106th CONGRESS 2D SESSION
S.___________
IN THE SENATE OF THE UNITED STATES
Mr. Akaka introduced the following bill; which was read twice and referred to the Committee on ___________________________________________________________
A BILL
To express the policy of Congress regarding the United States' relationship with Native Hawaiians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. FINDINGS. Congress finds that – (1) on November 23, 1993, the Apology Resolution, was enacted into law; (2) the Apology Resolution acknowledged that the overthrow of the Kingdom of Hawaii resulted in the suppression of the inherent sovereignty of the Native Hawaiian people and the deprivation of Native Hawaiians' right to self-determination; (3) the Apology Resolution expressed the commitment of Congress and the President of the United States to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United States and Native Hawaiians; and (4) the Secretary of the Interior and Attorney General have designated officials within their respective agencies to consult with Native Hawaiians on the reconciliation process as called for under the Apology Resolution.
SEC. 2. DEFINITION. In this Act: (1) APOLOGY RESOLUTION. - The term "Apology Resolution" means Public Law 103-150 (107 Stat. 1510), a joint resolution offering an apology to Native Hawaiians on behalf of the United States for the participation of agents of the United States in the January 17, 1893 overthrow of the Kingdom of Hawaii. (2) COUNCIL. - The term "Council" means the Native Hawaiian Interagency Council established by section 6(a). (3) NATIVE HAWAIIAN. - 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 constitutes the State of Hawaii. (4) SECRETARY. - The term "Secretary" means the Secretary of the Interior.
SEC. 3. CONGRESSIONAL POLICY AND RECOGNITION. Congress declares that- (1) the United States recognizes and acknowledges Native Hawaiians as a unique and distinct indigenous people; (2) the United States has a trust responsibility to promote the welfare of Native Hawaiians; (3) Congress possesses the authority to legislate for the betterment of Native Hawaiians under the United States Constitution and has exercised this authority through the enactment of - (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108); (B) the Act entitled "An Act to provide for the admission of the State of Hawaii into the Union", approved March 18, 1959 (Public Law 86-3; 73 Stat. 5); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; and (4) Native Hawaiians have the right to self-determination.
SEC. 4. ESTABLISHMENT OF OFFICE OF NATIVE HAWAIIAN AFFAIRS. (a) IN GENERAL. - There is established within the Department of the Interior the Office of Native Hawaiian Affairs. (b) DUTIES OF THE OFFICE. - The Office of Native Hawaiian Affairs shall effectuate and coordinate trust relationship policies between Native Hawaiians and the United States – (1) through the Secretary; and (2) with all other Federal agencies.
SEC. 5. NATIVE HAWAIIAN INTERAGENCY COUNCIL (a) ESTABLISHMENT. - There is established an interagency council to be known as the "Native Hawaiian Interagency Council." (b) COMPOSITION. - The Council shall be composed of representatives, to be appointed by the President, of - (1) each Federal agency that establishes or implements policies that affect Native Hawaiians; and (2) the White House. (c) DUTIES. - The primary responsibility of the Council shall be the coordination of Federal polices that affect Native Hawaiians.
