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The Honolulu Advertiser
Posted on: Friday, June 9, 2006

Measure's rejection could open senator's fresh political wound

 •  After bill fails, Akaka vows to try again

By Kevin Dayton
Advertiser Big Island Bureau

U.S. Sen. Daniel K. Inouye, D-Hawai'i, spoke on the floor of the Senate yesterday in support of the Native Hawaiian Act (S-147), the so-called Akaka bill.

CSPAN

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HISTORY OF THE NATIVE HAWAIIAN RECOGNITION BILL

July 2000: Sen. Daniel Akaka and others introduce a bill in Congress to gain federal recognition for Hawaiians. Supporters say the Native Hawaiian recognition bill — dubbed the Akaka bill — would help to right the wrong of the U.S.-backed overthrow of the Hawaiian monarchy in 1893 and that it is necessary to fight off the legal challenges against programs set up to help Hawaiians. Opponents say the bill creates a separate government entity that is race-based and therefore unconstitutional. Some Hawaiian groups also oppose the bill, saying it does not go far enough.

Summer/fall 2000: The bill passes a vote in the House, but stalls and finally dies in the Senate amid political squabbling about concerns such as its cost and disagreements about the scope of Hawaiian sovereignty.

Summer 2001: The Hawai'i Advisory Committee to the U.S. Commission on Civil Rights recommends that the federal government take steps to provide more help for Hawaiians, including enacting provisions in the bill. The Office of Hawaiian Affairs begins lobbying in support of the bill.

Spring/summer/fall 2003: The bill remains stalled by Republicans in the House and Senate, some of whom say it will give race-based benefits to Hawaiians.

Fall 2004: The push for federal recognition intensifies in Congress. U.S. Sen. Daniel K. Inouye says he's planning to attach the legislation to one of the 12 appropriations bills still moving through Congress; and a key House committee approves the bill.

January 2005: Although the bill failed to come up for a vote in 2004, Hawai'i's congressional delegation is promised that the bill will get hearings and a vote in 2005.

March 2005: The Senate Indian Affairs Committee unanimously approves the bill and sends it to the full Senate for consideration under an agreement reached with Senate leadership.

June 2005: Congressional leaders schedule a Senate debate and a vote on the bill for the week of July 18; local officials say they expect it to pass.

July 14, 2005: The Department of Justice raises "serious policy concerns" about the bill. Among other issues, the department wants to shorten or eliminate the time allowed for monetary claims by Hawaiians; add language that explicitly prohibits gambling; and allow non-Hawaiians to sit on the panel that would chart the course of a sovereign Hawaiian entity.

July 20, 2005: A group of as many as six Republican senators move to stop the bill from coming to the floor for a debate.

July 29, 2005: Senate Majority Leader Bill Frist, R-Tenn., starts the cloture procedure that could eventually force a debate and floor vote.

Sept. 6, 2005: A vote scheduled on whether the Akaka bill will get a full airing on the Senate floor is postponed as Congress focuses on the needs of Gulf Coast residents in the aftermath of Hurricane Katrina.

Sept. 16, 2005: Akaka issues an amendment to the bill as a means to appease White House officials and some opponents.

May 4: The U.S. Commission on Civil Rights votes to recommend that Congress not pass the bill.

May 8: Akaka vows to take to the Senate floor each day to educate colleagues about the bill and the issue of sovereignty until a cloture vote is scheduled, a promise he kept through May 11.

May 11: Akaka announces on the Senate floor that when the senators return from their May recess, Frist will petition for a cloture to force the bill to the floor despite opponents' objections.

Wednesday: The Senate holds a three-hour debate tied to the petition to bring the bill to the floor, marking the first time it is considered at length in the Senate since it was introduced six years ago.

Yesterday: The Senate votes 56-41 to reject a measure to bring the bill to the floor for debate and a vote. Sixty votes were needed. Akaka said he would try again during the current legislative session. Time is running out, however.

The Akaka bill must pass the Senate and House of Representatives in the same two-year session of Congress for it to become law. The current session runs until the end of 2006.

If it doesn't receive approvals from both chambers, supporters would have to start all over again when a newly elected Congress convenes in January.

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Holly Mahealani Jachowski, 13, presented a lei to Sen. Daniel K. Akaka, D-Hawai'i, before a Washington news conference yesterday on the Native Hawaiian bill. Akaka is the principal sponsor of the bill that later was rejected by the Senate.

LISA NIPP | Gannett News Service

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Yesterday's failure to force a U.S. Senate vote on the federal recognition bill for Native Hawaiians was stinging for U.S. Sens. Daniel K. Akaka and Daniel K. Inouye, but the four-vote loss may do more lasting harm to Akaka than Inouye, political observers said.

Hawai'i pollster and political consultant Don Clegg said yesterday's setback for the Akaka bill could be politically dangerous for Akaka in his effort to fend off the Democratic primary challenge from U.S. Rep. Ed Case.

The setback for the measure, widely known as the Akaka bill since he introduced it in 2000, could be disastrous for Akaka if it reinforces suggestions he is ineffective, Clegg said.

Time magazine this year rated Akaka as one of the five worst members of the Senate, a judgment Akaka said was unfair.

Clegg said he believes much of the support for the Akaka bill among Senate Democrats was designed to pass the measure to boost Akaka's re-election effort. Democrats in Congress, including Inouye, want Akaka to defeat Case in the primary, while Senate Republicans would rather work with Case, Clegg said.

"My take on it is, the success or failure will possibly not revolve around the substance of the bill, but rather the politics in the Senate and the politics of Congress," Clegg said. "Ed Case is not the darling boy of the Democratic hierarchy, either here or in Washington."

The bill for federal recognition of Native Hawaiians has been stalled in the Senate for six years, and yesterday's cloture vote was an effort to send the bill to the floor for an open vote. Supporters needed 60 votes to accomplish that, but the effort failed, 56-41.

The measure has strong support among most Hawai'i politicians, including the entire Hawai'i congressional delegation and Republican Gov. Linda Lingle.

Critics say the measure would create a race-based government that contradicts American ideals of racial equality, and the U.S. Justice Department notified senators on Wednesday that the Bush administration strongly opposes the bill.

Inouye also put his stature on the line yesterday, urging fellow senators to support an open vote just before the Senate rejected the idea. But Nelson W. Polsby, Heller Professor of Political Science at the University of California, Berkeley, said that the loss doesn't imply that Inouye's political clout is slipping.

Polsby said the vote points more to the weakness of the minority Democrats in the Congress than any personal loss of influence by Inouye or Akaka within their own party.

"Conditions of partisanship in Congress are severe, and as universally liked and respected as I know Inouye is ... partisan bitterness is far more significant at the moment," Polsby said.

After the election this fall, Polsby said he expects the Democrats to be stronger in the Congress, offering new opportunities for the Hawai'i delegation.

"What it means is when the Senate gets closer to Democratic control, they'll probably have a good chance at it," Polsby said of yesterday's vote. "These guys, and particularly Inouye, are extremely high in status in the Democratic caucus."

There also is a large pool of voters who haven't made up their minds about the Akaka bill, and they will be relieved to have more time to consider the issue, said Ted Hong, a political science lecturer at the University of Hawai'i-Hilo.

Hong said he thinks support of the Akaka bill has become the "politically correct" position in Hawai'i, but many voters remain uneasy about the bill.

"I think a lot of people are going to be relieved that it didn't just go through because it's got Akaka's and Inouye's name on it, and the governor's name on it," he said.

People are reluctant to publicly say they oppose the measure, but many don't understand the bill, and most want the issue put to a statewide vote in some form of referendum before any Native Hawaiian government is established, he said.

Hong, who was co-chair of Lingle's 2002 campaign on the eastern side of the Big Island, said these concerns often are not being openly expressed to pollsters, which means politicians don't really know the depth of public support or opposition to the bill.

"To me, this is the political land mine in this year's election," Hong said. "People are going to campaign based on what they think the majority wants, but on Election Day that's when I think people are going to find out what the majority really wants."

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.