indian tribes, tribal Indian country around America. governments and self-determination. I We heard from Governor Lingle from proceed to S. 147, the Native Hawaiian understand that because I work in that the State of Hawaii about the impor- Government Reorganization Act of area a lot with the Indian tribes from tance of this bill to the people and to 2005. I ask all of my colleagues, to let my State. the economy of Hawaii. We heard from this bill come to the floor for a de- Let me describe the issue of aborigi- Native Hawaiians about the signifi- bate—whether you are for or against it. nal and indigenous peoples in the cance of this bill on all aspects of Na- At the minimum, we should be allowed United States, and especially in Ha- tive Hawaiian life. We heard from the to discuss what this bill is really waii, from the small amount of history National Congress of American Indians about. that I know. Again, the rich history about its long-standing support for Na- I also want to alert my colleagues to here will be better recited by my col- tive Hawaiians to be formally afforded the fact that a new substitute amend- leagues, Senator INOUYE and Senator the right to self-determination. This ment has been drafted which incor- AKAKA. bill does not by itself do that. It estab- porates legislative language negotiated January 16, 1893—that is a long, long lishes the process for a reorganization between Senator INOUYE and myself time ago—the United States Minister in order to create that structure. and officials from the Executive John Stevens, who served, then, as Am- There has been back and forth be- Branch to address policy concerns re- bassador to the court of Queen tween interested parties on this bill. garding the liability of the United Liliuokalani, directed a marine com- There are some who have concerns and States in land claims, the impact of pany onboard the USS Boston to arrest questions about it. Significant efforts, the bill on military readiness, gaming, and detain the queen. This is the queen I know, have been spent by my two col- and civil and criminal jurisdiction in that served the indigenous people in leagues, Senator AKAKA and Senator Hawaii. While I realize that we will not Hawaii. She was arrested. She was INOUYE, to address concerns relating to consider the substitute amendment placed under arrest for 9 months at the jurisdiction, claims and gaming issues. until we get to the actual consider- palace. I believe these concerns in almost all ation of the bill, I share this with my That event was engineered and or- cases have been adequately resolved. colleagues so that they know that our chestrated by the Committee of Public Even more importantly, I believe the negotiations with the administration Safety which I understand consisted of Members of the Senate, finally, deserve have been successful in addressing Hawaii’s non-native Hawaii business- the opportunity, and my two col- their concerns and adhering to the in- men, with the approval of Minister Ste- leagues from Hawaii deserve the oppor- tent and purpose of this bill. vens. tunity, to have this legislation before This bill is about process and fair- So we have a people in Hawaii who the Senate open for discussion and ness. Hawaii’s indigenous peoples, Na- were the first Hawaiians, the indige- open for debate. tive Hawaiians, have been recognized

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.073 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5558 CONGRESSIONAL RECORD — SENATE June 7, 2006 as indigenous peoples by Congress we all share a common respect and de- Improvement Act, the Native Hawaiian through the one hundred sixty-plus sire to preserve the culture and tradi- Education Act, and the Native Hawai- statutes we have enacted for Native tion of Hawaii’s indigenous peoples, ian Home Ownership Act. The pro- Hawaiians. Congress has historically Native Hawaiians. grams that have been established are treated Native Hawaiians, for more Despite this perceived harmony, administered by federal agencies such than a hundred years, in a manner there are issues stemming from the as the Departments of Health and similar to American Indians and Alas- overthrow that we have not addressed Human Services, Education, Housing ka Natives. What our bill does is to au- due to apprehension over the emotions and Urban Development, and Labor. As thorize a process so that the federal that arise when these matters are dis- you can imagine, these programs go a policy of self-governance and self-de- cussed. I have mentioned this to my long way to benefit Native Hawaiians, termination, a policy formally ex- colleagues previously, but it bears re- but they also serve as an important tended to American Indians and Alaska peating that there has been no struc- source of employment and income for Natives, can be extended to Native Ha- tured process. Instead, there has been many, many people in Hawaii, includ- waiians, thereby creating parity in the fear as to what the discussion would ing many non-Native Hawaiians. There way the United States treats its indig- entail, causing people to avoid the are many Hawaii residents whose live- enous peoples. issues. Such behavior has led to high lihoods depend on the continuation of We have bipartisan support for the levels of anger and frustration as well these programs and services. enactment of this bill. I extend my as misunderstandings between Native While I took the time a few weeks deep appreciation to the cosponsors of Hawaiians and non-Native Hawaiians. ago to talk about Hawaii’s history, I this legislation, Senators CANTWELL, As a young child, I was discouraged want to spend the next few moments COLEMAN, DODD, DORGAN, GRAHAM, from speaking Hawaiian because I was discussing that history once again. INOUYE, MURKOWSKI, SMITH, and STE- told that it would not allow me to suc- This is very important to understand VENS, for their unwavering support of ceed in the Western world. My parents the context of what we are trying to our efforts. lived through the overthrow and en- accomplish with this bill. I especially want to recognize Ha- dured the aftermath as a time when all waii’s Governor, Linda Lingle, who things Hawaiian, including language, The year 1778 marks the year of first serves as the first Republican governor which they both spoke fluently, hula, contact between the Western world and in Hawaii in 40 years. Despite our polit- custom, and tradition, were viewed as the people of Hawaii. That year, Cap- ical differences, Governor Lingle and negative. I, therefore, was discouraged tain James Cook landed in Hawaii. her cabinet, primarily Attorney Gen- from speaking the language and prac- Prior to Western contact, Native Ha- eral Mark Bennett and Hawaiian ticing Hawaiian customs and tradi- waiians lived in an advanced society Homes Commission Chairman Micah tions. I was the youngest of eight chil- that was steeped in science. Native Ha- Kane, have worked tirelessly with us dren. I remember as a young child waiians honored their land (aina) and for the past 4 years in an effort to sneaking to listen to my parents so environment, and therefore developed enact this bill for the people of Hawaii. that I could maintain my ability to un- methods of irrigation, agriculture, In Hawaii, support for the preserva- derstand the Hawaiian language. My aquaculture, navigation, medicine, tion and culture of Hawaii’s indigenous experience mirrors that of my genera- fishing and other forms of subsistence peoples is a nonpartisan issue. In Ha- tion of Hawaiians. whereby the land and sea were effi- waii, diversity is precious. The more While my generation learned to ac- ciently used without waste or damage. we understand our culture, traditions, cept what was ingrained into us by our Respect for the environment and for and heritage, the more we can con- parents, my children have had the ad- others formed the basis of their culture tribute to the fabric of society that has vantage of growing up during the Ha- and tradition. become the local culture in Hawaii. waiian renaissance, a period of revival Society was structured. Chief, alii, While my opponents see diversity as a for Hawaiian language, custom, and ruled each of the islands. Land was di- threat, the people of Hawaii embrace tradition. Benefiting from this revival vided into ahupuaa, triangular-shaped diversity and celebrate it as a means of is the generation of my grandchildren land divisions which stretched from the understanding the foundations upon who can speak Hawaiian and know so mountain to the ocean. Each ahupuaa which our local culture, the culture much more about our history. controlled by a lower-chief. The lands that brings us all together, is based. It is this generation, however, that is were worked on by the commoners, re- Let me be the first to say that the growing impatient with the lack of ferred to as makaainana. There was an people of Hawaii, including Hawaii’s progress in efforts to resolve long- incentive for the chiefs to treat the indigenous peoples, are proud to be standing issues. It is this generation makaainana well as they could always Americans. The many Native Hawai- that does not understand why we have move to another ahupuaa and work for ians in the National Guard who were not resolved these matters. It is for another chief. away from their families for eighteen this generation that I have written this The immediate and brutal decline of months, serving in Operation Iraqi bill to ensure that we have a way to ad- the Native Hawaiian population was Freedom, are proud to be American. In dress these emotional issues. the most obvious result of contact with fact, it is a well-documented fact that There are those who have tried to say the West. Between Cook’s arrival and native peoples have the highest per that my bill will divide the people of 1820, disease, famine, and war killed capita rate of serving in our military Hawaii. My bill goes a long way to more than half of the Native Hawaiian to defend our country. It is absolutely unite the people of Hawaii by providing population. By 1866, only 57,000 Native offensive to read opponents’ mischar- a structured process to deal with issues Hawaiians remained from the basically acterization of this bill as an effort to that have plagued us since 1893. stable pre–1778 population of at least secede from the United States or to This bill is also important to the peo- 300,000. The result was a rending of the question the right of Hawaii’s indige- ple of Hawaii because it affirms the social fabric. nous peoples to have a mechanism of dealings of Congress with Native Ha- self-governance and self-determination waiians since Hawaii’s annexation in This devastating population loss was within the framework of Federal law. 1898. Congress has always treated Na- accompanied by cultural, economic, This bill is of significant importance tive Hawaiians as Hawaii’s indigenous and psychological destruction. Western to the people of Hawaii. It is signifi- peoples, and therefore, as indigenous sailors, merchants, and traders did not cant because it provides a process, a peoples of the United States. Federal respect Hawaiian kapu, taboos, or reli- structured process, for the people of policies towards Native Hawaiians have gion and were beyond the reach of the Hawaii to finally address longstanding largely mirrored those pertaining to priests. The chiefs began to imitate the issues resulting from a dark period in American Indian and Alaska Natives. foreigners whose ships and arms were Hawaii’s history, the overthrow of the Again, let me reiterate, Congress has so superior to their own. Kingdom of Hawaii. The people of Ha- enacted over 160 statutes to address the By the middle of the 19th Century, waii are multicultural and we cele- conditions of Native Hawaiians includ- the islands’ small non-native popu- brate our diversity. At the same time, ing the Native Hawaiian Health Care lation had come to wield an influence

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.024 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5559 far in excess of its size. These influen- property the right to vote for members Hawaiians, and for many Hawaiians tial Westerners sought to limit the ab- of the House of Nobles. The representa- today, it is understood that all fortune solute power of the Hawaiian king over tives of propertied Westerners took comes from the aina, or land. There- their legal rights and to implement control of the legislature. This is the fore, it was important to cultivate and property law so that they could accu- constitution that the opponents to the protect the aina and its resources, but mulate and control land. As a result of bill have characterized as bringing de- the concept of owning it was inconceiv- foreign pressure, these goals were mocracy to Hawaii. able. Ancient Hawaiian society was achieved. A suspected native revolt in favor of based on sharing—everyone cultivated, The mutual interests of Americans the King’s younger sister, Princess everyone protected, everyone reaped living in Hawaii and the United States Liliuokalani, and a new constitution the benefits. became increasingly clear as the 19th were quelled when the American min- From the time of annexation until Century progressed. American mer- ister summoned United States Marines present day, as I noted previously in chants and planters in Hawaii wanted from an American warship off Hono- my statement, Congress has treated access to mainland markets and pro- lulu. Westerners remained firmly in Native Hawaiians in a manner similar tection from European and Asian domi- control of the government until the to that of American Indians and Alas- nation. The United States developed a death of the King in 1891, when Queen ka Natives. Federal policies towards military and economic interest in plac- Liliuokalani came to power. Native Hawaiians have always par- ing Hawaii within its sphere of influ- On January 14, 1893, the Queen was alleled policies towards American Indi- ence. In 1826, the United States and Ha- prepared to promulgate a new constitu- ans and Alaska Natives. As early as waii entered into the first of the four tion, restoring the sovereign’s control 1910, Congress included Native Hawai- treaties the two nations signed during over the House of Nobles and limiting ians in appropriating funds to study the 19th Century. the franchise to Hawaiian subjects. She the cultures of American Indians and King Kamehameha I began the King- was, however, forced to withdraw her Alaska Natives. dom of Hawaii in 1810 upon unifying proposed constitution. Despite the In 1921, Congress enacted the Hawai- the islands. The Kingdom continued Queen’s apparent acquiescence, the ian Homes Commission Act of 1920, until 1893 when it was overthrown with majority of Westerners recognized that which set aside approximately 203,500 the help of agents of the United States. the Hawaiian monarchy posed a con- acres of land for homesteading and ag- The overthrow of the Kingdom is easily tinuing threat to the unimpeded pur- ricultural use by Native Hawaiians. the most poignant part of Hawaii’s his- suit of their interests. They formed a The act was intended to ‘‘rehabilitate’’ tory. Opponents of the bill have char- Committee of Public Safety to over- the Native Hawaiian race which was es- acterized the overthrow as the fault of throw the Kingdom. timated to have dropped from between Hawaii’s last reigning monarch, Queen On January 16, 1893, at the order of 400,000 and 1 million, to 38,000. At the Lili’uokalani. Nothing could be further U.S. Minister John Stevens, American time, prevailing Federal Indian policy from the truth. Marines marched through Honolulu, to was premised upon the objective of America’s already ascendant polit- a building known as Arion Hall, lo- breaking up Indian reservations and al- ical influence in Hawaii was height- cated near both the government build- lotting lands to individual Indians. In- ened by the prolonged sugar boom. ing and the Hawaiian palace. The next dians were not to be declared citizens Sugar planters were eager to eliminate day, local revolutionaries seized the of the United States until 1924, and it the United States’ tariff on their ex- government building and demanded was typical that a 20-year restraint on ports to California and Oregon. The that Queen Liliuokalani abdicate. Ste- the alienation of allotted lands was im- 1875 Convention on Commercial Reci- vens immediately recognized the posed. This restraint prevented the procity eliminated the American tariff rebels’ provisional government and lands from being subject to taxation by on sugar from Hawaii and virtually all placed it under the United States’ pro- the states, but the restraint on alien- tariffs that Hawaii had placed on tection. ation could be lifted if an individual In- American products. It prohibited Ha- I was deeply saddened by allegations dian was deemed to have become ‘‘civ- waii from giving political, economic, or made by opponents of this legislation ilized.’’ The primary objective of the territorial preferences to any other for- that the overthrow was done to main- allotment lands to individual Indians eign power. It also provided the United tain democratic principles over a des- was to ‘‘civilize’’ the native people. The States with the right to establish a potic monarch. As you can tell by the fact that the United States thought to military base at Pearl Harbor. history I just shared, our Queen was impose a similar scheme on the native While non-Hawaiians were deter- trying to restore the Kingdom to its people of Hawaii in an effort to ‘‘reha- mined to ensure that the Hawaiian native peoples after Western influence bilitate a dying race’’ illustrates the government did nothing to damage Ha- had so greatly diminished their rights. similarity in federal policies toward waii’s growing political and economic Colleagues, I want you to understand Native Hawaiians and American Indi- relationship with America, Hawaii’s Hawaii’s history and the bravery and ans. King and people were bitter about the courage of our Queen, who abdicated Opponents of my bill have unfortu- loss of their lands to foreigners. Mat- her throne in an effort to save her peo- nately conjured a theory that there ters came to a head in 1887, when King ple after seeing United States Marines was no intent to recognize Native Ha- Kalakaua appointed a prime minister marching through the streets of Hono- waiians as indigenous peoples at the who had the strong support of the Ha- lulu. time of Statehood. I’ve gone back and waiian people and who opposed grant- The Republic of Hawaii was formed reviewed the constitutional convention ing a base at Pearl Harbor as a condi- in 1893, and in 1898, Hawaii was annexed of 1950 which resulted in the constitu- tion for extension of the Reciprocity as a territory of the United States. At tion that was adopted in 1959 when Ha- Treaty. the time of the overthrow, the Repub- waii was admitted to the Union. The The business community, backed by lic of Hawaii took control of approxi- delegates to this convention reflected the non-native military group, the mately 1.8 million acres of land which the multi-ethnic diversity in the is- Honolulu Rifles, forced the prime min- were held in a trust for the people of lands. Only 19 percent of the delegates ister’s resignation and the enactment the Kingdom of Hawaii. The driving were Native Hawaiians. The 1950 con- of a new constitution. The new con- force of the overthrow, the formation vention deliberately incorporated pro- stitution—often referred to as the Bay- of the Republic, and the drive towards visions of the Hawaiian Homes Com- onet Constitution—reduced the King to annexation was land ownership and mission Act of 1920. a figure of minor importance. It ex- control over land. It was not without controversy. At tended the right to vote to Western Native Hawaiians, like other indige- least one delegate opposed its inclu- males whether or not they were citi- nous cultures, could not grasp the con- sion. Yet, the majority of convention zens of the Hawaiian Kingdom, and cept of fee simple ownership of land. delegates voted to include the provi- disenfranchised almost all native vot- The concept of owning land was as for- sions and the Hawaiian Homes Com- ers by giving only residents with a eign to them as the concept of owning mission Act remains a part of the Ha- specified income level or amount of air would be to us today. For ancient waii State Constitution today.

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.025 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5560 CONGRESSIONAL RECORD — SENATE June 7, 2006 In addition, the Hawaii Admission reconciliation process—a necessary from agencies who implement federal Act also required the State to take step that provides the structure for us programs impacting Native Hawaiians. title over the majority of the public to continue to progress in reconcili- The process for the reorganization of lands which had been ceded to the ation between Native Hawaiians and the Native Hawaiian governing entity United States at the time of annex- United States. has received the most publicity and ation. The Act required that the lands I also want to share a unique fact most attention. I am very proud of the be held by the state as a public trust, about Hawaii’s history. We have had careful balance between structure and with income and proceeds being used six forms of government. Pre-1810 the flexibility provided in the reorganiza- for five public purposes, one of which islands were ruled by chiefdoms. The tion process. Native Hawaiians will was to address the conditions of Native Kingdom of Hawaii was established, truly be able to make critical decisions Hawaiians. It is clear to me after re- following the unification of the Islands in shaping their reorganized governing viewing these documents that while by King Kamehameha I in 1810, and entity. this issue has not been unanimous, continued until the overthrow of the Some have asked, why do you need to there has always been overwhelming Hawaiian Monarchy in 1893. From 1893– reorganize the entity? My answer is support for efforts to recognize Native 1898, the Republic of Hawaii ruled. The simple—our history requires it. Unlike Hawaiians as Hawaii’s indigenous peo- territorial government followed from some of our native brethren, when the Kingdom of Hawaii was overthrown, ples, and to accord them such treat- 1898–1941. During World War II, martial our native peoples were not allowed to ment. law was declared, resulting in the civil- From 1959 to 1978, little was done at ian government being dissolved and a retain their governing entity. Article the state level to benefit Native Hawai- Military Government ruling the terri- 101 of the Constitution of the Republic ians. In 1978, the state held a constitu- tory of Hawaii from 1941–1944. We re- of Hawaii required prospective voters tional convention. One of the results of turned to our territorial government in to swear an oath in support of the Re- the constitutional convention was the 1944 and in 1959 we were granted admis- public and declaring that they would establishment of the Office of Hawaiian sion into the Union. not, either directly or indirectly, en- courage or assist in the restoration or Affairs, a quasi-State agency which I can assure my colleagues that the establishment of a monarchical form of was set up to address Native Hawaiian political status of Native Hawaiians government in the Hawaiian Islands. issues. The agency would be directed has been a hot topic in Hawaii since The overwhelming majority of the Na- by a Board of Trustees, all Native Ha- 1959. In 1999, Hawaii’s Congressional tive Hawaiian population, loyal to waiians, who were to be elected by Na- delegation formed the Task Force on their Queen, refused to swear to such tive Hawaiians. The State of Hawaii Native Hawaiian issues. I was selected an oath and were thus effectively ratified the constitutional convention’s to head our delegation’s efforts. I im- disenfranchised. proposal and from 1978 to 1999, the mediately established five working groups to assist us in addressing the Similarly at the time of annexation, Board of Trustees for the Office of Ha- an overwhelming number of Hawaiians clarification of the political and legal waiian Affairs was elected by Native signed a document in protest of annex- relationship between Native Hawaiians Hawaiians. ation, referred to as the Ku‘e Petition. and the United States. The groups in- In 1999, the United States Supreme It is this document that I have here. A cluded the Native Hawaiian commu- Court ruled in the case of Rice v. substantial number of Native Hawai- nity, state officials, including agency Cayetano that because OHA receives ians signed this document in further heads and state legislators, Federal of- state funds, the vote for the Board of protest of what had happened to their ficials, Native American and constitu- Trustees could not be restricted to Na- government. tive Hawaiians. The vote for the Board tional scholars, and Congressional My bill provides for the reorganiza- of Trustees has since been open to the members and caucuses. We held several tion of the governing entity, because entire State of Hawaii and all state public meetings in Hawaii with the upon the overthrow of the Kingdom of citizens are eligible to run for a posi- members of the Native Hawaiian com- Hawaii, Native Hawaiians lost their tion on the Board of Trustees. The peo- munity working group and the state governing entity. Despite the lack of a ple of Hawaii have elected Native Ha- working group. Individuals who were government, Native Hawaiians have waiians to each of the nine positions. not members of the working group, and maintained distinct communities and Some of my opponents have claimed many who opposed our efforts, were al- perpetuated their culture, traditions, that this bill would circumvent the lowed to attend and participate in the customs, and language. While the Rice case. There is no intent to cir- meetings. Overall, we had more than United States has always treated us in cumvent the Rice case. Nothing in this one hundred individuals provide initial a manner similar to that of American bill would address the election of the input to the drafting of the legislation. Indians and Alaska Natives, the Fed- Board of Trustees for the Office of Ha- The bill was first considered by the eral policy of self-governance and self- waiian Affairs. 106th Congress. Five days of hearings determination has not been extended In 1993, P.L. 103–150, the Apology Res- were held in Hawaii in August 2000. to us because we lack a governmental olution, was signed into law. The bill While the bill passed the House, the structure. apologized to Native Hawaiians for par- Senate failed to take action. The bill Opponents of my bill say that I am ticipation of U.S. agents in the over- was subsequently considered by the creating a government. I believe it is throw of the Kingdom of Hawaii and 107th and 108th Congresses. For each clear that, rather than creating a gov- committed the United States to a proc- Congress, the bill has been favorably ernment, I seek to provide an oppor- ess of reconciliation with Native Ha- reported by the Senate Committee on tunity for the restoration of a govern- waiians. In 1999, officials from the De- Indian Affairs and the House Com- ment which requires the reorganization partments of the Interior and Justice mittee on Resources. Unfortunately, of an entity. traveled to Hawaii for public consulta- until now, we have not had an oppor- Similarly, because of our history, the tions with Native Hawaiians. In 2000, tunity for the Senate to consider this governmental authority in Hawaii is the Departments issued a report, From legislation. held by the State, local, and Federal Mauka to Makai: The River of Justice S. 147 the Native Hawaiian Govern- governments. For that reason, the bill Must Flow Freely. One of the primary ment Reorganization Act of 2005, does requires that following the reorganiza- recommendations in the report is that three things: (1) it establishes a process tion of the entity and the recognition legislation should be enacted which for Native Hawaiians to reorganize of the entity by the United States, the would provide Native Hawaiians with their governing entity for the purposes Native Hawaiian governing entity will greater self-determination within the of a federally recognized government- negotiate with the State and Federal federal framework over their assets to-government relationship with the governments regarding matters such as and resources. S. 147 would make this United States; (2) creates an office in the transfer of lands, assets, and nat- recommendation a reality. the Department of the Interior to focus ural resources, and the exercise of gov- The reconciliation process I referred on Native Hawaiian issues and (3) es- ernmental authority. Everything re- to is still an ongoing process. I see this tablishes an interagency coordinating mains status quo until addressed and measure as an important step in the group comprised of federal officials resolved in the negotiations process.

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.027 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5561 It is anticipated that Hawaii’s State ship with the United States. Many of that system of government that always Constitution is likely to require an my constituents ask that you enact has and allows us to be many and also amendment which will require the vote this bill because it provides a struc- to be one. They include the many Na- of all residents in Hawaii. It is also an- tured process for us to finally address tive Hawaiians who are members of the ticipated that implementing legisla- longstanding issues resulting from a Hawaii National Guard and who are tion at the state and federal levels will painful history so that we can all move called away from their families to be required to implement negotiated forward as a State. serve in operation Iraqi Freedom. matters. This is what I referred to as Mr. AKAKA. After 6 long years, we Moreover, it is a well-documented fact the structured process that would will be voting tomorrow on a motion to that native peoples have the highest allow the people of Hawaii to address invoke cloture to proceed to S. 147. per capita rate of those serving in our the longstanding issues resulting from Whether you are for or against it, I ask military. the overthrow of the Kingdom of Ha- all Members to let this bill come to the That is why it is absolutely offensive waii. This process is inclusive and al- Senate so we can discuss its merits. It to read mischaracterizations of this lows for all interested parties to par- is only through this dialog, through bill as an effort to secede from the ticipate. the airing of facts and the dismissal of United States. Opponents of my bill have sought to misunderstandings and myths, that we What this bill really does is provide a either mischaracterize potential out- can provide a fair and honest consider- structured process to finally address comes or to predetermine the process. I ation of what this measure really long-standing issues resulting from a have opposed both efforts. As you can means to Native Hawaiians as well as dark period in Hawaii history, the see, enactment of this bill alone does to this great Nation of ours. That is overthrow of the kingdom of Hawaii. A few weeks ago I took time to talk not, for example, allow for the native what this honorable body has always about Hawaii’s history. I have given a government to exert criminal and civil done. This is why we gather in this review of that history and its ramifica- jurisdiction over people in Hawaii. Senate to discuss matters of law and tions on this measure. I believe it is ab- Rather, for the Native Hawaiian gov- governing and of fairness and of human solutely essential for anyone voting on erning entity to exert any jurisdiction, and civil rights. this bill to understand historical con- At the heart of it, this bill is about the state and federal government text. I strongly encourage all Members fairness and about creating a process would need to agree to allow the Na- to again review this history because to achieve it. Native Hawaiians have tive Hawaiian governing entity to exer- there remain issues stemming from the cise such authority. Implementing leg- been recognized as indigenous peoples overthrow that have not been ad- islation at the state level would also by Congress. After more than 160 stat- dressed because of apprehension based need to be enacted to make this a re- utes, for more than 100 years, Congress on emotions rather than facts. ality. has treated Native Hawaiians in a man- Instead, there has been fear of where Others have sought to predetermine ner similar to American Indians and these discussions might lead, causing this matter. Given the inclusive proc- Native Alaskans. But when it comes to people to avoid the issue altogether. ess that the bill provides, and the fact having a process and Federal policy on Such behavior has led to frustration that the people of Hawaii need to ad- self-governance and self-determination, and misunderstanding between some dress these matters, I do not believe it Native Hawaiians have not been treat- Native and non-Native Hawaiians. But is appropriate for Congress to predeter- ed equally. let me bring this complex history and mine the outcome of this process. What this bill does is authorize a how it has affected us down to a more Given everything that I have shared process to examine whether a policy of human scale and to a more personal with you, I would hope that you agree self-governance and self-determination level. with me. can be extended to Native Hawaiians, As young child, I was discouraged Finally, before I conclude, I’d like to thereby creating parity in the way the from speaking Hawaiian because I was speak briefly about what this bill does United States treats its indigenous told it would not allow me to succeed not do. The enactment of S. 147 will peoples. in the Western World. My parents, God not lead to gaming in Hawaii. There is We have bipartisan support for this bless them, lived through the over- only one federal statute that author- bill. I extend my deep appreciation to throw and endured the aftermath, izes gaming in Indian Country, the In- its cosponsors, Senators CANTWELL, when all things Hawaiian, including dian Gaming Regulatory Act, and it COLEMAN, DODD, DORGAN, GRAHAM, language, hula, custom, and tradition, does not authorize Native Hawaiians to INOUYE, MURKOWSKI, SMITH, and STE- were viewed negatively. I was discour- game. In addition, the State of Hawaii VENS for their unwavering support. aged from speaking the language and is one of two states in the union that Again, I especially want to honor Ha- practicing Hawaiian customs and tradi- criminally prohibits all forms of gam- waii’s first Republican Governor, Gov- tions. I was the youngest of eight chil- ing. Therefore, gaming by the entity ernor Lingle, in 40 years. Despite our dren. I remember as a young child would only be allowed with changes to different political affiliations, Gov- sneaking to listen to my parents so both federal and state law. ernor Lingle, Hawaii’s Attorney Gen- that I could maintain my ability to un- The enactment of this bill also does eral Mark Bennett, Hawaiian Homes derstand the Hawaiian language. My not impact funding for Indian pro- Commission Chairman Micah Kane, experience mirrors that of many other grams and services. As I described ear- and the rest of the Lingle administra- Hawaiians of my generation. lier, Congress has established programs tion have worked tirelessly with us to While we dealt with the stigma of and services for Native Hawaiians. support this bill. being Hawaiian, my children have had These programs are appropriated from While that may surprise some in the advantage of growing up during a accounts completely separate from Washington, DC, you have to under- period of revival for Hawaiian lan- those that fund Indian programs and stand back home, support for Hawaii’s guage, custom, and tradition. My services. The bill clearly states that it indigenous peoples is a nonpartisan grandchildren, who can speak Hawaiian does not create eligibility for Native issue. We see our diversity as our and know so much more about our his- Hawaiians to participate in Indian pro- strength and not as a threat. It is a tory, also benefited from this revival. grams and services. point of pride and a thing that unites, It is this generation, knowing the his- I will conclude where I began. Col- not divides us. We embrace our diver- tory, that grows impatient with the leagues, for the people of Hawaii, na- sity and celebrate it as part of our so- lack of progress and efforts to resolve tive issues are not partisan. Many of cial fabric. It is who we are as a people longstanding issues. It is this genera- my constituents merely ask that we do and as a State. That is why we are not tion, steeped in American values of jus- right by Hawaii’s indigenous peoples threatened by efforts to preserve and tice, equality, and self-determination, and enact this measure that provides strengthen the culture and traditions who cannot understand why we have Native Hawaiians with the opportunity of Hawaii’s indigenous peoples. not yet resolved these matters. It is for to reorganize their governing entity for Let me also say that the people of this and future generations that we the purposes of a Federally recognized Hawaii, including Native Hawaiians, have written this bill to address these government-to-government relation- are proud to be Americans and to share important issues.

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.028 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5562 CONGRESSIONAL RECORD — SENATE June 7, 2006 There are those who have tried to say is one of only two States that crimi- In this grand experiment of democracy, that my bill will divide the people of nally prohibits all forms of gaming. we have found we can be many and yet Hawaii. I believe my bill goes a long Therefore, gaming would only be al- be indivisible. The United States of way to unite the people of Hawaii by lowed with changes to both Federal America has pledged itself to liberty providing a structured process to deal and State law. and justice for all people. This bill does with unresolved issues and unhealed Enactment of this bill does not im- that for the Native Hawaiians. wounds that have plagued us since 1893. pact funding for Indian programs and I yield the floor. Essentially, the Native Hawaiian services. Congress has established sepa- The PRESIDING OFFICER. There Government Reorganization Act does rate programs and services for Native are 2 minutes 7 seconds remaining on three things: One, it establishes a proc- Hawaiians. These programs are appro- the minority’s time. ess for Native Hawaiians to form a gov- priated from accounts separate from Mr. AKAKA. I suggest the absence of ernment-to-government relationship those that fund Indian programs. More- a quorum. with the United States. Two, it creates over, the bill clearly states that it does The PRESIDING OFFICER. The an office in the Department of the Inte- not allow Native Hawaiians to partici- clerk will call the roll. rior to focus on Native Hawaiian pate in Indian programs and services. The bill clerk proceeded to call the issues. And three, it establishes a co- Finally, gaining an understanding of roll. ordinating group comprised of officials a history of a culture and people we are Mr. ALEXANDER. Mr. President, I from Federal agencies who implement not familiar with is not an easy task. I ask unanimous consent that the order programs impacting Native Hawaiians. commend Members of the body for for the quorum call be rescinded. But it is the process for reorganizing a doing their homework. It can be so The PRESIDING OFFICER. Without governing entity that has received the easy to simply dismiss this bill as ra- objection, it is so ordered. most attention. That is why I am very cially based, as a threat to the sov- Mr. ALEXANDER. Mr. President, I proud of the careful balance between ereignty of the United States or as a said earlier that I think we will hear structure and flexibility provided in ploy for one group to gain an on the Senate floor many times during this process. Native Hawaiians will undeserved advantage. The harder task this debate about the enormous respect truly be able to make critical decisions is a studied one. But it is the right one. we have for our two colleagues from in shaping their government. If I might take you back in history Hawaii and how much we would prefer Some have asked: Why do you need one more time for just a moment: In not to disagree with them. I think it is to reorganize a governing entity? My the 1840s, recognizing the strategic im- fair to say that this bill would not have answer is simple: Our country’s history portance of the Hawaiian Islands, the a chance of being seriously considered requires it. Our sense of justice and great maritime powers of the day— on the floor if it weren’t for our respect fairness requires it. When the kingdom principally England, France, and the for them. of Hawaii was overthrown, our native United States—jockeyed for positions Despite that respect, I have to say, peoples were not allowed to retain of advantage, even as they acknowl- after hearing the Senator from Hawaii, their governing entity. Article 101 of edged the islands as an independent na- this bill is worse than I thought. Many the Constitution of the Republic of Ha- tion. It was a time of much inter- of my colleagues in the Republican waii required prospective voters to national intrigue. Urged on by local caucus have come to me and said this swear an oath in support of the Repub- British residents, the commander of is not about sovereignty or about race. lic and declare that they would not, ei- the British squadron in the Pacific sent The Senator from Hawaii made very ther directly or indirectly, encourage an armed frigate to Honolulu to ‘‘pro- clear that this is about sovereignty. He or assist in the restoration or estab- tect British interests.’’ said in his own words that this is a bill lishment of a monarchy in the Hawai- King Kamehameha III was forced to to create—he says ‘‘restore’’—let’s just ian Islands. The overwhelming major- yield to British guns, and for 5 months say establish—a new government with- ity of the Native Hawaiian population, the islands were placed under British in the United States of America, and loyal to the Queen at that time, re- rule. International pressure, as well as admission to that government is based fused to swear to such an oath and was personal intervention from Queen Vic- upon race. So you cannot pass this bill thus effectively disenfranchised. toria herself, eventually forced the off and say it is not about sovereignty. Similarly, at the time of annexation, British Government to declare the ac- It is about sovereignty. There is no dif- an overwhelming number of Hawaiians tion as unauthorized. On July 31, 1843, ference of opinion about that between signed a document of protest referred the Hawaiian flag was raised once the Senator from Hawaii and me. to as the Ku’e petition—it is this docu- again. He said specifically that the first ob- ment that I have—as a substantial During a service of thanksgiving held jective of this legislation is to estab- number of Native Hawaiians signed at historic Kawaiahao Church in Hono- lish a process to establish a govern- this document in further protest of lulu, Kamehameha III recited a phrase ment which would have a government- what had happened to their govern- that has since become Hawaii’s State to-government relationship with the ment. Despite the lack of a govern- motto: Ua mau . . . ke ea . . . o ka aina United States. That is a sovereign gov- ment, Native Hawaiians have main- . . . I ka pono—the life of the land . . . ernment composed of American citi- tained distinct communities and per- is perpetuated . . . in righteousness. zens who would now become part of a petuated their culture, tradition, cus- That has always been the case, not new government because they might be toms, and language. only in Hawaii but throughout our Na- a small percentage Native Hawaiian, Opponents of the bill say I am cre- tion’s history. and certain benefits would come to ating a new government. I believe I am The people of Hawaii are asking that them. So it is about sovereignty and providing an opportunity for the res- we do right by Hawaii’s indigenous peo- race. toration and reorganization of a gov- ples and enact this measure that pro- Why is that a problem? Let me add ernment that once existed and was un- vides Native Hawaiians with an oppor- that the Senator from Hawaii referred justly removed. tunity for self-determination and self- to this new sovereignty as their gov- Before I conclude, I wish to speak governance. They ask that we enact ernment. But we have one government. briefly about what this bill does not do. this bill because it provides a struc- That’s why there are Americans, just This bill will not result in the taking tured process to finally address long- like my family, which is Scotch-Irish of private lands in Hawaii. No one will standing issues resulting from a pain- American, like those of African de- lose their home or business because of ful moment in our history, so that we scent who are Americans, and like my bill. The enactment of S. 147 will can move forward as a State. They ask those of every descent who are Ameri- not lead to gaming in Hawaii. There is that we enact this bill because it is cans, who share in our government. only one Federal statute that author- just, because it is fair, because it is the That is what is special about this izes gaming in Indian Country—the In- right thing to do. country. Of course we admire our di- dian Gaming Regulatory Act. And it We are a nation of immigrants, and versity. What a great strength diver- does not authorize Native Hawaiians to we celebrate our diversity every day at sity is. No country is more diverse. We game. In addition, the State of Hawaii dining room tables around the country. are a land of immigrants. Out of that

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.075 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5563 great mix comes our strength. But who might like to establish a nation. is not American. That might be the there is one greater strength, and that This Nation isn’t without pain. We United Nations, but it is not the United is taking all of that diversity and mak- have stories from our beginning, States. It is not consistent in the most ing one country of it. whether it is Native Americans, wheth- basic ways with the history of this How do we do that? We do it in an ex- er it is African Americans, whether it country. traordinary way that goes all the way is Mormons who may have felt mis- So I hope that my colleagues, who back to Valley Forge, when George treated, murdered in State after State, have considered this legislation as Washington administered an oath to whether it is one religion today— maybe not too important, as some- his officers that said: maybe it is Hasidic Jews or an Amish thing that should be done primarily I renounce, refuse, and abjure any alle- group. There are a great many people out of respect for our two distinguished giance or obedience to the king, and I swear who, in our history, may not have been friends from Hawaii, will look at this that I will, to the utmost of my power, sup- properly treated. But an understanding carefully and not be lulled in by com- port, maintain, and defend the United States of American history is that it is a ments that this isn’t about sov- of America. great saga of setting high goals for our- ereignty. I think Senator AKAKA was Now, new citizens of this country selves and then always moving toward very candid and very direct when he have ‘‘become Americans’’ ever since those goals. We never reach them. We said the first objective of this bill was then by taking that same oath. In the say ‘‘all men are created equal,’’ but to establish a process to create an enti- immigration bill we passed a couple we have never been. The men who ty which would have a government-to- weeks ago, we codified that oath. So wrote that owned slaves. But what government relationship with the every year, a half million people come have we done? We have systematically, United States. here from countries such as Ban- over our history, chipped away, moving Mr. President, this is a dangerous gladesh, China, France, and every part ahead, falling back, fighting a great precedent. It is the reverse of what it of the world. They don’t come to salute Civil War, saving the Nation, waiting means to be an American. We have India or speak the language of China or another hundred years before African other issues that should come to the to adopt the principles of France. They Americans could sit at a lunch counter floor before this. I hope colleagues will respect where they came from, and in Nashville, always moving toward think carefully before moving ahead on they are proud of it, but they become that goal. Most of the debates in this this piece of legislation. Americans. We don’t do it based on Senate are about establishing high I see the Senator from Alabama has race. We don’t do it based on ancestry. goals—pay any price for freedom, equal arrived. We do it based upon a few principles in opportunity, E pluribus unum. Those I yield the floor. The PRESIDING OFFICER. The Sen- our founding documents. One of those are our goals, and we never reach is that we don’t discriminate based ator from Alabama is recognized. them, but we always try for them. Mr. SESSIONS. Mr. President, I upon race or ancestry, and another What is our goal here? Our goal is thank the Senator from Tennessee, Mr. great principle is E pluribus unum, that we should hope that every single ALEXANDER, for his thoughtful com- which this bill would turn upside down. citizen in this wonderful State of Ha- So this is not a bill which should be ments on this subject and other related waii be equal—if there ever were a passed just because we greatly respect subjects. He taught me a phrase that multiethnic, diverse State, it is Ha- our colleagues, which we do. But Ha- he uses, which is that we need to make waii. It is a wonderful example of our waiians are Americans. Tennesseans sure everyone who grows up in this diversity. According to the 2000 census, are Americans. Oklahomans are Ameri- country knows what it means to be an 40 percent of Hawaiians are of Asian cans. Hawaiians have been American American. To be an American is not a descent, 24 percent are White, 9 percent citizens since 1900. In 1959, they voted racial thing. An American is a person say they are Native Hawaiian or Pa- 94 percent to become a State, to be who adopts the American ideal of equal cific Islanders, 7 percent claim to be Americans. When you become Amer- justice under law, without regard to ican, you renounce your allegiance to Hispanic, 2 percent Black. Twenty-one race, religion, national origin, or any some other government and pledge al- percent report two or more racial iden- other matter of that kind. legiance to the United States of Amer- tities. There is much diversity of which Our Founders of this Nation were ica. If we don’t do that, we take step Hawaiians are proud and of which we very wise in a number of important toward being a sort of United Nations are proud. What unites them? What ways. One of the most important ways instead of a United States. unites us all is that we have become was they had a clear vision of the Na- I hope my friends, who have looked Americans. We are proud of where we tion they birthed and they saw it far at this bill and said: We love our col- came from, proud of our ancestry, but into the future. They always consid- leagues and this doesn’t seem like a prouder to be American. ered the importance of principle be- very important bill, so let’s do it for There may be some issues that need cause principle was important to the them, will look at the assault upon a to be addressed. We can find ways to growth and progress of the Nation they tremendously important principle em- address them. There may be some loved for the long term. They never bedded in this bill. It is about sov- wrongs that need to be righted. Cer- failed to think of the impact their ac- ereignty. It is about land and money. It tainly, Native Hawaiians would want tions may have on the future, even the is about race. It is not the same as to renew their culture and their cus- distant future of the country they what we did in Alaska. Native Hawai- toms and their language. All of us do birthed, the country they loved. ians are not just another Indian tribe. that. I go to my family reunion of I do not believe we are as thoughtful We don’t create Indian tribes; we rec- Scotch-Irish Presbyterians every sum- today in that matter as we used to be. ognize Indian tribes. This is not an In- mer. I have been to the Italian-Amer- Too often, we make decisions based on dian tribe under the language of our ican dinner here in Washington, DC. I perceived immediate needs or on polit- laws. never went to an event where there was ical forces at the time or friendship or I am afraid that what has happened more emotion or Italianness. But the some deal we thought we were forced here is that in 1998, the Supreme Court greatest emotion came when the to make or needed to make at a given of the United States made a decision Italian Americans stood up and pledged time; and too seldom in this busy, hec- and they said Native Hawaiians could allegiance to the United States. They tic place do we take the time to con- not have an organization if the voting didn’t have a problem saying: We are sider the long-term implications of our membership was based upon being Na- proud to be Italian, but we are prouder actions on the great Republic which we tive Hawaiian because the 15th amend- to be American. So how could we be se- have been given. ment to the U.S. Constitution says you riously discussing on the floor of the We simply must think in the long cannot vote based on race. So this is an Senate establishing for 400,000 Ameri- term in a principled way as we consider attempt—it is a breathtaking at- cans who live there, I think from al- the Native Hawaiian legislation. It is tempt—to establish a new nation with- most every State of this country, a not too much to say the legislation in the United States of America. new government based on race to could create a crack in the American I suppose there might be a lot of ag- which they would be privileged and the ideal of equal rights and colorblind jus- grieved people in the United States rest of us could not be a part of? That tice. This would be a huge step. It is a

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.076 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5564 CONGRESSIONAL RECORD — SENATE June 7, 2006 step we must not take. This Nation in of the unique characteristics possessed cern with the bill’s discriminatory im- its maturity and wisdom must not suc- by recognized tribes. Native Hawaiians pact. cumb to any balkanization of America. never lived as a separate, distinct, ra- The Commission is an independent A great nation must set crystal clear cially exclusive community, much less Government agency tasked with the policies on these matters, crystal clear exercise sovereignty over Hawaiian duty to examine and resolve issues re- policies on this question. The Republic lands. They never established organiza- lated to race, color, religion, sex, age, must firmly reject, must nip in the bud tional or political power. They never disability, or national origin. It is com- now and whenever it may appear in the lived under a racially exclusive govern- posed of eight members, though cur- future, any notion of creating sov- ment. All Hawaiians, regardless of rently only seven. Four are appointed ereign governments within our borders race, were subjects to the same mon- by the President and four are ap- unless they meet every criteria of the arch in 1893. In other words, Native Ha- pointed by Congress. At no time may Indian Tribe Program. waiians have never exercised inherent more than four members of the same National Review said in a recent arti- sovereignty as a native indigenous peo- party sit on the Commission. cle: ple, as the bill asserts and must assert Pursuant to its authority to submit if it were to have any chance of with- reports, findings, and recommendations You might have thought after watching to the Congress, the Commission re- the immigration debate that the Senate standing constitutional muster. could not be more cavalier about the unity Nonetheless, the bill would carve out leased their report last month on this and sovereignty of the Nation. Think again. a special exemption in the Constitution bill recommending ‘‘against the pas- sage of the Native Hawaiians Govern- The Senate is about to vote to pave the way for these people based on race solely. A ment Reorganization Act or any other with a bill to create a race-based government special exception being sought for Na- which is on the verge of passing. legislation that would discriminate on tive Hawaiians is extraordinary. the basis of race or national origin and This bill has been around a number of Under the bill, there is no guarantee further subdivide the American people years, but we have never had a full de- that members of a new government into discrete subgroups accorded var- bate about it. Unfortunately, many in would be subject to constitutional ious degrees of privilege.’’ Congress don’t seem to fully under- rights and protections, such as the stand yet the enormous implication of That is strong language. I submit first, fourth, and 15th amendments. that is what the bill does. I submit establishing what can really fairly be The U.S. Constitution guarantees to said to be a race-based government. that is why we should not pass it. every citizen a republican form of gov- Let me repeat that. They oppose this And further, the American people have ernment, and this has been defined to act and any other legislation that not been informed of the breadth and mean all the protections of our Con- would ‘‘discriminate on the basis of significance of the legislation. That is stitution. race or national origin and further sub- why it is good we are having the debate At a minimum, the Founding Fathers divide the American people into dis- at this time. intended that a republican form of gov- crete subgroups accorded varying de- We must talk about it. We ought to ernment ensure popular rule and no grees of privilege.’’ And, I would add, let the American people know that this monarchy, but under this bill, nothing based on their national ancestry or bill would create a nation out of United guarantees these basic principles will race. States citizens. The territory known as be honored. This new government, this ThIs report was issued after—the Hawaii is the epitome really of our new sovereignty will be free to rein- Commission held a hearing on January country’s great melting-pot concept state a monarchy or establish any 20, 2006, where experts—both opposing and has always been made up of a di- other method of government they may and supporting the bill—testified about verse group of citizens with different choose. the legislation. The Commission held racial backgrounds. They are famous Essentially, persons who are now the briefing record open until March 21, for that. citizens of the United States and who 2006, to receive additional comments If we pass this bill, we will divide are now guaranteed these protections, from the public. Sixteen public com- them. The bill would result in the a republican form of government, ments were received during the period, State of Hawaii giving up substantial would now be turned over to a govern- and most of the commentators wrote lands to the new nation which would ment that is not bound to honor that. to express their opposition to the bill. begin a downward spiral from an Amer- One should not be deprived of the Interestingly, the report notes that ica that is based on a shared ideal to right to vote or be denied free speech ‘‘While most commenters oppose the one where race, ancestry, our nation- or have property taken without due legislation, the governmental and in- ality constitute a legally approved process. These are deeply rooted prin- stitutional commenters primarily sup- basis for segregation and really dis- ciples in the United States, but they port it. The report also states that crimination. will not be guaranteed as part of a Na- ‘‘Many [opponents] argued, in very per- What is discrimination? Discrimina- tive Hawaiian government. Under the sonal terms, that the proposed legisla- tion is saying you have an advantage bill, Congress would strip United tion would be inconsistent with basic or a disadvantage based on race. States citizens of these and other great American principles of equality, tradi- This legislation seeks to create an protections they now enjoy. tional Hawaiian values, and their own extra constitutional race-based govern- Perhaps this is why there is a lot of personal ethics. ment of Native Hawaiians by arbi- unease in Hawaii about this legisla- Commission Chairman Gerald A. trarily labeling that race of people as tion. Indeed, so many residents oppose Reynold, himself an African American, an Indian tribe. it. In May of 2006, in a telephone pole, agreed with opponents, stating that: Essentially, it seeks to create a sov- 58 percent of Hawaiian residents said I am concerned that the Akaka Bill would authorize a government entity to treat peo- ereign entity out of thin air, something they opposed the bill. Of the respond- ple differently based on their race and eth- that the Supreme Court said as far ents identifying themselves as Native nicity . . . This runs counter to the basic back as 1913 cannot be done. Indian Hawaiian, only 56 percent said they American value that the government should tribes existed before our Constitution, supported it. Of the Native Hawaiians, not prefer one race over another.’’ before our Nation, in many cases, with only a little more than half said they In a case called Rice v. Cayetano, the continuity of leadership, centralized supported it. Given this split among Supreme Court found a similar attempt locality, and cultural cohesiveness. even Hawaiians, is it not surprising to create a race-based classification Therefore, the United States recognizes that 50 percent of all respondents said unconstitutional. In that case, the qualified Indian tribes as sovereign en- they want a vote on the bill before it Court struck down a race-determina- tities. Indeed, we signed treaties with becomes law, which is not provided for tive voting restriction in Hawaii as a many of them and made promises in in this legislation? violation of the fifteenth amendment, those treaties to provide them certain I will share a few thoughts by the which bars racial restrictions on vot- degrees of sovereignty. U.S. Commission on Civil Rights. They ing. By a vote of 7 to 2, the Court held Equating Native Hawaiians with a le- oppose the bill. The U.S. Commission unconstitutional a system under which gitimate Indian tribe is not possible on Civil Rights voted recently to op- non-Native Hawaiians were barred because Native Hawaiians share none pose the legislation because of its con- from voting for or serving as

VerDate Aug 31 2005 05:04 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.077 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5565 trustees of the State’s Office of Hawai- and distinct community. Yet, Native be a chaotic intermixing of different ian Affairs. Finding that the fifteenth Hawaiians live in almost every state in rules and regulations throughout the amendment protects the rights of the Nation and have fully integrated entire country. Native Hawaiian busi- Whites, Asians, Hispanics, and persons into American society. Native Hawai- ness owners, exempt from state and of other races in Hawaii just as it pro- ians do not live as a cohesive, autono- local taxes, could displace non-Native tects all other individuals against ra- mous group of people and have not Hawaiian business-owning neighbors, cial discrimination, the Court stated: done so at any point in history. Rather, giving them an enormous competitive One of the reasons race is treated as a for- they are fully immersed in all aspects advantage. Further, the bill could con- bidden classification is that it demeans the of American life. For example, almost ceivably lead to complete secession dignity and worth of a person to be judged by half of all marriages in Hawaii are from the United States. In fact, a ancestry instead of by his or her own merit interracial. Hawaiians serve in the U.S. group of supporters, including the and essential qualities. An inquiry into an- military, dedicating their lives to the State of Hawaii’s own Office of Hawai- cestral lines is not consistent with respect service of America. They are a part of based on the unique personality each of us ian Affairs, views this bill as a poten- possesses, a respect the Constitution itself American culture and certainly do not tial step towards ‘‘total independence.’’ secures in its concern for persons and citi- live separate and distinct from the rest On a website operated by that agency, zens. of us. the following passage appears under a Proponents of this bill seek to cir- The BIA requires a tribe to dem- section called, ‘‘How Will Federal Rec- cumvent this Supreme Court decision onstrate that it had a preexisting polit- ognition Affect Me?’’ by completely separating the Native ical organization. Yet, no political en- [The bill] creates the process for the estab- Hawaiian community into its own sov- tity—whether active or dormant—ex- lishment of the Native Hawaiian governing ereignty, placing it and its members ists in Hawaii that claims to exercise entity and a process for federal recognition. outside of Constitutional protections. any kind of organizational or political The Native Hawaiian people may exercise This is the only way it can be done. power. Knowing this, the bill’s advo- their right to self-determination by selecting Instead of carving Native Hawaiians cates rely on findings in the bill declar- another form of government including free out from constitutional protections, ing that ‘‘Native Hawaiians’’ exercised association or total independence. and separating them from America, we ‘‘sovereignty’’ over Hawaii prior to the How breathtaking is that? We simply must uphold constitutional principles, fall of the monarchy in 1893, and that it cannot return to a government where as well as American—especially Hawai- is therefore appropriate for Native Ha- different races of Americans are gov- ian—ideals, by not discriminating waiians to exercise their ‘‘inherent sov- erned by different laws. against anyone on account of race. ereignty’’ again. This argument is fa- The bill itself does not require any Our Constitution seeks to eliminate tally flawed because there was no race- percentage of Native Hawaiian blood racial separatism, not promote it. How based Tribal Hawaiian government in for inclusion in the new race-based gov- can we promote equality while sepa- 1893, so there is no ‘‘Native Hawaiian’’ ernment, which could therefore include rating our people into distinct, legally- government to be restored. Since the someone with only ‘‘one drop’’ of na- recognized racial sovereignties with early 19th century, the Hawaiian ‘‘peo- tive blood. Hawaiians with significant more or less rights and still be ‘‘one ple’’ included many native-born and traceable blood heritage oppose the nation’’? naturalized subjects who were not ‘‘Na- bill, in part, for this very reason. Those Because they existed prior to the es- tive Hawaiians’’ in the sense of this Hawaiians with at least 50 percent tablishment of our Constitution and bill—those people included Americans, blood quantum were given Federal as- Federal Government, Native American Chinese, Japanese, Koreans, Samoans, sistance and lands by the Hawaiian Indian tribes have long been recognized Portuguese, Scandinavians, Scots, Ger- Homes Commission Act of 1921, a re- as sovereign entities—most signed mans, Russians, Puerto Ricans, and quirement which still exists today, treaties to that effect. Greeks. All were subjects of the mon- with the only exception being for chil- Tribes have never been, nor can they arch, not just those with aboriginal dren of homesteaders with 25 percent now be, created out of thin air by Con- blood. Further, Hawaiian government, blood quantum. gressional legislation. Instead, ‘‘tribes’’ including the monarchy that existed Doesn’t this entire process of divid- seeking recognition after statehood until 1893, always employed non-Na- ing money, property, and benefits must adhere to a process established by tives, even at the highest levels of gov- based on a person’s race—the percent- the Federal Government. To be for- ernment. Therefore, it would be impos- age of ‘‘blood’’ they have—sound an mally recognized, a tribe must dem- sible to ‘‘restore’’ the ‘‘Native Hawai- alarm? Yet this bill positively seeks to onstrate that it has operated as a sov- ian’’ government of 1893—as the bill divide people based upon race and ereign for the past century, was a sepa- purports to do—because no such ra- blood—all in the name of apology and rate and distinct community, and had cially-exclusive government—or na- restitution. a preexisting political orgranization. tion—ever existed. What about the French who held the The Native Hawaiian people cannot If there ever was a time for Native Louisiana territory? Should they be meet these criteria and have conceded Hawaiians to establish themselves as given special benefits because we such on at least one occasion. In the an Indian tribe, it has long passed. forced them into a sale? case that I previously mentioned, Rice When Hawaii was considering state- We cannot go down this path. Not v. Cayetano, the State of Hawaii ar- hood, there was absolutely no push to only would all Americans suffer if we gued in its brief that: establish any tribal sovereignty. In sever Native Hawaiians from our Amer- [F]or the Indians the formerly independent fact, 94 percent of voters supported ican community, but those individuals sovereign entity that governed them was the statehood in 1959, and at the moment it who would become citizens of a Native tribe, but for native Hawaiians, their for- merly independent sovereign nation was the was attained, all people living in the Hawaiian sovereignty would lose rights Kingdom of Hawaii, not any particular territory became full-fledged citizens that we as Americans cherish. ‘tribe’ or equivalent political entity. . . . of the United States of America. They One of the many lessons learned from The tribal concept simply has no place in the deserve every protection that our Con- the Civil War is the importance of na- context of Hawaiian history. stitution ensures. tional unity. Abraham Lincoln referred Let me reiterate and further explain There are many practical con- to the principle of secession as ‘‘one of why Native Hawaiians cannot meet the sequences of this legislation that must disintegration, and [one] upon which Bureau of Indian Affairs’ standards for be considered. If this bill passes, it no government can possibly endure.’’ tribal recognition. Those standards would allow for the creation of Hawai- We fought a war over the issue, and boil down to two basic requirements: ian ‘‘tribes’’ in every State. This would the question was settled for all time. one, the group must be a separate and have extreme social consequences— We are one Nation and will not be sepa- distinct community, and two, a sporadic pockets of people in almost rated—whether by secession of a State prexisting political entity must be every State would be governed dif- or a racial group. Certainly we cannot present. ferently than their neighbors and promote this state-sanctioned racial The BIA requires a tribe to dem- would be immune from State and Fed- separatism. If passed, this bill would onstrate that it represents a separate eral laws and taxes. The result would create a slippery slope that could lead

VerDate Aug 31 2005 05:04 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.039 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5566 CONGRESSIONAL RECORD — SENATE June 7, 2006 to a host of pernicious possibilities for I yield the floor. The PRESIDING OFFICER (Mr. our future as a unified Nation. In an The PRESIDING OFFICER. The Sen- COBURN). The control by the majority editorial written last fall, Georgie ator from Idaho is recognized. has expired. Anne Geyer quoted the eminent histo- Mr. CRAIG. Mr. President, I quote: Mr. CRAIG. Mr. President, I ask rian Henry Steele Commager praising Hawaii illustrates the Nation’s revolu- unanimous consent to proceed for 3 the Founding Fathers for thinking tionary message of equality of opportunity more minutes. hard about the future—even the dis- for all, regardless of background, color, or The PRESIDING OFFICER. Is there tant future. They ‘‘couldn’t give a religion. This is the promise of Hawaii, a objection? Without objection, it is so speech or write a letter without talk- promise for the entire Nation and, indeed, ordered. ing about posterity.’’ the world, that peoples of different races and Mr. CRAIG. I thank my colleagues We cannot set a precedent that would creeds can live together, enriching each for allowing that to happen. allow every racial group in America to other, in harmony and democracy. This would establish a set of laws for become its own independent sov- That is Lawrence H. Fuchs, Hawaii Native Hawaiians and another set of ereignty. Native Hawaiians, just like Pono, 1961, written at the time of laws for non-natives, some of whom any other racial group in this country, statehood. have lived on the island for genera- are free to practice and promote their Today, with that quote in mind, I tions. This division would create a culture. They are free to pass down rise in opposition to the Native Hawai- wedge, in my opinion, in the Hawaiian their traditions from generation to ian Government Reorganization Act of community. It would create two sets of generation. America celebrates her di- 2006. As my colleague just mentioned, I laws for a group of people who live in versity, but she cannot allow her diver- respect both of my Hawaiian colleagues the same neighborhoods, attend the sity to divide her citizens. and the work they have done to pro- same schools, and go to church to- E Pluribus Unum—out of many, mote the culture and heritage of their gether. A Native Hawaiian could be one—is fundamental to our national native people. At the same time, I subject to one set of laws while his character. This bill seeks to turn that must disagree with the underlying no- neighbor is subject to a different set of fundamental principle upside down and tion of this bill. laws. I think not. would make us many out of one. The major argument in favor of this The legislation offends a founding Mr. President, I see my colleague bill is the notion that Congress should principle of this Nation: that all men from Idaho is in the Chamber. I will create a Native Hawaiian tribe in order and women are created equal—we have conclude with these thoughts. We are to treat them the same as American fought wars and struggled mightily as Members of this Senate particularly Indians and Native Alaskans. But Con- down through the decades to make charged with thinking about the long- gress cannot simply create an Indian that happen—not men and women with term future of our Republic. That is tribe. Only those groups of people who Hawaiian blood are equal, and those how we are today in a relatively have long operated as an Indian tribe, without Hawaiian blood are equal. healthy condition because our fore- lived as a separate and distinct com- That is a confusing thought. As the Su- fathers thought about those matters. munity—geographically and cul- preme Court stated, ‘‘In the eyes of the They thought about the principles on turally—and have a preexisting polit- government, we are just one race—it is which this Nation was founded. ical structure can be organized as a The concept is that once an Amer- American.’’ tribe. It is astonishing that Congress is ican, based on adoption of the Amer- Hawaiians could never qualify as an considering creating a race-based gov- ican ideal, you become an American re- American Indian tribe. First, they do ernment in Hawaii given the tremen- gardless of your race, your ancestry, not have the preexisting political your religion, or your national origin. dous progress that this Nation has structure. Prior to secession from the made, as I have mentioned, in elimi- That is who we are as a people. And I Republic of Hawaii, Hawaii operated submit, it is a matter of the greatest nating race as a distinguishing char- under a monarchy and not a tribe. danger that we move away from the acteristic among its citizens. Presump- Even if they were once organized in classical acceptance of Indian tribes to tive color blindness and race neutrality tribal governments, they have had no now start creating sovereign entities. is now at the core of our legal system Sovereign means independent, to a type of Native Hawaiian government and cultural environment and rep- certain degree uncontrollable by the for over 100 years. resents one of the most important U.S. Government. Sovereign entities Furthermore, in 1959, 94 percent of American achievements of the 21st cen- within our Nation based on race, with Hawaiians voted favorably to approve tury. people spread all over the Nation actu- the Hawaii Statehood Act and become To create a race-based government ally, being a member of a new govern- American citizens. would be offensive to our Nation’s com- ment, a new government that accord- At this time, there was an under- mitment to equal justice and the elimi- ing to the supporters and even the Ha- standing that Hawaii’s native people nation of racial distinctions in the law. waiian Web site indicates could lead to would not be treated as a separate ra- The inevitable constitutional challenge separation and independence, that is cial group and that they would not be to this bill almost certainly would not a step we ought to take. We need to transformed into an Indian tribe. reach the U.S. Supreme Court. We can- nip this in the bud. We need to end this Second, Native Hawaiians do not not simply circumvent the Supreme now. We need not go down this road. have an independent and separate com- Court’s holding and strict scrutiny of I so respect my colleagues from Ha- munity. In fact, Hawaii is one of the race-based tests. waii. They are committed to their peo- most integrated and blended societies The U.S. Civil Rights Commission ple. They understand the concerns of in America. Hawaii is, in essence, issued a report earlier this year that their citizens. They want to help them. America’s great melting pot. The cre- recommended that Congress reject this They have a particular desire to be ation of a Native Hawaiian race-based bill or any other legislation that would compassionate to the Hawaiian people, government entity would drive a wedge discriminate on the basis of race or na- the Native Hawaiians who have grown into the now harmonious melting pot tional origin and further subdivide the up on the islands for many years. But of the Hawaiian culture. This bill is American people into subgroups ac- I say with all due respect, in terms of asking us to pretend that a tribe ex- corded varying degrees of privilege. the overall National Government of isted based on the sharing of one drop This bill would authorize a government which we are a part and the principles of blood. We cannot simply reorganize entity to treat people differently based to which we must adhere, that we a tribe that never existed or create a on their race and ethnicity. Again, this should not go down the road creating new race-based government entity. notion runs counter to the basic Amer- an independent sovereign entity based Furthermore, using Congress to cre- ican value that the government should on race, as this bill would do. There- ate a tribe offends the very idea of not give preference to one race. fore, with reluctance and great respect equal protection under the law. Cre- Our most violent internal conflicts, for my colleagues who support this leg- ating a Native Hawaiian tribe, espe- whether in the 1860s or the 1960s, have islation, I urge our Members to vote cially one with no borders, undermines revolved around efforts to eliminate no. our constitutional rights. the laws of racial distinctions and to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.037 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5567 encourage a culture where all citizens son that I, and the other citizens of Ha- Indian tribe did not exercise federally- become comfortable as a part of the waii, ask you to do the right thing for recognized sovereign authority during American race. the Native Hawaiian people. the time its relationship with the Creating a race-based government in Some of our colleagues have also United States was terminated, this was Hawaii would create a dangerous prece- questioned Congress’ authority to deal not a barrier to an exercise of Con- dent that could lead to ethnic balkani- with Native Hawaiians. But after serv- gress’ power to restore the federal rec- zation. This is a huge step backwards ing for 28 years on the Committee on ognition of the native government. in our American struggle to advance Indian Affairs, with approximately sev- When Congress exercises its author- civil rights and to ensure equal protec- enteen years as either the Chairman or ity in this manner, it is not ‘‘creating’’ tion for all Americans under the law. the Vice Chairman, I am very informed sovereignty nor is it ‘‘creating’’ a na- This journey is by no means com- of the law that governs the Federal re- tive government. Native sovereignty plete, but this bill halts progress in lations with the aboriginal, native peo- preexisted the formation of the United that very important journey and sends ple of the United States. As such, I States. For the purpose of carrying on an entirely contrary message—a mes- want to assure everyone that Congress government-to-government relations, sage of racial division and racial dis- possesses the authority to pass this the form of native government is irrel- tinction and ethnic separatism and of measure. evant. rejection of the American melting pot Congress’ authority over Indian mat- Congress established the Indian Reor- ideal. ters has been repeatedly affirmed by ganization Act of 1934 to provide a As many of our colleagues have said, the United States Supreme Court. Its process for the reorganization of other and I repeat: We so respect our Hawai- power is explicit in the Constitution. It native governments. This Act does not ian colleagues, our Hawaiian friends; at derives from the Indian Commerce require that Native governments be or- the same time, we must reject this idea Clause, Article I, Section 8, clause 3, ganized as tribes. Senate bill 147 pro- that there is a separation spoken to in which vests Congress with the power to poses to provide a similar process for this law unique to a race or a culture. regulate commerce with the Indian Native Hawaiians. Although Native Hawaiians are not I yield the floor. tribes. It also stems from the Treaty Indians nor are they organized as In- The PRESIDING OFFICER. The Sen- Clause, which authorizes the Federal dian tribes, Congress is not precluded ator from Hawaii. Government to enter into treaties with from dealing with them in the manner Mr. INOUYE. Mr. President, I rise at other nations, as was done with various proposed by the bill. The Constitution this moment to join Senator AKAKA Indian tribes and the Native Hawaiian is a living document. The authors of speaking in support of the measure be- government. Although the Constitu- the Constitution intended that Con- fore us this day. tion does not authorize the Congress to gress’ authority to deal with Indian This bill, which is long overdue, fi- make treaties, this provision does au- nally will have a chance for fair consid- tribes include all aboriginal, indige- thorize Congress to address matters nous people of the United States, in- eration by this body. I hope this bill with which the treaties made pursuant will finally begin the process of extend- cluding American Indians, Alaska Na- to that power pertain. tives and Native Hawaiians, wherever ing a Federal policy of self-governance In addition, the Court has found that they were located and however they to Native Hawaiians and will repair the Congress’ power over Indian affairs de- were organized. injustices of the past. rives from the Property Clause, Article The Supreme Court has affirmed Con- As I sat here listening to the speech- IV, Section 3, Clause 2, which vests the gress’ authority over other aboriginal, es, I must candidly say that I was a bit Congress with the authority to ‘‘dis- indigenous people of the United States, disappointed that some of my friends pose of and make all needful Rules and regardless of whether they are ‘‘Indi- who oppose this measure have Regulations respecting the Territory ans’’ or organized as a ‘‘tribe,’’ as those mischaracterized the history of my or other Property belonging to the terms are defined today. It is irrele- State. United States.’’ This provision was vant whether the native peoples are lo- Hawaii’s history, as recounted by used by Congress to set aside public cated within the original territory of Senator AKAKA, is well-documented. lands for the use of Alaska Natives and the United States or in territory subse- After Captain James Cook arrived in a colony, established for scattered, un- quently acquired, whether within or Hawaii, other foreigners came to the related Indians. In Hawaii, approxi- without the limits of a state. In pre-co- islands, often as laborers. Over the en- mately 203,500 acres of land were simi- lonial times, the term ‘‘Indian’’ was de- suing years, like other Native people larly set aside for Native Hawaiians. fined to mean ‘‘native’’ or ‘‘the aborigi- who carried no immunities to the dis- And Congress’ authority over Indian nal, indigenous people’’ and the term eases that accompanied the waves of affairs also derives from the Debt ‘‘tribe’’ was defined to mean ‘‘a dis- immigrants to their shores, the Native Clause and, like any other national tinct body of people.’’ Hawaiian population was reduced from government, its inherent authority Correspondence between James Mon- estimates as high as several hundred that is a necessary concomitant of na- roe and James Madison concerning the thousand people at the time of first re- tionality. construction of what was to become corded western contact to a little over Congress’ authority is broad and ple- the Commerce Clause make no ref- forty thousand. An 1854 smallpox epi- nary. The Federal policy towards the erence to Indian tribes, but they do dis- demic, for instance, took the lives of aboriginal, indigenous people has not cuss Indians. Clearly, our founding fa- 6,000 people—almost 10 percent of the been constant nor consistent. But thers did not intend the term ‘‘Indian population at that time. changing Federal policy is fully within tribes’’ as used in the Constitution to Along with the decimating diseases, the scope of Congress’ authority. Con- only extend to those pre-existing In- the social and economic conditions of gress has exercised this authority to dian tribes that were dependent na- the Native Hawaiians deteriorated as recognize the inherent sovereignty of tions at the time of the framing of the well. The influence of non-Native Ha- an Indian tribe, to terminate the gov- Constitution. Under this interpreta- waiians continued to grow. On January ernment-to-government relationship tion, Congress would have no author- 17, 1893, the Hawaiian Kingdom was il- between the United States and an In- ity. legally overthrown with the assistance dian tribe, to establish a process for As Senator AKAKA relayed, the first of the United States. The United the reorganization of a tribal govern- recorded western contact with the ab- States’ involvement in the overthrow ment, as Congress did with the enact- original indigenous people of Hawaii is thoroughly documented in a report ment of the Indian Reorganization Act was the arrival of Captain James Cook commissioned by President Grover of 1934, and to restore tribes to their in 1778. While recording his encounters Cleveland. original federally-recognized status. with Native Hawaiians, Captain Cook My parents and grandparents lived In fact, after terminating the govern- referred to Native Hawaiians as ‘‘Indi- through Hawaii’s trying times. In my ment-to-government relationship with ans.’’ His accounts reported that the generation, I was raised with an under- Indian tribes, Congress enacted legisla- Native Hawaiians ‘‘lived in a highly or- standing that the Native Hawaiian peo- tion to restore the sovereign status of ganized, self-sufficient, subsistent so- ple had been wronged. It is for this rea- some of those tribes. Even though the cial system based on a communal land

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.080 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5568 CONGRESSIONAL RECORD — SENATE June 7, 2006 tenure with a sophisticated language, and the native peoples is not racially ‘‘for whom in a sense we are trustees culture, and religion.’’ In other words, discriminatory. The Supreme Court ...,’’ and who explained that Congress Native Hawaiians were a distinct body has sustained Congress’ action towards had the right to use the same authority of people. Indian tribes as constitutionally valid for dealing with Indians to set aside The Court has upheld Congress’ exer- as long as our actions are reasonable lands for Native Hawaiians, Congress cise of its broad, plenary authority to and rationally designed to further self- did just that. Congress set aside land recognize Indian tribes who were and government and to fulfill our unique for Native Hawaiians as part of its are not Indians nor were they orga- obligation towards them. trust responsibility to them. nized as tribes at the time that Federal Between 1826 and 1887, the United In 1938, Congress recognized certain recognition was extended to them. For States entered into treaties with the Native Hawaiian fishing rights in Ha- instance, the Court affirmed Congress’ Native Hawaiian government. In 1893, waii National Park, in a manner simi- recognition of an Indian tribe that con- we assisted in the illegal overthrow of lar to Congress’ recognition of retained sisted of scattered, unrelated indi- their government and extinguished the tribal hunting, fishing, and gathering vidual Indians, who were forced onto a government-to-government relation- rights in some national parks. reservation or colony. Even after the ship between the United States and the In the 1950s, Congress was termi- Supreme Court questioned whether the Native Hawaiian government. Now, we nating its government-to-government Pueblos of New Mexico were Indians propose to establish a process that may relationship with some Indian tribes and found that they were not organized lead to the restoration of a Federal re- and delegating some of its authority as tribes, the Supreme Court upheld lationship with a Native Hawaiian gov- over Indian affairs to the various Congress’ exercise of authority to rec- erning entity. This bill will authorize States, through such laws as Public ognize and treat Pueblos as Indian Native Hawaiians’ with more auton- Law 83–280, which delegated certain tribes. Despite numerous opportunities omy to undertake activities that they Federal authority of Indian affairs to to do so, the Supreme Court has not believe will better their conditions and some States. At this time, Hawaii was questioned Congress’ authority to treat meet their other needs in the manner seeking to become the fiftieth State. Alaska Natives as Indian tribes. that they deem best. It fulfills the Fed- Consequently, Hawaii’s admission to Whether the reference was to ‘‘Indi- eral government’s unique obligation the Union was conditioned on its ad- ans’’ or ‘‘Indian tribes,’’ the Framers of towards Native Hawaiians. As such, it ministration of the public trust estab- the Constitution did not intend those is not racially discriminatory. lished pursuant to the Hawaiian Homes terms to limit Congress’ authority, but Some have suggested that the Su- Commission Act. rather intended those terms as descrip- preme Court, in Rice v. Cayetano, has In 1972, a Native Hawaiian employ- tions of the native people who occupied ruled that the Congress does not have ment preference was enacted in the and possessed the lands that were later the authority to enact this bill. same manner that Congress enacted In- to become the United States. When the This is incorrect. dian preference laws. The Indian pref- Constitution was drafted, they author- In 1978, the citizens of Hawaii con- erence law was subsequently upheld by ized the Federal government to enter vened a constitutional convention and the Supreme Court as constitutionally into treaties with the Indian tribes be- proposed amendments to the State’s sound and consistent with laws de- cause they were considered inde- constitution to afford Native Hawai- signed to preclude discrimination in pendent sovereigns, not dependent na- ians a means by which to express their the workplace. tions. right to self-governance and self-deter- Notably, this was the same year that Any other interpretation would mean mination. They did so by creating the the Equal Employment Opportunities that Congress has been acting illegally Office of Hawaiian Affairs, which is Act of 1972, which prohibited discrimi- since the formation of the Union and governed by a Board of Trustees. Be- nation in the workplace, was enacted that the Supreme Court has wrongly cause this was intended to be the State into law. I mention this for a reason. decided the scope of Congress’ author- counterpart to the Federal policy of ex- Congress is an intelligent, thoughtful ity. tending self-governance and self-deter- body. It is highly unlikely that Con- The legal basis for the distinct status mination to the aboriginal, indigenous gress would have adopted one law pro- of the indigenous, native people is their people, the citizens of Hawaii limited hibiting discrimination in the work- sovereignty, which preexisted the for- eligibility to vote for the Office of Ha- place while at the same time enacting mation of our country, over lands that waiian Affairs trustees to Native Ha- a Native Hawaiian employment pref- became the United States. waiians. erence, unless Native Hawaiians were This sovereignty is not created by The Office of Hawaiian Affairs is, exempt from the broader bill because Congress. This sovereignty did not however, a State agency. Thus, when Congress treats them in the same man- need to be retained through treaties the Court considered this matter, it ner that Congress treats Indian tribes. with the Federal government. Treaties ruled that the voter eligibility require- Only two years after the United are a mechanism for recognizing the ment violated the Fifteenth Amend- States Supreme Court held that Indian inherent sovereignty of another gov- ment as a State may not disenfran- preference laws were not racially dis- ernment. chise voters by limiting voter eligi- criminatory because of Congress Like the other Federally recognized bility for a State agency to one group unique responsibility towards Indian Indian tribes, Native Hawaiians are a of people. The Court expressly refused tribes, a second Native Hawaiian em- distinct body of aboriginal, indigenous to address whether Congress had the ployment preference law was enacted. people who exercised sovereignty over authority to treat Native Hawaiians as Clearly, Congress considered Native land that is now the United States. Indian tribes. In passing, however, the Hawaiians as having the same status as Like other Native groups, the Federal Court mentioned that if the issue were Indian tribes. government has a unique responsibility before the Court, it would look to There are many more laws like these for Native Hawaiians. On November 23, whether Congress has treated Native but I will not list all of them. In total, 1993, the United States apologized for Hawaiians in the same manner as it however, over 160 laws concerning Na- its role in the overthrow, acknowl- has treated Indian tribes. tive Hawaiians have been enacted into edged the historical significance of the Congress has done that. law. Within the last five years, we have overthrow and the suppression of the Hawaii became a territory of the enacted additional laws, including laws inherent sovereignty of the Native Ha- United States in 1900 yet by 1910, Con- that have legislatively reaffirmed our waiian people, and committed to pro- gress began treating Native Hawaiians trust relationship with Native Hawai- vide a foundation for reconciliation be- as Indians when it appropriated funds ians. Under the theory of those oppos- tween the United States and the Native for the ethnological research of Amer- ing the bill, all of these laws are ille- Hawaiian people. As such, Congress has ican Indians and Native Hawaiians. gal. assumed a special relationship with In 1921, after receiving testimony Although Senator AKAKA explained them. from the then Secretary of the Depart- the process established by the bill in Giving effect to the special relation- ment of Interior who testified that the detail, I want to briefly reiterate some ship between the federal government Native Hawaiians were our wards and of his comments. This bill establishes a

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.033 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5569 process for the reorganization of a Na- risdictional authority must be nego- grants from Japan. In my generation, I tive Hawaiian governing entity. The tiated between the Native Hawaiian was raised with an understanding that process is similar to processes estab- governing entity, the State of Hawaii, the Native Hawaiian people had been lished for the recognition of other ab- and the Federal government. wronged. This is a part of history that original, indigenous people. Any jurisdiction that may be granted very few of my constituents are fully Upon enactment of the bill, a Com- through the negotiations will be within aware of. But my mother, when she was mission will be created to determine the boundaries of the State of Hawaii, at the age of 4, lost her father who was whether those who voluntarily choose not over the United States. Critics of working in the fields of the plantation. to participate in the Native Hawaiian the bill confuse the eligibility roll with She had lost her mother at the time of governing entity meet the eligibility the potential jurisdiction of the gov- childbirth, so she found herself an or- criteria. The Commission will prepare erning entity. Like other native gov- phan at a very early age. But fortu- a roll, which the Secretary must cer- ernments in the United States, anyone nately, a Native Hawaiian couple tify. An Interim Governing Council meeting the eligibility criteria defined learned about this, came forward to the will be established with no powers ex- in the bill or the organic governing plantation village, and took her by the cept to prepare organic governing doc- documents, regardless of where they hand and adopted her. And for years uments for the approval of those listed live, are eligible for membership in the she lived as a Hawaiian with the Ha- on the certified roll. Once this has been governing entity. waiian family, and she never forgot approved by the membership, it must The bill prohibits the application of that. be certified by the Secretary of the De- the Indian Gaming Regulatory Act, For many reasons, including that, I partment of the Interior. which is the only Federal authority for and other citizens of the State of Ha- If, and when, the Secretary certifies the exercise of gaming by Indian tribes. waii ask all of my colleagues here to do the organic governing documents, elec- Additionally, the State of Hawaii is the right thing for the Native Hawaiian tions for Native Hawaiian government one of only two states that criminally people. Some of our colleagues have officials must be held in accordance prohibits gaming. questioned Congress’s authority to deal with the organic governing documents. The bill expressly provides that Na- with Native Hawaiians, but after serv- At this point, the Native Hawaiian gov- tive Hawaiians will not be eligible for ing for 28 years on the Committee on erning entity still has no power. In- Indian or Alaska Native programs. It is Indian Affairs and approximately 17 stead, the Native Hawaiian governing unnecessary to include Native Hawai- years as either the chair or the vice entity must negotiate with the State ians in other programs as Congress has chair, I believe most humbly that I am of Hawaii and the Federal government already established programs specifi- sufficiently informed of the law that for any powers and authority as well as cally for them. governs the Federal relations with the other rights. The cost of the bill is minimal. The aboriginal native people of the United This will be a long, thorough process Congressional Budget Office estimates States. There is no question that Na- that will take years to complete. And that the bill will cost $1 million for fis- tive Hawaiians are aboriginal, and they this will not be the last time that the cal years 2006 through 2008, and less are native and indigenous. They were Congress will have an opportunity to than $500,000 per year thereafter. The there before the first White man came. address the power and authorities of Committee on Indian Affairs has also They were there before the first Ameri- the Native Hawaiian governing entity. been informed that the enactment of cans came. Bills will need to be introduced in the this bill will not affect direct spending Based on my decades of study and ex- Congress for the enactment of imple- or revenues. perience, I would like to assure my col- menting legislation. They will be re- I want to make it clear to all of my leagues that Congress does possess the ferred to the relevant committees of colleagues that this bill does not pro- authority to pass this measure. jurisdiction of each House. There will pose anything that we have not already We speak of the special relationship be votes in each body to approve imple- done for Indian tribes. Years ago, Con- between the Federal Government and menting legislation and the President gress recognized that it has a trust ob- the native peoples, and some have sug- will have to sign such legislation into ligation to the Native Hawaiians. Con- gested that this was racially discrimi- law. gress has treated Native Hawaiians in natory. A similar process will be required for the same manner as it has dealt with Mr. President, history shows that Na- changes to State law. The citizens of Indian tribes. It is time that Congress tive Hawaiians are good and patriotic Hawaii, through their State represent- formally extends its policy of self-gov- Americans. The people of Hawaii are atives, will have an opportunity to be ernment and self-determination to Na- good and patriotic Americans. If you involved in any changes in State law. tive Hawaiians. look at the records of World War II and Any changes to the State’s constitu- Mr. President, I want my colleagues all the wars thereafter, including the tion must be submitted to the voters of to know that this bill will unite Ha- present one in Iraq, you will find a dis- the State. waii. Senate bill 147, already has the proportionately large number of men Before closing, I want to address broad support of both Republicans and and women from Hawaii serving in uni- some misconceptions regarding this Democrats in Hawaii. It is now time to form and standing in harm’s way for measure and clearly inform my col- reach out and correct the wrong that the people of the United States. In fact, leagues about what this bill does and was committed so many years ago. I for this small, little State, with about does not provide. hope that my colleagues will also pro- the smallest population, we have more This bill does not create sovereignty vide their support by voting for this Medals of Honor on a per capita basis or extend Federal recognition to the bill. than any other State. Our government Native Hawaiian governing entity upon As a member of the territorial senate recognizes the patriotism of Native Ha- passage of this bill. Instead this bill es- at the time of statehood, and as former waiians and the people of Hawaii. In tablishes the process that I outlined. majority leader of the house, I was fact, the first Native Hawaiian in the As I discussed earlier, any sovereignty privileged to be involved in discussions Vietnam war to receive the Medal of by the Native Hawaiian governing enti- and decisions reached between the Gov- Honor was—yes—a Native Hawaiian, ty, if and when it is recognized, is in- ernment of the United States and the and he was one of the first in the Na- herent and preexisted Hawaii’s inclu- government of the territory of Hawaii. tion to do so. They are good American sion into the Union. Moreover, as our State’s first Member citizens. Any governmental powers and au- of Congress, I was actively involved in This bill, even if it becomes the ulti- thority that the Native Hawaiian gov- the discussions and agreements be- mate law of this land, will not change erning entity will exercise must be ne- tween the Government of the United the situation. Native Hawaiians will be gotiated with the Federal and State States and the government of the State subject to every provision in the Con- governments. of Hawaii. stitution of the United States. That is This bill does not extend jurisdiction My parents and my grandparents the fact. They will be subject to the to the Native Hawaiian governing enti- lived in Hawaii through Hawaii’s try- laws of the State of Hawaii and the ty over non-Native Hawaiians. Any ju- ing times. My grandparents were immi- United States. They will be subject to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.035 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5570 CONGRESSIONAL RECORD — SENATE June 7, 2006 the laws of the county of Hawaii. If any say that the people of Hawaii do not Commission’s May 4, 2006 meeting, changes are made—for example, if we support this measure. Commissioner Taylor specifically decide, as we did with many Indian na- I think it is about time that we reach asked to which version of the bill this tions, to give them the power to ar- out and correct the wrong that was report referred. After a discussion on rest—if someone goes speeding through committed in 1893. Yes, at that time the record in which it was readily ap- the streets—that power has to be nego- the representative of the people of the parent that the Commissioners had no tiated and granted by the supersov- United States directed a marine com- idea which version the report was re- ereign, the county to the Indian tribe. pany on an American ship to land and ferring to, the Commission had to re- It does not come naturally. take over the government. They im- cess for 10 minutes so that staff could The Native Hawaiian government, if prisoned our queen. No crime had been determine to which version the report you want to call it such, will not have committed. When the new government was referencing. Then, after calling the the authority to establish its own took over and turned itself over to the meeting back to order, the Commission army. It will not have the authority to government of the United States and stated that the report pertained to the coin its own currency. Yes, they can said, Please take us in, the President of version as reported by the Committee set up businesses, establish schools if the United States was President Cleve- on Indian Affairs, ignoring entirely the they wish to, but they will never, under land at that time. He sent his envoy to substitute amendment, which they had this bill, pass any measure that will be Hawaii to look over the case. When he been informed would be the measure in contravention with the Constitution learned that the takeover had been il- considered by the Senate. of the United States or the laws of the legal, he said this was an un-American Perhaps some may be thinking—what United States. act and we will not take over. The difference does it make? Let me assure This bill does not secede the State of queen is free. you, the differences between the Hawaii or any part thereof from the I am a proud American. I am glad version reported by the Committee on United States. The lands that we speak that we are part of the United States of Indian Affairs and the substitute of are lands that have been set aside, America. Senator AKAKA and I took amendment are substantively dif- not by us, but by the Government of part in World War II. We put on the ferent. In fact, the measure that will be the United States in 1920. In 1920, the uniform. He served in the Pacific. I before us reflects several weeks of ne- Members of Congress, without the urg- served in Europe. We would do it again. gotiation between the administration ing of Native Hawaiians, without the I know our people will do it again. and congressional Members to address urging of the people of Hawaii, finally I wish to discuss the report on the concerns raised by the administration. came to their senses and realized that Native Hawaiian Government Reorga- Before moving on to the substantive the takeover had been illegal, and that nization Act which was released by the flaws of the Commission’s report, I Native Hawaiians were indigenous, ab- United States Commission on Civil want to point out that one Commis- original people of the territory of Ha- Rights on May 4, 2006 and the ill-found- sioner filed an amicus brief in Rice v. waii at that time. ed reliance on the report by some of Cayetano without ever publicly dis- So, on their own initiative, this Con- my colleagues. It is important to note closing that involvement or recusing gress established a law to set aside that the measure before us is supported herself from the Commission’s pro- lands which they called the homestead by leading civil rights organizations, ceedings. Apparently, actions like lands. And those qualified, 50 percent such as the Leadership Conference on these are par for the course for this Hawaiian blood, were placed on these Civil Rights and the National Congress Commission. It is actions similar to lands. It is still there, and Native Ha- of American Indians. There are many these that led to the recent findings of waiians still live in those places. If more but in the interest of time, I will the Government Accountability Office they ever have this law in the books, only note that I am more than willing that the Commission lacked procedures these lands will become the land base to provide any Member with a more de- to ensure objectivity in its reports. of this new entity. tailed list of leading civil rights orga- The Commission’s majority report They are not taking away anything nizational support for this measure. also suffers from serious substantive from the people of Hawaii. They are With respect to the Commission’s re- flaws. Unlike the careful, thoughtful not taking away anything from the port, I urge my colleagues to thor- analyses contained in the dissenting Government of the United States. They oughly examine the report and the pro- opinions, the majority report is devoid will continue to pay taxes. They will ceedings leading to it. I say this be- of any analysis of the underlying bill continue to put on the uniform of the cause the majority’s report lacks credi- or arguments. Instead, the so-called United States. They will continue to bility—both procedurally and sub- ‘‘report’’ is merely a summary of the stand in harm’s way. stantively. I am confident that once briefing held in January, a one sen- I want Congress to know that, if any- my colleagues learn of the serious pro- tence recommendation, and copies of thing, this bill will unite the people of cedural and substantive flaws of the re- the written testimonies provided dur- Hawaii. This bill has the broad support port, they will join me in rejecting the ing the January briefing. It is nothing of Republicans and Democrats in the Commission’s report and supporting S. more than ‘‘he said this and she said State. Somewhere in this gallery is the 147, the Native Hawaiian Government that.’’ Nothing in this document ex- Governor of Hawaii, the Honorable Reorganization Act of 2006. plains why one argument was rejected Linda Lingle. And she is a Republican. The first point that my colleagues and another one accepted. I believe it She supports this measure. need to consider is that this report is is because the commissioners know The counties of Hawaii, every one not even based on the measure that what we know—the law is on our side. them—Oahu, Kauai, Maui and Hawaii— will be before us. During the Commis- Although this is apparently con- would support this measure. The State sion’s January briefing, the Commis- sistent with the way this Commission of Hawaii legislature, the House and sioners were provided with a copy of does business, it is unacceptable. The the Senate, unanimously support this the Substitute Amendment that was Government Accountability Office measure. publicly available since last fall and issued a report last week specific to the We have heard results of polls. We that Senator AKAKA recently intro- Commission and recommended that the are politicians. We know all about duced as a separate measure. It is this Commission should strengthen its polls. I can set up a poll myself and language on which we will vote. Yet, quality assurance policies and make suggest that 99 percent of the people of even though the Commission was in- better use of its State Advisory Com- Hawaii support the war in Iraq, and we formed of this, the Commission based mittees. More specifically, the Govern- know that is wrong. Yes, we can set up its recommendation on the bill ‘‘as re- ment Accountability Office found that our own polls. ported out of committee on May 16, the Commission lacked policies for en- But I can tell you the legislature sup- 2005,’’ which is substantially different suring that its reports are objective. It ports it, the county governments sup- from the substitute amendment. also found that the Commission lacks port it, the Governor does, and all Perhaps some think this was an over- accountability for some decisions made Members of the congressional delega- sight on behalf of the Commission but in its reports because it lacks docu- tion. I don’t know why people would I assure you—it was not. During the mentation for its decisions. A review of

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.081 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5571 the Commission’s report on Native Ha- tratively recognize a group of people as and that it is ‘‘vital to the continued waiians illustrates that this lack of ac- an Indian tribe, Congress’s power to ex- character of the State of Hawaii.’’ Both countability is clearly evident in this ercise its own authority is now bound Hawaii’s State House and Senate have instance, for the Commission provides by those regulations. Let me remind repeatedly and overwhelmingly ap- no rationale for its finding on S. 147. everyone—the Congress is not subject proved a resolution in support of this Another flaw with the Commission’s to an agency’s regulations. Congress bill. We were elected by Hawaii’s citi- recent report is that the Commission still possesses the power to restore rec- zens to represent their interests and we ignored two previous reports on related ognition to an Indian tribe and we have believe that this measure is in their issues by the Hawaii State Advisory used this authority repeatedly without best interests. We would not support a Committee. The Government Account- first determining whether a group met bill that would racially divide the peo- ability Office acknowledged that the the criteria set forth in the Secretary’s ple who elected us into office. Trust State Advisory Committees are the regulation. that we have the best interests of all of eyes and ears of the Commission. It I thank the Chair for allowing me Hawaii’s citizens in mind. also found that while the Commission this opportunity to educate my col- Beyond Hawaii’s elected officials, Ha- does not have policies to ensure objec- leagues about the true impact of the waii’s two largest newspapers have tivity for its own documents, the Com- Commission’s report on this matter. I written editorials in support of passage mission does have quality assurance encourage my colleagues to examine of this bill or condemning allegations policies in place for State Advisory the transcript of the January briefing that this bill is racially discrimina- Committee products, including a policy and the May meeting, the report with tory. The Honolulu Advertiser recently to incorporate balanced, varied, and the dissenting opinions, as well as the stated ‘‘this measure forges a middle opposing perspectives in their hearings recent Government Accountability Of- path, the most reasonable course to- and reports. The Hawaii State Advi- fice Report on the Commission. I am ward resolution—if only Congress sory Committee heard from numerous confident that after doing so, my col- would give it a shot.’’ The people of Ha- witnesses and spent substantial time leagues will understand that any reli- waii support it because, as the Adver- preparing two articulate, balanced re- ance on this report is misguided. tiser recognized, ‘‘Federal recognition ports on Native Hawaiian issues rel- Mr. President, as Congress has done would help chart a course for the dif- evant to the measure before us. Yet the for many other Indian tribes, this ficult but necessary process of resolv- Commission ignored these reports. measure merely sets up a process to ing festering disputes and in healing Imagine reports from the State Advi- formally extend the Federal policy of the breach caused by the overthrow of sory Committee in your respective self-governance and self-determination the Hawaiian monarchy.’’ State—the entity with the most knowl- to Native Hawaiians. This bill is about Hawaii’s business community, in- edge of local issues, that is the entity fairness and justice for Native Hawai- cluding the two largest banks, support most in touch with the local commu- ians—Native Hawaiians will finally be passage of this bill. The vast majority nities, and that has quality assurance afforded the same respect that the Fed- of Hawaii’s citizens support passage of policies—not even being consulted or eral Government affords to other Na- this bill. Given this diverse and broad informed about a briefing on an issue tive Americans. Given that Congress level of support, I do not understand that only impacts your State. has already enacted over 160 Federal how any of my colleagues can oppose Because the Commission’s rec- laws for the benefit of Native Hawai- passage of this measure by claiming ommendation was based on a version of ians, there will be no harm to other that it will divide Hawaii based on the bill that is not before us, is void of Native Americans and equally impor- race. any analysis and is not supported by tant, there will be no negative effects Instead, I urge my colleagues to join Supreme Court case law, it is difficult on the other citizens of Hawaii. me in supporting this measure as it is to address any arguments that may There are some who claim that this the fair, just thing to do and all of Ha- have influenced the Commission’s deci- bill is race-based and will divide Ha- waii’s citizens will benefit from this sions. Thus, I will take this oppor- waii because of race-based preferences measure when the longstanding issues tunity to clarify some misconceptions stemming from this measure. This is will be finally be put to rest. Without that some of the Commissioners appear not true. This bill is not based on race this measure, without your support, to possess. and those who make this claim do not those issues will remain unresolved. First, this matter is not race-based understand the people or history of Ha- Mr. President, as many of my col- as the Commission’s recommendation waii. As I said, in 1893, the United leagues know, S. 147 does nothing more implies. Instead, the Commission ap- States participated in the illegal over- than to establish a process to formally pears to have a fundamental misunder- throw of the Kingdom of Hawaii, which extend the same Federal policy of self- standing of Federal Indian law. It is resulted in longstanding issues in Ha- governance and self-determination undisputed that the Supreme Court has waii that need to be addressed. This that has been extended to other Native upheld Congress’s plenary authority measure will ensure those issues are Americans to Native Hawaiians. When over Indian tribes, including those ab- addressed fairly and equitably. It is be- one looks at the impact that this pol- original, indigenous peoples who exer- cause this measure starts the process icy has had on other Native Americans, cised control over land that comprise of healing old wounds and bringing all it is clear that this policy will benefit the United States even if those peoples of Hawaii’s citizens together that the not only Native Hawaiians but also all were not called Indians, were not orga- vast majority of Hawaii’s citizens sup- of Hawaii’s citizens. nized as tribes, and did not have a gov- port passage of this bill. Since the 1970s, the Federal Govern- ernment at that time. I ask my colleagues to ignore the ment has had a policy of self-deter- I am confident that if challenged, rhetoric and to look at the facts: The mination and self-governance for Na- this measure will be upheld. For as entire Hawaii Congressional delegation tive peoples. The success of this policy then Attorney John Roberts, now Chief supports, and is actively working on, has been demonstrated over and over Justice Roberts, stated during oral ar- passage of this bill. Our distinguished and it is not stopping. Every day, we gument in Rice v. Cayetano, ‘‘The colleagues in the House, Congressmen see improvements in native commu- Framers, when they used the word In- ABERCROMBIE and CASE, have intro- nities as a result of this policy. Every dian, meant any of the Native inhab- duced a companion measure, and both day, we see State and local commu- itants of the new-found land’’ and that testified before the Senate Committee nities benefiting from Native Ameri- Congress’s ‘‘power does, in fact, extend on Indian Affairs in support of this bill cans exercising self-governance. It is to Indians who are not members of a and its importance to Hawaii. As Con- time that Native Hawaiians, and Ha- tribe.’’ gressman CASE stated, this bill is ‘‘the waii, also benefit from this policy. Second, it is absurd that there are most vital single piece of legislation While Native Hawaiians are not Indi- some who think that because Congress for our Hawaii since Statehood.’’ ans nor is there Indian Country in Ha- delegated some authority to the Sec- Hawaii’s Republican Governor sup- waii—nor will there be with passage of retary of the Department of the Inte- ports the bill and has stated that ‘‘this this measure—the experience of other rior to develop regulations to adminis- bill will be a unifying force in Hawaii’’ Native Americans since the Federal

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.041 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5572 CONGRESSIONAL RECORD — SENATE June 7, 2006 Government adopted a policy of self- not all. Hawaii is already full of rich, senior Senator, who has spoken from governance for Indian tribes is inform- diverse cultures which are celebrated the heart about our bill and about what ative. Since implementation of the throughout the year but, with this it means to our people in Hawaii, the Federal policy of self-determination, measure, all of Hawaii will be able to unity of support that is there in Hawaii other Native Americans have seen a re- celebrate an ever stronger native cul- and also the support that is here na- vitalization in their native languages ture. Non-natives will learn more tionally. and culture. Because of this policy, about the islands based on the tradi- He mentioned NCAI, the National other Native Americans have experi- tional knowledge of Native Hawaiians Congress of American Indians. He men- enced higher educational achievement, gained over centuries of island occupa- tioned the AFN, the Alaska Federation stronger economies, better mental and tion. Higher achieving children will no of Natives. Also, the American Bar As- physical health and less reliance on so- longer have to wait for their counter- sociation has supported our bill. These cial programs. Although other Native parts to catch up. Instead of remedial are national organizations that have Americans still have a long way to go, education classes, there will be more studied it and have considered this bill the policy of self-governance and self- rigorous, challenging classes for our to be worthwhile. determination has repeatedly been youth. Visitors already come to Hawaii As I mentioned in my statement, this called the most successful Federal pol- to admire and appreciate the unique bill has been reviewed by the Depart- icy for Native Americans. I am con- Hawaiian culture; with this measure, I ments of Justice and the Interior, the fident that Native Hawaiians will have am confident even more will come to White House and the administration. a similar experience and that all of Ha- experience the stronger, richer Native They have made clarifications that we waii’s citizens will receive benefits. Hawaiian culture. will include in our amendments and in Self-governance is critical to main- I invite all of my colleagues to Ha- our substitute amendment. taining Native Hawaiian culture, lan- waii to experience our unique culture, This is a bill that does not have any- guage and identity. Native Hawaiians diversity and spirit of aloha. This bill thing to do with starting a government were affected by the various Federal will enhance Native Hawaiian self-gov- that would be able to do what it wants. policies the United States had towards ernance while benefiting all of Hawaii’s This governing entity will be struc- Indian tribes. So like other Native citizens. This is why I am proud to co- tured so that it can deal with the prob- Americans, Native Hawaiians were pro- sponsor this legislation. This is why lems of the Hawaiian people and will hibited from speaking their native lan- our distinguished House colleagues, give them a seat at the table. It will guage and practicing their culture. Na- Congressmen ABERCROMBIE and CASE give them an opportunity to negotiate tive Hawaiians experience similar so- have introduced a companion measure. whatever they decide. cial characteristics—often ranking the I respectfully urge my colleagues to I should tell you, those who have spo- highest in the least desirable cat- help Hawaii by supporting S. 147. ken in opposition to this bill are good egories and the lowest in the most de- I just hope my colleagues will not friends that we respect—and we will sirable categories. They suffer from look upon Native Hawaiians as those continue to do that—who have other some of the highest rates of obesity, di- who are trying to get out of the United reasons to oppose our bill. I do respect abetes, high blood pressure, heart dis- States. They are not. We are just try- them very deeply. But our bill is one that will help the Hawaiians to deal ease, and other health disparities. They ing to tell them: Yes, we recognize the with their concerns. When it was stat- experience the highest rates of poverty wrong we have committed. Therefore, ed that I had mentioned that they in the State of Hawaii and have some use the lands that we have provided could secede, the question that was of the lowest educational achievement. you. Set up a government. But this is asked me was whether that could hap- Native Hawaiian youth suffer from what you may do. You may set up your pen. I pointed out that to secede, the high rates of depression and are more schools, you may set up businesses. Hawaiians would have to take it to this likely to attempt suicide than other What is wrong with that? We are not governing entity and this entity would youth in Hawaii. Although it will not asking to establish a government in decide whether they should take this happen overnight, Native Hawaiian there that will put up a fence and keep to be negotiated with the State govern- self-governance will reverse these everyone out. That government will not establish an army to attack us. ment and then with the Federal Gov- trends. Testimony before the Indian ernment. Affairs Committee indicated a link be- This is the American thing to do; the least we can do. And, incidentally, the Let’s say they do decide to secede as tween teen suicide and depression and an entity. I don’t think the State gov- the lack of language and culture in National Congress of American Indi- ans, representing the Indian nations of ernment, with the State laws, would other native communities. Testimony agree to that. It has to be negotiated. also indicated that when Indian tribes this Nation, support this measure. Alaskan natives, Eskimos, support this And let’s say if—and I know it won’t exercise self-governance and take steps happen—the State of Hawaii agrees to to regain or incorporate their language measure. Granted, there are those who oppose that. Then it has to go to the Federal and culture into everyday life, mental this measure. But I just hope that they Government. So this is all within the health issues decrease. will look into their hearts and look law. Preserving and revitalizing native I have spoken to those in Hawaii who into the hearts of Native Hawaiians. language, culture and identity leads to want Hawaii to be independent. I have They are good people. They just want stronger personal identity and cultural told them you can use the governing to know that someday they can tell awareness. Native self-governance will entity to discuss it. This is what I their grandchildren the wrong that was lead to culturally appropriate physical meant. They can bring these issues to and mental health programs, as well as committed in 1830 has been rectified. I am certain my colleagues will do the governing entity and the governing more relevant education curriculum, so. I thank you. entity will make a decision as to inde- for Native individuals. This, in turn, The PRESIDING OFFICER. Who pendence or returning to the mon- will lead to better health, higher aca- yields time? archy. But all of this would be within demic achievement, strong native lead- Mr. INOUYE. I suggest the absence of the law of the United States, as men- ership, increased employment, less a quorum. tioned by my senior Senator. It will be poverty and decreased dependence on The PRESIDING OFFICER. The within the Constitution of the United Federal and State social programs. clerk will call the roll. States. But this gives the Hawaiians a Self-governance will ensure that Na- The assistant legislative clerk pro- governing entity to deal with their tive Hawaiians retain their dignity. ceeded to call the roll. concerns and negotiate them on the Consequently, all people of Hawaii Mr. AKAKA. Mr. President, I ask State level as well as the Federal level. will benefit. Decreased reliance on so- unanimous consent the order for the Also, in the substitute amendments cial programs, fewer children needing quorum call be rescinded. that we will be offering, it does have remedial education, and more prevent- The PRESIDING OFFICER. Without the clarifications from the administra- ative, culturally appropriate health objection, it is so ordered. tion as well. programs will result in less funding Mr. AKAKA. Mr. President, I thank So I rise to urge my colleagues to needs over the long term. But this is my dear colleague from Hawaii, the permit us to bring it to the floor, to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5573 permit us to do that through cloture make that analogy because there are cited the 15th amendment, which for- and then to let the Senate decide about very specific requirements for tribal bids discrimination in voting based on our bill. recognition, and they are not met in race or ethnic background. As I said, the United States of Amer- this case. Therefore, that concern is To quote from that decision, the ica is a nation that has consistently misplaced. Court said: tried to keep liberty and justice alive Most fundamentally, and I think One of the reasons race is treated as a for- and well. This is an opportunity to do most problematically, this legislation bidden classification is that it demeans the that. does create a very separate and dis- dignity and worth of a person to be judged by I urge my colleagues to consider tinct governing entity, and the partici- ancestry instead of by his or her own merit their vote, give us their votes on clo- pation within that governing entity is and essential qualities. An inquiry into an- cestral lines is not consistent with respect ture so we can then bring it to the based upon racial and ethnic classifica- based on the unique personality each of us floor and discuss it further. tion. We have to ask ourselves whether possesses, a respect the Constitution itself Mr. President, how much time do we this is a principle or a policy which the secures in its concern for persons and citi- have remaining? American people would support, wheth- zens . . . [To do so would be] odious to a free The PRESIDING OFFICER. The Sen- er it is one which will further our people whose institutions are founded upon ator has 1 minute. shared goals as Americans. I believe the doctrine of equality. Mr. AKAKA. Mr. President, I just the answer is no. It is a mistake to cre- It is an approach that runs contrary want to mention on the sovereignty re- ate two distinct privileges for partici- to those fundamental goals and objec- buttal, the Federal policy of self-gov- pation in governance at any level that tives which are contained in the 15th ernance and self-determination allows is based solely on one’s racial or ethnic amendment. for a government-to-government rela- background. I think on a more personal level, it is tionship between indigenous people. The governing power of this new en- worth understanding the impact this This is not new. It exists right now be- tity, the Native Hawaiian governing can have on an individual. tween the United States and 556 tribes, entity, is not small nor trivial. Again I wish to close by referring to several 556 native governments. The continued quoting from the legislation: comments which were provided by resi- representation of this bill as an unprec- Among the general powers conferred on dents of Hawaii themselves before the edented new action is just plain wrong. this governing entity are the power to nego- Civil Rights Commission. With all due respect to my col- tiate or engage in negotiations designed to Quoting from one letter: leagues, as I said earlier, Native Hawai- lead to an agreement addressing such mat- . . . It is appropriate to say that I am of ians are proud to be Americans. Native ters as the transfer of land, natural re- Hawaiian, Caucasian and Chinese descent Hawaiians, however, are indigenous sources and other assets, and the exercise of only because it shall be noted that I am a de- peoples and Congress has the authority civil and criminal jurisdiction. scendent of the indigenous peoples of Hawaii to recognize indigenous peoples. These are not small matters. I be- and do not support the Akaka bill . . . If [the lieve the suggestion that this is a mod- Akaka bill] comes to pass, I will no longer I yield. acknowledge my Hawaiian heritage as I will The PRESIDING OFFICER. The Sen- est entity, one with only very limited be forced to choose on which side of the fence ator from New Hampshire. powers, is mistaken. to stand. I will choose the Anglo-American Mr. SUNUNU. Mr. President, I rise in The proponents of the legislation tradition of the right to life, liberty, prop- opposition to this legislation. I do, might argue that there are intervening erty and the pursuit of happiness. This will however, respect the goals and the con- steps required on the part of the State prevent me from recognizing all that is Ha- cerns that have been expressed by the government or the Federal Govern- waiian in me. I consider the Akaka bill to be Senators from Hawaii and their sup- ment to validate these negotiations. a proposal to violate my rights . . . porters. I certainly agree with the lan- That doesn’t change the fact that this This is a resident of Hawaii testi- guage used by Senator INOUYE to de- governing entity has real power to ne- fying before the Civil Rights Commis- scribe the people of Hawaii. They are gotiate that is not given to any other sion. He wrote: indeed good people. They are indeed entity, and that the participation in . . . I am writing to ask for the civil rights great patriots. I think no one better that governance is based solely on commission to oppose the Akaka Bill on the exemplifies the patriotism, the support one’s ethnic or racial background. I be- grounds that it will divide our state among lieve that simply is not justified. racial lines . . . I am of native American for American ideals, and the commit- blood (Nez Pierce Indian) but cannot be con- ment to our country, than the two Sen- To the extent there are constitu- sidered eligible for benefits such as those de- ators from Hawaii, each in their serv- tional questions brought to bear, they sired by native Hawaiians . . . The Akaka ice to this institution, their service to ought to be focused on due process, on Bill will destroy our way of life in Hawaii our country, and their service to our whether this restriction that one only ... country’s military. participates in this governing entity if The third letter quoted in that report Senator INOUYE discussed the need to one has a certain racial or ethnic back- to the Civil Rights Commission: right wrongs, and how that was one of ground is an unfair limitation on an in- . . . I am a descendant of both: Kameha- the objectives of this legislation. Even dividual American’s right to partici- meha the Great, who united the islands and if we concede the importance of right- pate in the electoral process. people, natives and non-natives and made ing wrongs, we can argue, as I do argue, Even if that were not a factor, bal- Hawaii a model for the world: and the that this is the wrong way to go about kanizing Americans, dispensing polit- Mayflower pilgrims whose ideals of indi- that. ical power, or dispensing political rec- vidual freedom and responsibility and self- This bill does not create a sovereign ognition on the basis of ethnic or racial reliance shaped the most inclusive and wide- ly shared system of government in history: state or a sovereign entity. That point background is a mistake. It is bad American democracy . . . The Akaka Bill was made by both Senators in their re- precedent. It emphasizes differences would dishonor the unity and equality envi- marks. However, we cannot escape the that we might have. I believe it runs sioned by Kamehameha the Great and the fact that the legislation as written, on the risk of disenfranchising certain ideal of one nation, indivisible, composed of page 51, does describe very specifically Americans and takes us in the wrong indestructible states, envisioned by the U.S. the objective for Native Hawaiians to direction. Constitution . . . have an inherent right of self-deter- If there are wrongs that need to be These are individual opinions of resi- mination and self-government. That set right, we should have a debate dents of Hawaii who have their own clearly suggests a goal, whether it is about what those actions were and personal history and perspective. We short-term or long-term, of estab- what specific steps ought to be taken shouldn’t make decisions in Congress lishing self-governance; of establishing to address them. However, this is not or anywhere else based on just anec- independence in some shape or form. the right vehicle. This is not the right dotal information, but I think they do If this isn’t an objective, then cer- approach. This does not send the right reflect the difference of opinion, the tainly it ought not to be included in message. difference of perspective, and the nat- the legislation. In dealing with cases that have come ural concerns possessed by even those This is not a question of tribal rec- before the Supreme Court which dealt who are supposed to benefit from this ognition. I think it is a mistake to with this question, the Supreme Court legislation because of the way the bill

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.083 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5574 CONGRESSIONAL RECORD — SENATE June 7, 2006 treats people—not based on the content waii has stated in court, in 1985, the blood or ancestry but rather by a set of of their character, not based on their tribal concept has no place in the con- ideas. These ideas are familiar to all of individual rights as Americans, but text of Hawaiian history. us: liberty, democracy, freedom, and based on their particular ethnic or ra- In the Rice v. Cayetano case, the most of all, equal justice under the cial background. brief said that for Indians, the formerly law. These are the ideas that unite all If we can move away from the bal- independent sovereignty that governed Americans. They are ideas that have kanization, classification, and unique them was for the tribe, but for the Na- literally changed the course of human treatment of people based on racial- tive Hawaiians, their formally inde- events. ethnic background and move toward pendent sovereign nation was the king- No longer are the greatest civiliza- the consideration of every individual dom of Hawaii, not any particular tribe tions in the world recognized or meas- based on their character, their integ- or equivalent political entity. The trib- ured by how many subjects bow before rity, and their commitment to our al concept, the brief went on to say, on a king or how many nations are con- shared ideals, I believe we will be a behalf of the State of Hawaii, the tribal quered by armies. Today, we measure stronger and a better country. concept simply has no place in the con- greatness of a nation to the extent that Thank you, Mr. President. text of Hawaiian history. the nation’s people are recognized as The PRESIDING OFFICER. The Sen- If we think about that, it is clear Na- equal under the law. This is enshrined ator from Texas. tive Hawaiians, if they are going to be in our most basic documents. Thomas Mr. CORNYN. Mr. President, I rise to identified based upon having Native Jefferson’s Declaration of Independ- speak on this bill with some trepi- Hawaiian blood, do not live on a res- ence, stating ‘‘that all men are created dation, because, as I heard the Senator ervation or any geographically discrete equal.’’ from Tennessee say earlier as I was plot of land. Indeed, they are dispersed But we know too well that those are watching the debate from my office, throughout Hawaii and throughout the words on paper. The long road to equal- everyone in this Chamber has enor- Nation. The only defining char- ity, on which we most certainly con- mous respect and affection for the Sen- acteristic is whether an individual has tinue to travel and which continues to ator from Hawaii. We understand how any Native Hawaiian blood. be a work in progress, has been costly important this issue is to him and be- It is completely different from Indian to our Nation. As I mentioned a mo- lieve he is making his arguments in the tribes which were, at the time of the ment ago, it has been paid for with the best of faith. founding of this Nation, sovereign enti- blood of hundreds of thousands of I must say, though, that it is stag- ties unto themselves, so it was entirely American patriots. Unfortunately, the gering to me to think of how important appropriate that the Government nego- signposts along the way have been too the issues are that underlie this bill. tiated relationships with those existing often marked by violence and bigotry This is not a bill which just affects the sovereign entities, the Indian tribes, as when we have seen Americans pitted State of the Senators from Hawaii; this they exist even today. against other Americans claiming spe- is a bill which would potentially affect But to say today, in 2006, we all of a cial status because of the color of their what it means to be an American. sudden are going to identify some skin or because of their relationships. One of the defining characteristics of 400,000 Native Hawaiians wherever they Today, however, America stands as a this great country in which we live is may live in Hawaii and elsewhere and shining example of what happens when that no matter where we come from, no create a tribe, or a tribe equivalent, people set the ideal in their mind as matter what our ethnic or racial herit- out of thin air has simply no counter- the goal to work forward. As Justice age might be, no matter where we were part in the way the Indian tribes are Harlan noted in his classic dissent in raised, once we pledged allegiance to created. And, indeed, as the State of the case Plessy v. Ferguson: the United States of America, we be- Hawaii has said for itself, the tribal [O]ur Constitution is color-blind, and came an American, someone who be- concept simply has no place in the con- knows neither nor tolerates classes among lieves in the ideal of America’s values, text of Hawaiian history. citizens. In respect of civil rights, all citi- including equal justice under the law. As to the goals and the aspirations of zens are equal before the law. So the very concept that people would this particular legislation, it is clear While it certainly took far too long be treated differently based upon this bill lays down some rudimentary, I in our own Nation’s history to embrace whether they are Native Hawaiians or would say early, steps in the recogni- the truth of Justice Harlan’s position, whether they came from Ireland or tion of a political governing body. But and we certainly have more to do as a whether they are some other ethnic or as to the goals of this legislation and work in progress ourselves, America racial group is anathema to what it the supporters of this legislation, the has made significant progress toward means to be an American. Office of Hawaiian Affairs acknowl- equality. This bill, it has been observed, would edges what the goals are under the Unfortunately, this bill—whatever create a race-based and racially sepa- Akaka bill. It says: good the intentions may be, and I rate government for Native Hawaiians. The Native Hawaiian people may exercise grant those without any argument— It has been observed by the U.S. Su- their right to self-determination by selecting the bill threatens to undermine all of preme Court in the year 2000 in the another form of government, including free the progress we have made by estab- Rice v. Cayetano lawsuit that this leg- association or total independence. lishing a race-based government and islation is actually addressed to limit The concept of any people within the requiring the Federal Government en- participation in a government based on confines of the United States claiming force its creation. one’s consanguinity or bloodline, is in their total independence is not un- There are the bill sponsors, the Gov- effect a proxy for race. What we are known to our Nation’s history. Six ernor of Hawaii, and the Attorney Gen- talking about is participating in the hundred thousand people died in a civil eral, who argue that the bill does not benefits of being a Native Hawaiian war, claiming a right to independence establish a race-based government. In- based upon race and racial differences from the Union. There has been much deed, they say that the bill neither fur- rather than saying to anyone and ev- bloodshed, many lives lost, to preserve ther balkanizes the United States nor eryone that America remains a nation this great Union that we call the sets up a race-based separate govern- where anyone and everyone, based United States of America. ment in Hawaii. upon their hard work, based upon their When I say this seemingly innocuous With all due respect, a plain reading willingness to try to accomplish the legislation raises profound issues that of the legislation indicates otherwise. most they can with the freedoms that affect who we are as a Nation and what The bill clearly states that only Native we are given—it is totally in contradic- we will be as a Nation, I mean that in Hawaiians can participate in the newly tion to that goal and that aspiration all sincerity. This legislation would be established community, period. And a we have for all Americans. It is impor- a serious step backward for our Nation Native Hawaiian is defined in part as tant to address some of the specific al- and could not be any further from the ‘‘[o]ne of the indigenous, native people legations that have been made. American ideal. of Hawaii and who is a direct lineal de- First of all, this is equivalent to cre- From the beginning, Americans have scendant of the aboriginal, indigenous ating an Indian tribe. The State of Ha- been a people bound together not by native people.’’

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.085 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5575 But perhaps the most troubling de- Mr. STEVENS. Can Senator AKAKA our longstanding commitment to the scription of the bill comes from our yield me some time to comment on the rights of our indigenous people. It en- friends, the Senators from Hawaii: legislation? sures that Native Hawaiians will have . . . the first step is to create a list of Na- Mr. AKAKA. Mr. President, I yield the same type of recognition afforded tive Hawaiians eligible . . . The individuals such time as the Senator desires from to American Indians and to Alaska na- on the list will be verified by a commission our side. tives by the act of 1971. of individuals in Hawaii with demonstrated The PRESIDING OFFICER. The Sen- The U.S. Government has a responsi- expertise and knowledge in Hawaiian gene- ator from Alaska is recognized. The bility to Native Hawaiians, as it does alogy. The list will be forwarded to the Sec- Chair notes the Senator still has 21⁄2 to all indigenous people under our Con- retary of the Department of Interior who is minutes remaining on the majority stitution. The Constitution vests Con- authorized to certify the list only if the Sec- retary is fully satisfied that the individuals time as well. gress with the authority to promote meet the necessary criteria. Mr. STEVENS. I ask unanimous con- the welfare of all Native American peo- sent I be allowed to speak using the ple and to help foster their success. In other words, the legislation re- time of the Senator from Hawaii. They Like the Alaska Native Claims Set- quires that the Federal Government can reserve their time. tlement Act, the bill before us, when it hire Federal employees to serve on a The PRESIDING OFFICER. Without is enacted, will create a framework race-based commission that itself objection, it is so ordered. which ensures Native Hawaiian groups would use a racial test to determine Mr. STEVENS. I am in support of the can address their unique cir- membership in the race-based so-called legislation, and I will take my time cumstances. ANCSA was a crucial step tribe. from the other side of the aisle. in responding to the concerns of Alaska I ask my colleagues to explain to me The PRESIDING OFFICER. The Sen- natives. It empowered them to improve how this does not ‘‘set up a race-based ator is recognized. their own position. The Akaka bill of- separate government in Hawaii.’’ It Mr. STEVENS. Mr. President, I am fers Native Hawaiians the same oppor- seems that if words have any meaning, saddened to hear some of the com- tunity. the truth is plain to see that it does, ments I have heard today in the Sen- Our Federal policy of self-determina- indeed, establish a race-based system ate. Most people do not understand the tion and self-governance has not been without precedent in American his- circumstances that existed in both of formally extended to Native Hawai- tory. our offshore States. ians. This omission unfairly singles What concerns me even more is that I have come to the Senate to support them out for disparate treatment from the proponents claim the legislation the Native Hawaiian Government Reor- our Federal Government. It deprives will not balkanize the United States. ganization Act introduced by my good them of the processes by which other But this claim virtually ignores the en- friends from Hawaii. I support this bill native groups may negotiate and re- tirety of our Nation’s long and historic not only because of my friendship and solve issues with the Federal and State struggle over issues of race from slav- respect for Senator INOUYE and Senator governments. In my judgment, it is ery to Jim Crow laws and beyond, laws AKAKA but also because it is the right time to right this wrong. and policies that define our people thing to do for the Hawaiian people. I This bill will fulfill our Federal obli- based on race are bound to ultimately have visited with the Hawaiian people gation to Hawaii’s native people. The fail. very often on this subject. Akaka bill authorizes the United Furthermore, by claiming to create Alaska, similar to Hawaii, has a rich States, the State of Hawaii, and the an analogy to an Indian tribe out of history shaped by native cultures and Native Hawaiian Government to con- Native Hawaiians scattered across the traditions. These customs are a vital duct negotiations. Their discussions planet, Congress will be giving the new part of our heritage. My commitment will address the unique issues facing government some of the same benefits to protecting and preserving the cul- Native Hawaiians. These steps will help as other Indian tribes. Yet the new ture of Alaskan Natives spans now ensure the future prosperity of the Na- government will operate at a very dif- more than four decades. I believe Na- tive Hawaiian people. ferent environment with no geographic tive Hawaiians deserve this protection The bill offered by the Hawaiian dele- boundaries nor physical communities. as well. gation has garnered widespread sup- The people who may be confirmed as While our Alaskan Native commu- port. The legislation reflects the rec- Native Hawaiians are completely inte- nity still faces many challenges, their ommendations made by the Depart- grated with all others throughout Ha- position has been improved because of ment of Justice and the Department of waii and throughout the 50 States. De- legislation which clarified their rela- the Interior in the reconciliation re- veloping this government will create a tionship with our State of Alaska and port they published in 2000. The Gov- large number of structural and prac- with the Federal Government. ernor of Hawaii, the Hawaii State leg- tical difficulties that one can only Soon after I came to the Senate—and islature, and a majority of the Hawai- imagine. that was in 1968—I began working to ian people support this bill. Both the Since time is short today, and it is settle the unresolved claims of our National Congress of American Indians my sincere hope that our colleagues Alaskan Natives. Many of the argu- and the Alaska Federation of Natives will vote against cloture on this bill, I ments against the Hawaiian bill now have passed resolutions in support of will reserve additional comments for a made by the opponents of this legisla- this bill. later time. tion were made by those who opposed Just as I sought to protect the rights I conclude by saying this is an idea the Alaskan Native Claims Settlement of Alaska natives, Senators AKAKA and that runs completely counter to Amer- Act enacted in 1971. But time has prov- INOUYE are fighting for the rights of ica as a melting pot, which has been so en them wrong. The Alaskan Native their native people in Hawaii. They often used to describe our Nation as a Claims Settlement Act did not create have my full support. They have the Nation that is comprised of many races States within our State. It did not lead support of the Alaska people. I believe and many ethnicities, people of wildly to secession. It did not lead to anyone they have the support of those who divergent beliefs. But the one thing we trying to create a nation within our want to see these wrongs righted. do agree on is the founding ideals that Nation. Those who argue that the bill The time has come to fulfill our com- have made America unique, none of before the Senate will lead to secession mitment to these indigenous people which is more important than equal ignore the history. More than 562 In- and to address the needs of the Native justice under the law. If we are to em- dian tribes are recognized by our Fed- Hawaiians. We can no longer deny our brace for the first time in American eral Government. Nation’s responsibility to promote history, as a matter of our legislative Not one of those tribes has sought to their welfare as much as we have pro- actions, race-based distinctions for secede from their State or from the Na- moted the welfare of the Indian people Americans, it will be a day we will long tion. Federal recognition of these and the Alaska native people. rue and will be a black mark in our Na- tribes has not prompted any State that The Native Hawaiian Government tion’s long march toward equal justice. they call home to try to secede from Reorganization Act is a step towards I yield the floor. our Union. The Akaka bill reaffirms meeting our Federal commitment to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.086 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5576 CONGRESSIONAL RECORD — SENATE June 7, 2006 Native Hawaiians. It is long overdue. I waiian communities to engage them- particularly, for his tireless efforts to have come to urge our colleagues to selves in and reorganize their gov- bring this to the floor. When people all support cloture and vote in favor of erning entity to establish a federally across the country didn’t know about this legislation. recognized government-to-government this issue, Senator AKAKA was the one I am sorry we are no longer really a relationship with the United States of who made sure we did. He has been a debating body. I would love to debate America. The process set forth in the champion for the people of Hawaii. He this. I would love to try to ask them to bill empowers Native Hawaiians to ex- is always working hard and thinking understand what happened in Alaska. plore and address the longstanding big to realize this ideal for the native The rights of Alaskans aren’t the same. issues resulting from the overthrow of population of his State. They are truly There were people who said: You can’t the kingdom of Hawaii. fortunate to have Senator AKAKA as do that; that will create a State within There are three main provisions of their Senator. a State. There were people who said: the Native Hawaiian Government Reor- I urge my colleagues in the Senate to You can’t do that; they will rebel ganization Act. vote for the Native Hawaiian Govern- against the United States. First, the bill establishes the Office ment Reorganization Act of 2005. I will These people are good Americans. of Native Hawaiian Relations in the be proud to add my vote to the roll They serve in our military. They just Department of the Interior to serve as call. have a different culture, and it has a liaison between the Native Hawaiians I yield the floor. never been recognized by our govern- and the United States. The PRESIDING OFFICER. The Sen- ment as it should. It was done in Alas- Second, the bill establishes the Na- ator from Hawaii. ka in 1971. It is long overdue here. tive Hawaiian Interagency Coordi- Mr. AKAKA. Mr. President, before I I ask unanimous consent that the nating Group that will be comprised of yield time to the Senator from Alaska, time between 6 and 6:30 be controlled Federal officials from agencies that ad- I would like to say a word about seces- by the majority, and the time between minister Native Hawaiian programs. sion. This bill in no way allows the 6:30 and 7 be controlled by the minor- These provisions are intended to in- State of Hawaii to secede from the ity. crease coordination between Native United States. To reiterate my prior The PRESIDING OFFICER. Without Hawaiians and the Federal Govern- statement, I support addressing the objection, it is so ordered. ment. legal and political relationship be- The Senator from Hawaii. And third, the bill provides a process tween Native Hawaiians and the United Mr. AKAKA. Mr. President, I yield as for reorganizing the Native Hawaiian States within Federal law. I do not much time as he needs to the Senator government entity. Once the entity is support independence. I do not support from Illinois. reorganized and recognized, there is a secession of the State of Hawaii from The PRESIDING OFFICER. The Sen- process of negotiations to resolve long- the United States. ator from Illinois is recognized. standing issues such as the transfer of This bill extends the Federal policy Mr. OBAMA. Mr. President, I rise in and jurisdiction over lands, natural re- of self-governance and self-determina- support of the Native Hawaiian Gov- sources, and assets. tion to Hawaii’s indigenous peoples, ernment Reorganization Act of 2005. Support for this bill comes not only thereby providing parity in Federal Although I am a proud Illinoisan, from the people of Hawaii but from policies toward American Indians, proud to be the junior Senator from Il- people all across America. This bill Alaska natives, and native Hawaiians. linois, many of you know that I was also is supported by the indigenous The bill focuses solely on the relation- born and raised in Hawaii. Anyone who peoples of America, including Amer- ship between the United States and Na- has been fortunate enough to visit or ican Indians and Alaska natives. As tive Hawaiians within the context of call Hawaii home, as I once did, and as Americans, we pride ourselves in safe- Federal law. my grandmother and sister and ador- guarding the practice and ideas of lib- None of the numerous federally rec- able niece still do, anybody who has erty, justice, and freedom. By sup- ognized tribes have been accused of spent time in Hawaii cannot help but porting this bill, we can continue this seeking to cause their State to secede recognize the uniqueness of the place. great American tradition and fulfill from the Union because of their legal In addition to its scenic landscapes and this promise by affording Native Ha- and political relationship with the rich history, it is the living legacy of waiians the opportunity to recognize United States. Such claims are false aloha—the spirit of openness and their governing entity and have it rec- and meant to instill fear in those who friendliness that is ingrained in the ognized by the Federal Government. are unfamiliar with the nature of gov- shared, local culture that shapes and As someone who grew up in Hawaii ernment-to-government relations be- enhances each island encounter and ex- and has enormous love for the Hawai- tween tribal entities and the United perience. ian culture, I also think it is impor- States. Throughout Hawaii’s history, indi- tant, as I know the two Senators from Given Hawaii’s history, I have a viduals of all nationalities, races and Hawaii will acknowledge, that there small group of constituents who advo- creeds have found solace in Hawaii. In have been difficulties within the com- cate for independence. Why? Because large part this stems from the culture munity of Native Hawaiians, often- there hasn’t been a structured process of Native Hawaiians, who have always times despite the fact that we are visi- to deal with the longstanding issues re- acknowledged and celebrated diversity. tors to Hawaii; that many times par- sulting from the overthrow. The ab- This incorporation of new cultures and ticularly young Native Hawaiians have sence of a process to resolve the issue practices over the years has strength- had difficulties in terms of unemploy- has led to frustration and desperation. ened and unified the community. And ment, in terms of being able to inte- My bill provides a structured process as the child of a black father and a grate into the economy of the islands, to begin to address these longstanding white mother, I know firsthand how that some of the historical legacies of issues. Contrary to the claim of divi- important Native Hawaiian efforts are what has happened in Hawaii continue siveness, my bill goes a long way to to foster a culture of acceptance and of to burden the Native Hawaiians for preserve the unity of the people of Ha- tolerance. many years into the future. waii. For this reason, I am proud to join This bill gives us an opportunity not I yield time from our side to Senator Senator DANIEL AKAKA to extend the to look backward but to help all Ha- MURKOWSKI of Alaska. Federal policy of self-governance and waiians move forward and to make The PRESIDING OFFICER. The Sen- self-determination to Native Hawai- sure that the Native Hawaiians in that ator from Alaska is recognized. ians. Native Hawaiians are a vital part great State are full members and not Ms. MURKOWSKI. I thank the Sen- of our Nation’s cultural fabric, and left behind as Hawaii continues to ator from Hawaii for his leadership on they will continue to shape our coun- progress. this issue, for his leadership on behalf try in the years to come. This is an important piece of legisla- of the people of Hawaii. There is so The Native Hawaiian Government tion. I take a minute to commend the much in common that the Alaskans in Reorganization Act provides both the senior Senator from Hawaii, Mr. the north share with our neighbors in process and opportunity for Native Ha- INOUYE, and most of all Senator AKAKA, the Pacific. I would like to take a few

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.088 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5577 moments to speak a little bit about the Leading constitutional scholars, in- But for me the most gratifying thing history and how the history of our cluding our esteemed Chief Justice is to see young native people who are Alaska Natives ties in with the Native John Roberts, have argued that Native leading their communities into the new Hawaiians and why I stand today in Hawaiians also fall within the purview millennium. You see them in manage- support of the legislation offered by of the Indian Commerce Clause. I think ment and developmental positions ev- Senator AKAKA. it is high time that this Congress con- erywhere in the Alaska native As Abraham Lincoln is revered by firm that they do. healthcare system. the African American community as The American Indian Law Deskbook, The institutions created and fostered our first civil rights President, Richard 2d edition, authored by the Conference by the Alaska Native Claims Settle- Nixon is held in esteem by America’s of Western Attorneys General, an asso- ment Act have helped countless native native people for his doctrine of self- ciation of state attorneys general, young people pursue educational oppor- determination. President Nixon knew quotes the U.S. Supreme Court’s deci- tunities at the undergraduate and that in order for the native people to sion in United States v. Antelope for graduate level. Young people from the break out of the despair and poverty this point. villages of rural Alaska are going off to that gripped their lives, they would Congress may not bring a community or school and returning with MBAs and need to be empowered to take control body of people within the range of its Indian degrees in law and medicine, nursing, of their own destiny. One of President Commerce Clause by arbitrarily calling education and social work. them an Indian tribe, but . . . the questions As I visit the traditional native vil- Nixon’s legacies to America’s first peo- whether, to what extent, and for what time ples is the Indian Self Determination they shall be recognized and dealt with as lages in my State of Alaska, it is evi- and Educational Assistance Act. An- tribes are to be determined by the Congress, dent to me that the Alaska Native other one is the Alaska Native Claims and not by the courts. Claims Settlement Act accomplished Settlement Act. These two pieces of As anyone who has been to law much more than settling land claims legislation eliminated any doubt as to school knows, when the courts apply and creating native institutions. This whether the Native people of Alaska arbitrariness as the standard of review, legislation empowered a people. The were recognized as among the first peo- they are highly deferential to the ini- Native people of Alaska have regained ple of our United States and were, tial decision maker, whether that deci- their pride in being native. Even as na- therefore, eligible for the programs and sion is made by the executive branch or tive people are pursuing careers that services accorded to Native people. the legislative branch. their ancestors never considered, there Yet it took more than a century from And the new 2005 edition of Cohen’s is a resurgence of interest in native the time the United States acquired Federal Indian Law treatise, which has languages and native culture in many Alaska from Russia for the legitimate historically been regarded as the defin- of our native communities. claims of Alaska’s native people to be itive authority on Federal Indian Law The empowerment of Alaska’s Native resolved. One hundred and three years notes that ‘‘no Congressional or execu- people also enriches the broader Alaska to be exact. President Nixon signed the tive determination of tribal status has community. Thousands of Alaskans Alaska Native Claims Settlement Act been overturned by the courts’’ and in- participate in programs offered by the into law on December 18, 1971. It has deed the Supreme Court has never re- Alaska Native Heritage Center in An- been amended by Congress to clarify fined the arbitrariness standard to chorage. The Athabascan Old Time one ambiguity or another on numerous which I referred. Fiddler’s Festival and the World Es- occasions since. The Alaska Native Claims Settle- kimo-Indian Olympics enable the na- The Indian Commerce Clause of the ment Act was most importantly, a set- tive people of Interior Alaska to share United States Constitution, which pro- tlement of land claims. But it has their culture with the Alaska commu- vides the legal basis for our Nation’s turned out to be so much more for nity. special relationship with its native Alaska’s native people. It created na- At the time the Alaska Native people, speaks of the authority of Con- tive owned and native controlled insti- Claims Settlement Act became law, gress to regulate commerce with the tutions at the regional and village some believed that it would balkanize Indian tribes. It is now well established level. These institutions, the Alaska the State of Alaska and separate peo- that this provision of the Constitution Native Corporations, have functioned ple from one another. As we approach is the legal basis for our Nation’s spe- as leadership laboratories, helping a the 35th anniversary of the Alaska na- cial relationships with the Native peo- people who traditionally lived a sub- tive land claims settlement, I can state ples of Alaska. sistence lifestyle gain the skills nec- with confidence that this single step of Some of Alaska’s native people re- essary to run multi-million-dollar eco- recognizing the legitimate claims of gard themselves as Indians. But the Es- nomic enterprises. I am not only refer- Alaska’s native peoples has made our kimo and Aleut peoples of Alaska, who ring to the profit-making corporations State a better place. It strengthened have also been recognized by this Con- created by the act, but also the people our ties to the past. It strengthened gress and the courts as deserving of the serving institutions that manage In- our sense of community. It enables all special relationship, most certainly dian Self Determination Act programs. of us, native and non-native alike to would not regard themselves as Indi- The Alaska native health care deliv- take pride in Alaska. ans. ery system is a prime example of Presi- Some 112 years have passed since the In Alaska, the basic unit of native or- dent Nixon’s self-determination poli- overthrow of the Kingdom of Hawaii, ganization is the village and while cies at work. At one time the Federal depriving the Native Hawaiian people some villages refer to themselves as Government administered the delivery of their self-determination and their ‘‘tribes,’’ many native villages do not. of health care to the native people of land. Some 112 years after the Native The Inupiaq Eskimo villages carry Alaska through the Indian Health Hawaiian people came under the con- names like the native village of Bar- Service. Today, the native people ad- trol of the United States, I am sad to row, the native village of Kaktovik, minister their own health care delivery note that their status among the ab- and the regional governing body of system under a self-governance com- original peoples of the United States North Slope Inupiaq Eskimos refers to pact with the Federal Government. remains in controversy. itself as the Inupiaq Community of the This healthcare system is recognized This controversy persists even Arctic Slope. around the world as a laboratory for though the Congress has enacted more Alaska’s native peoples are Aleuts, innovation. It is a pioneer in the use of than 150 separate laws that recognize a Eskimos and Indians and their units of telemedicine technology to connect special relationship between the Native organization include entities like tra- clinics in remote villages to doctors at Hawaiian people and the United States. ditional councils, village councils, vil- regional hospitals, and at the advanced Among these laws is the Hawaiian lage corporations, regional consortia Alaska Native Medical Center in An- Homes Commission Act of 1921, which and subregional consortia. Yet neither chorage. Confidence in the quality of set aside lands for Native Hawaiians the Congress nor the Federal courts care delivered by the native healthcare much like the Alaska Native Allot- deny all fall within the purview of the system rose when native people took ment Act set aside lands for Alaska Indian Commerce Clause. over the system. Natives.

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.089 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5578 CONGRESSIONAL RECORD — SENATE June 7, 2006 Now you would think that if Native that will flow from its enactment. I, there for us in our long fight for Alaska Na- Hawaiians were regarded as not having for one, am unwilling to speculate on tive rights, including subsistence; Now the status of Indian people under the the outcome of the negotiations be- therefore be it Commerce Clause, that the Congress tween the United States, the State of Resolved, That the Board of Directors of the Alaska Federation of Natives declares its would not have set aside land for them Hawaii, and the organization of Native unqualified concern for, and support of, the or made them eligible for the sorts of Hawaiians established by this legisla- Hawaiian people in their quest for federal programs and services for which native tion. This legislation on its face states recognition as indigenous people of the people are eligible. But the Congress that it does not authorize Indian gam- United States; and be it further has done so time and time again and ing, it does not vest the Native Hawai- Resolved, That the Alaska Federation of Presidents continue to sign these bills ian organization formed under its pro- Natives’ Board of Directors direct the Presi- into law. visions with civil or criminal jurisdic- dent and staff to assist the State of Hawaii’s I am referring to the inclusion of Na- tion, and it does not require that Fed- political leadership in this critical effort, by all appropriate means. tive Hawaiians in laws like the Native eral programs and services to other ab- American Programs Act of 1974 and the original peoples of the United States be Ms. MURKOWSKI. Celebrating the Native American Graves Protection reduced in order to provide access to distinctive cultures and ways of our and Repatriation Act, which protect the native peoples of Hawaii. It also first peoples strengthens of us. The the interests of all of America’s native does not create Indian reservations in Alaska Native Claims Settlement Act peoples. Hawaii. has stood the test of time and proven I also refer to laws such as the Native Sharing and inclusion are funda- to be a good thing for the people of Hawaiian Healthcare Act and the Na- mental values to the native people of Alaska—native and non-native alike. tive Hawaiian Education Act which Alaska. The Alaska Federation of Na- During his introductory remarks, the specifically rely on Congress’s plenary tives, which is the oldest and most re- Senator from Tennessee, Mr. ALEX- power over matters involving Indians spected organization representing all of ANDER, drew some distinctions between for their authority. Alaska’s native peoples, strongly sup- the situation of the Native Hawaiians This controversy persists even ports the inclusion of Native Hawaiians and those of Alaska Natives. I would though this Senate passed by a margin among our first peoples, just as it sup- like to offer a few observations for the of 65–34, an Apology Act in 1993 which ports the legitimate claims of the Vir- RECORD. was ultimately signed into law as Pub- ginia tribes and those of the Lumbees It is true that some Alaska Natives lic Law 103–150. Through this Apology of North Carolina. I ask unanimous now and at the time the Alaska Native Act, the Congress expressed its com- consent that the AFN’s resolution of Claims Settlement Act of 1971 was en- mitment to provide a proper founda- acted live in Alaska Native villages. tion for reconciliation between the support be printed in the RECORD. There being no objection, the mate- Those villages have never been re- United States and the Native Hawaiian garded as Indian reservations. Non-Na- people. rial was ordered to be printed in the RECORD, as follows: tives live in Alaska Native villages The bill before us, S. 147, is the log- alongside Alaska Natives. IN SUPPORT OF THE HAWAIIAN PEOPLE ical next step in the process of rec- But more significantly, the Alaska Whereas: the aboriginal people of the Ha- onciliation. It is the product of many Native Claims Settlement Act of 1971 years of hard work by our esteemed waiian Islands, like Alaska Natives and Indi- ans of the Lower 48 states, have long been did not require that one reside in one colleagues, Senator AKAKA and Senator the victims of colonial expansionism and ra- of the Alaska Native villages or even in INOUYE. It has earned the support of cial discrimination; and the State of Alaska to be a beneficiary the Governor of Hawaii, the Honorable Whereas: the Office of Hawaiian Affairs, a of the settlement. All it required it Linda Lingle, and the support of the unit of state government, has for years ad- that an individual have as a result of Hawaii Legislature. It is endorsed by ministered trust funds for the benefit of Na- one’s ancestry a specified quantum of every major Indian group in our Na- tive Hawaiians under the aegis of a Board of Aleut, Eskimo or Indian blood to be an Directors elected by Native Hawaiians; and tion—the National Congress of Amer- initial shareholder in an Alaska Native ican Indians, the Alaska Federation of Whereas: in the recent Rice v. Cayetano Corporation. The Federal Government Natives and the Council on Native Ha- ruling, the U.S. Supreme Court held that determined who was eligible to receive waiian Advancement. It has been care- this electoral process violates the Fifteenth Amendment to the United States Constitu- stock by formulating a roll of Alaska fully considered by the Senate Com- tion, which prohibits the use of race as an Natives. mittee on Indian Affairs which has re- eligibility factor in voting; and Recognizing rates of intermarriage ported the bill favorably to the full Whereas: the Rice decision opens the door among Alaska Natives, Congress has Senate. to additional lawsuits that would threaten amended this legislation to give de- First and foremost, it conclusively the status and well-being of Hawaiians—and resolves the issue of whether Native could create serious implications for Alaska scendants of a corporation’s original Hawaiians are aboriginal peoples Natives and other indigenous Americans; and shareholders an opportunity to partici- alongside American Indians and Alaska Whereas: the most experienced legal strat- pate in the corporations on a co-equal natives. This is a process that the na- egists in Hawaii, including the Governor and basis with those shareholders who had the Congressional Delegation, have deter- the requisite blood quantum. tive people of Alaska waited 108 years mined that the best response to the Rice de- to resolve. It is important for the Con- At the time that the claims act was cision is that the United States Congress passed Alaska Natives resided in every gress to resolve these issues in order to enact legislation specifically recognizing the assure that the programs we have en- Hawaiians as an ‘‘indigenous people’’ of the urban center of Alaska and many re- acted for the benefit of Native Hawai- United States; and sided outside of the State of Alaska. ians are free of constitutional chal- Whereas: the State of Hawaii, particularly They too lived as everyone’s next door lenge. when compared to Alaska, has generally neighbor and were mixed in with the It provides for the organization of treated its indigenous population with re- State’s population. Native Hawaiians in a form that the spect and it is now making a unified effort to In the 34 years since the claims act avoid the damage that Rice could do its own adult members of that community de- was passed more and more Alaska Na- future; and tives have relocated to regional hubs, termine by an open and transparent Whereas: there are several compelling rea- ballot. And it empowers that Native sons why AFN and the statewide Alaska Na- to Alaska’s largest cities, and to loca- Hawaiian organization to negotiate tive community should now stand up for the tions outside Alaska. Today, Anchor- with the State of Hawaii and the Hawaiian people during the struggle for their age is regarded as Alaska’s largest Na- United States of America over the di- appropriate legal status: tive village. Some even live in Hawaii. rection that Native Hawaiian self-de- (1) because it is the right and just thing to Yet they have not lost their status as termination may take. This is a mod- do; Alaska Natives in fact as in law. All re- (2) because all Americans have a vested in- main eligible for services customarily est piece of legislation that simply es- terest in healthy social relationships, racial tablishes a framework for negotiations tolerance, and political cohesion; and provided to American Indians and Alas- to take place in the future. (3) because the Hawaiian Congressional ka Natives under the law. Some of the opponents of this legisla- Delegation—and above all, Senators Daniel I trust in the judgment of my re- tion have set out a parade of horribles Inouye and Daniel Akaka—have always been spected colleagues, Senator AKAKA and

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.053 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5579 Senator INOUYE, and my friend, Gov- only tax that was energized not by eco- simply because they had a terrible ernor Lingle, that passage of S. 147 will nomic activity—in other words, usu- thing happen, which is they died, enrich the lives and spirits of all of the ally when you are taxed, you do some- maybe accidentally, and then you are people of Hawaii. thing that generates economic activ- going to say that instead of encour- I ask that my colleagues support clo- ity. You have a job so you have in- aging economic activity, which is what ture to enable us to debate S. 147. With come; you make an investment and the purpose should be of our tax laws, that, I yield the floor. make a sale of that investment, so you you are actually going to create a tax The PRESIDING OFFICER. The Sen- have capital gains. Whatever it is, it is which contracts economic activity. So ator from Hawaii is recognized. an economic event that you energize, it is discriminatory, inappropriate, and Mr. AKAKA. Mr. President, I thank that you initiate, and it has generated irrational, and on top of that, to make the Senator from Alaska for her sup- some sort of income to you. things worse, the United States has the port. I yield whatever time is left to The death tax is the only tax we have third highest estate tax, death tax rate the Senator from Arkansas, Mrs. LIN- which has nothing to do with economic of the industrialized world. In fact, our COLN. events. It just has to do with an unfor- rate is so high that we are even above— The PRESIDING OFFICER. The Sen- tunate luck of the draw. You are cross- and this is hard to believe—we are even ator has 18 seconds. ing the street and you get run over by above France. When you get above Mrs. LINCOLN. Mr. President, first a postal truck and die, which is enough France in an area of taxation, you have of all, I compliment my colleagues of an action to upset your day, and really started to suffocate economic from Hawaii, Senator INOUYE, and Sen- then the IRS comes by and they run activity, entrepreneurship, and cre- ator AKAKA especially, for sharing his over you again. So you end up not only ativity because they are sort of the time and for the incredible work they having your day totally ruined because poster child for basically how to make have done on behalf of the people they you got run over by the postal truck to an economy nonproductive and encour- represent in the State of Hawaii. I begin with, but then your family has age people not to work and basically be wanted to take this opportunity to—— their day ruined because they not only a socialist state. This whole concept of a death tax, The PRESIDING OFFICER. The Sen- lost you, but they suddenly have to pay first, makes no sense from the stand- ator’s time has expired. The next 30 this huge tax if you are an entre- minutes, by unanimous consent, is to point of tax policy; it is not generated preneur. by economic events, and it makes no be controlled by the majority. Does the The problem is that it hits most sense from the standpoint of economic Senator from Arkansas have a unani- discriminatorily that small entre- policy because it usually leads to con- mous consent request? preneur in our society who basically traction of growth rather than expan- Mrs. LINCOLN. Yes. I ask unanimous creates jobs—the small business per- sion of growth. And it certainly makes consent to proceed for 5 minutes. son—a person who has made an invest- no sense that the United States, which The PRESIDING OFFICER. Is there ment and built an asset throughout should be a bastion of the promotion of objection? their life. Maybe it is people who go entrepreneurship and a bastion of sup- Mr. GREGG. Reserving the right to out and start a restaurant, maybe em- porting family farmers, the family res- object, and I have no desire to object, ploy 10, 15, 20 people; people who go out taurant, the family gas station, the my time was starting at 6 o’clock, and and start a printing business or make family entrepreneur, is taxing those then Senator SESSIONS has 10 minutes. an investment in real estate, an apart- families at a rate which is higher than He needs to leave by 6:20. He is not ment, build housing for people. They the French do. here. I think that was the original are just getting going, they don’t have There is a proposal—in fact, really agreement. a whole lot of assets, and they are not there is a series of proposals—in the Would the Senator be willing to start very liquid usually—in fact, these folks Senate today and the next few days at 6:20 and have 5 minutes then? are not liquid at all because it is most- which will allow us to put in place a Mrs. LINCOLN. If there is an objec- ly tied up in real estate—and suddenly more rationalized approach to the tion, I will certainly yield. they have this traumatic event with death tax. To get to that point, we The PRESIDING OFFICER. Is there the key person in the family dying who have to have, it appears, a cloture vote an objection? maybe built this business and then on full repeal, which was the House po- Mr. GREGG. That will still be on our they get hit with a tax. sition. But three or four of our col- time, as I understand it. If the Senator Not only is it a tax which has noth- leagues have put forward ideas that do is agreeable, I suggest that at 6:20 she ing to do with economic activity, it is not involve full repeal—I support full be recognized for 5 minutes. actually a tax which has the ironic and repeal—but these are more modest ap- The PRESIDING OFFICER. Without unintended consequence, I presume— proaches. Senator KYL has been leading objection, it is so ordered. but it is exactly what happens—of ac- the effort in this area. Senator BAUCUS Mr. GREGG. Mr. President, I apolo- tually crushing economic activity and appears to be pursuing this effort. Sen- gize to the Senator, but Senator SES- reducing economic activity and, in ator SNOWE, I know, is pursuing it. SIONS advised me he wants me to be many cases, costing jobs because the There are options floating around the completed by 6:10. small family business or the farm, Congress—the Senate specifically— The PRESIDING OFFICER. The Sen- which was being operated by this sole which, hopefully, can be pulled to- ator from New Hampshire is recog- proprietor, in most instances, or this gether and moved forward. nized. small family unit, suddenly can’t find It truly is time to do this. We need to REPEAL OF THE ESTATE TAX itself capable of meeting the costs of put in place a clear statement of what Mr. GREGG. Mr. President, I rise paying the estate tax—it didn’t ever the tax policy is going to be if you have today to support the effort which is plan for that or if they did plan for the unfortunate experience of being being pursued in the Senate in a bipar- that the cost of planning for that was run over by a postal truck. And it tisan way, I certainly hope, to rid our- pretty high—and so they have to sell should be a clear statement that if you selves of the death tax, especially as it their assets which usually means the are a small entrepreneur with a family- applies to smaller estates. people they employ are at risk or type business or a farm, that your fam- The death tax makes virtually no maybe they have to just close down the ily is not going to be wiped out by the sense from a standpoint of tax policy. whole operation. IRS coming in on top of this terrible Before I was elected to the Senate and So the economic activity contracts, event and taking basically a dispropor- before I got into public office, I was an and instead of having a business that tionate and inappropriate share of your attorney. At the time, I went back to might have been growing, you end up assets and basically contracting and graduate school for 3 years and got a with a forced sale, the practical effect eliminating your business and putting graduate degree in tax policy and tax- of which is you contract economic ac- your family’s livelihood at risk. ation, an LLM, as it is called. One of tivity. The reason we need to do it now, the areas I specialized in at that time First you have this really incompre- even though most of this won’t take ef- was estate tax planning. It always hensible concept that you are going to fect until 2010, I can tell you as an es- seemed ironic to me that this was the tax people not for economic gain, but tate tax planner before I took this job,

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.046 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5580 CONGRESSIONAL RECORD — SENATE June 7, 2006 before I got into public service, you because they won’t have the money to nomic Advisers, has written two times need that lead time to do it right. You do it. He said we are capping off the that in her opinion the cost of compli- just can’t overnight plan for tax policy. growth rate, instead of allowing that ance and avoidance—as the big, You have to have lead time, you have company to devolve to his heirs so it wealthy people spend a lot of money to have a clear statement of what the would continue to be run in that fash- trying to avoid this tax—may be as tax policy is going to be, and consist- ion. high as the revenue raised. How hor- ency is critical. Putting this in place Think about a person who may own rible is that, to have a tax that costs as now so it will be effective in 2011, 5,000 acres of land, let’s say. That much to collect as it brings in in rev- which is what most of the proposals sounds like a lot. They have managed enue? are, is absolutely essential if we are well. They have been a good steward I have a deep concern about the scor- going to have an effective reform of for 50, 60 years. They saved money. ing that has been produced by the this death tax law which we presently They drove an old pickup truck. They Joint Tax Committee on this death tax have. have a modest home. They are frugal. repeal. I do not believe it is accurate. I Mr. President, I see the Senator from We know people like that. have not believed it has been accurate Alabama is in the Chamber. I yield the What about International Paper? for quite some time. The Wall Street floor. They own millions of acres of land. Journal just devastated their analysis The PRESIDING OFFICER. The Sen- International Paper will never pay a a couple of days ago in an article. I be- ator from Alabama is recognized. death tax. But yet this landowner who lieve it is absolutely incorrect. I would Mr. SESSIONS. Mr. President, I is competing—maybe they have a for- note that they scored the reduction of couldn’t agree more with Senator estry business—competing, in a way, the capital gains tax a few years ago, GREGG’s comments. He is someone who directly against International Paper. reduced it from 20 to 15 percent, as has had experience with the estate tax. But every generation of this family, costing the Federal Government bil- He understands these ramifications Robert Johnson, the motel owner, has lions of dollars. The truth is, the Fed- well. to pay a tax the big guys don’t pay. Do eral tax revenues from capital gains in- My college professor, Harold you want to ask why we are seeing con- creased when the capital gains tax was Apolinsky, in Birmingham, one of the solidation of wealth in America today? reduced, and they missed it by more great estate tax lawyers in the coun- I submit to you that is the reason. than $80 billion. They had a reduction try, has dedicated his career in recent Independent bankers, funeral home di- projected, we ended up with a substan- years to eliminating this tax. He said rectors, they are selling out in large tial increase, and the difference be- it is the worst thing happening to our numbers. They can’t afford to manage tween their projection and reality was country, and it absolutely ought to be their business. They have to get liquid over $80 billion. Do you know they eliminated. He said: Even if it affects so if something happens to them, they won’t tell us how they compute this my business, I am doing this because I can pay the death tax. It brings in less death tax cost? They will not tell the think it is the right thing to do. He has than 1.3 percent of the income to the Members of this Senate what their inspired me to be active in this area. United States Government. I submit working numbers are. I would like to share three stories. the way it is working today is destroy- So I will give some more information I was traveling in a small town in ing competition. It is hurting, sav- on my concerns about the score, but I Alabama. A man came up to me with aging, killing off vibrant, growing will again note that it brings in less his son. They have three motels. He small businesses, the family-owned en- than 1.3 percent of the revenue to the was sharing with me their frustration tities that need to be competing Government. It is time to eliminate it. that they had to take out an insurance against the big guys. It will be great for our economy. It will policy that cost the family $80,000 a It reminds me of going into a forest eliminate a tax that costs as much to year because if something happened to of trees and there is this little tree try- administer as it does to collect. It will him, they had no cash—they had built ing to grow up in the middle of the for- stop savaging small businesses. It will motels, they were investing in a grow- est and somebody just comes in every stop preying on families during the ing economy and expanding this small generation and chops off the top of the most painful time in their lives: the business and they had no cash—and little tree. How can it ever compete death of a loved one. they would be faced with a death tax. against the big guys if it has to pay a I yield the floor. I want my colleagues to think about tax they don’t pay? The PRESIDING OFFICER. The Sen- this: Against whom is this small busi- I believe it is important for us for a ator from Georgia is recognized. ness family competing? It is competing lot of different reasons. This is why I Mr. ISAKSON. Mr. President, I com- against Holiday Inn, Howard John- think we ought to eliminate the whole mend the Senator from Alabama, Mr. son’s, Courtyard Marriott, and who all thing: some of these companies are $50 SESSIONS, on his remarks. else—huge international corporations million, $100 million companies, but Mr. ISAKSON. Mr. President, Sen- that never pay a death tax—never pay they are tiny—$200 million, $300 mil- ator SESSIONS is absolutely correct, it. But this closely held family busi- lion, but they are tiny compared to Senator GREGG is absolutely correct, ness can be devastated. And if we don’t these big, international corporations. and this Senate will be absolutely cor- change the law, as we all know, in 2011, Polls show that the death tax is the rect if we vote to go to cloture so we this tax will again be 55 percent of net most unfair tax—Americans consider it can proceed on the total repeal, or at worth over the base amount. the most unfair tax because people least an additional repeal, of the estate We need to be encouraging these have already paid their money. You tax. There are a lot of reasons, but I kinds of businesses. I got a call yester- earn money, and then you pay, if you want to try and make my point suc- day from Robert Johnson, the founder are in the higher income bracket, a 35- cinctly and I want to make it briefly and CEO of Black Entertainment Tele- percent tax rate, and then you buy an because I want to point out how puni- vision. He told me that the death tax asset with it, and a few years later, you tive the estate tax is today. was going to make it impossible for Af- die, and Uncle Sam comes in and he Most Americans are employed by rican Americans to continue to develop wants 55 percent of it. What kind of a small business; 75, 76, 77 percent of all wealth. He said he is competing against tax system is that? It is really a confis- Americans are employed by small busi- CBS, ABC, NBC, and Fox. He is not as cation. ness. It may be a restaurant, it may be big as they are, but he is competing. He Also, this is very important: Any a laundry, it may be a farm, it may be has made some money. If something good tax should be clear, fair, easy to a construction company, it may be a happens to him, the family is going to collect, and does not cost a lot of utility contractor just like the ones have to take out of his business huge money to collect. When you evaluate that are in town today lobbying all of amounts of cash reserves. What then the death tax by those standards, it is us for the best interests of their busi- will happen? BET will be put on the the worst tax of all. ness. Most people work a lifetime to sale block, and it will be bought, as he Alicia Munnell, a professor of finance build a business. They employ people said, by some big conglomerate. It will at Boston College and a former member to whom they pay income. The people not be bought by an African American of President Clinton’s Council of Eco- to whom they pay income pay income

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.092 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5581 taxes. Yet when the tragedy of death I want to address another point that The Senator should note that he is on comes, an individual owner of a small Senator SESSIONS made that is so im- majority time by a previous unanimous business dies, immediately they are portant for us to focus on as we listen consent agreement. Is there objection confronted with one of the most puni- to the two sides of this debate tonight to the Senator proceeding? There being tive and confiscatory taxes that has and tomorrow. You will have some no objection, the Senator from Con- ever been devised in the history of tax- come and they will take that score on necticut is recognized. ation. how much the repeal is going to cost Mr. DODD. Will the Chair repeat his Granted, we did a good job when we us, and they will talk about that score, statement? passed the accelerated improvements saying that is a reason we should not The PRESIDING OFFICER. The Sen- in the unified credit or the deduction repeal the estate tax or the death tax. ator is speaking under the majority on the estate tax. This year, based on I submit, as Senator SESSIONS did, that time previously agreed to under a the bill we passed a few years ago, score is dead wrong because just as the unanimous consent agreement. I pre- there is a $2 million exemption, and scoring of the reduction in the capital sume there is no objection to the Sen- that is a help, and it goes to $3.5 mil- gains tax was dead wrong a few years ator proceeding. lion in a couple of years. Then, magi- ago, this scoring is equally dead wrong Mr. DODD. I hear no objection, Mr. cally, the estate tax is repealed in 2010, and it is wrong for this reason: If that President. Since no one is on the floor, only to return to us a year later, to re- family business that was reduced to al- obviously, that makes it easier. turn to us at 55 percent. So we are ask- most nothing has to be sold, then along MARRIAGE PROTECTION AMENDMENT ing people who work a lifetime to save with what is sold is the jobs that went Mr. DODD. Mr. President, if I can, I and build a business, to plan, based on with it, the income that went with it, wanted to spend a couple of minutes on a tax that is here today, gone tomor- and the future taxes that were paid be- a matter that this body voted on this row, and then returns with a vengeance cause of it. morning. I was unavoidably absent this a year later. Think of this for a second. If someone morning at a family matter in Rhode To best illustrate what the estate tax has stock they have to sell and liq- Island, so I was not here for the vote. does to American small business, uidate in order to pay the one-time But I wanted to just take a minute or ranchers, and family farmers, I would capital gains tax, then it is gone for- so here to say to my colleagues and to like to do a little demonstration on the ever from the standpoint of the income others that had I been present this Senate floor. For the sake of argument, production that they otherwise would morning, I would have voted no on the let’s just round the 55 percent estate pay with dividends year in and year motion for cloture, and had cloture tax off to 50 percent, and let’s assume out. Wouldn’t we rather have people been invoked, I would have voted for a moment that a small business hold assets such as businesses and against the amendment. I am speaking owner, a family farmer, passes away stocks and real estate and pay taxes on of the proposed constitutional amend- and dies and their estate becomes its profitability and its income year ment that would have banned same-sex taxed at 50 percent. After the credit after year after year? Wouldn’t we marriages. that is available now, or when we get rather that happen than all at once to Like many of my colleagues who back to 2011, no credit at all, the take 50 percent, cause the business to have spoken on this matter, I believe United States of America and the de- be sold, the stock to be liquidated, the this is a matter that belongs in the partment of revenue, the IRS, want to real estate to be divided, and the rev- States. This is not a matter that ought tell the heirs of that estate that within enue never to be paid again? It is short- to be a part of the Constitution. I have 9 months of the death of that indi- sighted and it is wrong. been here for a number of years in the vidual, they want this much of that I hope the Members of the Senate, Senate, and over the history of this person’s estate. If one sheet of paper is when we come to the cloture vote to- great country of ours there have been the whole estate, they want half of it morrow, will recognize the death tax is over 11,000—more than 11,000 proposed in taxation. the third bite of the apple. We charge constitutional amendments. The Con- So when the first generation owner of people income tax when they earn in- gress and the Nation in its wisdom over a small business passes that business come, with what is left they make in- the years have adopted only a handful on to the second generation, after the vestments, and then as those invest- of those proposals—27 is the number of Government gets its half, there is only ments pay dividends or pay income, we amendments that have been adopted this much left. tax that, and then we say: When you since the formation of our country. Let’s assume that family is able, be- die, we want half of that asset. It is The reason for that, of course, is the cause of savings and because of bor- wrong. It is wrong for individuals, it is Founders insisted that it be not an rowing and because of productivity, to wrong for family farmers, it is wrong easy matter to amend the Constitution pay that 50 percent tax without liqui- for landowners, and it is wrong for and that we ought to amend the Con- dating the business, and that second America. stitution to correct problems in the generation small business owner oper- I urge all of my colleagues when the governmental structures or to expand ates that business, employs the work- cloture vote comes tomorrow to vote the category of individual rights such ers in that business, pays them the in- yes to bring about a meaningful debate as the first 10 amendments achieved in come that pays the taxes, but let’s as- on the repeal of the estate tax or the our Nation. sume that second generation person death tax, and let’s take that third bite Our Nation’s constitutional history meets their demise. And when they die, of the apple away from the Govern- clearly demonstrates that change to before they can pass that family busi- ment and put it back in the hands of our Constitution is appropriate on only ness on to the next generation, once the people, so those assets, farms, and the rarest occasions—specifically, to again, the IRS gets half of what is left. investments can be productive, not just correct problems in the government So in two generations, what was a for one year, but for a lifetime. structure or to expand the category of full estate ends up with three-fourths I yield the floor. individual rights such as the first 10 of it going to the United States Gov- The PRESIDING OFFICER. Who amendments which compose the Bill of ernment, and one-fourth of it left to seeks time? Rights. Notably, the amendment to es- the individual or family. Of course, Mr. ISAKSON. Mr. President, I sug- tablish prohibition is the only time that is in reality not really what hap- gest the absence of a quorum. that the Federal Constitution was pens because before that last passing The PRESIDING OFFICER. The amended for a reason other than those takes place, that business is sold or liq- clerk will call the roll. I just mentioned. uidated, or it is leveraged to such an The assistant legislative clerk pro- It was repealed 13 years after its en- extent that the amount of cost of the ceeded to call the roll. actment and has been judged by his- debt service on the leverage makes Mr. DODD. Mr. President, I ask unan- tory to be a failure insofar as it sought that business go from profitable to un- imous consent that the order for the to restrict personal liberty. profitable. That is why the estate tax quorum call be rescinded. The Framers deliberately made it is punitive. That is why it is wrong for The PRESIDING OFFICER. Without difficult to amend the Constitution. this country. objection, it is so ordered. They did not intend it to be subject to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.093 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5582 CONGRESSIONAL RECORD — SENATE June 7, 2006 the passions and whims of the moment. not the conduct of other American cou- fall. What worries me more than any- Time has proven their wisdom. Since ples going about their daily private thing else, however, is I think it is de- 1789, when the first Congress was con- lives. Instead, married couples and all signed to make people angry, to divide vened, there have been 11,413 proposals Americans are feeling the strain of us as a country. I am deeply concerned to amend the Constitution. Sixty-four high gas prices, soaring health care about the growing divisions occurring have been offered in this Congress costs, schools in need of reform, a slug- in our Nation. This is a time when we alone. Luckily, only 27 have been suc- gish economy, and a war in Iraq in ought to be coming together, when our cessful. If all or even a substantial which American men and women are leadership ought to be asking us to sit fraction of these proposed amendments fighting with courage. Yet this admin- down and try to come up with answers were adopted, our founding document istration and others in this body have on some of the overwhelming problems would today resemble a Christmas tree, little to offer to relieve these strains. we face—not problems that are so over- a civil and criminal code rather than a Instead, they seek legislation that will whelming we can’t answer them. In- constitution, and the United States only divide and distract Americans stead, we are spending that valuable would be a very different Nation. from the common challenges we should time on a matter that is clearly de- It is unfortunate that the majority be facing together. signed to do nothing more than inflame leadership of the Senate does not share This proposed constitutional amend- the passions of people in this country James Madison’s view that the Con- ment is not the best use of our time. rather than appealing to calm, to ra- stitution should only be amended ‘‘for We should be addressing the real needs tionality, to common sense, to good certain, great, and extraordinary occa- of American families. We should be leg- discourse as a way of addressing the sions.’’ islating. That is what we are elected to underlying issues. This is a great dis- Supporters of this proposed amend- do—to address issues like autism, un- appointment. Again, I would have voted no on the ment would like you to believe that derage drinking, the growing problem motion to invoke cloture. I am pleased there is currently an ‘‘assault’’ on tra- of obesity among our nation’s children, my colleagues from both parties, in a ditional marriage by some American and the threat of terrorism. But today bipartisan way, rejected that cloture couples and families that warrants we have not been afforded that oppor- motion. It was a good conclusion Federal action in the form of a con- tunity. Instead, today feels like reached here, and I regret I was not stitutional amendment to ‘‘protect’’ Groundhog Day. able to be here to cast a vote along the institution of marriage. They have It is another election year and we are with my colleagues who expressed a utterly failed to marshal even a mini- here discussing another issue that has similar point of view. mal degree of credible facts to support nothing to do with the great challenges THE ESTATE TAX such a claim. of our time. If I may, I wish to turn to the matter Indeed the facts suggest that there is Only on one occasion did we deviate at hand; that is, the debate regarding no such crisis. The Defense of Marriage from that practice and that was the the estate tax. The last time this body Act, DOMA, was enacted in 1996 to pro- adoption of the amendment dealing was scheduled to consider legislation vide a federal definition of marriage with the prohibition of the consump- to repeal the estate tax, the majority and to stipulate that no state should be tion of alcoholic beverages. That was a leader decided to postpone consider- required to give effect to a law of any complete deviation from the two situa- ation of this bill in the wake of the other State with respect to a definition tions in which the Founders intended devastation wrought by Hurricane of marriage. that we would amend the Constitution Katrina. The general consensus was it There has been no successful chal- of the United States. was unseemly for us to be talking lenge to the DOMA in the decade since I might point out that it was only a about having one-half of one percent— its enactment. Courts have never iden- few years after the adoption of the and that is what we are talking about, tified a Federal right to same-sex mar- amendment on prohibition that it was one-half of 1 percent of the population riage. States have never been forced to repealed by the Congress of the United of this country—receive a bonanza, if recognize an out-of-state marriage that States and the people across this coun- you will, by repealing the obligation to try. is inconsistent with its own laws. share part of their estates to con- And no church, temple, mosque, or It would be a mistake, in my view, to tribute to the growth and benefit of synagogue has been forced to perform repeat another error like that which our Nation. The decision was it would marriages inconsistent with the beliefs was committed in the early part of the be unseemly. of those who worship in them. For Con- 20th century when we adopted the pro- In fact, my good friend from Iowa, gress to step in now and dictate to the hibition amendment. the chairman of the Finance Com- Supporters of this amendment like to States how they ought to proceed in mittee, for whom I have a great deal of say that this debate is about an assault this matter thus runs counter to the respect, said, ‘‘It’s a little unseemly to facts. It also runs counter to the prin- on the institution of marriage. I do not be talking about doing away with or ciples of federalism and personal lib- believe that to be the case. I do believe, enhancing the estate tax at a time erty that many proponents of this con- however, that there is currently an as- when people are suffering.’’ stitutional amendment claim to hold sault on families. I am disappointed I agree with my colleague from Iowa. dear. this body is not spending the time allo- I agreed with him then; I agree with I am disappointed that we find our- cated for this debate talking about the him now. If it was unseemly to be talk- selves spending valuable time on the important issues families today. For ing about enhancing the wealth of the Senate floor debating this issue. Less example, we could be talking about the wealthiest in our society at a time than 2 years ago, the majority leader bill dealing with autism that my col- when the Nation was suffering from the brought the same measure to the league from Pennsylvania and I have devastation of Hurricane Katrina only Floor. It failed by a vote of 48 to 50. authored and we are trying to get at- a few short months ago, I suggest that There is no reason to think that it will tention on. Obviously the issues of en- problems have not abated so substan- not fail again. ergy prices, education, health care— tially that we can now make the case It is no coincidence that approxi- there are any number of issues I can that it is no longer unseemly, if you mately 5 months before the upcoming think of that we might have spent time will, to use his language, to adopt a midterm elections the Senator floor is discussing. We should be trying to provision here that would make it far being held hostage by the majority’s come up with some answers rather more difficult for us to address all of misguided priorities. I fear that some than debate a question which has mar- our other priorities as a Nation. of those leading the charge on this leg- ginal significance and minimal impor- I hope our colleagues will agree and islation are more interested in dividing tance for most people and which ought join with others in voting against clo- Americans for partisan gain than unit- really to be left to the States. ture on the motion to proceed to what ing the country to solve problems. Let me also suggest that the motiva- I consider to be irresponsible legisla- Make no mistake: married couples tions behind this may not be helping tion. are under considerable strain these families but instead inciting a political Today’s discussion is about prior- days. But the cause of that strain is debate for the elections coming up this ities, as it always should be. I have

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.047 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5583 supported lower taxes for working wise decision to make to just com- A few months ago, the administra- Americans, including responsible es- pletely repeal a tax that is so impor- tion and the majority of this body en- tate tax reform. I think it is wrong to tant for continuing our ability to meet acted a budget reconciliation bill, the have excessive estate taxes imposed on our obligations. so-called Deficit Reduction Act. This ordinary farmers and small businesses Let’s not forget we are a nation at bill made deep cuts to health care, owners out there who try to leave war, with American troops fighting and childcare, and education, with the bur- those businesses or land to their fami- dying in Iraq and Afghanistan, at a ter- den falling most heavily on working lies. Because of the modest incomes rible human and monetary cost. Re- Americans—in particular on low-in- most people in these groups make, they pealing the estate tax will cost some come parents and children, the elderly, $776 billion over 10 years, which would could find it impossible to do so under and people with disabilities. The Amer- fully be applied beginning after 2011. an excessive tax. ican people were told these cuts were Not a penny of this cost would be off- I note the presence of my good friend necessary because of the deep budget from Arkansas on the Senate floor who set. It would all be added to our Na- deficits our country was facing. Yet speaks eloquently about the farmers in tion’s debt, which is already now at $8.4 here we are today, having been told her State who have been left, genera- trillion. only a few months ago that this great tion after generation, farms and land I made the case a few weeks ago— budget reconciliation act was nec- for succeeding generations to continue how big is $8.4 trillion? If we were to go essary, despite the fact that we are their great traditions. The Presiding out on the Capitol steps out here and Officer comes from a State with a hand out a hundred-dollar bill every going to ask those who are the least strong agricultural tradition. All of single second, 7 days a week, 24 hours a capable in many cases of providing for our States have strong small business day, how long do you think it would their needs, feeling the tremendous components, and all of us understand take to pay off $8.4 trillion? I will tell pressure they are, here we are today the importance of allowing those fami- you the answer. It would take more only a few weeks later being told that lies to pass on to succeeding genera- than 2600 years—24 hours a day, 7 days we can afford to take $1 trillion out of tions the ability to continue those ef- a week, a one-hundred-dollar bill every the budget to serve one-half of 1 per- second, handing it out. It would take forts. But I hope my colleagues agree cent of the estates in this great coun- 2,635 years. That is the amount of debt as well, that talking about the total try of ours. we have accumulated over the last few elimination of this estate tax is, I years, and now we are about to add to Where is the logic in that? Mr. Presi- think, irresponsible. It goes too far that to the tune of almost another tril- dent, 99.5 percent of the estates in our when we start talking about providing lion dollars here if you take what the country would not be adversely af- such a massive benefit for only the revenue loss would be and the added in- fected by what we are talking about. largest one-half of 1 percent of estates. They would not pay an estate tax. Only I represent the most affluent State in terest cost of some $213 billion. That would be the revenue loss that would one-half of 1 percent would. Yet $1 tril- the United States on a per capita basis. result from repealing the estate tax. lion gets lost as a result of that deci- I presume as a percentage of my popu- More than a trillion dollars that would sion, over the next 10 years, at a time, lation I have a larger number of estates benefit no one at all outside the largest as I mentioned earlier, when we are not that would benefit from total repeal one-half of 1 percent of the estates in paying for the war and we find our- than most of the other members of this the United States; 99.5 percent of the selves in tremendous need if we start body, with the exception of my col- estates in the United States would not talking about education, health care, league, Senator LIEBERMAN. I can tell gain at all by the proposals to have a and homeland security, just to mention you that the few estates that can ben- modification or reform of the estate two or three items. efit as a result of the distinction we are tax. Each year of repeal on average Some proponents of the estate tax re- making between reform of the estate would cost roughly the same in today’s tax and total repeal seems to go too peal have propagated the myth that terms as everything the Government the estate tax disproportionately far, considering the revenue loss it now spends on homeland security and harms farmers and small businesses by would mean to our country. education. We are talking about a revenue loss forcing them to sell their family farm Over the past 51⁄2 years, the current on an annual basis that exceeds the en- administration has radically altered or business in order to pay the tax. tire amount of money we commit to el- our Nation’s economic and social well- This just is not true. It is a scare tactic ementary and secondary education. being, in my view. Median incomes used by those who will benefit from re- Think of that. The entire amount of have stagnated, poverty rates have peal to create support for their cause. money in the Federal budget toward el- risen, and more and more people are In reality, when the New York Times ementary and secondary education living without health insurance. Our asked the American Farm Bureau Fed- would be lost as a result of the com- troops have struggled with inadequate eration for real-life examples of a fam- plete and total repeal, rather than a body armor and other necessities of ily farmer forced to sell by the estate modest, intelligent, thoughtful, ration- battle. Farmers, workers, and small tax, not a single example could be al reform of this estate tax. We should business owners are contending with found. Not a single one. not bankrupt our Nation’s future for a rising interest rates, higher energy and Contrary to the misinformation that measure that would deliver no benefit health care costs, and growing global to anyone outside a few extremely has been spread, no one but the very competition. While these problems largest estates would ever pay this tax wealthy estates. have grown, the administration has se- I might point out that some of the on inherited wealth. This year, an indi- verely reduced our Nation’s ability to vidual can pass on as much as $2 mil- most wealthy Americans, people who meet them by driving our Federal lion and a couple can pass on as much would benefit the most from this total budget from surplus into deep deficit. repeal, have been the loudest, clearest Since the current President took of- as $4 million to their heirs, completely voices urging us not to do so. We ought fice, the Federal budget has declined free of any taxation whatsoever. With to take note that the Gates family, from a surplus of $128 billion to a def- these exemptions, 99.5 percent of all people like Warren Buffett, people like icit of more than $300 billion. The na- the estates in the United States would John Kluge, people who have made tional debt has risen to $8.4 trillion. In owe no tax at all. Those that will owe, great fortunes in this country and just 5 and a half years, the administra- only owe on the value of their estate made those great fortunes in their own tion has added more debt from foreign that exceeds the $2 or $4 million that I time, through creative work, not inher- creditors than every other President in just mentioned. With the exemption ited wealth, are urging us, despite the the history of the United States com- levels scheduled to rise in 2009 to $3.5 fact that they would benefit to the bined—in the last 5 years. million for individuals and $7 million tune of billions of dollars with a total Repealing the estate tax would make for couples, the percentage who will repeal—listen to the Warren Buffetts, these problems far worse, not better, owe a single cent in estate tax falls to the Bill Gateses, the John Kluges, and further hurt America’s ability to a mere 0.3 percent of the population when they tell you this would be an un- address our most pressing issues. that would pay any estate tax at all.

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.095 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5584 CONGRESSIONAL RECORD — SENATE June 7, 2006 So 99.7 percent of the American popu- century that they would take such a DURBIN to form the Senate Hunger lation would have no obligation what- significant step as to deprive this Na- Caucus. At that time, we pledged to soever. Yet we are about to enact legis- tion of the ability to have the revenue raise awareness about the hunger expe- lation here that would repeal this alto- we need in order to meet our obliga- rienced by millions of Americans, a gether. tions? majority of which are children and el- I do not understand that at all. How When the vote on cloture on this derly, and to forge a bipartisan effort do you explain to people today that matter occurs, I urge Members to vote to end hunger in our Nation. your child or your spouse serving in no. I am proud that we are working with Iraq or Afghanistan? We are being told There is a way to do this, and I think local, State, and national antihunger we don’t have enough money for body many of us are willing to support re- organizations to raise awareness about armor or to up-armor the vehicles they sponsible reform in the estate tax area. hunger, to build partnership, and de- drive, or that homeland security has to But the notion of total repeal, I think, velop solutions to end hunger. be cut because we don’t have the reve- is highly irresponsible. An example of a bipartisan initiative nues to support it. Yet we turn around I urge my colleagues to join in the to end hunger is the Hunger Free Com- and do something like this? Where is condemnation of that suggestion. munities Act which I introduced along the logic in this? Under these rules, the I yield the floor. with Senators DURBIN, SMITH, and number of Americans affected by the The PRESIDING OFFICER. The Sen- LUGAR. This bill calls for a renewed na- estate tax has declined dramatically ator from Arkansas is recognized. tional commitment to ending hunger already under current law, from 50,000 NATIONAL HUNGER AWARENESS DAY in the United States by 2015. Yet we people in 2000 to only 13,000 today, and Mrs. LINCOLN. Mr. President, I want find it hard to find 5 minutes to focus by 2009 the number will fall to 7,000. to take this opportunity to spend a few our attention on such an incredible Out of a nation of 300 million people, moments to talk about the 36 million issue. 7,000 people in our 50 States would not Americans, including 13 million chil- It reaffirms congressional commit- be obligated to pay any estate tax at dren, who live on the verge of hunger. ment to protecting the funding and in- all. I want to divert our conversation a tegrity of Federal food and nutrition Seven-thousand out of three hundred little bit. I have actually waited quite programs, and creates a national grant million, yet we lose $1 trillion in rev- some time to be able to speak about it. program to support community-based enue. I started yesterday trying to get just a antihunger efforts in fighting the dis- Again, where is the logic or common few minutes on the floor to bring about ease on the battlefield, right there at sense in a proposal like that given the an awareness because today is National the line of attack in our communities. damage it would do? Hunger Awareness Day. I am also proud to be a cosponsor of As I said, my State of Connecticut I often think about the children and the FEED Act, the bill that would ranks consistently year after year at the working American families who award grants to organizations that ef- or near the top of the Nation in per struggle to make ends meet. But I fectively combat hunger while creating capita income and other such meas- focus my thoughts and prayers on them opportunity by combining ‘‘food res- ures. In my State and across America, today because today is National Hun- cue’’ programs with job training—not people of all incomes have worked ger Awareness Day, 1 day out of our just feeding a fish but teaching a man hard, obviously, to get where they are. year. I started yesterday trying to grab or a woman how to fish so that they do I don’t like class warfare. I don’t like 5 minutes where we could bring our at- not just eat for a day, that they feed drawing those distinctions. Many of tention to something so incredibly im- themselves for a lifetime. these people I mentioned, pay taxes portant and something so easy to fix. Close to one-third of the food in this and have worked hard, and I respect There is a time when Americans are country that is processed and prepared that. called to remember the hungry chil- goes to waste—one-third, whether it is I urge my colleagues to listen to dren and adults living across our great in places such as Washington where some of the men and women who have Nation. Most importantly, it is a day there are multiple receptions going on accumulated the greatest wealth as a when we are called to put our words at one time, banquets and other events result of their ingenuity and hard into actions and to help end hunger in that happen across the country. One- work. What are they saying about this our communities and across America. third of that food goes to waste. in terms of the benefit to the country I guess the realization that I have This bill would help organizations and the cost it would have? come to in these last 24 hours is, I have safely recover unserved or unused food In my State, I probably have a great- searched just to capture 5 minutes on while providing culinary skills training er percentage of constituents than al- the floor of the Senate. I suppose I to unemployed individuals. Two birds most any other State in the country could have submitted my comments for with one stone—using something that who would benefit if there is a total re- the RECORD. And maybe I am foolish to otherwise would be thrown away. How peal. I stand here today, telling you think by coming to the floor I could simple that seems and yet how hard it that an overwhelming majority of the spark just a little bit of interest in my is to bring it forward into the light of very people who would benefit from colleagues or others across this Nation day and talk about making that effort this, think it goes too far; that we are to think about an issue that affects all a reality. going too far with this proposal. of us—an issue where our fellow man is I urge my colleagues to support these I urge my colleagues to join those hungry, or another mother has a child worthy and commonsense pieces of leg- who have urged us to be more modest, out there that is suffering from hunger, islation. to have a more commonsense approach that we can’t stop for just a moment If it is so hard to find 5 minutes just than repeal or near-repeal. Again, it and realize that hunger is a disease to talk about it, I wonder how long it would be a major failure to lose the that has a cure. It has a cure—a cure is going to take us to pass these com- revenue equal to that which we spend that we can provide, a cure that we all monsense pieces of legislation. on all of the education for elementary know about. And, if we took the time Some people may ask: What can I do and secondary school students, all of to think about it, to address it, we to help end hunger in America? the spending on homeland security, to could actually cure this disease. I want to talk about some of the once again drive us further and further It is hard to find 5 minutes, it is hard ways Americans can help join the hun- into debt. I think it is a great tragedy to come down here and really make the ger relief effort. Acting on this call to to be passing that on to the coming difference that we want to make, but I feed the hungry is important, and I generations, to say we want to give a believe this day and this issue are far urge all Americans who are able to tax break only to the top five-tenths of too important to miss again the oppor- take part in ending this disease. 1 percent, or three-tenths of 1 percent tunity to talk about 36 million Ameri- One critical component of this effort of the population. That is an indict- cans living in food insecurity. is the willingness of Congress and the ment that future generations will look Two years ago today, I joined with American people to support the Fed- back on and ask: What were they my friends and colleagues, Senator eral food and nutrition programs. thinking at the beginning of the 21st SMITH, Senator DOLE, and Senator These programs provide an essential

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.096 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5585 safety net to working Americans, pre- Organizations such as the Arkansas nating hunger in our great Nation. Our venting the most vulnerable among us Hunger Coalition operate on limited corporations and small businesses gen- from suffering and even dying from budgets. Yet they are a vital source of erate most of our Nation’s health and malnutrition. Our continued invest- information for food pantries, soup have throughout history supported ment in these programs is vital to the kitchens, and shelters that together many of our greatest endeavors. Many health of this Nation. work to share the importance of food corporations and businesses already Why does it come to mind right now? security to the people of our home contribute to efforts to eliminate hun- Think about all of those children State of Arkansas. ger. I hope others will begin to partici- across this great country who have re- I urge Americans to contact their pate as opportunities to do so present ceived the nutrition they need in congressional representatives to voice themselves in the future. school during the school year as school their support for these nutritional pro- A couple of great examples of how lets out for the summer. Where will grams. This critical issue of ending business and nonprofits can partner to they go for that nutritious breakfast? hunger, the unbelievable number of feed hungry people occurred these past Where will they go for that lunch that hungry Americans is something that few months. Together with America’s they need to sustain them because we have to bring greater awareness to Second Harvest, Tyson Food, in my there is no dinner waiting at home? not just today but every day. home State of Arkansas, donated 6 mil- These are critical and important pro- I urge my colleagues to protect them lion pounds of protein—one of the more grams. Without spending the time and from cuts and structural changes that difficult elements of nutrition to get the effort to not only make them a re- will undermine their ability to serve into food banks is protein—6 million ality but properly fund them in a way our Nation’s most vulnerable citizens. pounds of protein from one corporate where they can actually meet the In addition to the Federal food pro- citizen. Wal-Mart raised $10 million to needs of the children across this coun- grams, eliminating hunger in America support food banks all across this try will take our attention. requires the help of community organi- country. I am so grateful to these com- The most significant of these pro- zations. Government programs provide panies and to nonprofit organizations grams is the Food Stamp Program. It a basis for support, but they cannot do for their leadership in this effort to provides nutritious food to over 23 mil- the work alone. Community and faith- feed those who have limited access to lion Americans a year. More Americans based organizations are essential to lo- food and nutrition. find themselves in need of this program cating and rooting out hunger wher- I have also seen some of the impor- every single year. As their wages are ever it persists. tant work being done by organizations stagnant, as they have less and less op- We rely on the work of local food in the local Washington, DC, area. We portunity to climb a ladder of oppor- banks and food pantries, soup kitchens, see it all around us. All we have to do tunity because they may not be getting and community action centers across is open our eyes and make sure we are the education they need, they are find- America to go where government can- aware. The Arlington Food Assistance ing more and more dependency on pro- not. The reason I have stayed so per- Center works to provide food to those grams like this to be able to feed their sistent in coming to the floor of this in need in the Arlington, VA, area. I families. Senate to talk about this issue on a have supported some of their efforts I understand our current budget con- day that we have designated for aware- through the local school drive. Not straints. I know we all do. Yet I didn’t ness is because I tried so desperately to only is it important in terms of pro- create this mess. The spending that has put myself in the shoes of other moth- viding the needs of food assistance been freewheeling in this Congress over ers who are not perhaps as lucky as I through the Arlington food bank sys- the last several years has been unbe- am. When a child looks into your eyes tem and the assistance center, but lievable. Yet as my colleagues men- and says: Mommy, I am hungry, they think what it does for our children. It tioned, we failed to adequately support have no response, whereas I do. gives them a learning experience of and fund issues such as our veterans’ This is a critical issue for us as a na- how they, too, can give back not just benefits; issues like educating our chil- tion. It shows where the fabric of our to their community or their school but dren and providing them with the community and our country lies. It to their fellow man, someone des- skills they need to be competitive. shows where our priorities are, and it perately in need of a nutritious meal, a I come here to talk about the main shows who we are as Americans and family who needs a nutritious break- sustenance of life. I understand these what values we truly grasp for our fel- fast. budget constraints, but I believe as one low man. Think of what it teaches our chil- man to another, as one woman to an- Recently, I have been so proud as my dren. Despite the fact that Arlington other, one human being to another, twin boys have gotten invitations to County is one of the wealthiest areas food, simple nutrition, is something we birthday parties. There is a note at the in the country, plenty of local resi- cannot turn a blind eye to. Even in bottom of the invitation. It says: dents do not have enough to eat. The these tight fiscal times, I believe that Please don’t bring a gift, but in lieu of Arlington Food Assistance Center we have to maintain our commitment a gift would you please give to a wor- seeks to remedy the problem by dis- to feed the hungry among us. We must thy organization, our local food bank tributing bread and vegetables, meat, first protect programs such as the Food or shelter. milk, eggs, and other food items. Our Stamp Program, the National School My children with their birthday com- church group routinely goes for a Breakfast and School Lunch Program, ing up soon said: Mom, we don’t need ‘‘gleaning’’ program where local farm- the Summer Feeding Program, the those gifts again this year. Let’s add ers allow us to get into the fields and WIC, and the Children and Adult Care something for those people who need it collect part of their crops that have Food Program. These are all critical the most. Let’s make sure that we have been left in order to provide fresh programs that keep Americans who are fun at our party but that we don’t take fruits and vegetables in our area food on the verge of hunger and destitution the gift that we don’t need and instead banks. from finding themselves there perma- ask our friend to help us in feeding the Lastly, this effort needs the commit- nently. hungry and sheltering the homeless. ment of individual Americans. Our Another important tool for local or- I will try, and I know my colleagues greatest national strength is the power ganizations is the Community Food will, too, to work as hard as we can to that comes from individual initiative and Nutrition Program, and with sup- provide the resources these community and the collective will of the American port from this program, the Arkansas organizations need to continue with people. I believe we are called by a Hunger Coalition has sponsored a Web the difficult but necessary work they higher power to care for our fellow man site, a quarterly newsletter, an annual perform, to encourage our neighbors, and our fellow women. conference, a mini grant program, our children, our schools, and others to As a person of faith, I feel I am called along with many civic, school, and be as actively involved as they possibly to serve the poor and the hungry. I community presentations on hunger can. know many of my colleagues agree. If which raise public awareness and pro- Private corporations and small busi- we believe in this call, we must live it mote innovative solutions. nesses also have a role to play in elimi- every day in our schools and in our

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.098 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5586 CONGRESSIONAL RECORD — SENATE June 7, 2006 homes, in our workplaces and our I found that this last week when I next to a slice of pizza is not exactly places of worship, in our volunteering was up in Chicago at the Native Amer- my idea of fighting obesity, encour- and in our prayer. This personal re- ican Center on the North Side where a aging nutrition, and feeding kids the sponsibility is a great one, but it holds lot of American Indian families rely on right things. tremendous power. As we have seen their pantry. I said hello to the ladies We need to have good nutrition pro- throughout American history, when in- who were running it. They said, sadly: grams. We need to work overtime to dividuals in this Nation bind together Senator, business is just too darn good make sure the food given to these kids to serve a common cause, they can here. There are a lot of people coming does make a difference. At the achieve the greatest of accomplish- in from all around the city of Chicago. Nettlehorst School on Broadway Ave- ments. By sharing the many blessings I find it in my hometown, Spring- nue in Chicago, which I visited a few and resources our great Nation pro- field, IL, at St. John’s bread line, weeks ago, we opened a salad bar for vides, I am confident we can alleviate which has been there for years. I have the kids for school lunch. Guess what. hunger, a disease that we know there is been over there serving food once in a They were all crowded around, filling a cure for, both at home and abroad. while. So many people rely on them. up their salad trays. They will eat good I ask all of my colleagues to take a In Chicago, only 9 percent of the half- food if you present it in the right way. moment to honor on this day of aware- million people who seek services from We need good nutrition programs with ness the very brave men and women the Chicago Food Depository are home- good food to make sure our kids grow and children who live in food insecu- less. The rest have a home to go to but the right way. rity and whom we have an opportunity nothing in the refrigerator and nothing Hunger drains the strength of the to serve. in the cupboard. These people cannot people who, for a variety of reasons, Mr. DURBIN. Will the Senator from afford the food they need. are unable to provide enough food, or Arkansas yield for a question? Think of that: 37 million people in the right kinds of food, for themselves Mrs. LINCOLN. Absolutely, I yield to America, this great and prosperous or their family. A few blocks away, my good friend from Illinois who has country, living in poverty; many low- near a school over on Pennsylvania Av- done so much on the issue of hunger. income families supported by jobs that enue, in Southeast Washington, DC, Mr. DURBIN. Let me say at the out- do not pay a livable wage in a country get there early enough in the morning, set it is my great honor to cochair with where this Congress will not enact a around 8 o’clock, stand by the drug- the Senator from Arkansas this effort law to raise that minimum wage. It store and watch these kids file in to relative to hunger, hunger awareness. could be that paying for health care buy bags of potato chips and pop or It has brought us together in terms of has caused many of these families to be soft drinks to eat as breakfast on the offering resolutions, in terms of offer- unable to afford food. way to school. Too many of these chil- ing legislation, filling grocery bags. We America’s Second Harvest released a dren rely on that for their only nutri- have done a lot of things together in national hunger study showing that in tion. I wish their parents could do bet- this effort. I am fortunate to work with Senator Chicago 41 percent of households ne- ter or do more. I wonder, sometimes, if glected their food budget to cover util- LINCOLN. She comes to this issue driven they are able to. I don’t know if they by her faith and her family. They are ity costs. You can understand that in are. But what those kids are buying linked together in her speech today the cold winter in Chicago. Last year, costs them money. Maybe those par- and in her life. There is hardly a deci- natural gas bills went up 20 percent. ents could have done a better job. sion she makes—I know from having We were lucky. It could have been Maybe the school could do a better job. worked with her for so many years— worse. And many of these families had As a Nation, we all need to do a better that is not driven by her understanding to decide: Pay the utility bill, risk a job. of the impact of life on her family and cutoff or buy some food? It may be a In a land of abundance, the kind of what it means to so many other fami- combination of factors, but the food sacrifice that many families have to lies. budget is often the first thing they cut. make to feed their family members is As we have met in a variety of Today, June 7, is National Hunger deplorable and unnecessary. We should places, filling boxes and bags with gro- Awareness Day. Senator LINCOLN and I end hunger in the United States. Work- ceries, we both had cause to reflect on have come to the Senate encouraging ing together, we can. what leads to hunger in a prosperous our colleagues and all those following I salute my colleague from the State Nation. How does a country so rich as this debate to celebrate and commend of Arkansas. The hour is late, and she America end up with hungry people? the heroic efforts of so many emer- has a couple of kids at home waiting How can this be? Yet we know, as she gency food banks, soup kitchens, for her to get home, maybe to fix din- knows, it turns out to be a lot of people school meal programs, community pan- ner. But whatever the reason, she took are working hard to avoid hunger. It tries, and so many others that make a the time to come to the Senate tonight can be a mother with a low-wage, min- difference in fighting hunger. to remind all of us of our civic respon- imum wage job, a mother who has been I don’t know if Senator LINCOLN’s sibility, our social responsibility and stuck in a minimum wage that this hometown is the same as mine, but our moral responsibility to view hun- Congress has refused to increase for 9 there is a day each year when the let- ger as a challenge that we can face and straight years. Think about that: $5.15 ter carriers all pick up food. You put conquer. an hour for 9 years. This poor mother, out the bags of food for them. They I see the Senator from Alabama is trying to keep her family together, put pick them up. God bless the letter car- probably here to speak. I have another her kids in a babysitter’s hands or riers; they collect that food, give it to statement to make, but I will defer to daycare, and then put food on the table the pantries to give to hungry people. him since he has been waiting. Then finds that many times one job, some- Here are men and women who probably when he is finished, I will ask to speak times two jobs are not enough, and she are footsore from all the miles they again. ends up at that food pantry. have to walk, and they walk an extra The PRESIDING OFFICER (Mr. We expect the poorest of the poor to mile for the hungry of America. My hat DEMINT.) The Senator from Alabama. come in there and many times find the is off to them. DEATH TAX working poor. That is the face of hun- Federal nutrition programs are criti- Mr. SESSIONS. Mr. President, with ger found with many of our senior citi- cally important and they are not regard to the death tax, I will be offer- zens. I cannot imagine these poor peo- reaching enough people. Many parents ing some remarks later in the process ple, many of them alone in life, strug- still skip meals so their kids can eat. that deal with the estimated cost of gling with medical bills and fixed in- Many kids do not have the balanced the elimination of this tax which does comes, never knowing where they are meals they deserve. not account for the lack of stepped-up going to turn for a helping hand, who Let me add, too, I am sure the Sen- basis that will not occur if the death stumble into a food pantry where they ator, as a mother of twins, will appre- tax is eliminated and other factors can find a loving face, a warm embrace ciate this. When I go to school lunch that demonstrate that the allegations and a bag full of groceries to keep them programs, sometimes it is depressing. being made about large losses of rev- going. Giving kids a helping of tater tots, enue are not true. That is an important

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.099 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5587 factor in the debate. I will not go over I am pleased the Department of Jus- United States. You are not allowed to that tonight. tice has given this letter to us. It rep- vote in it unless you belong a certain I take this moment on another sub- resents an opinion of the agency of race. ject to read to the Senate a letter we Government charged with justice. The It is a bad idea of great significance. received, received by Senator FRIST, Department of Justice is well aware of We should not go down that road. I the majority leader, today, from the equal protection requirements. They hope the Senate will not. administration, William Moschella, are well aware of voting rights and the I suggest the absence of a quorum. U.S. Department of Justice. He deals 15th amendment. They are well aware The PRESIDING OFFICER. The with the Native Hawaiian bill. of all of the issues involving tribal clerk will call the roll. I said earlier today, the Native Ha- questions. They have to deal with that The assistant legislative clerk pro- waiian legislation is exceedingly im- on a regular basis. They understand ceeded to call the roll. portant. It has to do with whether this this. This is part of what they do. The Mr. DURBIN. Mr. President, I ask great republic is going to allow itself, import of this letter is to say that the unanimous consent that the order for through the vote of its own legislature, Native Hawaiians do not comply with the quorum call be rescinded. to create within its own boundaries a tribal requirements. Indeed, a lawyer The PRESIDING OFFICER. Without sovereign entity, a sovereign Nation, for the State of Hawaii has admitted as objection, it is so ordered. that, according to those who support much in previous filings with the Su- CHICAGO SCHOOLS it, even on the Web site of the State of preme Court. It is not a tribal situa- Mr. President, in 1932, America had Hawaii, indicates that it could result tion. It is a unique situation. suffered through three grinding years in an independent nation being created. We are going to create under the bill, of the Great Depression. Millions of So any principled approach—and the if the bill were to become law—hope- Americans were out of work and out of Senate, of all bodies in the Govern- fully, it will not, but I am troubled by hope. Many people feared that cap- ment, ought to be principled; we should the prospect of maybe even proceeding italism, as we knew it, and democracy think about the long-term—to dealing to this bill tomorrow. It is almost had failed. Campaigning for President with this issue should convince us in breathtaking to me that that would that year, Franklin Delano Roosevelt the most stark way that this is not a occur. But what we will see as we go promised the American people bold, path down which we should travel. This forward is that we are talking about persistent experimentation to alleviate is not a way this Nation should go. creating an entity, a sovereign entity the crisis facing this Nation. We should say no now and no to any which will be controlled by individuals He said: It is commonsense to take a other attempt to divide, balkanize or who are given a right to vote. And method and try it. If it fails, admit it disrupt the unity of our Nation. We had their right to vote in this entity will be frankly and try another. But above all, a Civil War over that. The Presiding entirely contingent upon their race. try something. Officer is from South Carolina. I am Indian tribes were different. Indian I have just finished a book by Jona- from Alabama. That issue was settled tribes were entities with long-estab- than Alter of Newsweek about the first in the 1860s. We don’t need to go back lished governing councils. They are na- 100 days of Franklin Roosevelt’s Presi- to it. tive groups that have had centuries of dency. If there is one thing that really It is important that we read the lan- cohesion. Many of them entered into was the hallmark of that Presidency, it guage of the Department of Justice and treaties with the United States and was Franklin Roosevelt’s boldness, his how they deal with it. It is very similar they were given certain rights and willingness to try new ideas. He just to strong language from the U.S. Civil privileges. But Hawaii came into the wasn’t going to give up on America. He Rights Commission that also voted to Union; 94 percent voted to come into believed that there was no crisis, no oppose this legislation. the Union. They bragged and were challenge we face that could not be The letter is to Majority Leader Bill quite proud of their melting pot rep- overcome. Frist: utation. They never suggested that For the last 5 years, the Chicago pub- DEAR MR. LEADER: The Administration they would later want to come back lic schools have been led by a team of strongly opposes passage of S. 147. As noted and have this sovereign entity be cre- visionary leaders who also believe in recently by the U.S. Civil Rights Commis- ated. The reason it is fundamentally bold, persistent experimentation. sion, this bill risks ‘‘further subdivid[ing] unfair is that there was a queen in Ha- Through their hard work and willing- the American people into discrete subgroups waii in the 1880s, but she did not pre- ness to try to find new solutions, Chi- accorded varying degrees of privilege.’’ As cago Public School Board President the President has said, ‘‘we must honor the side over a tribe. She didn’t preside great American tradition of the melting pot, over a racial group. She presided over Michael Scott and Chicago public which has made us one nation out of many the people in her territory of all races schools CEO Arne Duncan have helped peoples.’’ This bill would reverse that great and entities. There were Asians, Irish, transform Chicago’s school system into American tradition and divide people by Filipinos, Chinese, and others that a national model for public school re- their race. Closely related to that policy con- were there. They would not get to vote form. cern, this bill raises the serious threshold in this race-based government, even if This past weekend, Michael Scott, constitutional issues that arise anytime leg- they were there at the time she was my friend, announced that he will be islation seeks to separate American citizens leaving his position as president of the into race-related classifications rather than queen. And she never pretended that ‘‘according to [their] own merit[s] and essen- she was presiding only over Native Ha- Chicago public school board this sum- tial qualities.’’ Indeed, in the particular con- waiians. Of course, I don’t know how mer. Earlier today I met with him and text of native Hawaiians, the Supreme Court you could say a third-generation Irish Arne Duncan in my office in the Cap- and lower Federal courts have invalidated or Chinese American or Japanese itol. I have every confidence that Chi- state legislation containing similar race- American who was in Hawaii, they are cago public schools will remain a na- based qualifications for participation in gov- not a Native Hawaiian anyway, but tional model for improvement under ernment entities and programs. the leadership of Arne Duncan and While this legislation seeks to address this that is the way they are defining this. issue by affording federal tribal recognition There is only that certain racial group. whoever the next school board presi- to native Hawaiians, the Supreme Court has So these would not be able to partici- dent may be. I look forward to updat- noted that whether native Hawaiians are eli- pate, even though they were ing the Senate in the future about Chi- gible for tribal status is a ‘‘matter of dis- multigenerational residents of Hawaii cago’s continued progress and our de- pute’’ and ‘‘of considerable moment and dif- at the time they became a State, at the termination to truly leave no child be- ficulty.’’ Given the substantial historical, time the queen’s government was hind. structural and cultural differences between ended. Some may not remember, but former native Hawaiians as a group and recognized It is not the right thing to do. It Secretary of Education William Ben- federal Indian tribes, tribal recognition is in- would create a precedent of far-reach- nett went to Chicago and pronounced appropriate for native Hawaiians and would still raise difficult constitutional issues. ing implications and would jeopardize that school district as the worst in Sincerely, the unity and cohesion of our Govern- America. That may have been an exag- WILLIAM E. MOSCHELLA, ment and would, for the first time, cre- geration at the time, but not by much. Assistant Attorney General. ate a sovereign entity within the Some would have given up at that

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.100 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5588 CONGRESSIONAL RECORD — SENATE June 7, 2006 point, and many cities have. But not Arne Duncan, Chicago has pushed to fender newspaper on April 28, 2003, the city of Chicago. They made a con- replace approximately 207 underper- about a third of the way through Mi- scious decision to change that school forming schools with 100 new innova- chael Scott’s tenure. The editorial was system. tive schools, including charter and entitled ‘‘Successful students will be Mayor Daley, Paul Valles, Arne Dun- small schools. Scott’s, Duncan’s Monument.’’ can, Michael Scott, and Gary Chico, Michael Scott is a product of the Chi- Michael Scott and Arne Duncan are monu- these were all names of leaders who cago public school system himself. Mi- ment makers. Not in the usual sense—the stepped up, with many professionals chael brought an unusually broad one that explains the ancient pleasure taken giving them support, and accepted the range of experience to his job as one of by politicians who create structures com- challenge to turn that school district the leaders of that system. His resume memorating something that’s a recreation of their self image. around. includes work in community advocacy, Nor in the sense that Mesopotamia’s Nebu- Let me speak about Michael Scott in corporate management, urban develop- chadnezzar built Babylon’s Hanging Gardens particular. His service has meant so ment, and local government adminis- in the sixth century B.C., one of the seven much to the Chicago public schools, to tration. He built new partnerships with wonders of the world. Nor in the sense that the city of Chicago, and I believe, with all of those worlds to help improve Chi- his successor Saddam Hussein erected bronze his example, to the Nation. Michael cago’s public schools. statues of himself, monuments that came Scott grew up on the west side of Chi- In 2003, the Chicago public school tumbling down recently with a noticeably historic thump. cago, the Lawndale neighborhood. He system established the privately fund- Scott, President of the Chicago Board of didn’t train himself to be an educator. ed Chicago board of education textbook Education, and his chief executive, Arne He went to Fordham University in New scholarship program. The program Duncan, are building neither stone nor York where he earned a degree in awards a $1,000 scholarship to one grad- bronze images. urban planning. He moved back to the uating student from each of the city’s The two educators are building a human west side after his college years. 85 public high schools. The scholarships monument that will rise and flourish in the term of educated, productive graduates of He started in Chicago politics as a are funded by private business, many of Chicago’s public schools. . . . Future stu- housing activist in the same Lawndale which donated money on the spot when dents will thrive in each newly renovated neighborhood where he was born and they heard Michael Scott make his ap- school. . . . That will be Scott’s and Dun- raised. In the tumultuous time he peal to fund this program. can’s monument. lived, Michael Scott stood out as a con- Also under Michael Scott’s leader- As Michael Scott’s tenure closes at sensus builder. Eventually he served ship, Chicago public schools estab- the Chicago public school system, I under three different Chicago mayors: lished a new office of business diversity want to acknowledge the fine contribu- Jane Byrne, Harold Washington, and to help Chicago’s minority and women- tion he made with his public service, Richard Daley. Five years ago tomor- owned businesses navigate the system’s both in the park district and the Chi- row, Mayor Daley tapped Michael complex bidding process and ensure cago public schools. He is such a tal- Scott as the first member of a new that they can compete fairly for con- ented man that he has brought his tal- team charged with the daunting mis- tracts. ent and given his time to help others sion of keeping Chicago public schools While student scores have gone up, time and time again. That is the true a national model for reform. spending in some areas has gone down, definition of public service. At the time he was a successful busi- thanks to the improved fiscal manage- I wish Michael the very best in his nessman and executive of AT&T. When ment in the public schools. One exam- next endeavor. I am sure it will include Michael Scott’s appointment was an- ple: By restructuring the transpor- not only the private sector, but also a nounced, he said: This is not about me; tation system, Chicago public schools public commitment because he is a per- it’s about the children. saved $14 million—$14 million more son who believes that is part of our For the past 5 years, Michael Scott that can be spent to teach the kids. civic responsibility. I thank him for all has kept his word. Listen to these sta- Under Michael Scott’s leadership, the of his leadership in the Chicago public tistics, if you want to understand how bond rating for the Chicago public school system, and I wish him and his far the Chicago public schools have ad- schools was upgraded from A to A-plus, family the very best in the years to vanced due to the hard work of the peo- which will produce even more savings come. ple I mentioned earlier and Michael for taxpayers and more funds for the ESTATE TAX Scott. kids. Someone once said that the real Mr. President, at this moment in his- In 1992, nearly half of Chicago’s ele- test of faith in the future is to plant a tory, we are considering the estate tax. mentary schoolchildren tested in the tree. Before signing on as school board It is one of the many taxes that Ameri- lowest 20 percent in reading and math president, Michael Scott served as cans face. Some have characterized it, compared to other students across president of the Chicago Park District. with a very effective public relations America. Now fast forward 12 years to In that job, he saw that plenty of trees campaign, as the ‘‘death tax.’’ They 2004. Less than 25 percent of Chicago’s were planted. He strengthened the park have been so good at describing it as a students tested in the bottom 20 per- district’s finances, which is widely ac- death tax as to convince many people cent and student performance has im- credited with making neighborhood across America that when you die, you proved since 2004. That is real progress, parks one of the best features of one of pay a tax to your Federal Government. real progress against great challenges. the best cities in America. And unless you have been through a Michael Scott believes that parents are As board president of Chicago public death in the family that you followed the children’s first and best teachers, schools, Michael Scott helped plant closely, you might be misled into be- and he has worked hard to make par- something even more important to our lieving that. ents active partners in the education of future than trees. He helped plant the In fact, the public relations campaign their children. seeds of knowledge in the minds of tens has been so good in characterizing the An annual 2-day conference that he of thousands of young people. Together Federal estate tax as a death tax that personally founded, entitled ‘‘The with Chicago students, parents, edu- I had an experience a couple years ago Power of Parents Conference,’’ has cators, and business and community that I shared with my colleagues in the been attended by more than 4,000 Chi- and political leaders, he has produced a Senate. I drove out to Chicago O’Hare cago parents since 2002. The belief that model for public school improvement to take a flight to Washington. I every child in every neighborhood has from which all of America can learn. stopped at the sidewalk there, United the right to attend a good public While Chicago public schools will Airlines, and handed over a bag to be school, along with a commitment to miss his leadership, they and the chil- checked in. The person checking my bold persistent experimentation, are dren who depend on him will continue bag took a look at me and looked at the foundation of Mayor Daley’s Ren- to benefit for years from Michael the bag and said, ‘‘Senator, please, if aissance 2010 School Improvement Scott’s outstanding public service you don’t do anything else, get rid of Plan. these past 5 years. the death tax.’’ I didn’t have the heart Under that plan and with the leader- In closing, I will quote from an edi- to tell that baggage handler that un- ship of Mayor Daley, Michael Scott and torial that appeared in the Chicago De- less he won the Powerball or the Mega-

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.102 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5589 million lottery soon, he would not have enough left over to give them full col- ate knew that for political reasons to worry about it because, you see, the lege scholarships or give every family they had to appeal to those folks who so-called death tax is an estate tax in America a $500 tax cut or eliminate believe this is a critically important that is paid by 2 or 3 out of every 1,000 75 percent of the shortfall in Social Se- issue. They want to fire them up for people who die in America each year. curity, thus buying years of longevity the next election. Even though the That is .2 or .3 percent of the people and stability for Social Security, or American people, when asked, said that who die in America pay the tax. It is a provide clean food and water to the 800 this so-called gay marriage amendment very narrowly gauged and narrowly di- million people on Earth who lack it or ranked 33rd on their list of priorities, rected tax to the wealthiest people in pay for the war in Iraq for the next 10 they had to move it forward. America. years. Now comes another plank in their If you listen to the argument by the It is not an insignificant amount of platform for the November election, Republicans on the floor of the Senate, money that we are talking about here. the estate tax. The wealthiest people in you think that this is an onerous, un- The elimination of the estate tax America are pushing hard for this es- fair tax, borne by some of the most de- would take from the Federal Treasury tate tax. This morning, the Wall Street serving, hard-working, common people funds which could have been used for Journal printed an article that said in this country, who struggle day to tax relief for working families. Instead, that 18 families—listen closely—18 day to get by, and then find after they this Republican proposal is to give a families in the United States of Amer- have passed away that the greedy tax cut to the wealthiest people in ica have spent $200 million lobbying to hands of Government reach into their America. pass this change in the estate tax—18 estate and yanks thousands of dollars How many people pay this estate families. out of it. That is not even close to re- tax? This pie chart tells it all. In 2009, Ask yourself why. Why would they ality. So we are actually going to de- only .2 percent of estates in America spend $200 million? Because they will bate on the floor of the Senate the no- will be subject to the tax. Two or, at earn a lot more if this estate tax is re- tion that we need to, if not repeal, vir- most, 3 out of every 1,000 people who pealed. But the cost of the estate tax is tually repeal the estate tax in Amer- die will pay any estate tax whatsoever. dramatic in terms of America’s debts. ica. And now the Republican leadership has If we repeal the estate tax, we will It is interesting to note that this es- decided these people need a break. have $776 billion as the cost of the es- tate tax is one that affects very few. It Senator LAUTENBERG of New Jersey tate tax repeal in the first 10-year pe- is also interesting to note the context decided to find out how repealing the riod fully in effect from 2012 to 2021. of this debate. This was supposed to estate tax would affect three people. The cost of the estate tax repeal ex- come up about 9 months ago. We were The first one was the Vice President. plodes under the proposal that is before supposed to repeal the estate tax on Under this proposed estate tax cut us, meaning, of course, this red ink is the wealthiest people in America, but from the Republican side, it means more debt for America. then God intervened. Hurricane more than $12 million in Federal tax li- Already we are facing a dramatically Katrina struck the Gulf coast. For 24 ability will be eliminated for the Vice deteriorating budget picture in Amer- hours, we watched on live television as President. And then Paris Hilton, with ica. Go back to the close of the pre- our neighbors, fellow Americans, suf- her little Chihuahua there, it is $14 vious administration, which shows a fered. Some died, some drowned. Many million for her. Lee Raymond, former $128-billion surplus under President were perched on their roofs praying to CEO of Exxon, a man who was given a Clinton as he left office, and then look be rescued. Then we saw the devasta- $400 million going-away gift at his re- at the debt that has been built up tion of the flood. tirement by ExxonMobil—well, the re- under the years of the Bush adminis- The sponsors of this estate tax repeal peal of the estate tax gives Mr. Ray- tration, a debt that will explode even decided this may not be the best mo- mond another going-away gift of $164 higher with the repeal of the estate tax ment to cut taxes on the wealthiest in million in tax breaks. on the wealthiest people in America, a America. Senator CHUCK GRASSLEY of These are truly deserving people, debt which, unfortunately, we will Iowa, a man I greatly respect, said as don’t get me wrong. When I look at Ms. have to pass on to our children. follows on September 14 of last year: Hilton, who looks like a lovely young Look at the wall of debt. When Presi- It’s a little unseemly to be talking about lady, I can see how this $14 million dent Bush took office, the gross na- eliminating the estate tax at a time when could have a significant positive im- tional debt of America—this is our people are suffering. pact on her otherwise very spare and mortgage I am talking about—was $5.8 Senator GRASSLEY was right. But I Spartan lifestyle. trillion. Now, by 2006, it is up to $8.6 say to him that it is still a little un- You wonder how in good conscience trillion. How did he manage that, al- seemly to bring up this issue of elimi- we can be debating tax cuts for the most a 50-percent increase in the debt nating the estate tax on the wealthiest wealthiest people in America when of America in a matter of 5 years? And people in America when so many peo- there are so many things, so many now look where it is headed. By the ple are still suffering around this coun- compelling reasons for us to be more year 2011, because of the Bush-Cheney try. We know what is happening in New serious about in the work that we do in tax policies, this national debt will be Orleans, that devastation still has been the Senate. This effort reflects the up to $11.8 trillion—$11.8 trillion for unaddressed and people are still out of same twisted priorities that the Repub- our national mortgage. This President their homes, hospitals are unopened, lican leadership continues to bring to has virtually doubled the debt of Amer- schools are unopened, and families are the floor of the Senate. ica with his policies in a matter of 8 still separated from communities and We just have spent—wasted, I might years. How can he accomplish this? He neighborhoods that they called home. add—the better part of the week of the can do it with terrible policies, and It is still there. Senate’s time on the so-called mar- this is one of them. Senator GRASSLEY’s point is still riage protection amendment. It was President George W. Bush is the first there as well. It is unseemly for us to called for a vote after all sorts of fan- President in the history of the United be reducing the revenues of this coun- fare and announcements from the States of America to cut taxes in the try by cutting taxes on the wealthiest White House, and the final vote was 49- midst of a war—the first. Why? It de- people at a time when there is so much to-48. This proposal for a constitu- fies common sense. We have a war that need. tional amendment didn’t even win a costs us between $2 billion and $3 bil- People ask, what could we do with majority of the Senators voting; only lion a week. It is an expense for our this estate tax? If you took the reve- 49 voted for it. It certainly didn’t come Nation over and above all the other ex- nues that we will be taking out of the up with the 60 votes it needed to move penses we commonly face. Federal Treasury by this reduction in forward in debate. It wasn’t even close Every previous President, when faced the estate tax, here is what you could to the 67 votes that are needed to enact with that challenge, has called on do with those revenues: You could pro- it. Americans to sacrifice, save, and pay vide health insurance for every unin- Why did we waste our time? Because more in taxes to pay for the war, but sured child in America and have the Republican leadership in the Sen- not President Bush. The Bush-Cheney

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.103 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5590 CONGRESSIONAL RECORD — SENATE June 7, 2006 policy is, in the midst of a war with number of taxable estates has gone an opportunity people around this skyrocketing costs, cut taxes—mean- down to 13,000 and will be reduced to world people would die for. He was ing, of course, driving us deeper and 7,000. So this tax responsibility that given the opportunity to prove himself deeper into debt, pushing more of that once applied to 50,000 taxable estates and succeed, and he has done it. He was debt burden on our children. annually in the United States will be a given a chance to accumulate his This is not a tax cut which the Re- tiny fraction of that when it is over. wealth and use it wisely, and he is now publicans are proposing, it is a tax de- We also have to reflect on another re- given a chance to pay back to this ferral. They want to cut the taxes on ality as to why this issue is before us. country, which has given him such a the wealthiest estates in America and I mentioned this to my Democratic great opportunity, something for all he put a greater tax burden on our chil- colleagues, and I say this with some has benefited. And Warren Buffett con- dren and grandchildren. That is the understanding that it is an indictment siders that a pretty fair trade. I think legacy of the Bush-Cheney tax policy. on our political system, of which I am it is, too. But how does this President take a part. Why is it that we are so focused To hear the Republicans on the other care of the debt? First consider this: As on helping the wealthiest people in side of the aisle say the wealthiest peo- Senator CONRAD has brought this chart America instead of focused on helping ple in America who live the most com- to the floor before, President Bush has the hardest working, the working fami- fortable lives should be asked to not decided that the way to deal with our lies, the middle-income families? The pay taxes back to support schools, to debt is to borrow from others. Presi- explanation is sad but true. We spend a support health care, to support the de- dent Bush has more than doubled for- lot of our time as Members of the Sen- fense of our country, to say that some- eign-held debt in 5 years. It took 42 ate and House of Representatives in how they need more disposable in- Presidents, including his father, 224 the company of very wealthy people. come—$14 million for Paris Hilton, I years to build up the same level of for- We run across them in the ordinary can understand that—from the Repub- eign-held debt as President George W. course of Senate business, but there is lican point of view, that is really help- Bush has done in 5 years. For 224 years, another part of our lives as well. We ing the truly needy. But from the point we had about $1 trillion in debt held by are out raising money for political of view of most Americans, it is ridicu- foreign governments. Under President campaigns that cost millions of dol- lous that we would consider this kind George W. Bush, that figure has vir- lars. People who can afford to help us of a tax cut at a time when this coun- tually doubled in just 5 years. are often very wealthy themselves. try is facing mounting deficits, at a The obvious question is, Who are Some are very wonderful folks, very time when we are at war, at a time these mortgage holders? Which foreign generous, very helpful to each one of when we are asking so much sacrifice governments are financing America’s us. But we spend a lot of time in their from so many wonderful American debt? The top 10 foreign holders of our lifestyle seeing where they live, how families. national debt are Japan, $640 billion, they spend their time, understanding So, Mr. President, I am opposed to China—no surprise—$321 billion, United their hobbies and their lifestyles and this resolution. I hope we come to our Kingdom, oil exporters, South Korea, naturally developing a friendship and senses. I hope we understand that we Taiwan, Caribbean banking centers, empathy with the wealthiest people in were elected to this body to do more Hong Kong, Germany, Mexico, and the America. than just provide for those with great list goes on and on. Our campaign financing system It is no surprise that the same coun- lobbyists and those with big bankrolls draws us into these situations. It is un- and those who come here in the cor- tries, which are our mortgagers, which derstandable that with this empathy are holding the debt of America, are ridors of power and catch our atten- comes an understanding that some of tion. We were elected to represent the the same countries which are eating them are going to face taxes when they our lunch when it comes to sucking people who are not here—the voiceless, die for all the money and the wealth the powerless, the disenfranchised, the jobs out of the United States and push- they have accumulated. Their pleas ing imports into the United States. homeless. The people expect us to step have not fallen on deaf ears in the Sen- up on behalf of the entire American They are the same countries. That is ate. Their pleas to repeal the estate tax what we are dealing with. And the Re- family, not just those who are well off have resulted in this bill before us now. but the entire American family, and do publican recipe for this imbalance in I think it really is a testament to our best to help. this debt is to make it worse: Cut the campaign financing in America that estate tax in the midst of a war. It is instead of spending time with average I hope we defeat this effort. I hope we not only unseemly, going back to Sen- people, working people struggling to stop it in its tracks. I hope we put an ator GRASSLEY’s quote, it is unthink- get by, dealing with their issues and end to this tax policy of the Bush-Che- able that at a time when we are asking their concerns, we would instead draw ney administration which has driven for so much sacrifice from our sol- the attention of the Senate to the most America to depths of indebtedness that diers—130,000 of them today risking well-off people in this country and how one could never have imagined. I hope their lives in Iraq, another 20,000 or we can reduce their tax burden and we will put an end to this accumula- 30,000 in Afghanistan, all their families their responsibility to this Nation. tion of national debt which we are at home praying for their safe return, There are a few wealthy people who passing along to our children with the anxiety of their friends and rel- stand out in this debate. One of them is abandon. I hope we will put an end to atives as they worry over them each a gentleman by the name of Warren this foreign borrowing with which this day—at a time when so many in Amer- Buffett who is with Berkshire Hatha- administration has become so enam- ica are giving so much and sacrificing way, a company out of Omaha, NE, one ored which has made us servile to some so much, comes the Republican major- of my favorite wealthy people, the sec- of the other nations around the world ity and says: Let us give the most com- ond wealthiest person in America. He that would readily exploit our econ- fortable, the most well-off people with is the first to say our tax system in omy, our businesses, and our workers. the cushiest lives in America a tax this debate is an outrage and disgrace- If we are going to do that, we have to break—a tax break. ful. He said at a luncheon he attended make a stand—a stand for sensible tax What are we thinking? Why would we not long ago that it is true that Amer- policy, a stand for prudence, a stand be cutting taxes in the midst of a war? ica is engaged in class warfare, and as for something which was once known Why would we be heaping debt on our the second wealthiest person in Amer- as fiscal conservatism—fiscal conserv- children? Why? So that 2 or 3 people ica, his class was winning. It is pretty atism. It is a great concept. It used to out of every 1,000 who have huge es- clear he is doing pretty well. be the concept of the Republican tates worth millions of dollars can es- But Warren Buffett understands Party, but that was before they discov- cape paying their Federal taxes. It is something which many of the families ered supply-side economics and this incredible to me, but true, that when that are pushing for this estate tax re- whole concept of the Bush-Cheney tax you look at this chart, the number of peal don’t understand. He understands policy. taxable estates in the year 2000 was he is the luckiest person alive because I urge my colleagues, when this 50,000 nationwide. Under this bill, the he was born in America. He was given comes up for a vote tomorrow, to vote

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.105 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5591 against cloture, vote against this give- tion and the Senate resume legislative MORNING BUSINESS away to a handful of families that are session. Mr. SESSIONS. Mr. President, I ask already doing quite well, thank you. I further ask unanimous consent that unanimous consent that there now be a Mr. President, I yield the floor. if cloture has been invoked on the mo- period for the transaction of morning The PRESIDING OFFICER. The Sen- tion to proceed to H.R. 8, the Senate business, with Senators permitted to ator from Alabama. resume debate at this time with all speak for up to 10 minutes each. f time consumed to this point counting The PRESIDING OFFICER. Without against cloture and the bill not be dis- ORDER OF PROCEDURE objection, it is so ordered. placed upon the adoption of that mo- Mr. DURBIN. Mr. President, today is Mr. SESSIONS. Mr. President, on be- tion if cloture is invoked on a motion National Hunger Awareness Day, and I half of the majority leader, I ask unan- to proceed to S. 147. If cloture is in- rise to recognize the importance of imous consent that immediately fol- voked on the motion to proceed to S. ending domestic hunger. lowing the leader’s remarks on Thurs- 147, then the Senate begin consider- Domestic hunger has affected the day morning, the Senate resume the ation of that under the provisions of lives of more than 38 million people in motion to proceed to H.R. 8, regarding rule XXII upon the disposition of H.R. the United States annually. This in- the death tax. I further ask unanimous 8. cludes over 14 million children who live consent that there be 1 hour equally di- The PRESIDING OFFICER. Without below the poverty line. vided between the two leaders or their objection, it is so ordered. The face of hunger is diverse. In Illi- designees for debate, with 10 minutes of nois, one in every ten people is food in- f the minority time reserved for Senator secure. Homeless people are often hun- DURBIN and 10 minutes reserved for EXECUTIVE SESSION ger, but so are single mothers working Senator DORGAN prior to the vote on two jobs to make ends meet. So are our invoking cloture on the motion to pro- senior citizens whose income does not NOMINATION OF RICHARD STICK- ceed; provided further that the last 20 allow them to eat adequately. LER TO BE ASSISTANT SEC- minutes be reserved for the Democratic In Chicago, only 9 percent of the half- RETARY OF LABOR FOR MINE leader to be followed by the majority million people who seek services from SAFETY AND HEALTH leader. I further ask unanimous con- the Chicago Food Depository are home- sent that regardless of the outcome of Mr. SESSIONS. Mr. President, I ask less. Many people simply cannot afford that vote, Senators ROBERTS and CLIN- unanimous consent that the Senate the food they need and often seek TON be recognized to speak as in morn- proceed to executive session for the emergency food programs. ing business for up to 25 minutes equal- consideration of Executive Calendar How can this happen in a country as privileged as ours? ly divided. I further ask unanimous No. 553, Richard Stickler. The PRESIDING OFFICER. The Remember that 37 million Americans consent that following that debate, the are living in poverty. time until 12:45 p.m. be equally divided nomination will be stated. The assistant legislative clerk read Many low-income families are sup- again between the two leaders or their ported by jobs that do not pay livable designees, with a vote on invoking clo- the nomination of Richard Stickler, of West Virginia, to be Assistant Sec- wages. ture on the motion to proceed to S. 147 It could be that paying the health occurring at 12:45 p.m. on Thursday; retary of Labor for Mine Safety and Health. care or housing bills is more than they provided further that if cloture is not can manage. invoked on both of the motions to pro- CLOTURE MOTION America’s Second Harvest released a ceed, the Senate then proceed to execu- Mr. SESSIONS. Mr. President, the National Hunger Study showing that in tive session for consideration en bloc of nomination has been held up since Chicago, 41 percent of households ne- the following nominations on the Exec- March 8 when it was reported by the glect their food budget to cover utility utive Calendar: No. 627, Noel Hillman, HELP Committee. Therefore, I now costs. U.S. District Judge for New Jersey; No. send a cloture motion to the desk. It may be a combination of factors, 628, Peter Sheridan, U.S. District The PRESIDING OFFICER. The clo- but the food budget is often the first Judge for New Jersey; No. 633, Thomas ture motion having been presented thing they cut. Ludington, U.S. District Judge for the under rule XXII, the Chair directs the Today, we celebrate and commend Eastern District of Michigan; No. 634, clerk to read the motion. the heroic efforts of emergency food The assistant legislative clerk read Sean Cox, U.S. District Judge for the banks, soup kitchens, school meal pro- as follows: Eastern District of Michigan; provided grams and community pantries work- there be 10 minutes of debate for each CLOTURE MOTION ing to ease the pain of hunger. of the Senators from New Jersey, 10 We, the undersigned Senators, in accord- Federal nutrition programs work, ance with the provisions of rule XXII of the but they are not reaching enough minutes for Senator STABENOW, and 10 Standing Rules of the Senate, do hereby homes. Many parents are still skipping minutes each for the chairman and move to bring to a close debate on Executive meals so their children can eat. ranking member. Following the use or Calendar No. 553, the nomination of Richard Hunger drains the strength of people yielding back of time, I ask that the Stickler, of West Virginia, to be Assistant who, for a variety of reasons, are un- Senate proceed to consecutive votes on Secretary of Labor for Mine Safety and able to provide enough food or the Health. the nominations as listed; however, no right kinds of food for themselves or earlier than 2 p.m. Bill Frist, Michael B. Enzi, Judd Gregg, Elizabeth Dole, Sam Brownback, Rick their families. In a land of abundance, I further ask unanimous consent that this kind of sacrifice is as deplorable as following those votes, the Senate pro- Santorum, Chuck Grassley, John McCain, David Vitter, Jim DeMint, it is unnecessary. ceed to the consideration of Executive Jim Bunning, Norm Coleman, Richard We should end hunger in the United Calendar No. 663, Susan C. Schwab, to Shelby, Thad Cochran, John Cornyn, States and, working together, we can. be the United States Trade Representa- Orrin Hatch, Kay Bailey Hutchison. Mrs. DOLE. Mr. President, for the tive. I further ask unanimous consent Mr. SESSIONS. Mr. President, I ask past 3 years I have come to the Senate there be 30 minutes for Senator DOR- unanimous consent that the manda- floor on National Hunger Awareness GAN, 15 minutes for Senator CONRAD, 10 tory quorum be waived. Day to help raise concerns about the minutes for Senator BAUCUS, 30 min- The PRESIDING OFFICER. Without far too prevalent problem of hunger, utes for the chairman. I further ask objection, it is so ordered. both here in the United States and unanimous consent that following the f around the world. In fact, as a fresh- use or yielding back of time, the Sen- man Senator, I delivered my maiden ate proceed to a vote on the confirma- LEGISLATIVE SESSION speech on this topic and have since tion of the nomination, with no inter- Mr. SESSIONS. Mr. President, I ask made it one of my top priorities in the vening action or debate; finally, I ask unanimous consent that the Senate re- Senate. Two years ago on Hunger unanimous consent that following that turn to legislative session. Awareness Day, Senators SMITH, DUR- vote the President be immediately no- The PRESIDING OFFICER. Without BIN, LINCOLN, and I launched the Sen- tified of all of the Senate’s previous ac- objection, it is so ordered. ate Hunger Caucus, with the express

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.106 S07JNPT1 hmoore on PROD1PC68 with HMSENATE