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Calendar No. 765
106th CONGRESS
2d Session
S. 1929
[Report No. 106-389]
To amend the Native Hawaiian Health Care Improvement Act to revise and
extend such Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 1999
Mr. Inouye (for himself and Mr. Akaka) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
August 25, 2000
Reported under authority of the order of the Senate of July 26, 2000,
by Mr. Campbell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Native Hawaiian Health Care Improvement Act to revise and
extend such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Native Hawaiian Health Care
Improvement Act Reauthorization of 1999''.</DELETED>
<DELETED>SEC. 2. AMENDMENT TO THE NATIVE HAWAIIAN HEALTH CARE
IMPROVEMENT ACT.</DELETED>
<DELETED> The Native Hawaiian Health Care Improvement Act (42 U.S.C.
11701 et seq.) is amended to read as follows:</DELETED>
<DELETED>``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> ``(a) Short Title.--This Act may be cited as the `Native
Hawaiian Health Care Improvement Act'.</DELETED>
<DELETED> ``(b) Table of Contents.--The table of contents of this
Act is as follows:</DELETED>
<DELETED>``Sec. 1. Short title; table of contents.
<DELETED>``Sec. 2. Findings.
<DELETED>``Sec. 3. Definitions.
<DELETED>``Sec. 4. Declaration of policy.
<DELETED>``Sec. 5. Comprehensive health care master plan for
Native Hawaiians.
<DELETED>``Sec. 6. Functions of Papa Ola Lokahi.
<DELETED>``Sec. 7. Native Hawaiian Health Care Systems.
<DELETED>``Sec. 8. Administrative grant for Papa Ola Lokahi.
<DELETED>``Sec. 9. Administration of grants and contracts.
<DELETED>``Sec. 10. Assignment of personnel.
<DELETED>``Sec. 11. Native Hawaiian health scholarships and
fellowships.
<DELETED>``Sec. 12. Report.
<DELETED>``Sec. 13. Demonstration projects of national
significance.
<DELETED>``Sec. 14. National Bipartisan Commission on Native
Hawaiian Health Care Entitlement.
<DELETED>``Sec. 15. Rule of construction.
<DELETED>``Sec. 16. Compliance with Budget Act.
<DELETED>``Sec. 17. Severability.
<DELETED>``SEC. 2. FINDINGS.</DELETED>
<DELETED> ``(a) General Findings.--Congress makes the following
findings:</DELETED>
<DELETED> ``(1) Native Hawaiians begin their story with the
Kumulipo which details the creation and inter-relationship of
all things, including their evolvement as healthy and well
people.</DELETED>
<DELETED> ``(2) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the original
inhabitants of the Hawaiian archipelago and have a distinct
society organized almost 2,000 years ago.</DELETED>
<DELETED> ``(3) Native Hawaiians have never directly
relinquished to the United States their claims to their
inherent sovereignty as a people or over their national lands,
either through their monarchy or through a plebiscite or
referendum.</DELETED>
<DELETED> ``(4) The health and well-being of Native
Hawaiians are intrinsically tied to their deep feelings and
attachment to their lands and seas.</DELETED>
<DELETED> ``(5) The long-range economic and social changes
in Hawaii over the 19th and early 20th centuries have been
devastating to the health and well-being of Native
Hawaiians.</DELETED>
<DELETED> ``(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. In referring to
themselves, Native Hawaiians use the term ``Kanaka Maoli'', a
term frequently used in the 19th century to describe the native
people of Hawaii.</DELETED>
<DELETED> ``(7) The constitution and statutes of the State
of Hawaii--</DELETED>
<DELETED> ``(A) acknowledge the distinct land rights
of Native Hawaiian people as beneficiaries of the
public lands trust; and</DELETED>
<DELETED> ``(B) reaffirm and protect the unique
right of the Native Hawaiian people to practice and
perpetuate their cultural and religious customs,
beliefs, practices, and language.</DELETED>
<DELETED> ``(8) At the time of the arrival of the first
nonindigenous people in Hawaii in 1778, the Native Hawaiian
people lived in a highly organized, self-sufficient,
subsistence social system based on communal land tenure with a
sophisticated language, culture, and religion.</DELETED>
<DELETED> ``(9) A unified monarchical government of the
Hawaiian Islands was established in 1810 under Kamehameha I,
the first King of Hawaii.</DELETED>
<DELETED> ``(10) Throughout the 19th century and until 1893,
the United States--</DELETED>
<DELETED> ``(A) recognized the independence of the
Hawaiian Nation;</DELETED>
<DELETED> ``(B) extended full and complete
diplomatic recognition to the Hawaiian Government;
and</DELETED>
<DELETED> ``(C) entered into treaties and
conventions with the Hawaiian monarchs to govern
commerce and navigation in 1826, 1842, 1849, 1875 and
1887.</DELETED>
<DELETED> ``(11) In 1893, John L. Stevens, the United States
Minister assigned to the sovereign and independent Kingdom of
Hawaii, conspired with a small group of non-Hawaiian residents
of the Kingdom, including citizens of the United States, to
overthrow the indigenous and lawful government of
Hawaii.</DELETED>
<DELETED> ``(12) In pursuance of that conspiracy, the United
States Minister and the naval representative of the United
States caused armed naval forces of the United States to invade
the sovereign Hawaiian Nation in support of the overthrow of
the indigenous and lawful Government of Hawaii and the United
States Minister thereupon extended diplomatic recognition of a
provisional government formed by the conspirators without the
consent of the native people of Hawaii or the lawful Government
of Hawaii in violation of treaties between the 2 nations and of
international law.</DELETED>
<DELETED> ``(13) In a message to Congress on December 18,
1893, then President Grover Cleveland reported fully and
accurately on these illegal actions, and acknowledged that by
these acts, described by the President as acts of war, the
government of a peaceful and friendly people was overthrown,
and the President concluded that a ``substantial wrong has thus
been done which a due regard for our national character as well
as the rights of the injured people required that we should
endeavor to repair''.</DELETED>
<DELETED> ``(14) Queen Lili`uokalani, the lawful monarch of
Hawaii, and the Hawaiian Patriotic League, representing the
aboriginal citizens of Hawaii, promptly petitioned the United
States for redress of these wrongs and for restoration of the
indigenous government of the Hawaiian nation, but this petition
was not acted upon.</DELETED>
<DELETED> ``(15) Further, the United States has acknowledged
the significance of these events and has apologized to Native
Hawaiians on behalf of the people of the United States for the
overthrow of the Kingdom of Hawaii with the participation of
agents and citizens of the United States, and the resulting
deprivation of the rights of Native Hawaiians to self-
determination in legislation in 1993 (Public Law 103-150; 107
Stat. 1510).</DELETED>
<DELETED> ``(16) In 1898, the United States annexed Hawaii
through the Newlands Resolution without the consent of or
compensation to the indigenous people of Hawaii or their
sovereign government who were thereby denied the mechanism for
expression of their inherent sovereignty through self-government and
self-determination, their lands and ocean resources.</DELETED>
<DELETED> ``(17) Through the Newlands Resolution and the
1900 Organic Act, the Congress received 1,750,000 acres of
lands formerly owned by the Crown and Government of the
Hawaiian Kingdom and exempted the lands from then existing
public land laws of the United States by mandating that the
revenue and proceeds from these lands be ``used solely for the
benefit of the inhabitants of the Hawaiian Islands for
education and other public purposes'', thereby establishing a
special trust relationship between the United States and the
inhabitants of Hawaii.</DELETED>
<DELETED> ``(18) In 1921, Congress enacted the Hawaiian
Homes Commission Act, 1920, which designated 200,000 acres of
the ceded public lands for exclusive homesteading by Native
Hawaiians, thereby affirming the trust relationship between the
United States and the Native Hawaiians, as expressed by then
Secretary of the Interior Franklin K. Lane who was cited in the
Committee Report of the Committee on Territories of the House
of Representatives as stating, ``One thing that impressed me .
. . was the fact that the natives of the islands . . . for whom
in a sense we are trustees, are falling off rapidly in numbers
and many of them are in poverty.''.</DELETED>
<DELETED> ``(19) In 1938, Congress again acknowledged the
unique status of the Native Hawaiian people by including in the
Act of June 20, 1938 (52 Stat. 781 et seq.), a provision to
lease lands within the extension to Native Hawaiians and to
permit fishing in the area ``only by native Hawaiian residents
of said area or of adjacent villages and by visitors under
their guidance''.</DELETED>
<DELETED> ``(20) Under the Act entitled ``An Act to provide
for the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for the administration of the
Hawaiian Home Lands to the State of Hawaii but reaffirmed the
trust relationship which existed between the United States and
the Native Hawaiian people by retaining the exclusive power to
enforce the trust, including the power to approve land
exchanges, and legislative amendments affecting the rights of
beneficiaries under such Act.</DELETED>
<DELETED> ``(21) Under the Act entitled ``An Act to provide
for the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for administration over portions of
the ceded public lands trust not retained by the United States
to the State of Hawaii but reaffirmed the trust relationship
which existed between the United States and the Native Hawaiian
people by retaining the legal responsibility of the State for
the betterment of the conditions of Native Hawaiians under
section 5(f) of such Act.</DELETED>
<DELETED> ``(22) The authority of the Congress under the
Constitution to legislate in matters affecting the aboriginal
or indigenous peoples of the United States includes the
authority to legislate in matters affecting the native peoples
of Alaska and Hawaii.</DELETED>
<DELETED> ``(23) Further, the United States has recognized
the authority of the Native Hawaiian people to continue to work
towards an appropriate form of sovereignty as defined by the
Native Hawaiian people themselves in provisions set forth in
legislation returning the Hawaiian Island of Kaho`olawe to
custodial management by the State of Hawaii in 1994.</DELETED>
<DELETED> ``(24) In furtherance of the trust responsibility
for the betterment of the conditions of Native Hawaiians, the
United States has established a program for the provision of
comprehensive health promotion and disease prevention services
to maintain and improve the health status of the Hawaiian
people. This program is conducted by the Native Hawaiian Health
Care Systems, the Native Hawaiian Health Scholarship Program
and Papa Ola Lokahi. Health initiatives from these and other
health institutions and agencies using Federal assistance have
begun to lower the century-old morbidity and mortality rates of
Native Hawaiian people by providing comprehensive disease
prevention, health promotion activities and increasing the
number of Native Hawaiians in the health and allied health
professions. This has been accomplished through the Native
Hawaiian Health Care Act of 1988 (Public Law 100-579) and its
reauthorization in section 9168 of Public Law 102-396 (106
Stat. 1948).</DELETED>
<DELETED> ``(25) This historical and unique legal
relationship has been consistently recognized and affirmed by
Congress through the enactment of Federal laws which extend to
the Native Hawaiian people the same rights and privileges
accorded to American Indian, Alaska Native, Eskimo, and Aleut
communities, including the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.), the American Indian Religious Freedom
Act (42 U.S.C. 1996), the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.), and the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001 et
seq.).</DELETED>
<DELETED> ``(26) The United States has also recognized and
reaffirmed the trust relationship to the Native Hawaiian people
through legislation which authorizes the provision of services
to Native Hawaiians, specifically, the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.), the Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1987, the
Veterans' Benefits and Services Act of 1988, the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.), the Native Hawaiian Health
Care Act of 1988 (Public Law 100-579), the Health Professions
Reauthorization Act of 1988, the Nursing Shortage Reduction and
Education Extension Act of 1988, the Handicapped Programs
Technical Amendments Act of 1988, the Indian Health Care
Amendments of 1988, and the Disadvantaged Minority Health
Improvement Act of 1990.</DELETED>
<DELETED> ``(27) The United States has also affirmed the
historical and unique legal relationship to the Hawaiian people
by authorizing the provision of services to Native Hawaiians to
address problems of alcohol and drug abuse under the Anti-Drug
Abuse Act of 1986 (Public Law 99-570).</DELETED>
<DELETED> ``(28) Further, the United States has recognized
that Native Hawaiians, as aboriginal, indigenous, native
peoples of Hawaii, are a unique population group in Hawaii and
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