Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 8, 1 ʻAukake 2004 — Time running short for Akaka Bill [ARTICLE]

Time running short for Akaka Bill

After an attempt to attach it as an amendment to a lawsuit-reform bill runs afoul of partisan politics, few opportunities remain for passage of the federal recognition measure before Congress adjourns

By Derek Ferrar With the second and final year of the 108th U.S. Congress nearing its end, time is running short on hopes for passage of a federal recognition bill for Hawaiians. Efforts to move the bill forward in the Senate have been stymied by a procedural hold placed on it by opponents of the measure, and with just a few work days left before the session ends prior to the November general election, consideration of the Akaka Bill is likely to be a low priority. The Senate is now on August recess, with tentative plans to reconvene on Sept. 7 and work through early October. If the recognition measure does not pass before adjournment, it will have to be re-introduced from scratch in the next two-year congressional cycle. In early July, Hawai'i Sens. Daniel Akaka and Daniel Inouye attempted to force a vote on the bill by attaching it as a "kitchen-sink" amendment to a major

measure on class-action lawsuits — a commonly practiced late-session tactic to promote consideration of stalled legislation. In fact, the recognition measure joined a host of other amendments proposed by the Democratic minority, dealing with everything from global warming to assault weapons. In an unusual move, however, Senate Majority Leader Bill Frist (R-Tenn.) employed a seldom-used procedure to block amendments and limit debate before a final vote on the class-action reform bill. But the procedure, known as "stacking the amendment tree," fell well short of the required 60 votes, effectively killing the class-action measure along with the Akaka Bill and other amendments. "Mr. President, I rise today to express my extreme disappointment with the actions of the majority leader in preventing the consideration of amendments, including ... the Native Hawaiian Government Reorganization Act," Akaka said following the vote. "The Senate Committee on Indian Affairs has

See AKAKA BILL on page 18

AKAKA BILL Irom page 1 favorably reported this b i 1 1 for the past. three Congresses. Our legislation enjoys widespread support in Hawai'i. Our govemor supports it, our st.at.e Legislat.ure supports it, and a majority of our const.itueiit.s support it. For five years, we have worked to enact. this bill, wliieli has effectively been blocked from Senat.e consideration by a handful of Senators who refuse to acknowledge Nat.ive Hawaiians as indigenous people. "Mr. President., we have the votes to pass this legislation .... This is why we sought t.o have our legislation considered today because we kiiew we could debate it quickly and pass it. I j oin iny other colleagues in expressing iny disappointment with the procedural iiianeuvering that has occurred today.'" In a st.at.ement, Akaka said that he and the rest. of the st.at.e's congressional delegation would "continue to pursue opportunities to advance this important legislation in thc 108th Congress." But as tiine runs out, so do t.he opt.ions for advancing the measure. Akaka and Inouye have said t.liey believe tliey have the 60 votes necessary to force the measure t.o t.he floor, but t.here is little time left for such a move, whieh wouM be a rare occurrence in Senate etiquette. Still, proponents of the measure reinain liopel'ul it. ean be passed this

year. "It's not over until the gavel comcs down," OHA Cbairperson Ilaunani Apoliona told the press. ■