Native Hawaiian Health Care Act

S. 76, The Native Hawaiian Health Care Improvement Reauthorization Act of 2009

S. 76 would amend the Native Hawaiian Health Care Improvement Act to revise and extend that Act.

Detailed Summary

Native Hawaiian Health Care Improvement Reauthorization Act of 2009 – Reauthorizes for for FY2009-FY2014 and revises the Native Hawaiian Health Care Improvement Act. Requires any Department of Health and Human Services grant to or contract with Papa Ola Lokahi (an organization of public agencies and private organizations focused on improving the health status of Native Hawaiians) to support community-based initiatives that reflect holistic approaches to health.

From the Library of Congress

111th CONGRESS 1st Session

S. 76

To amend the Native Hawaiian Health Care Improvement Act to revise and extend that Act.

IN THE SENATE OF THE UNITED STATES

January 6, 2009

Mr. INOUYE introduced the following bill; which was read twice and referred to the Committee on Indian Affairs


A BILL

To amend the Native Hawaiian Health Care Improvement Act to revise and extend that Act.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Native Hawaiian Health Care Improvement Reauthorization Act of 2009′.

SEC. 2. AMENDMENT TO THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT.

    The Native Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et seq.) is amended to read as follows:

`SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    `(a) Short Title- This Act may be cited as the `Native Hawaiian Health Care Improvement Act’.
    `(b) Table of Contents- The table of contents of this Act is as follows:
    • `Sec. 1. Short title; table of contents.
    • `Sec. 2. Findings.
    • `Sec. 3. Definitions.
    • `Sec. 4. Declaration of national Native Hawaiian health policy.
    • `Sec. 5. Comprehensive health care master plan for Native Hawaiians.
    • `Sec. 6. Functions of Papa Ola Lokahi.
    • `Sec. 7. Native Hawaiian health care.
    • `Sec. 8. Administrative grant for Papa Ola Lokahi.
    • `Sec. 9. Administration of grants and contracts.
    • `Sec. 10. Assignment of personnel.
    • `Sec. 11. Native Hawaiian health scholarships and fellowships.
    • `Sec. 12. Report.
    • `Sec. 13. Use of Federal Government facilities and sources of supply.
    • `Sec. 14. Demonstration projects of national significance.
    • `Sec. 15. Rule of construction.
    • `Sec. 16. Compliance with Budget Act.
    • `Sec. 17. Severability.

`SEC. 2. FINDINGS.

    `(a) In General- Congress finds that–
    • `(1) Native Hawaiians begin their story with the Kumulipo, which details the creation and interrelationship of all things, including the evolvement of Native Hawaiians as healthy and well people;
    • `(2) Native Hawaiians–
      • `(A) are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago within Ke Moananui, the Pacific Ocean; and
      • `(B) have a distinct society that was first organized almost 2,000 years ago;
    • `(3) the health and well-being of Native Hawaiians are intrinsically tied to the deep feelings and attachment of Native Hawaiians to their lands and seas;
    • `(4) the long-range economic and social changes in Hawai’i over the 19th and early 20th centuries have been devastating to the health and well-being of Native Hawaiians;
    • `(5) Native Hawaiians have never directly relinquished to the United States their claims to their inherent sovereignty as a people or over their national territory, either through their monarchy or through a plebiscite or referendum;
    • `(6) the Native Hawaiian people are determined to preserve, develop, and transmit to future generations, in accordance with their own spiritual and traditional beliefs, their customs, practices, language, social institutions, ancestral territory, and cultural identity;
    • `(7) 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 Hawai’i;
    • `(8) the constitution and statutes of the State of Hawai’i–
      • `(A) acknowledge the distinct land rights of Native Hawaiian people as beneficiaries of the public lands trust; and
      • `(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;
    • `(9) at the time of the arrival of the first nonindigenous people in Hawai’i 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;
    • `(10) a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawai’i;
    • `(11) throughout the 19th century until 1893, the United States–
      • `(A) recognized the independence of the Hawaiian Nation;
      • `(B) extended full and complete diplomatic recognition to the Hawaiian Government; and
      • `(C) entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;
    • `(12) in 1893, John L. Stevens, the United States Minister assigned to the sovereign and independent Kingdom of Hawai’i, 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 Hawai’i;
    • `(13) in pursuance of that conspiracy–
      • `(A) the United States Minister and the naval representative of the United States caused armed forces of the United States Navy to invade the sovereign Hawaiian Nation in support of the overthrow of the indigenous and lawful Government of Hawai’i; and
      • `(B) after that overthrow, the United States Minister extended diplomatic recognition of a provisional government formed by the conspirators without the consent of the native people of Hawai’i or the lawful Government of Hawai’i, in violation of–
        • `(i) treaties between the Government of Hawai’i and the United States; and
        • `(ii) international law;
    • `(14) in a message to Congress on December 18, 1893, President Grover Cleveland–
      • `(A) reported fully and accurately on those illegal actions;
      • `(B) acknowledged that by those acts, described by the President as acts of war, the government of a peaceful and friendly people was overthrown; and
      • `(C) 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’;
    • `(15) Queen Lili`uokalani, the lawful monarch of Hawai’i, and the Hawaiian Patriotic League, representing the aboriginal citizens of Hawai’i, promptly petitioned the United States for redress of those wrongs and restoration of the indigenous government of the Hawaiian nation, but no action was taken on that petition;
    • `(16) in 1993, Congress enacted Public Law 103-150 (107 Stat. 1510), in which Congress–
      • `(A) acknowledged the significance of those events; and
      • `(B) apologized to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawai’i with the participation of agents and citizens of the United States, and the resulting deprivation of the rights of Native Hawaiians to self-determination;
    • `(17) between 1897 and 1898, when the total Native Hawaiian population in Hawai’i was less than 40,000, more than 38,000 Native Hawaiians signed petitions (commonly known as `Ku’e Petitions’) protesting annexation by the United States and requesting restoration of the monarchy;
    • `(18) despite Native Hawaiian protests, in 1898, the United States–
      • `(A) annexed Hawai’i through Resolution No. 55 (commonly known as the `Newlands Resolution’) (30 Stat. 750), without the consent of, or compensation to, the indigenous people of Hawai’i or the sovereign government of those people; and
      • `(B) denied those people the mechanism for expression of their inherent sovereignty through self-government and self-determination of their lands and ocean resources;
    • `(19) through the Newlands Resolution and the Act of April 30, 1900 (commonly known as the `1900 Organic Act’) (31 Stat. 141, chapter 339), the United States–
      • `(A) received 1,750,000 acres of land formerly owned by the Crown and Government of the Hawaiian Kingdom; and
      • `(B) exempted the land from then-existing public land laws of the United States by mandating that the revenue and proceeds from that land 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 Hawai’i;
    • `(20) in 1921, Congress enacted the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42), which–
      • `(A) designated 200,000 acres of the ceded public land for exclusive homesteading by Native Hawaiians; and
      • `(B) affirmed the trust relationship between the United States and Native Hawaiians, as expressed by 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.’;
    • `(21) 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), a provision–
      • `(A) to lease land within the extension to Native Hawaiians; and
      • `(B) to permit fishing in the area `only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance’;
    • `(22) under the Act of March 18, 1959 (48 U.S.C. prec. 491 note; 73 Stat. 4), the United States–
      • `(A) transferred responsibility for the administration of the Hawaiian home lands to the State; but
      • `(B) reaffirmed the trust relationship that 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 that Act;
    • `(23) under the Act referred to in paragraph (22), the United States–
      • `(A) transferred responsibility for administration over portions of the ceded public lands trust not retained by the United States to the State; but
      • `(B) reaffirmed the trust relationship that 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 that Act (73 Stat. 6);
    • `(24) in 1978, the people of Hawai’i–
      • `(A) amended the constitution of Hawai’i to establish the Office of Hawaiian Affairs; and
      • `(B) assigned to that Office the authority–
        • `(i) to accept and hold in trust for the Native Hawaiian people real and personal property transferred from any source;
        • `(ii) to receive payments from the State owed to the Native Hawaiian people in satisfaction of the pro rata share of the proceeds of the public land trust established by section 5(f) of the Act of March 18, 1959 (48 U.S.C. prec. 491 note; 73 Stat. 6);
        • `(iii) to act as the lead State agency for matters affecting the Native Hawaiian people; and
        • `(iv) to formulate policy on affairs relating to the Native Hawaiian people;
    • `(25) the authority of Congress under the Constitution to legislate in matters affecting the aboriginal or indigenous people of the United States includes the authority to legislate in matters affecting the native people of Alaska and Hawai’i;
    • `(26) the United States has recognized the authority of the Native Hawaiian people to continue to work toward an appropriate form of sovereignty, as defined by the Native Hawaiian people in provisions set forth in legislation returning the Hawaiian Island of Kaho`olawe to custodial management by the State in 1994;
    • `(27) 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;
    • `(28) that program is conducted by the Native Hawaiian Health Care Systems and Papa Ola Lokahi;
    • `(29) health initiatives implemented by those and other health institutions and agencies using Federal assistance have been responsible for reducing the century-old morbidity and mortality rates of Native Hawaiian people by–
      • `(A) providing comprehensive disease prevention;
      • `(B) providing health promotion activities; and
      • `(C) increasing the number of Native Hawaiians in the health and allied health professions;
    • `(30) those accomplishments have been achieved through implementation of–
      • `(A) the Native Hawaiian Health Care Act of 1988 (Public Law 100-579); and
      • `(B) the reauthorization of that Act under section 9168 of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1948);
    • `(31) the historical and unique legal relationship between the United States and Native Hawaiians has been consistently recognized and affirmed by Congress through the enactment of more than 160 Federal laws that extend to the Native Hawaiian people the same rights and privileges accorded to American Indian, Alaska Native, Eskimo, and Aleut communities, including–
      • `(A) the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.);
      • `(B) the American Indian Religious Freedom Act (42 U.S.C. 1996);
      • `(C) the National Museum of the American Indian Act (20 U.S.C. 80q et seq.); and
      • `(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
    • `(32) the United States has recognized and reaffirmed the trust relationship to the Native Hawaiian people through legislation that authorizes the provision of services to Native Hawaiians, specifically–
      • `(A) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.);
      • `(B) the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 (42 U.S.C. 6000 et seq.);
      • `(C) the Veterans’ Benefits and Services Act of 1988 (Public Law 100-322);
      • `(D) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
      • `(E) the Native Hawaiian Health Care Act of 1988 (42 U.S.C. 11701 et seq.);
      • `(F) the Health Professions Reauthorization Act of 1988 (Public Law 100-607; 102 Stat. 3122);
      • `(G) the Nursing Shortage Reduction and Education Extension Act of 1988 (Public Law 100-607; 102 Stat. 3153);
      • `(H) the Handicapped Programs Technical Amendments Act of 1988 (Public Law 100-630);
      • `(I) the Indian Health Care Amendments of 1988 (Public Law 100-713); and
      • `(J) the Disadvantaged Minority Health Improvement Act of 1990 (Public Law 101-527);
    • `(33) the United States has affirmed that 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 (21 U.S.C. 801 note; Public Law 99-570);
    • `(34) in addition, the United States–
      • `(A) has recognized that Native Hawaiians, as aboriginal, indigenous, native people of Hawai’i, are a unique population group in Hawai’i and in the continental United States; and
      • `(B) has so declared in–
        • `(i) the documents of the Office of Management and Budget entitled–
          • `(I) `Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity’ and dated October 30, 1997; and
          • `(II) `Provisional Guidance on the Implementation of the 1997 Standards for Federal Data on Race and Ethnicity’ and dated December 15, 2000;
        • `(ii) the document entitled `Guidance on Aggregation and Allocation of Data on Race for Use in Civil Rights Monitoring and Enforcement’ (Bulletin 00-02 to the Heads of Executive Departments and Establishments) and dated March 9, 2000;
        • `(iii) the document entitled `Questions and Answers when Designing Surveys for Information Collections’ (Memorandum for the President’s Management Council) and dated January 20, 2006;
        • `(iv) Executive order number 13125 (64 Fed. Reg. 31105; relating to increasing participation of Asian Americans and Pacific Islanders in Federal programs) (June 7, 1999);
        • `(v) the document entitled `HHS Tribal Consultation Policy’ and dated January 2005; and
        • `(vi) the Department of Health and Human Services Intradepartment Council on Native American Affairs, Revised Charter, dated March 7, 2005; and
    • `(35) despite the United States having expressed in Public Law 103-150 (107 Stat. 1510) its commitment to a policy of reconciliation with the Native Hawaiian people for past grievances–
      • `(A) the unmet health needs of the Native Hawaiian people remain severe; and
      • `(B) the health status of the Native Hawaiian people continues to be far below that of the general population of the United States.
    `(b) Finding of Unmet Needs and Health Disparities- Congress finds that the unmet needs and serious health disparities that adversely affect the Native Hawaiian people include the following:
    • `(1) CHRONIC DISEASE AND ILLNESS-