Protecting Volunteer Firefighters and Emergency Responders Act of 2014

Floor Speech

Date: Dec. 12, 2014
Location: Washington, DC

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Ms. HIRONO. Mr. President, I intend to call up H.R. 4329, the Native American Housing and Self-Determination Reauthorization Act, but I would like to say a few words about the bill before I do. This bill reauthorizes programs that support housing for Native Hawaiians, Alaska Natives, and American Indians.

Earlier this week, the senior Senator from Montana asked unanimous consent that the Senate take up and pass S. 1352, the Native American Housing and Self-Determination Reauthorization Act of 2013. The bill would reauthorize programs that promote and support affordable housing for Native Americans, Alaska Natives, and Native Hawaiians. My good friend, Mr. Lee, the Senator from Utah, who is on the floor this afternoon, objected to passing this important Senate bill, noting his objections to the Hawaiian Homes Commission Act.

I am here on the floor today to offer an alternative--H.R. 4329. Like the Senate bill which was objected to earlier this week, this bill is a bipartisan bill. H.R. 4329 reauthorizes the Native Hawaiian Housing Block Grant, the Section 184 Indian Home Loan Guarantee Program, and programs that provide support for housing funding for Native American veterans.

Let me note here that we know that Native Americans enlist in the military at a higher rate than other segments of this country. Of course, the House bill I am referring to supports many other good programs and, yes, including the Native Hawaiian Housing Block Grant and the Section 184A Native Hawaiian Home Loan Guarantee Program.

We know the housing need in Indian country is staggering. Congress knew and recognized this fact when it created the broader Indian housing programs earlier to help address those needs and when it reauthorized these programs again and again.

Is the House bill perfect? I would say no. But I must applaud my good friend, Congressman Don Young of Alaska, my colleagues, Congresswomen Colleen Hanabusa and Tulsi Gabbard, and of course the bill's sponsor, Congressman Steve Pearce, for their work in crafting a bill that passed the House by voice vote. There were no Republican objections. There were no Democratic objections. To rely on an old adage, let us not allow perfection to be the enemy of the good. And this is a good bill.

Should we forget our promises and responsibilities to our indigenous population? I freely admit that we have not always been good stewards of our responsibilities, and we have not always been good friends with Indian Country. But we try, and with this bill we again are trying.

Let me now turn to address Senator Lee's specific early objections to the Senate bill. The Senator stated that he believes the blood quantum requirement in the Hawaiian Homes Commission Act is unconstitutional. I would say to my friend from Utah that in the context of Federal Indian law, which is applicable here, blood quantum requirements are not viewed as unconstitutional racial classifications. Instead, they demonstrate connectivity to an indigenous political entity which Congress can treat under the Indian commerce clause. It is why Congress set a blood quantum requirement of 50 percent or more for the Hawaiian Homes Commission Act, a blood quantum requirement of 50 percent or more for the Indian Reorganization Act, and 25 percent or more for the Alaska Native Claims Settlement Act. Native

Hawaiians, Native Americans, and Alaska Natives are indigenous people all, which my colleague Senator Lee acknowledges.

My colleague might argue that in the Supreme Court's decision in Rice v. Cayetano, the Court held that ``ancestry ..... is a proxy for race.'' I would respond to my colleague by saying that I was the Lieutenant Governor of Hawaii at the time, serving under Ben Cayetano, who is named in the Rice v. Cayetano suit, and I had the opportunity to sit in the Supreme Court while the Rice case was being argued. That case is broadly, but often incorrectly, cited because it was quite narrow in its applicability. The Supreme Court in that case held that a State--a State--could not restrict who could vote for members of a quasi-State agency. In contrast to such State action, Congress has given wide latitude and broad deference in dealing with America's indigenous people.

So Mr. President, I ask unanimous consent that the Indian Affairs Committee be discharged from further consideration of H.R. 4329 and that the Senate proceed to its immediate consideration; that the bill be read a third time and passed; and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

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