WASHINGTON — Some Republicans are concerned a bill to reauthorize Native Hawaiian housing programs will open the door to federal recognition and programs that will provide unconstitutional racial set-asides.

A final vote on the housing bill is expected in the House today. The House voted 234-188 last night on procedural rules allowing the vote. Twelve Republicans joined most Democrats in support.

U.S. Rep. Spencer Bachus, R-Ala., said that some Republicans believe the Rice v. Cayetano court decision — which declared Native Hawaiians could not have different statewide voting rights than other Hawai'i citizens — suggested special privileges for Native Hawaiians are unconstitutional.

The Constitution, "as we know, in almost all cases is opposed to racial set-asides," Bachus said during yesterday's opening House debate. "This concerns many colleagues on my side of the aisle."

Bachus said many Republicans would support the bill if language were added clarifying that the federal program could not be construed as conferring "a constitutionally special political or legal relationship based on Native Hawaiian ancestry between the United States and the Native Hawaiian people for purposes of establishing a government-to-government relationship."

Rep. Neil Abercrombie, D-Hawai'i, sponsor of the bill, said the court decision dealt with the election of trustees for the state Office of Hawaiian Affairs and "literally has nothing to do" with the Native Hawaiian bill.

"The decision did not affect the agency itself," said Abercrombie on the House floor. "It did not even question the validity of the agency."

The House rejected the bill last week on a 262-162 vote that was 28 votes shy of the two-thirds majority needed for passage of noncontroversial legislation.

Earlier, House Minority Leader John Boehner, R-Ohio, urged GOP lawmakers to vote against the measure. Boehner used the Rice v. Cayetano decision to argue the court suggested that special privileges for Native Hawaiians are unconstitutional.

Rep. Mazie Hirono, D-Hawai'i, said the bill would help Hawai'i provide opportunities for homeownership for low-income Native Hawaiians.

"The bill in no way addresses the question of whether or not Native Hawaiians should be recognized as a sovereign entity akin to Alaska Natives or American Indians," she said.

Hirono said that nothing in the court's decision held that programs benefiting Native Hawaiians are unconstitutional.

The majority court decision did not call into question the trust relationship between the U.S. government and the Native Hawaiian people, Hirono said.

"This bill before us today simply provides Native Hawaiians who are eligible for homesteads under the Hawaiian Homes Commission Act passed by Congress with financing tools to allow them to realize for their families the dream of home ownership, which otherwise would be available to very few of them," she said.

Reach Dennis Camire at dcamire@gns.gannett.com.