[Congressional Record Volume 146, Number 95 (Thursday, July 20, 2000)]
[Senate]
[Pages S7393-S7399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. KERREY (for himself and Mr. Hagel):
       S. 2895. A bill to redesignate the facility of the United 
     States Postal Service located at 3030 Meredith Avenue in 
     Omaha, Nebraska, as the ``Reverend J.C. Wade Post Office'', 
     to the Committee on Governmental Affairs.
           By Mr. BAUCUS (for himself, Mrs. Lincoln, Mrs, Murray, 
             and Mr. Roberts):
       S. 2896. A bill to normalize trade relations with Cuba, and 
     for other purposes; to the Committee. on Finance.
           By Mr. ROBB (for himself, Mr. Breaux, Ms. Landrieu, Ms. 
             Snowe, and Mr. Warner):
       S. 2897. A bill to amend the Internal Revenue Code of 1986 
     to allow the use of completed contract method of accounting 
     in the case of certain long-term naval vessel construction 
     contracts; to the Committee on Finance.
           By Mr. SCHUMER:
       S. 2898. A bill to amend title 18, United States Code, to 
     provide for the disclosure of electronic monitoring of 
     employee communications and computer usage in the workplace; 
     to the Committee on the Judiciary.
           By Mr. AKAKA (for himself and Mr. Inouye):
       S. 2899. A bill to express the policy of the United States 
     regarding the United States' relationship with Native 
     Hawaiians, and for other purposes; to the Committee on Indian 
     Affairs.
           By Mr. CAMPBELL:
       S. 2900. An original bill making appropriations for the 
     Treasury Department, the United States Postal Service, the 
     Executive Office of the President, and certain Independent 
     Agencies, for the fiscal year ending September 30, 2001, and 
     for other purposes; placed on the calendar.
           By Mr. HELMS:
       S. 2901. An original bill to authorize appropriations to 
     carry out security assistance for fiscal year 2001, and for 
     other purposes; placed on the calendar.
           By Mr. BROWNBACK:
       S. 2902. A bill to revise the definition of advanced 
     service, and for other purposes; to the Committee on 
     Commerce, Science, and Transportation.
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mrs. Lincoln, and Mrs. Murray):
  S. 2896. A bill to normalize trade relations with Cuba, and for other 
purposes.


                THE UNITED STATES-CUBA TRADE ACT OF 2000

  Mr. BAUCUS. Mr. President, I rise today to speak about the outdated 
U.S. embargo on Cuba.
  Last weekend I traveled to Havana along with my distinguished 
colleagues Senator Roberts and Senator Akaka. It was a brief trip. But 
it gave U.S. an opportunity to meet with a wide range of people and to 
assess Cuba first-hand. We met with Cuban cabinet ministers and 
dissidents, with the head of the largest NGO in Cuba, with foreign 
ambassadors and with Fidel Castro.
  I left those meetings more convinced than ever that it is time to 
finally end our Cold War with Cuba policy. We should have normal trade 
relations with Cuba. Let me explain why.
  First, this is a unilateral sanctions policy. Nobody else in the 
world supports it. Not even our closest allies. I have long opposed 
unilateral economic sanctions, unless our national security is at 
stake. Forty years ago Cuba threatened our national security. The 
Soviet Union planted nuclear missiles in Cuba and aimed them at the 
United States. Twenty years ago, Cuba was still acting as a force to 
destabilize Central America.
  Those days are gone. The missiles are gone. The Soviet Union is gone. 
Cuban military and guerilla forces are gone from Central America. The 
security threat is gone. But the embargo remains.
  My reason for my opposing unilateral sanctions is entirely pragmatic. 
They don't work. They never worked in the past and they will not work 
in the future. Whenever we stop our farmers and business people from 
exporting, our Japanese, European, and Canadian competitors rush in to 
fill the gap. Unilateral sanctions are a hopelessly ineffective tool, 
except that they hurt Americans.
  The second reason for ending the embargo is that the U.S. embargo 
actually helps Castro.
  How does it help Castro? I saw it for myself in Havana. The Cuban 
economy is in shambles. The people's rights are repressed. Fidel Castro 
uses the embargo as the scapegoat for Cuba's misery.
  As absurd as it sounds, Castro blames the United States for his 
failed economic policies. Without the embargo, he would have no one to 
blame except himself.
  Mr. President, for the past ten years I have worked towards 
normalizing our trade with China. My operating guideline has been 
``Engagement Without Illusions.'' Trade rules don't automatically and 
instantly yield trade results. We have to push hard every day to see 
that countries follow the rules. That's certainly the case with China.
  I have the same attitude towards Cuba. Yes, we should lift the 
embargo. We should do it without preconditions and without demanding 
any quid pro quo from Cuba. We should engage them economically. But we 
should do so without illusions. Once we lift the embargo, Cuba will not 
become a major buyer of our farm goods or manufactured products 
overnight.
  We need to be realistic. With Cuba's failed economy and low income, 
ending the embargo won't cause a huge surge of U.S. products to Cuba. 
Instead, it will start sales of some goods, such as food, medicine, 
some manufactures, and some telecom and Internet services. Right now, 
Cuba's imports are primarily from Europe and Asia. With the embargo 
lifted, U.S. products and agriculture will replace some of those sales. 
U.S. exporters will have the advantage of lower transportation costs 
and easier logistics. It will be a start.
  In addition, ending the embargo will increase Cuban exposure to the 
United States. It will result in more travel by tourists, businessmen, 
students, and scholars. It will bring U.S. into closer contact with 
those who will be part of the post-Castro Cuba. It will spur more 
investment in Cuba's tourist infrastructure, helping, even if only a 
little, to further develop a private sector in the economy.
  Mr. President, in May of this year, I introduced bipartisan 
legislation that would repeal all of the Cuba-specific statutes that 
create the embargo. That includes the 1992 Cuban Democracy Act and the 
1996 Helms-Burton Act.
  Today I am introducing further legislation to eliminate impediments 
to a normal trade relationship with Cuba. I am joined in this effort by 
my colleagues, Senators Lincoln and Murray. My great friend, 
Congressman Charlie Rangel, has introduced a companion bill in the 
House.
  This bill, the U.S.-Cuba Trade Act of 2000, would do two things. 
First, it would remove Cuba from coverage under the Jackson-Vanik 
amendment. This is the part of the 1974 Trade Act which was enacted to 
address Jewish emigration from the Soviet Union.

[[Page S7394]]

Today, it the legal provision which causes an annual review of normal 
trade relations with countries such as China. It is a Cold War law 
which is no longer relevant to our 21st century world.
  In addition, the U.S.-Cuba Trade Act would eliminate a technical 
provision that prevents Cuba from obtaining normal WTO tariff rates.
  Mr. President, the world has changed since the United States started 
this embargo forty years ago. Our policy has to change with it. I 
encourage all of my colleagues to support this effort to put in place a 
responsible economic policy toward Cuba.
                                 ______
                                 
      By Mr. ROBB (for himself, Mr. Breaux, Ms. Landrieu, Ms. Snowe, 
        and Mr. Warner):
  S. 2897. A bill to amend the Internal Revenue Code of 1986 to allow 
the use of completed contract method of accounting in the case of 
certain long-term naval vessel construction contracts; to the Committee 
on Finance.


              COMPLETED SHIP DELIVERY METHOD OF ACCOUNTING

 Mr. ROBB. Mr. President, I am pleased to introduce this 
legislation today with Senators Breaux, Landrieu, Snowe, and Warner. 
This legislation is an important step towards supporting and 
maintaining a 300 ship Navy to defend our Nation's shores and waters. 
By allowing military ship builders to go back to the Completed Ship 
Delivery Method of accounting, more resources will be available for 
research and development which will ultimately lead to better naval 
vessels made more inexpensively. Ultimately, this is a win-win 
situation.
  Prior to 1982, ship builders calculated and paid their tax 
liabilities when they had completed building the vessel. Due to 
concerns over abuses, this accounting method was changed and military 
ship builders were required to pay taxes each year based on an 
approximation of what eventual profits might be. Military ships can 
take from three to seven years to build. During this period there can 
be wide fluctuations in various cost factors such as supplies and 
labor. Accordingly, it is very hard to predict what the eventual 
profits will be until the last rivet has been put in place. On the flip 
side, because even the most protracted ship building project will be 
completed in no more than seven years, the ability to game the system 
is limited. To minimize the ability of anyone to abuse this provision, 
this legislation requires that only ships that take at least two years 
to build are eligible for this treatment.
  It is time to correct this unfair tax treatment. By allowing military 
ship builders to use the Completed Ship Delivery Method of accounting, 
the ship builders will continue to pay the same amount of tax and 
receive the same treatment as non-military ship builders. The only 
difference is that they will be allowed to pay it when they have an 
accurate idea of the actual profits on that specific vessel. I look 
forward to working with my colleagues on this matter.
                                 ______
                                 
      By Mr. SCHUMER:
  S. 2898. A bill to amend title 18, United States Code, to provide for 
the disclosure of electronic monitoring of employee communications and 
computer usage in the workplace; to the Committee on the Judiciary.


                  NOTICE OF ELECTRONIC MONITORING ACT

  Mr. SCHUMER. Mr. President, I rise today to introduce the Notice of 
Electronic Monitoring Act (``NEMA''), which will end the practice of 
unjustified secret electronic monitoring of workers by their employers. 
Companion legislation is also being introduced in the House of 
Representatives by Representatives Canady and Barr.

  With the revolutionary changes that technology and the Internet are 
bringing to society, come new threats to individual privacy. One of 
those is electronic employee monitoring. A lot of people don't know 
this yet, but, for all intents and purposes, the computer you use at 
work can watch your every move.
  Over the course of the past year, new software has been developed 
that makes it easy and cheap for employers to automatically record an 
employees' e-mail, web activities, even an employees' every key stroke.
  For example, one software product claims that it reviews more than 
50,000 e-mail messages per hour, silently, discretely, and continuously 
auditing e-mail content moving in and out of a company. This product 
can be run from any workstation, and can be set up and running in 
minutes. After a free 30-day trial of the software, an employer can buy 
it for a mere $400.
  My point is not that such software products are per se bad. Indeed, 
electronic monitoring can sometimes be helpful in protecting corporate 
trade secrets or preventing employee harassment. My point is that new 
technologies that allow any employer to monitor employees without their 
knowledge is becoming ubiquitous, cheap, and simple to install and use.
  And it is becoming a problem. The number of employers who monitor 
employee e-mail has doubled in the last two years. A recent survey 
indicates that as of last year, nearly three quarters of large American 
companies actively record and review either e-mail, Internet usage, 
computer files, or phone usage.
  NEMA puts a check on business that is reasonable and fair. It gives 
employees the right to know whether, when, and how their employer is 
watching. We would never stand for it if an employer steamed open an 
employees' mail, read it, and put it back without her knowledge. It 
should be the same with email.
  Employees are going to occasionally write personal emails like a 
message to a spouse about a financial problem, or use the Internet to 
do a personal search for a medical question they have. All employees 
should know before doing a search or sending an email, whether they 
have privacy or not.
  NEMA requires employers to notify their employees of any monitoring 
of communications or computer usage. It covers reading or scanning of 
employee e-mail, keystroke monitoring, or programs that monitor 
employee web use, as well as monitoring of telephone conversations.
  Importantly, NEMA does not prohibit any monitoring techniques, it 
merely requires employers to give clear and conspicuous notice annually 
and whenever policies change. And if the employer has good reason to 
believe that an employee is causing significant harm to the employer or 
any other person, the employer can monitor that person without any 
notice at all.
  If an employer secretly monitors in violation of the Act, they are 
subject to suit by the employee for at most $20,000 in damages. 
However, I believe that such lawsuits will be few and far between 
because employers will simply abide by the modest terms of the Act and 
give annual notice.
  New technology has made it cheap and easy for employers to secretly 
monitor everything an employee does on line. This legislation provides 
workers a first line of defense against a practice that can sometimes 
amount to nothing more than a blatant invasion of privacy. NEMA is a 
moderate and fair step that addresses an important threat to employee 
privacy that is quietly but quickly spreading to most workplaces.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 2899. A bill to express the policy of the United States regarding 
the United States' relationship with Native Hawaiians, and for other 
purposes; to the Committee on Indian Affairs.


           UNITED STATES' RELATIONSHIP WITH NATIVE HAWAIIANS

  Mr. AKAKA. Mr. President, I stand before you today to introduce a 
bill on behalf of myself and my dear friend and colleague, Senator 
Inouye, that is of great significance to the indigenous peoples of 
Hawaii--the Native Hawaiians. This measure clarifies the political 
relationship between Native Hawaiians and the United States. For years, 
Congress has legislated on behalf of Native Hawaiians as the 
aboriginal, indigenous, native peoples of Hawaii. This measure 
clarifies that political relationship and provides a process for Native 
Hawaiians to form a Native Hawaiian governing body to engage in a 
government-to-government relationship with the United States.
  The United States has declared a special responsibility for the 
welfare of the Native peoples of the United States, including Native 
Hawaiians. This relationship has been acknowledged by the United States 
since the

[[Page S7395]]

inception of Hawaii's status as a territory. This relationship was most 
explicitly affirmed by the enactment of the Hawaiian Homes Commission 
Act of 1920, which set aside 200,000 acres of land in Hawaii for 
homesteading by Native Hawaiians. Legislative history clearly shows 
that in addressing this situation, Congress based this action and 
subsequent legislation on the constitutional precedent in programs 
enacted for the benefit of American Indians.
  Since Hawaii's admission into the Union, Congress has continued to 
legislate on behalf of Native Hawaiians as indigenous peoples. Native 
Hawaiians have been included as Native Americans in a number of federal 
statutes which have addressed the conditions of Native Hawaiians. This 
political relationship has been discussed within the Native Hawaiian 
community for many, many years. A large portion of the discussion has 
centered around the history of Hawaii's indigenous peoples and the 
United States' role in that history.
  In 1993, Congress passed P.L. 103-150, the Apology Resolution, which 
extended an apology on behalf of the United States to the Native people 
of Hawaii for the United States' role in the overthrow of the Kingdom 
of Hawaii. The Apology Resolution also expressed the commitment of 
Congress and the President to acknowledge the ramifications of the 
overthrow of the Kingdom of Hawaii and to support reconciliation 
efforts between the United States and Native Hawaiians. The process of 
reconciliation is ongoing.
  Mr. President, this legislation is important not only to Native 
Hawaiians, but also to all people in Hawaii. This measure provides the 
process to begin resolving many longstanding issues facing Hawaii's 
indigenous peoples and the State of Hawaii. In addressing these issues, 
we have begun a process of healing, a process of reconciliation not 
only with the United States but within the State of Hawaii. The essence 
of Hawaii is characterized not by the beauty of its islands, but by the 
beauty of its people. The State of Hawaii has recognized, acknowledged 
and acted upon the need to preserve the culture, tradition, language 
and heritage of Hawaii's indigenous peoples. This measure furthers 
these actions.
  Mr. President, the clarification of the political relationship 
between Native Hawaiians and the United States is one that has been 
long in coming and is well-deserved. The history and the timing of 
Hawaii's admission to the United States, unfortunately, did not provide 
the appropriate structure for a government-to-government relationship 
between Hawaii's indigenous native peoples and the United States. The 
time has come to correct this injustice.
  Mr. President, I request unanimous consent that the text of this 
measure be printed in the Record.
  There being no objection, the ordered to be printed in the Record, as 
follows:

                                S. 2899

       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) the Constitution vests Congress with the authority to 
     address the conditions of the indigenous, native people of 
     the United States;
       (2) Native Hawaiians, the native people of the State of 
     Hawaii are indigenous, native people of the United States;
       (3) the United States has a special trust relationship to 
     promote the welfare of the native people of the United 
     States, including Native Hawaiians;
       (4) under the treaty-making power of the United States, 
     Congress exercised its constitutional authority to confirm a 
     treaty between the United States and the government that 
     represented the Hawaiian people, and from 1826 until 1893, 
     the United States recognized the independence of the Kingdom 
     of Hawaii, extended full diplomatic recognition to the 
     Hawaiian Government, and entered into treaties and 
     conventions with the Hawaiian monarchs to govern commerce and 
     navigation in 1826, 1842, 1849, 1875, and 1887;
       (5) pursuant to the provisions of the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42), the United 
     States set aside 200,000 acres of land in the Federal 
     territory that later became the State of Hawaii in order to 
     establish a homeland for the native people of Hawaii, Native 
     Hawaiians;
       (6) by setting aside 200,000 acres of land for Native 
     Hawaiian homesteads and farms, the Act assists the Native 
     Hawaiian community in maintaining distinct native settlements 
     throughout the State of Hawaii;
       (7) approximately 6,800 Native Hawaiian lessees and their 
     family members reside on Hawaiian Home Lands and 
     approximately 18,000 Native Hawaiians who are eligible to 
     reside on the Home Lands are on a waiting list to receive 
     assignments of land;
       (8) the Hawaiian Home Lands continue to provide an 
     important foundation for the ability of the Native Hawaiian 
     community to maintain the practice of Native Hawaiian 
     culture, language, and traditions, and Native Hawaiians have 
     maintained other distinctly native areas in Hawaii;
       (9) on November 23, 1993, Public Law 103-150 (107 Stat. 
     1510) (commonly known as the Apology Resolution) was enacted 
     into law, extending an apology on behalf of the United States 
     to the Native people of Hawaii for the United States' role in 
     the overthrow of the Kingdom of Hawaii;
       (10) the Apology Resolution acknowledges that the overthrow 
     of the Kingdom of Hawaii occurred with the active 
     participation of agents and citizens of the United States and 
     further acknowledges that the Native Hawaiian people never 
     directly relinquished their claims to their inherent 
     sovereignty as a people over their national lands to the 
     United States, either through their monarchy or through a 
     plebiscite or referendum;
       (11) the Apology Resolution expresses the commitment of 
     Congress and the President 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 to have Congress and the President, through 
     the President's designated officials, consult with Native 
     Hawaiians on the reconciliation process as called for under 
     the Apology Resolution;
       (12) despite the overthrow of the Hawaiian government, 
     Native Hawaiians have continued to maintain their separate 
     identity as a distinct native community through the formation 
     of cultural, social, and political institutions, and to give 
     expression to their rights as native people to self-
     determination and self-governance as evidenced through their 
     participation in the Office of Hawaiian Affairs;
       (13) Native Hawaiians also maintain a distinct Native 
     Hawaiian community through the provision of governmental 
     services to Native Hawaiians, including the provision of 
     health care services, educational programs, employment and 
     training programs, children's services, conservation 
     programs, fish and wildlife protection, agricultural 
     programs, native language immersion programs and native 
     language immersion schools from kindergarten through high 
     school, as well as college and master's degree programs in 
     native language immersion instruction, and traditional 
     justice programs, and by continuing their efforts to enhance 
     Native Hawaiian self-determination and local control;
       (14) Native Hawaiians are actively engaged in Native 
     Hawaiian cultural practices, traditional agricultural 
     methods, fishing and subsistence practices, maintenance of 
     cultural use areas and sacred sites, protection of burial 
     sites, and the exercise of their traditional rights to gather 
     medicinal plants and herbs, and food sources;
       (15) the Native Hawaiian people wish to preserve, develop, 
     and transmit to future Native Hawaiian generations their 
     ancestral lands and Native Hawaiian political and cultural 
     identity in accordance with their traditions, beliefs, 
     customs and practices, language, and social and political 
     institutions, and to achieve greater self-determination over 
     their own affairs;
       (16) this Act responds to the desire of the Native Hawaiian 
     people for enhanced self-determination by establishing a 
     process within the framework of Federal law for the Native 
     Hawaiian people to exercise their inherent rights as a 
     distinct aboriginal, indigenous, native community to 
     reorganize a Native Hawaiian governing body for the purpose 
     of giving expression to their rights as native people to 
     self-determination and self-governance;
       (17) the United States has declared that--
       (A) the United States has a special responsibility for the 
     welfare of the native peoples of the United States, including 
     Native Hawaiians;
       (B) Congress has identified Native Hawaiians as a distinct 
     indigenous group within the scope of its Indian affairs 
     power, and has enacted dozens of statutes on their behalf 
     pursuant to its recognized trust responsibility; and
       (C) Congress has also delegated broad authority to 
     administer a portion of the federal trust responsibility to 
     the State of Hawaii;
       (18) the United States has recognized and reaffirmed the 
     special trust relationship with the Native Hawaiian people 
     through--
       (A) the enactment of 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. 4) by--
       (i) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held in public trust for the betterment of the 
     conditions of Native Hawaiians; and
       (ii) transferring the United States' responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the authority to enforce the trust, 
     including the exclusive right of the United States to consent 
     to any actions affecting the lands which comprise the corpus 
     of the trust and any amendments to the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42) that are 
     enacted by the legislature of the State of Hawaii affecting 
     the beneficiaries under the Act;

[[Page S7396]]

       (19) the United States continually has recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a cultural, historic, and land-
     based link to the aboriginal, native people who exercised 
     sovereignty over the Hawaiian Islands;
       (B) Native Hawaiians have never relinquished their claims 
     to sovereignty or their sovereign lands;
       (C) the United States extends services to Native Hawaiians 
     because of their unique status as the aboriginal, native 
     people of a once sovereign nation with whom the United States 
     has a political and legal relationship; and
       (D) the special trust relationship of American Indians, 
     Alaska Natives, and Native Hawaiians to the United States 
     arises out of their status as aboriginal, indigenous, native 
     people of the United States.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Aboriginal, indigenous, native people.--The term 
     ``aboriginal, indigenous, native people'' means those people 
     whom Congress has recognized as the original inhabitants of 
     the lands and who exercised sovereignty prior to European 
     contact in the areas that later became part of the United 
     States;
       (2) Adult members.--The term ``adult members'' means those 
     Native Hawaiians who have attained the age of 18 at the time 
     the Secretary publishes the initial roll in the Federal 
     Register, as provided in section 7(a)(4) of this Act.
       (3) 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.
       (4) Commission.--The term ``Commission'' means the 
     commission established in section 7 of this Act to certify 
     that the adult members of the Native Hawaiian community 
     contained on the roll developed under that section meet the 
     definition of Native Hawaiian, as defined in paragraph 
     (6)(A).
       (5) Indigenous, native people.--The term ``indigenous, 
     native people'' means the lineal descendants of the 
     aboriginal, indigenous, native people of the United States.
       (6) Native hawaiian.--
       (A) Prior to the recognition by the United States of a 
     Native Hawaiian governing body under the authority of section 
     7(d) of this Act, the term ``Native Hawaiian'' means the 
     indigenous, native people of Hawaii who are the lineal 
     descendants of the aboriginal, indigenous, native people who 
     resided in the islands that now comprise the State of Hawaii 
     on January 1, 1893, and who occupied and exercised 
     sovereignty in the Hawaiian archipelago, including the area 
     that now constitutes the State of Hawaii, as evidenced by 
     (but not limited to)--
       (i) genealogical records;
       (ii) Native Hawaiian kupuna (elders) verification or 
     affidavits;
       (iii) church or census records; or
       (iv) government birth or death certificates or other vital 
     statistics records;
       (B) Following the recognition by the United States of the 
     Native Hawaiian governing body under section 7(d) of this 
     Act, the term ``Native Hawaiian'' shall have the meaning 
     given to such term in the organic governing documents of the 
     Native Hawaiian governing body.
       (7) Native hawaiian governing body.--The term ``Native 
     Hawaiian governing body'' means the adult members of the 
     governing body of the Native Hawaiian people that is 
     recognized by the United States under the authority of 
     section 7(d) of this Act.
       (8) Native hawaiian interim governing council.--The term 
     ``Native Hawaiian Interim Governing Council'' means the 
     interim governing council that is authorized to exercise the 
     powers and authorities recognized in section 7(b) of this 
     Act.
       (9) Roll.--The term ``roll'' means the roll that is 
     developed under the authority of section 7(a) of this Act.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of the Interior.
       (11) Task force.--The term ``Task Force'' means the Native 
     Hawaiian Interagency Task Force established under the 
     authority of section 6 of this Act.

     SEC. 3. UNITED STATES POLICY.

       The United States reaffirms that--
       (1) Native Hawaiians are a unique and distinct aboriginal, 
     indigenous, native people, with whom the United States has a 
     political and legal relationship;
       (2) the United States has a special trust relationship to 
     promote the welfare of Native Hawaiians;
       (3) Congress possesses the authority under the Constitution 
     to enact legislation to address the conditions of Native 
     Hawaiians and has exercised this authority through the 
     enactment of--
       (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42);
       (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. 4); and
       (C) more than 150 other Federal laws addressing the 
     conditions of Native Hawaiians;
       (4) Native Hawaiians have--
       (A) an inherent right to autonomy in their internal 
     affairs;
       (B) an inherent right of self-determination and self-
     governance; and
       (C) the right to reorganize a Native Hawaiian governing 
     body; and
       (5) the United States shall continue to engage in a process 
     of reconciliation and political relations with the Native 
     Hawaiian people.

     SEC. 4. ESTABLISHMENT OF THE OFFICE OF SPECIAL TRUSTEE FOR 
                   NATIVE HAWAIIAN AFFAIRS.

       (a) In General.--There is established within the Office of 
     the Secretary of the Department of the Interior the Office of 
     Special Trustee for Native Hawaiian Affairs.
       (b) Duties of the Office.--The Office of Special Trustee 
     for Native Hawaiian Affairs shall--
       (1) effectuate and coordinate the special trust 
     relationship between the Native Hawaiian people and the 
     United States through the Secretary, and with all other 
     Federal agencies;
       (2) upon the recognition of the Native Hawaiian governing 
     body by the United States as provided for in section 7(d) of 
     this Act, effectuate and coordinate the special trust 
     relationship between the Native Hawaiian governing body and 
     the United States through the Secretary, and with all other 
     Federal agencies;
       (3) fully integrate the principle and practice of 
     meaningful, regular, and appropriate consultation with the 
     Native Hawaiian people by providing timely notice to, and 
     consulting with the Native Hawaiian people prior to taking 
     any actions that may have the potential to significantly or 
     uniquely affect Native Hawaiian resources, rights, or lands, 
     and upon the recognition of the Native Hawaiian governing 
     body as provided for in section 7(d) of this Act, fully 
     integrate the principle and practice of meaningful, regular, 
     and appropriate consultation with the Native Hawaiian 
     governing body by providing timely notice to, and consulting 
     with the Native Hawaiian people prior to taking any actions 
     that may have the potential to significantly affect Native 
     Hawaiian resources, rights, or lands;
       (4) consult with the Native Hawaiian Interagency Task 
     Force, other Federal agencies, and with relevant agencies of 
     the State of Hawaii on policies, practices, and proposed 
     actions affecting Native Hawaiian resources, rights, or 
     lands;
       (5) be responsible for the preparation and submittal to the 
     Committee on Indian Affairs of the Senate, the Committee on 
     Energy and Natural Resources of the Senate, and the Committee 
     on Resources of the House of Representatives of an annual 
     report detailing the activities of the Interagency Task Force 
     established under section 6 of this Act that are undertaken 
     with respect to the continuing process of reconciliation and 
     to effect meaningful consultation with the Native Hawaiian 
     people and the Native Hawaiian governing body and providing 
     recommendations for any necessary changes to existing Federal 
     statutes or regulations promulgated under the authority of 
     Federal law;
       (6) be responsible for continuing the process of 
     reconciliation with the Native Hawaiian people, and upon the 
     recognition of the Native Hawaiian governing body by the 
     United States as provided for in section 7(d) of this Act, be 
     responsible for continuing the process of reconciliation with 
     the Native Hawaiian governing body; and
       (7) assist the Native Hawaiian people in facilitating a 
     process for self-determination, including but not limited to 
     the provision of technical assistance in the development of 
     the roll under section 7(a) of this Act, the organization of 
     the Native Hawaiian Interim Governing Council as provided for 
     in section 7(b) of this Act, and the reorganization of the 
     Native Hawaiian governing body as provided for in section 
     7(c) of this Act.

     SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

       The Attorney General shall designate an appropriate 
     official within the Department of Justice to assist the 
     Office of the Special Trustee for Native Hawaiian Affairs in 
     the implementation and protection of the rights of Native 
     Hawaiians and their political and legal relationship with the 
     United States, and upon the recognition of the Native 
     Hawaiian governing body as provided for in section 7(d) of 
     this Act, in the implementation and protection of the rights 
     of the Native Hawaiian governing body and its political and 
     legal relationship with the United States.

     SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

       (a) Establishment.--There is established an interagency 
     task force to be known as the ``Native Hawaiian Interagency 
     Task Force''.
       (b) Composition.--The Task Force shall be composed of 
     officials, to be appointed by the President, from--
       (1) each Federal agency that establishes or implements 
     policies that affect Native Hawaiians or whose actions may 
     significantly or uniquely impact on Native Hawaiian 
     resources, rights, or lands;
       (2) the Office of the Special Trustee for Native Hawaiian 
     Affairs established under section 4 of this Act; and
       (3) the Executive Office of the President.
       (c) Lead Agencies.--The Department of the Interior and the 
     Department of Justice shall serve as the lead agencies of the 
     Task Force, and meetings of the Task Force shall be convened 
     at the request of the lead agencies.
       (d) Co-Chairs.--The Task Force representative of the Office 
     of Special Trustee for Native Hawaiian Affairs established 
     under the

[[Page S7397]]

     authority of section 4 of this Act and the Attorney General's 
     designee under the authority of section 5 of this Act shall 
     serve as co-chairs of the Task Force.
       (e) Duties.--The primary responsibilities of the Task Force 
     shall be--
       (1) the coordination of Federal policies that affect Native 
     Hawaiians or actions by any agency or agencies of the Federal 
     Government which may significantly or uniquely impact on 
     Native Hawaiian resources, rights, or lands;
       (2) to assure that each Federal agency develops a policy on 
     consultation with the Native Hawaiian people, and upon 
     recognition of the Native Hawaiian governing body by the 
     United States as provided in section 7(d) of this Act, 
     consultation with the Native Hawaiian governing body; and
       (3) to assure the participation of each Federal agency in 
     the development of the report to Congress authorized in 
     section 4(b)(5) of this Act.

     SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR THE 
                   ORGANIZATION OF A NATIVE HAWAIIAN INTERIM 
                   GOVERNING COUNCIL, FOR THE ORGANIZATION OF A 
                   NATIVE HAWAIIAN INTERIM GOVERNING COUNCIL AND A 
                   NATIVE HAWAIIAN GOVERNING BODY, AND FOR THE 
                   RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING 
                   BODY.

       (a) Roll.--
       (1) Preparation of roll.--The adult members of the Native 
     Hawaiian community who wish to participate in the 
     reorganization of a Native Hawaiian governing body shall 
     prepare a roll for the purpose of the organization of a 
     Native Hawaiian Interim Governing Council. The roll shall 
     include the names of--
       (A) the adult members of the Native Hawaiian community who 
     wish to become members of a Native Hawaiian governing body 
     and who are the lineal descendants of the aboriginal, 
     indigenous, native people who resided in the islands that now 
     comprise the State of Hawaii on January 1, 1893, and who 
     occupied and exercised sovereignty in the Hawaiian 
     archipelago, including the area that now constitutes the 
     State of Hawaii, as evidenced by (but not limited to)--
       (i) genealogical records;
       (ii) Native Hawaiian kupuna (elders) verification or 
     affidavits;
       (iii) church or census records; or
       (iv) government birth or death certificates or other vital 
     statistics records; and
       (B) the children of the adult members listed on the roll 
     prepared under this subsection.
       (2) Certification and submission.--
       (A) Commission.--There is authorized to be established a 
     Commission to be composed of 9 members for the purpose of 
     certifying that the adult members of the Native Hawaiian 
     community on the roll meet the definition of Native Hawaiian, 
     as defined in section 2(6)(A) of this Act. The members of the 
     Commission shall have expertise in the certification of 
     Native Hawaiian ancestry.
       (B) Certification.--The Commission shall certify to the 
     Secretary that the individuals listed on the roll developed 
     under the authority of this subsection are Native Hawaiians, 
     as defined in section 2(6)(A) of this Act, and shall submit 
     such roll to the Secretary.
       (3) Notification.--The Commission shall promptly provide 
     notice to the Secretary if any of the individuals listed on 
     the roll should be removed from the roll on account of death.
       (4) Publication.--Within 45 days of the receipt by the 
     Secretary of the roll developed under the authority of this 
     subsection and certified by the Commission under the 
     authority of paragraph (2), the Secretary shall certify that 
     the roll is consistent with applicable Federal law by 
     publishing the roll in the Federal Register.
       (5) Effect of publication.--The publication of the roll 
     developed under the authority of this subsection shall be for 
     the purpose of providing any member of the public with an 
     opportunity to--
       (A) petition the Secretary to add to the roll the name of 
     an individual who meets the definition of Native Hawaiian, as 
     defined in section 2(6)(A) of this Act, and who is not listed 
     on the roll; or
       (B) petition the Secretary to remove from the roll the name 
     of an individual who does not meet such definition.
       (6) Deadline for petitions.--Any petition described in 
     paragraph (5) shall be filed with the Secretary within 90 
     days of the date of the publication of the roll in the 
     Federal Register, as authorized under paragraph (4).
       (7) Certification of additional native hawaiians for 
     inclusion on the roll.--
       (A) Submission.--Within 30 days of receiving a petition to 
     add the name of an individual to the roll, the Secretary 
     shall submit the name of each individual who is the subject 
     of a petition to add his or her name to the roll to the 
     Commission for certification that the individual meets the 
     definition of Native Hawaiian, as defined in section 2(6)(A) 
     of this Act.
       (B) Certification.--Within 30 days of receiving a petition 
     from the Secretary to have a name added to or removed from 
     the roll, the Commission shall certify to the Secretary 
     that--
       (i) the individual meets the definition of Native Hawaiian, 
     as defined in section 2(6)(A) of this Act; or
       (ii) the individual does not meet the definition of Native 
     Hawaiian, as so defined.
     Upon such certification, the Secretary shall add or remove 
     the name of the individual on the roll, as appropriate.
       (8) Hearing.--
       (A) In general.--The Secretary shall conduct a hearing on 
     the record within 45 days of the receipt by the Secretary 
     of--
       (i) a certification by the Commission that an individual 
     does not meet the definition of Native Hawaiian, as defined 
     in section 2(6)(A) of this Act; or
       (ii) a petition to remove the name of any individual listed 
     on the roll submitted to the Secretary by the Commission.
       (B) Testimony.--At the hearing conducted in accordance with 
     this paragraph, the Secretary may receive testimony from the 
     petitioner, a representative of the Commission, the 
     individual whose name is the subject of the petition, and any 
     other individuals who may have the necessary expertise to 
     provide the Secretary with relevant information regarding 
     whether the individual whose name is the subject of a 
     petition meets the definition of Native Hawaiian, as defined 
     in section 2(6)(A) of this Act.
       (C) Final determination.--Within 30 days of the date of the 
     conclusion of the hearing conducted in accordance with this 
     paragraph, the Secretary shall make a determination regarding 
     whether the individual whose name is the subject of a 
     petition meets the definition of Native Hawaiian, as defined 
     in section 2(6)(A) of this Act. Such a determination shall be 
     a final determination for purposes of judicial review.
       (9) Judicial review.--
       (A) Final judgment.--The United States District Court for 
     the District of Hawaii shall have jurisdiction to review the 
     record of the decision developed by the Secretary and the 
     Secretary's final determination under paragraph (8) and shall 
     make a final judgment regarding such determination.
       (B) Notice.--If the district court determines that an 
     individual's name should be added to the roll because that 
     individual meets the definition of Native Hawaiian, as 
     defined in section 2(6)(A) of this Act, or that an 
     individual's name should be removed from the roll because 
     that individual does not meet such definition, the district 
     court shall so advise the Secretary and the Secretary shall 
     add or remove the individual's name from the roll, consistent 
     with the instructions of the district court.
       (10) Publication of final roll.--Except for those petitions 
     which remain the subject of judicial review under the 
     authority of paragraph (9), the Secretary shall--
       (A) publish a final roll in the Federal Register within 290 
     days of the receipt by the Secretary of the roll prepared 
     under the authority of paragraph (1); and
       (B) subsequently publish in the Federal Register the names 
     of any individuals that the district court directs be added 
     or removed from the roll.
       (11) Effect of publication.--The publication of the final 
     roll shall serve as the basis for the eligibility of adult 
     members listed on the roll to participate in all referenda 
     and elections associated with the organization of a Native 
     Hawaiian Interim Governing Council.
       (b) Organization of the Native Hawaiian Interim Governing 
     Council.--
       (1) Organization.--
       (A) Date of general meeting.--Within 90 days of the date of 
     the publication of the final roll in the Federal Register, 
     the Secretary shall announce the date of a general meeting of 
     the adult members of those listed on the roll to nominate 
     candidates from among the adult members listed on the roll 
     for election to the Native Hawaiian Interim Governing 
     Council. The criteria for candidates to serve on the Native 
     Hawaiian Interim Governing Council shall be developed by the 
     adult members listed on the roll at the general meeting. The 
     general meeting may consist of meetings on each island or at 
     such sites as to secure the maximum participation of the 
     adult members listed on the roll. Such general meeting (or 
     meetings) shall be held within 30 days of the Secretary's 
     announcement.
       (B) Election.--Within 45 days of the general meeting (or 
     meetings), the Secretary shall assist the Native Hawaiian 
     community in holding an election by secret ballot (absentee 
     and mail balloting permitted), to elect the membership of the 
     Native Hawaiian Interim Governing Council from among the 
     nominees submitted to the Secretary from the general meeting. 
     The ballots shall provide for write-in votes.
       (C) Approval.--The Secretary shall approve the Native 
     Hawaiian Interim Governing Council elected pursuant to this 
     subsection if the requirements of this section relating to 
     the nominating and election process have been met.
       (2) Powers.--
       (A) In general.--The Native Hawaiian Interim Governing 
     Council shall represent those on the roll in the 
     implementation of this Act and shall have no powers other 
     than those given to it in accordance with this Act.
       (B) Termination.--The Native Hawaiian Interim Governing 
     Council shall have no power or authority under this Act after 
     the time which the duly elected officers of the Native 
     Hawaiian governing body take office.
       (3) Duties.--
       (A) Referendum.--The Native Hawaiian Interim Governing 
     Council shall conduct a referendum of the adult members 
     listed on the roll for the purpose of determining (but not 
     limited to) the following:
       (i) The proposed elements of the organic governing 
     documents of a Native Hawaiian governing body.
       (ii) The proposed powers and authorities to be exercised by 
     a Native Hawaiian governing

[[Page S7398]]

     body, as well as the proposed privileges and immunities of a 
     Native Hawaiian governing body.
       (iii) The proposed civil rights and protection of such 
     rights of the members of a Native Hawaiian governing body and 
     all persons subject to the authority of a Native Hawaiian 
     governing body.
       (B) Development of organic governing documents.--Based upon 
     the referendum authorized in subparagraph (A), the Native 
     Hawaiian Interim Governing Council shall develop proposed 
     organic governing documents for a Native Hawaiian governing 
     body.
       (C) Distribution.--The Council shall distribute to all 
     adult members of those listed on the roll, a copy of the 
     proposed organic governing documents, as drafted by the 
     Native Hawaiian Interim Governing Council, along with a brief 
     impartial description of the proposed organic governing 
     documents.
       (D) Consultation.--The Native Hawaiian Interim Governing 
     Council shall freely consult with those listed on the roll 
     concerning the text and description of the proposed organic 
     governing documents.
       (4) Elections.--
       (A) In general.--Upon the request of the Native Hawaiian 
     Interim Governing Council, the Secretary shall hold an 
     election for the purpose of ratifying the proposed organic 
     governing documents. If the Secretary fails to act within 45 
     days of the request by the Council, the Council is authorized 
     to conduct the election.
       (B) Failure to adopt governing documents.--If the proposed 
     organic governing documents are not adopted by a majority 
     vote of the adult members listed on the roll, the Native 
     Hawaiian Interim Governing Council shall consult with the 
     adult members listed on the roll to determine which elements 
     of the proposed organic governing documents were found to be 
     unacceptable, and based upon such consultation, the Council 
     shall propose changes to the proposed organic governing 
     documents.
       (C) Election.--Upon the request of the Native Hawaiian 
     Interim Governing Council, the Secretary shall hold a second 
     election for the purpose of ratifying the proposed organic 
     governing documents. If the Secretary fails to act within 45 
     days of the request by the Council, the Council is authorized 
     to conduct the second election.
       (c) Organization of the Native Hawaiian Governing Body.--
       (1) Recognition of rights.--The right of the Native 
     Hawaiian governing body of the indigenous, native people of 
     Hawaii to organize for its common welfare, and to adopt 
     appropriate organic governing documents is hereby recognized 
     by the United States.
       (2) Ratification.--The organic governing documents of the 
     Native Hawaiian governing body shall become effective when 
     ratified by a majority vote of the adult members listed on 
     the roll, and approved by the Secretary upon the Secretary's 
     determination that the organic governing documents are 
     consistent with applicable Federal law and the special trust 
     relationship between the United States and its native people. 
     If the Secretary fails to make such a determination within 45 
     days of the ratification of the organic governing documents 
     by the adult members listed on the roll, the organic 
     governing documents shall be deemed to have been approved by 
     the Secretary.
       (3) Election of governing officers.--Within 45 days after 
     the Secretary has approved the organic governing documents or 
     the organic governing documents are deemed approved, the 
     Secretary shall assist the Native Hawaiian Interim Governing 
     Council in holding an election by secret ballot for the 
     purpose of determining the individuals who will serve as 
     governing body officers as provided in the organic governing 
     documents.
       (4) Voting eligibility.--For the purpose of this initial 
     election and notwithstanding any provision in the organic 
     governing documents to the contrary, absentee balloting shall 
     be permitted and all adult members of the Native Hawaiian 
     governing body shall be entitled to vote in the election.
       (5) Future elections.--All further elections of governing 
     body officers shall be conducted as provided for in the 
     organic governing documents and ordinances adopted in 
     accordance with this Act.
       (6) Revocation; ratification of amendments.--When ratified 
     by a majority vote of the adult members of those listed on 
     the roll, the organic governing documents shall be revocable 
     by an election open to the adult members of the Native 
     Hawaiian governing body, and amendments to the organic 
     governing documents may be ratified by the same process.
       (7) Additional rights and powers.--In addition to all 
     powers vested in the Native Hawaiian governing body by the 
     duly ratified organic governing documents, the organic 
     governing documents shall also vest in the Native Hawaiian 
     governing body the rights and powers to--
       (A) exercise those governmental authorities that are 
     recognized by the United States as the powers and authorities 
     that are exercised by other governments representing the 
     indigenous, native people of the United States;
       (B) provide for the protection of the civil rights of the 
     members of the Native Hawaiian governing body and all persons 
     subject to the authority of the Native Hawaiian governing 
     body, and to assure that the Native Hawaiian governing body 
     exercises its authority consistent with the requirements of 
     section 202 of the Act of April 11, 1968 (25 U.S.C. 1302);
       (C) prevent the sale, disposition, lease, or encumbrance of 
     lands, interests in lands, or other assets of the Native 
     Hawaiian governing body without the consent of the Native 
     Hawaiian governing body;
       (D) determine the membership in the Native Hawaiian 
     governing body; and
       (E) negotiate with Federal, State, and local governments, 
     and other entities.
       (d) Federal Recognition.--
       (1) Recognition.--Notwithstanding any other provision of 
     law, upon the approval by the Secretary of the organic 
     governing documents of the Native Hawaiian governing body and 
     the election of officers of the Native Hawaiian governing 
     body, Federal recognition is hereby extended to the Native 
     Hawaiian governing body as the representative governing body 
     of the Native Hawaiian people.
       (2) No diminishment of rights or privileges.--Nothing 
     contained in this Act shall diminish, alter, or amend any 
     existing rights or privileges enjoyed by the Native Hawaiian 
     people which are not inconsistent with the provisions of this 
     Act.
       (e) Incorporation of the Native Hawaiian Governing Body.--
       (1) Charter of incorporation.--Upon petition of the Native 
     Hawaiian governing body, the Secretary may issue a charter of 
     incorporation to the Native Hawaiian governing body. Upon the 
     issuance of such charter of incorporation, the Native 
     Hawaiian governing body shall have the same status under 
     Federal law when acting in its corporate capacity as the 
     status of Indian tribes that have been issued a charter of 
     incorporation under the authority of section 17 of the Indian 
     Reorganization Act (25 U.S.C. 477).
       (2) Enumerated powers.--Such charter may authorize the 
     incorporated Native Hawaiian governing body to exercise the 
     power to purchase, take by gift, bequest, or otherwise, own, 
     hold, manage, operate, and dispose of property of every 
     description, real and personal, including the power to 
     purchase lands and to issue an exchange of interests in 
     corporate property, and such further powers as may be 
     incidental to the conduct of corporate business, and that are 
     not inconsistent with law.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out the activities authorized in sections 
     4, 6, and 7 of this Act.

     SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; 
                   NEGOTIATIONS.

       (a) Reaffirmation.--The delegation by the United States of 
     authority to the State of Hawaii to address the conditions of 
     Native Hawaiians contained in 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) 
     is hereby reaffirmed.
       (b) Negotiations.--Upon the Federal recognition of the 
     Native Hawaiian governing body pursuant to section 7(d) of 
     this Act, the United States is authorized to negotiate and 
     enter into an agreement with the State of Hawaii and the 
     Native Hawaiian governing body regarding the transfer of 
     lands, resources, and assets dedicated to Native Hawaiian use 
     under existing law as in effect on the date of enactment of 
     this Act to the Native Hawaiian governing body.

     SEC. 10. DISCLAIMER.

       Nothing in this Act is intended to serve as a settlement of 
     any claims against the United States.

     SEC. 11. REGULATIONS.

       The Secretary is authorized to make such rules and 
     regulations and such delegations of authority as the 
     Secretary deems necessary to carry out the provisions of this 
     Act.

     SEC. 12. SEVERABILITY.

       In the event that any section or provision of this Act, or 
     any amendment made by this Act is held invalid, it is the 
     intent of Congress that the remaining sections or provisions 
     of this Act, and the amendments made by this Act, shall 
     continue in full force and effect.

  Mr. INOUYE. Mr. President, I rise today to support and cosponsor a 
bill, introduced by my dear friend and colleague Senator Daniel Akaka, 
which formally expresses the policy of the United States with regard to 
its relationship with Native Hawaiians.
  Mr. President, I have had the honor of serving as the Senator from 
Hawai`i since 1962. And for twenty of those years I have been 
privileged to sit on the Committee on Indian Affairs where I have been 
a staunch supporter of rights for American Indians, Alaska Natives, and 
Native Hawaiians. The bill reaffirms that the United States has not 
only a legal and political relationship with the native people of 
Hawai`i, but a special trust relationship to promote the welfare of the 
Native Hawaiian people.
  The Constitution empowers the Congress to direct the United States' 
relationship with American Indians as aboriginal, indigenous, native 
people. As territory was added to the United States, it came to be 
understood that Congress also has the authority to address the 
conditions of the native people of those areas that have become

[[Page S7399]]

part of the United States, namely Alaska Natives and Native Hawaiians. 
Although the three groups of native people are ethnically and 
culturally unique and distinct from one another, the United States 
recognizes that it has a special trust relationship with each group. 
This special relationship allows Congress to treat native people 
differently than its other citizens.
  Over the course of the last 80 years, the Congress has enacted over 
150 public laws that recognize and affect Native Hawaiians as native 
people. And most recently, the United States filed an amicus curiae 
brief in the United States Supreme Court that clearly established that 
the United States has a political and legal relationship with Native 
Hawaiians. The United States, through the actions of its legislative 
and executive branches, has viewed and treated Native Hawaiians as 
aboriginal, indigenous, native people.
  This bill clarifies that the United States has a legal and political 
relationship with Native Hawaiians as the aboriginal, indigenous, 
native people of Hawai`i and reaffirms the Constitutional authority of 
the Congress to address the conditions of Native Hawaiians through 
legislation. The bill also reaffirms the policy of the United States 
that Native Hawaiians have the inherent right to self-determination, 
self-governance, and the right to autonomy in their internal affairs. 
Most importantly this bill establishes a process by which Native 
Hawaiians can reorganize their governing body.
  Mr. President, since I have served in the Congress, the United 
States' policy toward its native people has been one of self-
determination. We now deal with American Indian Tribes and Alaska 
Natives Villages on a sovereign-to-sovereign basis. I think that this 
is the appropriate policy. Unfortunately, Native Hawaiians have not had 
the opportunity to fully enjoy this self-determination policy because 
we have failed to establish the framework for a government-to-
government relationship. This bill would provide that framework. This 
bill is just, right, and long overdue.

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