Ka Wai Ola - Office of Hawaiian Affairs, Volume 4, Number 2, 1 February 1987 — Mai Wakinekona [ARTICLE+ILLUSTRATION]

Mai Wakinekona

Federal Legislation: Past and Present Issues

By Larry Kamakawiwo'ole Federal Liaison Officer

This article is part two of a three-part series on federal legislation and its impact on Hawaiians. The article concludes with bills introduced in the current Congress. Public Law 99-498: Higher Education Amendments of 1986. This law, in part, establishes a native Hawaiian culture and art

program at the Bishop Museum if a proposed $1 milhon appropriation clears Congress. The program includes instruction, research, scholarship and cultural exchange in Hawaiian art and culture. Congress has authorized to be appropriated sums necessary for the program for eaeh succeeding fiscal year in addition to the $1 million for the fiscal year 1988. The law calls for the creation of a board of trustees to govern the program. Although the law expressly states that a representative from the Office of Hawaiian Affairs be a member of the board, the conference report to PL 99-498 states that "a formal Board of Trustees for the program. . .shall be chaired by the chairman of the Office of Hawaiian Affairs. . ." H. Rept. 99-861 at 466. 1 Congress's usual practice is to abide by a conference report because it represents the congressional intent of both houses. Moreover, items mentioned in the law are usually delineated in the conference report. Public Law 99-570: Anti-Drug Abuse Act of 1986. There is a program for native Hawaiians in the Act whieh includes programs of drug abuse education and prevention, early intervention, rehabilitation referral, and education for high-risk young people. There are authorized to be appropriated $400,000 for native Hawaiian programs during the fiscal year 1987 and 5500,000 for eaeh of the fiscal years 1988 and 1989. Congressman Akaka cosponsored H.R. 5484which beeame PL 99-570. Definition of Who Is a Native Hawaiian. Certain members of Congress and the Amenean Indian eommunity have raised serious questions concerning the definition of who is a native Hawaiian. The definition art issue defines a native Hawaiian as ""any individual who has ancestors that were natives prior to 1778 of the area that now comprises the State of Hawai(i)i." That definition has been used in federal legislation affecting native Hawaiians. The issue is whether a substantial dilution of blood quantum should qualify one for federal assistance. Several Hawaiian organizations have met to discuss and resolve the issue of definition. A new definition is used in S.129, the lndian Health Care Amend-

ments of 1987, whieh was introduced by Sen. Daniel K. Inouye during the first week of the new Congress. That definition reads, "the term" 'native Hawaiian' means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawai(i)." That definition arguably does not resolve the blood quantum of who is a native Hawaiian and not the federal government. Federal Legislation in the One-Hundredth Congress S. 129. A bill to authorize and amend the Indian Health Care Improvement Act. The bill was introduced by Sen. Inouye and co-sponsored by Sen. Spark M. Matsunaga. It has been referred to the Select Committee on Indian Affairs. S. 129contains twoHawaiian provisions: (1) a health professions scholarship program ($1.8 million for fiscal year 1988, and for eaeh fiscal year thereafter); and (2) a demonstration project primarily addressing the problem of diabetes among native Hawaiians. ($750,000 for eaeh of the fiscal years 1989 through 1992). S. 136. A bill to improve the health status of native Hawaiians. The bill was introduced by Sen. Inouye and co-sponsored by Sen. Matsunaga. It has also been referred to the Select Committee on Indian Affairs. The comprehensive bi!l includes (1) health promotion and disease prevention programs, (2) a demonstration project for health promotion and disease prevention, (3) community health centers, (4) a health service scholarship program, (5) health care referral services, and (6) a pacific Basin Disease Research lnstitute to be located at the University of Hawai'i at Manoa. S. 136 ca!ls for approximately $11.3 million for the 1987 fiscall year alone with equivalent sums for succeeding years. S. 142. A bill to amend the Native American Programs Act of 1974 to authorize appropriations for fiscal years 1987 through 1991. The bill was introduced by Sen. Inouye and co-sponsored by Sen. Matsunaga. It has been referred to the Select Committee on Indian Affairs. The Native American Program Act of 1974 fu'nds the Administration for Native Americans/ ("ANA"). ANA has funded OHA, Alu Like and various other Hawaiian ojganizations. S.150. A "bill to provide financial assistance to contmunity colleges and to Kamehameha Schools/Bishop Estate for demonstration grants designed to address the special needs of gifted and talented elementary and secondary school students who are Indian or native Hawaiian. Senator lnouye introduced the bill and Senator Matsunaga cosponsored it. S. 150 has been referred to the Select Committee on Indian Affairs. The Hawaiian provisions in the bill calls for $1 million for the fiscal year 1987 and eaeh of the three succeeding fiscal years.

Finally, S. 187. A bill to provide for the protection of Native American rights for the remains of their dead and sacred artifacts by returning the remains taken from native Amenean grounds and giving them back to native Americans. 'A Conference committee is formed when both houses of Congress cannot agree over a particular amendment(s) in a bill. The committee is composed of members ("conferees") from both houses. About 10 percent of all bills passed by both houses require action by a House-Senatē conference committee.

Staff of the Native Hawaiian Legal Corporation, reading from left to right, seated are Mahealani Ing, executive director; Attorney Harriette Holt. Standing left to right are Attorneys Livia Wang, Alan Murakami (litigation director), Melody MacKenzie and Wanda Chong.