Floor Statements

Madam Speaker, in the 49 years since the Peace Corps was established, nearly 200,000 volunteers have contributed their time, energy, and skills to create opportunity, empower people, and encourage progress in the developing world.

By facilitating an international dialogue between the people of the United States and others across the globe, Peace Corps volunteers have helped to increase cultural awareness, tolerance, and respect at home and abroad. The compassion and commitment of these volunteers have left significant and enduring impacts on individuals and communities throughout the world.

I am honored to represent many Peace Corps alumni, and I would like to recognize ten current volunteers: Claire Albrecht in Zambia; Maridee Bonadea in Mali; Mitra Heffron in Paraguay; Hololapakaen Hoopai in Kyrgyzstan; Kacie Miura in China; Steven Miyakawa in Togo; Nicole Nakama in Botswana; Kathryne Ogin in Ukraine; Mai Shintani in China; and Theodore Varns in Guatemala. The selfless service and dedication of these individuals make them exemplary ambassadors of the Aloha spirit.

Mahalo (thank you) to all Peace Corps volunteers, past and present, for your work in promoting peace and friendship throughout our world.

Mr. Speaker, I rise today to provide additional remarks on H.R. 2314, the Native Hawaiian Government Reorganization Act of 2009, a bill the House passed with a clear majority vote of 245-164 on February 23, 2010.

At the end of the 18th century, King Kamehameha I united the separate island chiefdoms under one Hawaiian monarchy, which was recognized by the United States. This unified Native Hawaiian self-rule continued through most of the 19th century, with Native Hawaiians ``constitut[ing] the overwhelming majority of the political community that participated in decisionmaking in the Kingdom,'' (Jon M. Van Dyke, Population, Voting, and Citizenship in the Kingdom of Hawai'i, 28 U. Haw. L. Rev. 81, 81 (2005)), and came to an end only when, in 1893, commercial interests overthrew the Hawaiian monarchy with the support of the U.S. government.

Even after the overthrow of the Hawaiian monarchy, Native Hawaiians have continued to maintain their separate identity as a single distinctly political community through cultural, social, and political institutions, and through efforts to develop programs to provide governmental services to native Hawaiians. For example, the Hawaiian Protective Association--a political organization with by-laws and a constitution that sought to maintain unity among Native Hawaiians, protect Native Hawaiian interests (including by lobbying the legislature), and promote the education, health, and economic development of Native Hawaiians--was ``organized [in 1914] . . . for the sole purpose of protecting the Hawaiian people and of conserving and promoting the best things of their tradition'' (Hearing on H.R. 13500 Before the Committee on Territories, 66th Cong., 3d Sess. 44 (Dec. 14, 1920) (Rev. Akaiko Akana)).

To this end, the Association established twelve standing committees, published a newspaper, and also developed the framework that became the Hawaiian Homes Commission Act (HHCA) in 1921. In 1918, Prince Jonah Kuhio Kalanianaole, a U.S. delegate to Congress, founded the Hawaiian Civic Clubs, the goal of which was to perpetuate the language, history, traditions, music, dances and other cultural traditions of Hawaii. The clubs' first project was to secure enactment of HHCA and the clubs remain in existence today.

Efforts to maintain a distinct political community have continued into the present day. Examples include the 1988 Native Hawaiian Sovereignty Conference; the Kau Inoa organization, which registers Native Hawaiians for a movement toward a Native Hawaiian governing entity; the efforts to protect the North Western Hawaiian Islands because of their cultural and traditional significance; the creation in the Hawaii State Constitution of the Office of Hawaiian Affairs, which serves as an entity to protect Native Hawaiian interests; and the development of traditional justice programs, including a traditional method of alternative dispute resolution, ``ho`oponopono,'' which has been endorsed by the Native Hawaiian Bar Association.

Moreover, as the findings of H.R. 2314 explain, the Native Hawaiian people have actively maintained native traditions and customary usages throughout the Native Hawaiian community and the Federal and State courts have continuously recognized the right of the Native Hawaiian people to engage in certain customary practices and usages on public lands.

For example, traditional Native Hawaiian fishing and water rights are protected by state law (Haw. Rev. Stat. Sec. 174C-101(c) & (d) (2008) (stating that certain traditional and customary water rights ``shall not be abridged or denied,'' or ``diminished or extinguished,'' by provision of the State Water Code)]; id. Sec. 187A-23 (1985) (providing for recognition of certain ``vested fishing rights'' linked to ``ancient regulations'').

Hawaii courts have also recognized and upheld traditional gathering and access rights, (See, e.g., Public Access Shoreline Hawaii v. Hawaii County Planning Comm'n, 903 P.2d 1246 (Haw. 1995); State v. Hanapi, 970 P.2d 485 (Haw. 1998); Kalipi v. Hawaiian Trust Co., 656 P.2d 745 (Haw. 1982)). Further, Native Hawaiian traditional practices are often permitted on federal parks land (See, e.g., 16

U.S.C. Sec. 396d (KalokoHonokohau National Historical Park). These practices and legal protections further reinforce the Native Hawaiian community's continuing status as a distinctly native community.

Congress has recognized the distinct status of the Native Hawaiians by ``extend[ing] services to [them]'' on the basis of that status, recognizing that they are ``the native people of a prior-sovereign nation with whom the United States has a special political and legal relationship.'' (See, e.g., Brief of United States at 4-5 & nn.2-4, Rice v. Cayetano, 528 U.S. 495 (2000) (noting that Congress has ``established special Native Hawaiian programs in the areas of health care, education, employment, and loans,'' ``has enacted statutes to preserve Native Hawaiian culture, language, and historical sites, and ``by classifying Native Hawaiians as `Native Americans' under numerous federal statutes, . . . has extended to Native Hawaiians many of `the same rights and privileges accorded to American Indian, Alaska Native, Eskimo, and Aleut communities' '' and collecting examples of these congressional acts)).

Other specific examples of Congress' recognition of the distinct status of the Native Hawaiians include the Native American Language Act of 1990, which recognized and clarified the language rights of American Indians, Alaskan Natives, Native Hawaiians, and Pacific Islanders and explicitly allowed exceptions to teacher certification requirements for instruction in Native American languages; the Native Hawaiian Education Act of 1988 (Title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988) which awarded $30 million annually in competitive education grants to programs benefitting native Hawaiian students; the Native Hawaiian Assessment Project of 1983; and special education programs specifically targeting Native Hawaiian students.

As the 1993 Apology Resolution and other recent federal statutes extending educational and health benefits to Native Hawaiians make clear, Congress has found that: (1) Native Hawaiians are ``a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago,'' 42 U.S.C. 11701(1); 20 U.S.C. 7902(1); (2) Native Hawaiians exercised sovereignty over the Hawaiian Islands, 20 U.S.C. 80q-14(11); (3) the overthrow of the Kingdom of Hawaii was ``illegal'' and deprived Native Hawaiians of their right to ``self-determination,'' 107 Stat. 1513; (4) the government installed after the overthrow ceded 1.8 million acres of land to the United States ``without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government,'' id. at 1512; (5) ``the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States,'' ibid.; and (6) ``the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions,'' id. at 1512-1513.

Those findings demonstrate that indigenous Hawaiians, like numerous tribes in the continental United States, share historical and current bonds within their community. Also like tribes in the continental United States, Native Hawaiians, pursuant to Acts of Congress, have substantial lands set aside for their benefit: 200,000 acres of Homestead Act land on which there are thousands of leases to Native Hawaiians that furnish homes to tens of thousands of Hawaiians, and a 20 percent interest in the income generated by 1.2 million acres of public trust lands under the Admission Act.

The fact that the indigenous Hawaiian community does not presently have a central operating tribal government recognized by the U.S. Department of the Interior does not remove that community from the scope of Congress's Indian affairs power. Initially, the Constitution does not limit Congress's Indian affairs power to groups with a particular government structure. ``[S]ome bands of Indians, for example, had little or no tribal organization, while others were highly organized.'' (Fishing Vessel Ass'n, 443 U.S. at 664). Nor does the Constitution limit Congress's power to groups that continue to exercise all aspects of sovereignty. European ``discovery'' and the establishment of the United States necessarily diminished certain aspects of Indian sovereignty (Johnson, 21 U.S. (8 Wheat.) at 574; Cherokee Nation, 30 U.S. (5 Pet.) at 45). Thus, under the Constitution, ``[f]ederal regulation of Indian tribes . . . is governance of once- sovereign political communities'' (Antelope, 430 U.S. at 646).

Moreover, the United States' authority over Indian affairs does not emanate simply from the Commerce Clause's reference to ``Indian Tribes.'' Rather, the Constitution implicitly gives Congress power to manage Indian affairs more generally (Seber, 318 U.S. at 715; Sandoval, 231 U.S. at 45-46; Kagama, 118 U.S. at 383-384). That power does not disintegrate when an indigenous people loses its formal government structure. In the first place, the loss of a particular form of government is not tantamount to termination of all sovereignty or of the prospect that sovereignty might be given expression in the future through governmental or other structures. In the case of Native Hawaiians, a variety of Native Hawaiian organizations are active in a broad range of Native political, cultural, religious, legal, and land- related matters, and furnish vehicles for the expression of self- determination over important aspects of Hawaiian affairs, and thus confirms that Native Hawaiians constitute a present-day ``political'' community (Cf. 25 C.F.R. 83.7(c)).

Further, the Supreme Court has made clear that a central operating tribal government is not a predicate for legislation on behalf of indigenous people. For example, in John, 437 U.S. at 634, the Court upheld the power of Congress to provide for a group of Mississippi Choctaw Indians that did not have a federally recognized tribal government. The United States had entered into a treaty under which the Choctaw Indians would leave Mississippi by 1833. In the 1890s, however, the United States became aware that a group of Choctaws had not left Mississippi. Even though the United States did not regard that remaining group as members of a federally recognized tribe, it began to provide services and land to individual Choctaws in Mississippi.

In 1939, Congress declared that the lands that had been purchased for individual Choctaws would be held in trust for Choctaw Indians of one- half or more Indian blood, resident in Mississippi, and in 1944, Congress made those lands a reservation. Finally, in 1945, Mississippi Choctaws of one-half or more Indian blood adopted a constitution and bylaws, which were then approved by the appropriate federal officials.

Against that background, Mississippi argued that Congress lacked constitutional authority to establish federal criminal jurisdiction in the Choctaw Reservation (John, 437 U.S. at 652). The U.S. Supreme Court rejected that argument, explaining: ``[I]n view of the elaborate history of relations between the Mississippi Choctaws and the United States, we do not agree that Congress and the Executive Branch have less power to deal with the affairs of the Mississippi Choctaws than with the affairs of other Indian groups. Neither the fact that the Choctaws in Mississippi are merely a remnant of a larger group of Indians, long ago removed from Mississippi, nor the fact that federal supervision over them has not been continuous, destroys the federal power to deal with them.''

I would like to take this opportunity to provide clarification on the legislative intent of H.R. 2314, particularly for Sections 2, 3, 4, 5, 7, 8, and 9. My remarks for Sections 3 and 9 are supplementary to the remarks previously made by Congressman Abercrombie.

Madam Speaker, I join with my colleagues in the House to express my deep sadness at the passing of one of the most extraordinary members to serve in the U.S. House of Representatives. Jack Murtha will be missed as a courageous statesman, a respected colleague, an effective legislator, a dedicated representative of his constituents in Pennsylvania, a true friend to those who wear the uniform of one of the U.S. Armed Services, a treasured friend, and most important as a beloved husband, father, and grandfather.

Many of you served with Jack Murtha for decades; as a sophomore member of Congress, I only had the privilege of serving with Jack for a little over three years. Despite the fact that he was one of the most senior and powerful members of our body, Jack was interested in the needs of my district and helped me to secure funding to clean up sites in Hawaii impacted by Department of Defense activities.

Congressman Murtha's decades of dedicated service in the U.S. Marine Corps and Reserve and his service in Vietnam gave him an appreciation of the sacrifices made by the men and women who serve in the Armed Forces. Nothing was more important to him than the wellbeing of service members and their families. And he and his beloved Joyce regularly went to visit the wounded at Walter Reed and other hospitals.

Despite his years of service in the military and his long-time record as an advocate for the military, Jack did not hesitate to speak his conscience. Despite his initial support for the War in Iraq, he became disillusioned with the conduct of the war and called for the withdrawal of our troops. This took great courage and, in my view, speaks to the inherent honor of this fine man.

It is still hard to believe that Jack is gone. He had such a dynamic presence that it feels as if he is still here with us--sitting in his corner holding court. In his book, From Vietnam to 9/11, Jack wrote, ``Ever since I was a young boy, I had two goals in life--I wanted to be a colonel in the Marine Corps and a member of Congress.'' He achieved those goals and so much more.

I send my deepest sympathy to Jack's partner of 55 years, Joyce Murtha; to his daughter Donna; his sons Pat and John; and his grandchildren. I join all my colleagues in giving thanks for Jack's life of service and accomplishment. Mahalo nui loa, Jack.

Thank you very much.

Madam Speaker, I rise today in support of the rule for H.R. 2314, the Native Hawaiian Government Reorganization Act.

I appreciate the leadership of Chairwoman Slaughter, of Congressman Polis and of the work of the Rules Committee in crafting a fair rule. All amendments submitted to the Rules Committee were made in order, including two amendments from the minority.

As coauthor of this bill, I am concerned about the impact and intent of the Hastings and Flake amendments. However, the openness and fairness of the rule is consistent with a bill that has been more than 10 years in the making.

There have been 12 congressional hearings on this bill, five of which were held in Hawaii. It has been marked up by committees in both Chambers. The House passed the bill twice--first in 2000 and again in 2007.

The rule also makes in order the Abercrombie substitute amendment, which reflects a compromise between the Hawaii Congressional Delegation, the State of Hawaii, the Obama administration, Indian Country, and the Native Hawaiian community.

There have been many falsehoods and inaccurate statements made about this bill over the years. One of the many misrepresentations is that this bill is race-based legislation. Native Hawaiians are the native indigenous people of Hawaii. They were in Hawaii as long ago as 300 B.C., long before Captain Cook's so-called ``discovery'' of the Sandwich Isles, as he named this chain of islands.

The U.S. Supreme Court has repeatedly held that legislation enacted to address the special needs and conditions of the native people of the United States does not constitute discrimination on the basis of race or ethnicity.

The sovereign status of Indian tribes recognized by the Constitution was later extended to Alaska natives as indigenous people. On this same basis, Congress has enacted legislation for the aboriginal, indigenous people of Hawaii. The Constitution, including the Indian affairs powers, extends to the original and all subsequently acquired territory of the United States.

For example, in the Louisiana Purchase Treaty of 1803, President Thomas Jefferson bound the United States to honor the treaties between Spain, which held Louisiana prior to France, and Indian tribes until such time as the United States entered into its own treaties with the tribes.

In 1867, in the Treaty of Cession with Russia for what is now the State of Alaska, the United States agreed to pass laws for the benefit of Alaska natives just as it does for natives in the lower 48 States. The Supreme Court ruled in Sandoval v. United States that the Indian affairs power extends to all distinctly native communities within the borders of the United States.

While Congress' authority is not without limit, it clearly can act on behalf of ``distinctly Indian''--which means ``native''--communities. Congress, so long as it is not arbitrary, may rationally act to benefit the native people. Native Hawaiians are distinctly native. They have their own sovereign nation. They have their own language, culture, religion, traditional economy. They are the aboriginal, indigenous people of Hawaii.

I urge my colleagues to support the passage of this rule.

Mr. Speaker, I rise today in strong support of H.R. 2314, the Native Hawaiian Government Reorganization Act, and I thank my good friend Congressman Young from Alaska for his remarks.

Long denied the recognition and rights accorded to America's other indigenous people, this bill will finally enable Native Hawaiians to embark on their long-awaited process of achieving self-determination. I would like to thank Chairman Rahall for his leadership and general support of this important bill. And, of course, I want to recognize and thank my friend Congressman Abercrombie, the bill's chief sponsor, for his years of advocacy for this bill and for his dedicated service to our State and to our country. It is fitting that one of his last legislative actions before his departure from this body will be on the Native Hawaiian Government Reorganization Act, a bill that we both care deeply about.

How we treat our native indigenous people reflects our values and who we are as a country. Clearly there is much in the history of our interactions with the native people of what is now the United States that makes us less than proud. The American Indians, Alaska Natives, and Native Hawaiians, all indigenous people, have suffered at the hands of our government. But one of the great attributes of America has always been the ability to look objectively at our history, learn from it, and, when possible, to make amends.

H.R. 2314 has been more than 10 years in the making. It has been a deliberative and open legislative process. There have been 12 congressional hearings on this bill, five of which were held in Hawaii. It has been marked up by committees in both Chambers. The House has passed this bill twice, in 2000 and again in 2007. We have a bill now that is constitutional and one that the House should again pass.

The goals and purposes of this bill are consistent with the history of the Native Hawaiian people and the record of the United States' involvement in Hawaii. The bill is also consistent with the over 160 existing Federal laws that promote the welfare of the Native Hawaiian people by, among other things, helping them to preserve their culture and return to their lands. Building on that history, H.R. 2314 will formalize the special political and legal relationship between the United States and the Native Hawaiians by providing a process through which the Native Hawaiian community can reorganize its governing entity within this relationship.

The Kingdom of Hawaii was overthrown in 1893. Hawaii's last monarch, Queen Liliuokalani, was deposed by an armed group of businessmen and sugar planters, who were American by birth or heritage, with the critical support of the U.S. troops. The queen agreed to relinquish her thrown under protest to avoid bloodshed. She believed the United States, with which Hawaii had diplomatic relations, would do the right thing and restore her to the thrown.

It's important to note that the sovereign nation of Hawaii had treaties with other nations besides the United States, including Great Britain, France, Germany, Italy, Japan, and Russia. As we now know, despite the objections of U.S. President Grover Cleveland, the injustice of the overthrow of an independent sovereign nation was allowed to stand and the Republic of Hawaii was established.

In 1898, the United States annexed Hawaii. Prior to annexation, a petition drive organized by Native Hawaiians secured signatures of almost two-thirds of the Native Hawaiian population who opposed annexation. The total was 29,000 signatures out of an estimated Native Hawaiian population of 40,000. As a further historical note, the Native Hawaiian population prior to Western contact numbered between a conservative estimate of 300,000 to as many as 1 million Native Hawaiians.

The siege of Native Hawaiian culture continued after annexation. The Republic of Hawaii prohibited the use of the Hawaiian language in schools. Everyday use of the Hawaiian language diminished greatly and was in danger of dying out. Hula dancing, which had been suppressed by the missionaries and then restored by King Kalakaua, who preceded Queen Liliuokalani, survived but did not flourish. Hawaiians were pressured to assimilate and much of their vibrant culture was lost or went underground.

In 1903, Prince Jonah Kuhio Kalanianaole was elected to serve as Hawaii's delegate to Congress. And one of his most notable achievements was the passage of the Hawaiian Homes Commission Act of 1920, which set aside some 200,000 acres of land for Native Hawaiians. The reason for the legislation was the landless status of so many Native Hawaiians who were displaced by newcomers to the islands and who became the most disadvantaged population in their native land. Congress passed the Hawaiian Homes Commission Act, which is still in force, in recognition of its responsibility toward Native Hawaiians.

As with other indigenous people, Native Hawaiian views on land tenure were different from that of the newcomers, resulting in loss of much of the land that had been traditionally occupied and cultivated by Native Hawaiians. They lost these lands to these newcomers.

Hawaii became a State in 1959. Beginning in the late 1960s and early 1970s, a Native Hawaiian cultural rediscovery began in music, hula, language, and other aspects of the culture. This cultural renaissance was inspired by hula masters or kumu hula who helped bring back ancient and traditional hula, musicians and vocalists who brought back traditional music and sang in the Hawaiian language, and political leaders who sought to protect Hawaii's sacred places and natural beauty.

This flourishing of Hawaiian culture was not met with fear in Hawaii but with joy and celebration and an increased connection with each other. People of all ethnicities in Hawaii respect and honor the Native Hawaiian culture. The idea of self-determination by Native Hawaiians is regarded by most of our residents as just because we understand Hawaii's history and the importance of our host culture.

In closing, it is well established that the United States Constitution grants Congress broad general powers to legislate and respect the native people, and these are powers that the U.S. Supreme Court has consistently described as ``plenary and exclusive.'' Congress's plenary authority over Indian affairs includes the power to authorize and prescribe the process by which Indian tribes and aboriginal people organize or reorganize for purposes of carrying out a government-to-government relationship with the United States.

The State of Hawaii motto, which was also the motto of the Kingdom of Hawaii, is ``Ua mau ke ea o ka aina i ka pono,'' which translates to ``the life of the land is perpetuated in righteousness.'' Native Hawaiians, like American Indians and Alaska Natives, have an inherent sovereignty based on their status as indigenous, aboriginal people. I urge your support of H.R. 2314.

Mahalo nui loa. Thank you.

Mr. Speaker, I rise today in strong support of the Abercrombie substitute amendment.

This amendment reflects a compromise between the Hawaii delegation-- who I might add are also duly elected by the people of Hawaii--the State of Hawaii, the Obama administration, Indian Country, and the Native Hawaiian community.

Much has been made of remarks and statements by Hawaii's Governor and Attorney General on the substitute amendment. Let me say that the Hawaii delegation took their concerns, which were first raised in December, very seriously and many of their recommendations are reflected in the Abercrombie substitute before you today.

Under this bill, the Native Hawaiian governing entity will have the same inherent powers--no more, no less--as other native governments possess, namely, American Indians and Alaska Natives. Hawaiians historically have been the object of unjust and unfair treatment at the hands of our government. Why should we perpetuate such treatment?

In seeking to have Native Hawaiians' inherent powers be treated differently from how American Indians and Native Alaskans were treated, the Governor and Attorney General's position opens the door to challenging such powers as exercised by the American Indians and Alaska natives. This is problematic for all native peoples.

While the substitute amendment makes changes to this version of the bill, it has in no way changed the intent of the legislation. This bill remains a path for Native Hawaiians to achieve self-determination as it has been provided to American Indians and Alaska Natives. This has remained a consistent and constant goal of the Hawaiian delegation. After all of the years of work and compromise on this bill, this should be the year that Congress finally seizes the opportunity to provide long-awaited justice to Native Hawaiians.

We all know the previous administration did not support the Akaka bill, and a Presidential veto was likely. But now we have the support of a President who understands and supports the indigenous people of our State.

It is disappointing that when we are on the cusp of reaching a historic milestone in the history of our State and our country, our Governor and Attorney General have withdrawn their support of this bill. But Congress can and should do the right thing by passing this bill. In spite of all of the race-based, technical, and other rhetoric you will hear against this measure, it is high time that Native Hawaiians through this bill can once again embark on a journey of historic proportions.

I urge support of the Abercrombie substitute amendment.

Mr. Speaker, I rise in strong opposition to the Hastings amendment, which is unnecessary and, frankly, insulting to Native Hawaiians.

We can no longer treat Native Hawaiians as any less deserving of Federal recognition than other indigenous people. Citizens of one State don't get to approve or disapprove the laws of another State or proposed amendments to another State's constitution. This is also true of native governments in the United States. Citizens of States that include Indian nations or tribes are not

able to approve or disapprove governing documents of these native governments unless they are also citizens of the native government in question.

This bill provides a process of self-determination for Native Hawaiians by Native Hawaiians. The idea that everyone else in Hawaii should vote on whether they should be allowed to do so is completely contrary to the intent of this bill.

The Hastings amendment undercuts a basic principle in our constitutional principle of government, that citizens have a right to determine their own laws and be governed by those laws. It would set a precedent that could have negative consequences on other native and even State governments.

Put more bluntly, unless you believe that citizens of other States should be able to vote to approve or amend the organic governing documents of your own State, you should oppose the Hastings amendment. I urge my colleagues to do so.

Mr. Speaker, I rise in strong opposition to the amendment introduced by Congressman Flake.

Congressman Flake has personal ties to the State of Hawaii and I appreciate his interest in the underlying bill. However, his amendment duplicates existing legal guarantees in the Indian Civil Rights Act of 1968.

Contrary to what opponents of the bill have stated, everyone in Hawaii, Native Hawaiians and non-Native Hawaiians, will continue to be citizens of the United States upon passage of the bill, and therefore, afforded all the protections of the U.S. Constitution.

The Abercrombie Substitute Amendment further clarifies that upon recognition by the United States, the Native Hawaiian governing entity would have no authority over nonmembers, unless those nonmembers expressly consented to the jurisdiction of the governing entity.

Section 10 of the Substitute would make the governing entity adhere to the Indian Civil Rights Act, which guarantees protections for both members of the governing entity and nonmembers alike.

This bill provides for a careful balance of the interests of the federal government, the State of Hawaii, and the Native Hawaiian governing entity. I urge my colleagues to oppose the Flake Amendment.

Madam Speaker, I rise today to join my colleagues to express my profound condolences to the people of Haiti in the aftermath of the devastating 7.0-magnitude earthquake that struck the nation on January 12, 2010.

I led a congressional delegation to Haiti in May 2009 to support that country's efforts to promote democracy, stability and prosperity. During that visit, I saw the many challenges Haitians face and how they meet those challenges with courage and determination.

Our delegation met with Haitian President Rene Preval at the National Palace and we also met with members of the Haitian Parliament at the Senate building. To now see photos of both of those buildings in ruins and to hear stories of members of the Senate being pulled out of the rubble has strengthened my resolve to continue to support Haiti and its people. The tragic images and on-the-ground news reports cannot but move us to action.

We also visited two Partners in Health, PIH, facilities. PIH brings modern medical care to poor communities around the world and has been working in Haiti for over 20 years. Thankfully, PIH facilities in the central plateau region of Haiti, while experiencing the strong shock of the earthquake, had no major building damage or staff or patient injuries. PIH was able to mobilize their resources and bring medical assistance and supplies to other areas of the island that have been hardest hit. None of this has been easy to do in a country where the infrastructure, subpar to begin with, was virtually destroyed. I thank PIH as well as all the other organizations and individuals for the difficult work they are doing in Haiti in the wake of this devastation.

President Barack Obama acted very quickly and decisively to send vital assistance to Haiti. The Administration's coordination of this international relief effort has been one of the largest in recent history.

Secretary of State Hillary Clinton has said that our efforts to rebuild Haiti will be a long term investment and I stand by her commitment. Our country has a special responsibility to help our neighbor move beyond the poverty, despair, and dysfunction that have plagued Haiti for far too long.

I urge my colleagues to join me in support of continued investment in the people of Haiti.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1007) commending the University of Alabama for winning the Bowl Championship Series National Championship Game.

Mr. Speaker, I ask unanimous consent for 5 legislative days during which Members may revise and extend and insert extraneous material on H. Res. 1007 into the Record.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today to congratulate the University of Alabama football team for their victory in the 2010 Bowl Championship Series National Championship Game.

On January 7, football fans all across the country were treated to an exceptional game as the University of Alabama Crimson Tide defeated the University of Texas Longhorns to win the national title. With the defeat of the Longhorns team by a score of 37-21, the championship game marked an NCAA record of 57 bowl appearances for the Crimson Tide.

This was the Crimson Tide's first title since 1992, its eighth since the advent of the polls in the 1930s, and its seventh number one Associated Press title. This year's team earned a 14-0 season record and won the Associated Press title unanimously. The team's win brought a fourth consecutive title back to the Southeastern Conference. The Crimson Tide had won all season on the strength of their defense and running game, and they did so again in the championship game.

The outstanding players and coaches produced a great season, winning numerous awards and gaining exceptional praise from all over the athletic world, including the National Football Foundation and the Football Writers Association. Both rewarded the team with honorary awards.

Congratulations to Mark Ingram, who received the Heisman Trophy, becoming the first University of Alabama player and the third sophomore in history to win the award. Ingram won the award by only 28 points, the closest finish in the Heisman award's 75-year-long history. A Dean's List student at the University of Alabama, Ingram excels both on and off the field. He ran 116 yards in the championship game and scored 2 touchdowns on 22 carries, leading his team to victory and to his being named the offensive most valuable player of the game.

Congratulations are also due to defensive end Marcell Dareus, also a sophomore at the university, who was named defensive most valuable player of the game. Dareus made the game's key defensive play in the second quarter with an interception return for a 28-yard touchdown run.

I want to extend my congratulations to Head Coach Nick Saban. In the short span of 3 years, Saban took a program that had struggled to find success and brought it back to championship caliber. A two-time National Coach of the Year, Saban has achieved resounding success as a head coach. Over the years, he has earned a reputation as an outstanding leader, organizer, and motivator. His commitment to rebuilding the total college football program at the University of Alabama, paired with his conviction to make his players the best that they can be, has led his team to be leaders on and off the field. His team has repeatedly exhibited grit, determination, and resilience, often overcoming adversity to achieve victory.

The extraordinary achievement of this year's team is a tribute to the skill and dedication of all the players, as well as coaches, students, alumni, families, and fans that have helped to make the University of Alabama a premier football program. Winning the national championship, finishing the season with a 14-0 overall record, and leading the Southeastern Conference to another championship has brought national acclaim to the University of Alabama and great pride to those that care for the school. I know the fans of the university will revel in this great triumph as they look forward to the 2010 season.

Mr. Speaker, once again I congratulate the University of Alabama football team for their tremendous success.

I reserve the balance of my time.

Mr. Speaker, I notice my friend, Mr. Bachus, the introducer of this resolution, probably awaiting a chance to make some remarks. So I reserve the balance of my time.

I would like to ask whether the gentleman from Kentucky has any further speakers.

Mr. Speaker, once again I would like to congratulate the University of Alabama for their tremendous win. And I in particular would like to thank my friend, Mr. Bachus, for his comments about how good sportsmanship should be played on all fields, including this field.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1004) congratulating the Northwestern University Feinberg School of Medicine for its 150 years of commitment to advancing science and improving health.

Mr. Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on H. Res. 1004 into the Record.

Mr. Speaker, I yield myself such time as I may consume.

I rise today in support of H. Res. 1004, which congratulates the Northwestern University Feinberg School of Medicine for its the 150 years of commitment to advancing science and health through educating students and supporting significant research in the medical field.

The Feinberg School of Medicine started their first classes in 1859, and is now one of 11 colleges at Northwestern University. Feinberg School of Medicine enrolls over 4,130 students; 1,600 full-time, 200 part-time, and 284 research students, and has established itself as one of the most premier medical schools in the Midwest.

Much has changed at Feinberg School of Medicine over its 150-year history, but the core principles have remained constant. The school still strives to empower its students to make a difference and use their education to positively impact the world around them. As one example, Feinberg's free community health outpatient medical clinic, located on the west side of Chicago, provides medical care to low- income patients, while offers Feinberg students a practical environment in which to learn from one another and attending physicians. Through the clinic's interactive learning style and commitment to public service, the community health clinic gives students a taste of clinical medicine and prepares students to be successful by giving them practical, firsthand experience in the field of medicine.

The Feinberg School of Medicine is also part of the McGraw Medical Center of Northwestern University. Nearly all of its attending staff members have faculty appointments at the school, and many medical students and residents receive some of their education at this center and the community health clinic. Because of these connections, medical students and residents have an opportunity to apply the knowledge learned in the classroom to real patients, situations, and medical settings.

Through its research initiatives, state of the art clinical facilities, consistent outreach to the local community, and innovative curriculum, the medical school attracts bright and talented individuals to its faculty and student body. Feinberg School of Medicine produced a number of leaders and innovators in the medical field, including Mary Harris Thompson, Northwestern's first female medical graduate, and by some accounts, the first female surgeon in the U.S.; John A. D. Cooper, who was among the most prominent medical educators of the 20th century; Debi Thomas, the first African-American figure skater to win a medal at the Winter Olympics in 1988. She completed Feinberg School of Medicine in 1997, and has since become a leading orthopedic surgeon. These are only a few of the school's notable alumni changing the medical profession as we know it.

I want to express my support for Northwestern University's Feinberg School of Medicine and thank Congressman Davis for bringing this bill forward. I urge my colleagues to support this resolution.

I reserve the balance of my time.

Mr. Speaker, once again, I congratulate the Feinberg School of Medicine for their leadership in medicine and science and urge my colleagues to support this resolution.

I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 776) congratulating the Dartmouth Outing Club of Hanover, New Hampshire, for 100 years of service to the United States and its wilderness, as amended.

Mr. Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on H. Res. 776 into the Record.

I yield myself such time as I may consume.

Mr. Speaker, I rise today in support of H. Res. 776, celebrating the Dartmouth Outing Club of Hanover, New Hampshire, for 100 years of service to the United States and its wilderness.

Dartmouth has a rich history. In his arguments in 1818 to the Supreme Court in the Dartmouth College case, Daniel Webster said: ``It is, sir, as I have said, a small college, and yet there are those who love it.'' Dartmouth is no longer small, yet many continue to admire the important contributions of Dartmouth's faculty, students, and organizations, including those of the Dartmouth Outing Club of Hanover.

Founding in 1809, the club set out to pique students' interest in the vast arctic sports that New Hampshire's winter has to offer. However, by the end of the school clear, it had grown to encompass the students' year-round recreational activities. This resolution proudly acknowledges and celebrates the club's century of contributions. These contributions include the establishment of many programs and projects which have provided opportunities for students to learn about, appreciate, and experience their natural environment year round. The club teaches wilderness skills and sports and safety know-how. The Environmental Studies Division of the club also offers lessons in environmental sustainability and conservation.

With over 1,500 student members, the Dartmouth Outing Club of Hanover is the largest collegiate outing club in the Nation. The club organizes trips in the out-of-doors and is also tasked with maintaining over 70 miles of the Appalachian National Scenic Trail.

The club has been a pioneer for environmental sustainability. In the spring of 1977, the club testified before Congress regarding the Alaska Lands Act, which led to the establishment of the Dartmouth Organic Farm. In addition, Dartmouth's Outing Club built a carbon-neutral greenhouse and re-engineered the club's big green bus to run on vegetable oil and solar energy.

This resolution encourages us all to join in the celebration of the Dartmouth Outing Club's 100 years of exemplary service to our Nation's wilderness and the Dartmouth community.

Mr. Speaker, once again, I express my support of H. Res. 776 and urge my colleagues to support this measure.

I reserve the balance of my time.

Once again, I congratulate the Dartmouth Outing Club. At a time when environmental and outdoor issues in protecting our wilderness are such major concerns to so many of us, especially the young people, I thank them for their 100 years of leadership in these areas.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1008) honoring the contributions of Catholic schools, as amended.

Mr. Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on H. Res. 1008 into the Record.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today in support of H. Res. 1008, which recognizes the contributions of our Nation's Catholic schools.

The Nation's first Catholic school was established in 1606 in present day St. Augustine, Florida. Since then, Catholic schools have become a critical part of America's education system. Today, the U.S. boasts more than 7,000 Catholic elementary and secondary schools that educate more than 2 million students from diverse ethnic, cultural, and religious backgrounds.

America's Catholic schools are an important education alternative for many families. Their private status provides them with the ability to implement rigorous curricula that incorporate moral values and ethics. Though not all of its students identify as Catholic, each one receives a quality education experience filled with academic rigor, character development, and spiritual lessons.

Catholic schools are known for their commitment to the academic and moral development of their students. Their students consistently demonstrate high levels of achievement. In 2000, Catholic high schools graduated 99 percent of their students, with the majority of these students continuing their academic careers at trade schools and other 2- and 4-year institutions. In the 2008/2009 school year, Catholic schools maintained a 14-1 student-teacher ratio, giving the students the benefit of a small classroom environment.

The week of January 31, 2010, to February 6, 2010, is designated by the Catholic Educational Association and the United States Conference of Catholic Bishops as Catholic Schools Week.

Catholic Schools Week honors these important educational institutions and celebrates their many achievements.

Mr. Speaker, I support this resolution and ask that my colleagues join me in reaffirming Congress' commitment to education excellence and diversity with the passage of the National Catholic Schools Week resolution. I also want to thank Representative Lipinski for bringing this bill forward.

I reserve the balance of my time.

Mr. Speaker, I am pleased to yield such time as he may consume to the sponsor of this legislation, my friend, the gentleman from Illinois (Mr. Lipinski).

Mr. Speaker, to attest to the diversity of a Catholic education, I, too, have a degree from a Catholic school.

I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1015) congratulating the Penn State women's volleyball team on winning the 2009 NCAA Division I national championship.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on H. Res. 1015 into the Record.

I yield myself as much time as I may consume.

Mr. Speaker, I rise today to congratulate the Penn State women's volleyball team on winning the 2009 NCAA Division I women's volleyball championship tournament.

On December 19, 2009, the top-ranked Penn State women's volleyball team made history by becoming the first team to win three consecutive national titles and four overall NCAA national championships. The Penn State Nittany Lions entered the tournament ranked as the top seed and defeated the Texas Longhorns in dramatic fashion. After trailing 0-2 in the championship match, Penn State put together an amazing come-from- behind effort, eventually winning 3-2. The Penn State women's volleyball team holds the Nation's longest winning streak with 102 matches.

With a 30-0 record, a top-ranked season, and a national championship, Penn State has much to be proud of.

Senior Megan Hodge led the Nittany Lions with 21 points, while both junior Blair Brown and freshman Darcy Dorton contributed 13 points in the championship match. Brown made 14 saves, Hodge had 13, and senior setter Alisha Glass had 12. Hodge, Brown, Glass, and Arielle Wilson, a junior, were named American Volleyball Coaches Association First Team All-Americans, and Hodge was the 2009 ESPN, the Magazine Academic All- American of the year. Quite a feat considering the demands of an elite Division I athletic program.

Congratulations are also in order for Coach Russ Rose. After this year, he posted 1,001 wins in his career at Penn State. Heading one of the most successful programs in the country, Russ Rose collects wins at a staggering pace. Never having posted less than 22 wins in a season, he understands how to bring the best out of his athletes and coaching staff.

Volleyball demands extreme focus and composure. The Penn State women's volleyball team earned the highest athletic honor, a national championship. I know the fans, alumni, students, faculty, and athletes will relish this experience and look forward to next year's season.

Mr. Speaker, once again I congratulate the Penn State women's volleyball team for their success, and thank Representative Thompson for bringing this resolution forward.

I reserve the balance of my time.

Mr. Speaker, I would like to end my remarks by thanking Mr. Thompson, the introducer of this resolution. I heard him mention the University of Hawaii, which, as you know, is also a powerhouse volleyball women's team. So it just goes to show how far we have come with title IX. And that title was named for my friend and predecessor, the late Patsy T. Mink.

I yield back the balance of my time.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 991) commending the University of Virginia men's soccer team for winning the 2009 Division I NCAA National Championship.

Mr. Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on H. Res. 991 into the Record.

Mr. Speaker, I yield myself such time as I may consume.

I rise today in support of H. Res. 991, which commends the University of Virginia's men's soccer team for winning the 2009 Division I NCAA National Championship.

The UVA men's soccer team, ranked second in the Nation, collected its sixth NCAA championship and its first since 1994. The Cavaliers defeated the top-ranked University of Akron team in a penalty kick shootout after a scoreless regulation and double overtime play. This game was extremely competitive, and highlighted the athletic prowess of all the players on the field. After 110 minutes of grueling play, the game was ultimately decided with an extremely intense shootout. The UVA soccer team was able to accomplish its goals, edging out Akron 3-2 in the shootout. Their effort and talent deserves to be recognized.

The UVA Cavaliers posted a 19-3-3 regular season record and finished the season with an amazing 16-game unbeaten winning streak. The victory also gave UVA its 19th school national championship. The team applied the lessons learned during the season and displayed their outstanding athletic skills and cohesive team strategy, allowing fewer goals to be scored against them than any other team in the Nation. Entering the title game, their last goal allowed was on October 17, in a 3-1 victory over Virginia Tech.

Five Cavaliers were named to the All-Tournament team. Diego Restrepo, Jonathan Villanueva, Brian Ownby, Mike Volk, and Tony Tchani. Villanueva was also named Most Outstanding Offensive Player, while Restrepo was named Most Outstanding Defensive Player of the game. Tchani and Restrepo were named the first team All-Americans, and Tchani was drafted by the New York Redbulls in

the Major League Soccer Superdraft. Even with all the individual accolades and awards, the 2009 national championship contained a total team effort, and each member of the team should be commended for athletic excellence.

Special congratulations are due to Coach George Gelnovatch. He wrapped up his 14th season as head coach and led his talented defensive team to a historic championship. He earned his 200th career victory during the regular season and led UVA to its fourth ACC tournament title during his tenure. Additionally, Soccer America named Coach Gelnovatch Men's Coach of the Year.

Mr. Speaker, once again I congratulate the University of Virginia's men's soccer team for winning the 2009 Division I NCAA Championship title. I want to thank Congressman Perriello for bringing this bill forward. I wish the program much success in the 2010 season.

I reserve the balance of my time.

Once again, Mr. Speaker, I urge everyone to support this resolution.

I yield back the balance of my time.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Madam Speaker, on rollcall No. 985 and 986, had I been present, I would have voted ``yes'' on both.

Madam Speaker, years of deregulation and exorbitant risk- taking in the financial markets contributed to the financial turmoil we're in today. Last week, the House passed a bill that would bring common sense reforms on Wall Street so that taxpayers would never again be on the hook for bailing out firms and banks for their risky, irresponsible behavior.

Congress must now pass legislation that puts people back to work. Through TARP, the federal government loaned billions of taxpayer dollars to Wall Street. It's time for Wall Street to help create jobs on Main Street.

This can happen in two ways: by using some of the available TARP funds and by imposing a modest Wall Street transaction tax on certain securities trades. This latter proposal could raise up to $150 billion a year, part of which could go toward infrastructure investment and partly to debt reduction.

I ask my colleagues to support these proposals so that we can curb speculation and create jobs that will put Americans back to work again.