‘‘(ii) 
CONTENTS
OF
ARRANGE-
MENTS.—Arrangements under clause (i)
may address—
‘‘(I) appropriate reimbursement
for health care services including capi-
tation rates and fee-for-service rates
for Native Hawaiians who are entitled
to or eligible for insurance;
‘‘(II) the scope of services; or
‘‘(III) other matters that would
enable Native Hawaiians to maximize
health insurance benefits provided by
Federal and State health insurance
programs.
‘‘(3) TRADITIONAL HEALERS.—The provision of
health services under any program operated by the
Department or another Federal agency including the
Department of Veterans Affairs, may include the
services of ‘traditional Native Hawaiian healers’ as
defined in this Act or ‘traditional healers’ providing
‘traditional health care practices’ as defined in sec-
tion 4(r) of Public Law 94–437. Such services shall
be exempt from national accreditation reviews, in-
cluding reviews conducted by the Joint Accreditation
Commission on Health Organizations and the Reha-
bilitation Accreditation Commission.
‘‘SEC. 7. NATIVE HAWAIIAN HEALTH CARE.
‘‘(a) COMPREHENSIVE HEALTH PROMOTION, DIS-
EASE PREVENTION, AND PRIMARY HEALTH SERVICES.—
‘‘(1) GRANTS AND CONTRACTS.—The Secretary,
in consultation with Papa Ola Lokahi, may make
grants to, or enter into contracts with, any qualified
entity for the purpose of providing comprehensive
health promotion and disease prevention services, as
well as primary health services, to Native Hawaiians
who desire and are committed to bettering their own
health.
‘‘(2) PREFERENCE.—In making grants and en-
tering into contracts under this subsection, the Sec-
retary shall give preference to Native Hawaiian
health care systems and Native Hawaiian organiza-
tions and, to the extent feasible, health promotion
and disease prevention services shall be performed
through Native Hawaiian health care systems.
‘‘(3) QUALIFIED ENTITY.—An entity is a quali-
fied entity for purposes of paragraph (1) if the enti-
ty is a Native Hawaiian health care system or a Na-
tive Hawaiian Center.
‘‘(4) LIMITATION ON NUMBER OF ENTITIES.—
The Secretary may make a grant to, or enter into
a contract with, not more than 8 Native Hawaiian
health care systems under this subsection during
any fiscal year.
‘‘(b) PLANNING GRANT OR CONTRACT.—In addition
to grants and contracts under subsection (a), the Sec-
retary may make a grant to, or enter into a contract with,
Papa Ola Lokahi for the purpose of planning Native Ha-
waiian health care systems to serve the health needs of
Native Hawaiian communities on each of the islands of
O‘ahu, Moloka‘i, Maui, Hawai‘i, Lana‘i, Kaua‘i, and
Ni‘ihau in the State of Hawaii.
‘‘(c) SERVICES TO BE PROVIDED.—
‘‘(1) IN
GENERAL.—Each recipient of funds
under subsection (a) shall ensure that the following
services either are provided or arranged for:
‘‘(A) Outreach services to inform Native
Hawaiians of the availability of health services.
‘‘(B) Education in health promotion and
disease prevention of the Native Hawaiian pop-
ulation by, wherever possible, Native Hawaiian
health care practitioners, community outreach
workers, counselors, and cultural educators.
‘‘(C) Services of physicians, physicians’ as-
sistants, nurse practitioners or other health and
allied-health professionals.
‘‘(D) Immunizations.
‘‘(E) Prevention and control of diabetes,
high blood pressure, and otitis media.
‘‘(F) Pregnancy and infant care.
‘‘(G) Improvement of nutrition.
‘‘(H) Identification, treatment, control,
and reduction of the incidence of preventable
illnesses and conditions endemic to Native Ha-
waiians.
‘‘(I) Collection of data related to the pre-
vention of diseases and illnesses among Native
Hawaiians.
‘‘(J) Services within the meaning of the
terms ‘health promotion’, ‘disease prevention’,
and ‘primary health services’, as such terms are
defined in section 3, which are not specifically
referred to in subsection (a).
‘‘(K) Support of culturally appropriate ac-
tivities enhancing health and wellness including
land-based, water-based, ocean-based, and spir-
itually-based projects and programs.
‘‘(2) TRADITIONAL HEALERS.—The health care
services referred to in paragraph (1) which are pro-
vided under grants or contracts under subsection (a)
may be provided by traditional Native Hawaiian
healers.
‘‘(d) FEDERAL TORT CLAIMS ACT.—Individuals who
provide medical, dental, or other services referred to in
subsection (a)(1) for Native Hawaiian health care sys-
tems, including providers of traditional Native Hawaiian
healing services, shall be treated as if such individuals
were members of the Public Health Service and shall be
covered under the provisions of section 224 of the Public
Health Service Act.
‘‘(e) SITE FOR OTHER FEDERAL PAYMENTS.—A Na-
tive Hawaiian health care system that receives funds
under subsection (a) shall provide a designated area and
appropriate staff to serve as a Federal loan repayment fa-
cility. Such facility shall be designed to enable health and
allied-health professionals to remit payments with respect
to loans provided to such professionals under any Federal
loan program.
‘‘(f) RESTRICTION ON USE OF GRANT AND CON-
TRACT FUNDS.—The Secretary may not make a grant to,
or enter into a contract with, an entity under subsection
(a) unless the entity agrees that amounts received under
such grant or contract will not, directly or through con-
tract, be expended—
‘‘(1) for any services other than the services de-
scribed in subsection (c)(1); or
‘‘(2) to purchase or improve real property
(other than minor remodeling of existing improve-
ments to real property) or to purchase major med-
ical equipment.
‘‘(g) LIMITATION ON CHARGES FOR SERVICES.—The
Secretary may not make a grant to, or enter into a con-
tract with, an entity under subsection (a) unless the entity
agrees that, whether health services are provided directly
or through contract—
‘‘(1) health services under the grant or contract
will be provided without regard to ability to pay for
the health services; and
‘‘(2) the entity will impose a charge for the de-
livery of health services, and such charge—
‘‘(A) will be made according to a schedule
of charges that is made available to the public;
and
‘‘(B) will be adjusted to reflect the income
of the individual involved.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) GENERAL GRANTS.—There is authorized
to be appropriated such sums as may be necessary
for each of fiscal years 2002 through 2012 to carry
out subsection (a).
‘‘(2) PLANNING GRANTS.—There is authorized
to be appropriated such sums as may be necessary
for each of fiscal years 2002 through 2012 to carry
out subsection (b).
‘‘SEC. 8. ADMINISTRATIVE GRANT FOR PAPA OLA LOKAHI.
‘‘(a) IN GENERAL.—In addition to any other grant
or contract under this Act, the Secretary may make grants
to, or enter into contracts with, Papa Ola Lokahi for—
‘‘(1) coordination, implementation, and updat-
ing (as appropriate) of the comprehensive health
care master plan developed pursuant to section 5;
‘‘(2) training for the persons described section
7(c)(1);
‘‘(3) identification of and research into the dis-
eases that are most prevalent among Native Hawai-
ians, including behavioral, biomedical, epidemiologic,
and health services;
‘‘(4) the maintenance of an action plan out-
lining the contributions that each member organiza-
tion of Papa Ola Lokahi will make in carrying out
the policy of this Act;
‘‘(5) a clearinghouse function for—
‘‘(A) the collection and maintenance of
data associated with the health status of Native
Hawaiians;
‘‘(B) the identification and research into
diseases affecting Native Hawaiians; and
‘‘(C) the availability of Native Hawaiian
project funds, research projects and publica-
tions;
‘‘(6) the establishment and maintenance of an
institutional review board for all health-related re-
search involving Native Hawaiians;
‘‘(7) the coordination of the health care pro-
grams and services provided to Native Hawaiians;
and
‘‘(8) the administration of special project funds.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated such sums as may be nec-
essary for each of fiscal years 2002 through 2012 to carry
out subsection (a).
‘‘SEC. 9. ADMINISTRATION OF GRANTS AND CONTRACTS.
‘‘(a) TERMS AND CONDITIONS.—The Secretary shall
include in any grant made or contract entered into under
this Act such terms and conditions as the Secretary con-
siders necessary or appropriate to ensure that the objec-
tives of such grant or contract are achieved.
‘‘(b) PERIODIC REVIEW.—The Secretary shall peri-
odically evaluate the performance of, and compliance with,
grants and contracts under this Act.
‘‘(c) ADMINISTRATIVE REQUIREMENTS.—The Sec-
retary may not make a grant or enter into a contract
under this Act with an entity unless the entity—
‘‘(1) agrees to establish such procedures for fis-
cal control and fund accounting as may be necessary
to ensure proper disbursement and accounting with
respect to the grant or contract;
‘‘(2) agrees to ensure the confidentiality of
records maintained on individuals receiving health
services under the grant or contract;
‘‘(3) with respect to providing health services to
any population of Native Hawaiians, a substantial
portion of which has a limited ability to speak the
English language—
‘‘(A) has developed and has the ability to
carry out a reasonable plan to provide health
services under the grant or contract through in-
dividuals who are able to communicate with the
population involved in the language and cultural
context that is most appropriate; and
‘‘(B) has designated at least 1 individual,
fluent in both English and the appropriate lan-
guage, to assist in carrying out the plan;
‘‘(4) with respect to health services that are
covered under programs under titles XVIII, XIX, or
XXI of the Social Security Act, including any State
plan, or under any other Federal health insurance
plan—
‘‘(A) if the entity will provide under the
grant or contract any such health services
directly—
‘‘(i) the entity has entered into a par-
ticipation agreement under such plans; and
‘‘(ii) the entity is qualified to receive
payments under such plan; and
‘‘(B) if the entity will provide under the
grant or contract any such health services
through a contract with an organization—
‘‘(i) the organization has entered into
a participation agreement under such plan;
and
‘‘(ii) the organization is qualified to
receive payments under such plan; and
‘‘(5) agrees to submit to the Secretary and to
Papa Ola Lokahi an annual report that describes
the use and costs of health services provided under
the grant or contract (including the average cost of
health services per user) and that provides such
other information as the Secretary determines to be
appropriate.
‘‘(d) CONTRACT EVALUATION.—
‘‘(1) DETERMINATION OF NONCOMPLIANCE.—
If, as a result of evaluations conducted by the Sec-
retary, the Secretary determines that an entity has
not complied with or satisfactorily performed a con-
tract entered into under section 7, the Secretary
shall, prior to renewing such contract, attempt to re-
solve the areas of noncompliance or unsatisfactory
performance and modify such contract to prevent fu-
ture occurrences of such noncompliance or unsatis-
factory performance.
‘‘(2) NONRENEWAL.—If the Secretary deter-
mines that the noncompliance or unsatisfactory per-
formance described in paragraph (1) with respect to
an entity cannot be resolved and prevented in the fu-
ture, the Secretary shall not renew the contract with
such entity and may enter into a contract under sec-
tion 7 with another entity referred to in subsection
(a)(3) of such section that provides services to the
same population of Native Hawaiians which is
served by the entity whose contract is not renewed
by reason of this paragraph.
‘‘(3) CONSIDERATION OF RESULTS.—In deter-
mining whether to renew a contract entered into
with an entity under this Act, the Secretary shall
consider the results of the evaluations conducted
under this section.
‘‘(4) APPLICATION
OF
FEDERAL
LAWS.—All
contracts entered into by the Secretary under this
Act shall be in accordance with all Federal con-
tracting laws and regulations, except that, in the
discretion of the Secretary, such contracts may be
negotiated without advertising and may be exempted
from the provisions of the Act of August 24, 1935
(40 U.S.C. 270a et seq.).
‘‘(5) PAYMENTS.—Payments made under any
contract entered into under this Act may be made
in advance, by means of reimbursement, or in in-
stallments and shall be made on such conditions as
the Secretary deems necessary to carry out the pur-
poses of this Act.
‘‘(e) REPORT.—
‘‘(1) IN GENERAL.—For each fiscal year during
which an entity receives or expends funds pursuant
to a grant or contract under this Act, such entity
sive health promotion and disease prevention services to
Native Hawaiians.
‘‘(b) APPLICABLE FEDERAL PERSONNEL PROVI-
SIONS.—Any assignment of personnel made by the Sec-
retary under any agreement entered into under subsection
(a) shall be treated as an assignment of Federal personnel
to a local government that is made in accordance with sub-
chapter VI of chapter 33 of title 5, United States Code.
‘‘SEC. 11. NATIVE HAWAIIAN HEALTH SCHOLARSHIPS AND
FELLOWSHIPS.
‘‘(a) ELIGIBILITY.—Subject to the availability of
amounts appropriated under subsection (c), the Secretary
shall provide funds through a direct grant or a cooperative
agreement to Kamehameha Schools or another Native Ha-
waiian organization or health care organization with expe-
rience in the administration of educational scholarships or
placement services for the purpose of providing scholar-
ship assistance to students who—
‘‘(1) meet the requirements of section 338A of
the Public Health Service Act, except for assistance
as provided for under subsection (b)(2); and
‘‘(2) are Native Hawaiians.
‘‘(b) PRIORITY.—A priority for scholarships under
subsection (a) may be provided to employees of the Native
Hawaiian Health Care Systems and the Native Hawaiian
Health Centers.
‘‘(c) TERMS AND CONDITIONS.—
‘‘(1) IN GENERAL.—The scholarship assistance
under subsection (a) shall be provided under the
same terms and subject to the same conditions, reg-
ulations, and rules as apply to scholarship assistance
provided under section 338A of the Public Health
Service Act (except as provided for in paragraph
(2)), except that—
‘‘(A) the provision of scholarships in each
type of health care profession training shall cor-
respond to the need for each type of health care
professional to serve the Native Hawaiian com-
munity as identified by Papa Ola Lokahi;
‘‘(B) to the maximum extent practicable,
the Secretary shall select scholarship recipients
from a list of eligible applicants submitted by
the Kamehameha Schools or the Native Hawai-
ian organization administering the program;
‘‘(C) the obligated service requirement for
each scholarship recipient (except for those re-
ceiving assistance under paragraph (2)) shall be
fulfilled through service, in order of priority,
in—
‘‘(i) any one of the Native Hawaiian
health care systems or Native Hawaiian
health centers;
‘‘(ii) 
health 
professions 
shortage
areas, medically underserved areas, or geo-
graphic areas or facilities similarly des-
ignated by the United States Public Health
Service in the State of Hawaii; or
‘‘(iii) a geographical area, facility, or
organization that serves a significant Na-
tive Hawaiian population;
‘‘(D) the scholarship’s placement service
shall assign Native Hawaiian scholarship recipi-
ents to appropriate sites for service.
‘‘(E) the provision of counseling, retention
and other support services shall not be limited
to scholarship recipients, but shall also include
recipients of other scholarship and financial aid
programs enrolled in appropriate health profes-
sions training programs.
‘‘(F) financial assistance may be provided
to scholarship recipients in those health profes-
sions designated in such section 338A of the
Public Health Service Act while they are ful-
filling their service requirement in any one of
the Native Hawaiian health care systems or
community health centers.
‘‘(2) 
FELLOWSHIPS.—Financial 
assistance
through fellowships may be provided to Native Ha-
waiian community health representatives, outreach
workers, and health program administrators in pro-
fessional training programs, and to Native Hawai-
ians in certificated programs provided by traditional
Native Hawaiian healers in any of the traditional
Native Hawaiian healing practices including lomi-
lomi, la‘au lapa‘au, and ho‘oponopono. Such assist-
ance may include a stipend or reimbursement for
costs associated with participation in the program.
‘‘(3) RIGHTS AND BENEFITS.—Scholarship re-
cipients in health professions designated in section
338A of the Public Health Service Act while ful-
filling their service requirements shall have all the
same rights and benefits of members of the National
Health Service Corps during their period of service.
‘‘(4) NO INCLUSION OF ASSISTANCE IN GROSS
INCOME.—Financial assistance provided under sec-
tion 11 shall be deemed ‘Qualified Scholarships’ for
purposes of the section amended by section 123(a)
of Public Law 99–514, as amended.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated such sums as may be nec-
essary for each of fiscal years 2002 through 2012 for the
purpose of funding the scholarship assistance program
under subsection (a) and fellowship assistance under sub-
section (c)(2).
‘‘SEC. 12. REPORT.
‘‘The President shall, at the time the budget is sub-
mitted under section 1105 of title 31, United States Code,
for each fiscal year transmit to Congress a report on the
progress made in meeting the objectives of this Act, in-
cluding a review of programs established or assisted pur-
suant to this Act and an assessment and recommendations
of additional programs or additional assistance necessary
to, at a minimum, provide health services to Native Ha-
waiians, and ensure a health status for Native Hawaiians,
which are at a parity with the health services available
to, and the health status of, the general population.
‘‘SEC. 13. USE OF FEDERAL GOVERNMENT FACILITIES AND
SOURCES OF SUPPLY.
‘‘(a) IN GENERAL.—The Secretary shall permit orga-
nizations that receive contracts or grants under this Act,
in carrying out such contracts or grants, to use existing
facilities and all equipment therein or under the jurisdic-
tion of the Secretary under such terms and conditions as
may be agreed upon for the use and maintenance of such
facilities or equipment.
‘‘(b) DONATION OF PROPERTY.—The Secretary may
donate to organizations that receive contracts or grants
under this Act any personal or real property determined
to be in excess of the needs of the Department or the Gen-
eral Services Administration for purposes of carrying out
such contracts or grants.
‘‘(c) ACQUISITION
OF SURPLUS PROPERTY.—The
Secretary may acquire excess or surplus Federal Govern-
ment personal or real property for donation to organiza-
tions that receive contracts or grants under this Act if the
Secretary determines that the property is appropriate for
the use by the organization for the purpose for which a
contract or grant is authorized under this Act.
‘‘SEC. 14. DEMONSTRATION PROJECTS OF NATIONAL SIG-
NIFICANCE.
‘‘(a) AUTHORITY AND AREAS OF INTEREST.—The
Secretary, in consultation with Papa Ola Lokahi, may allo-
cate amounts appropriated under this Act, or any other
Act, to carry out Native Hawaiian demonstration projects
of national significance. The areas of interest of such
projects may include—
‘‘(1) the development of a centralized database
and information system relating to the health care
lence for Maternal Health and Nutrition at the
Waimanalo Health Center, and a Native Hawaiian
Center of Excellence for Research, Training, Inte-
grated Medicine at Molokai General Hospital and a
Native Hawaiian Center of Excellence for Com-
plimentary Health and Health Education and Train-
ing at the Waianae Coast Comprehensive Health
Center.
The Papa Ola Lokahi, and any centers established under
paragraph (6) shall be deemed qualified as Centers of Ex-
cellence under sections 485F and 903(b)(2)(A) of the
Public Health Service Act.
‘‘(b) NONREDUCTION IN OTHER FUNDING.—The al-
location of funds for demonstration projects under sub-
section (a) shall not result in a reduction in funds required
by the Native Hawaiian health care systems, the Native
Hawaiian Health Centers, the Native Hawaiian Health
Scholarship Program, or Papa Ola Lokahi to carry out
their respective responsibilities under this Act.
‘‘SEC. 15. NATIONAL BIPARTISAN COMMISSION ON NATIVE
HAWAIIAN HEALTH CARE ENTITLEMENT.
‘‘(a) ESTABLISHMENT.—There is hereby established
a National Bipartisan Native Hawaiian Health Care Enti-
tlement Commission (referred to in this Act as the ‘Com-
mission’).
‘‘(b) MEMBERSHIP.—The Commission shall be com-
posed of 21 members to be appointed as follows:
‘‘(1) CONGRESSIONAL MEMBERS.—
‘‘(A) APPOINTMENT.—Eight members of
the Commission shall be members of Congress,
of which—
‘‘(i) two members shall be from the
House of Representatives and shall be ap-
pointed by the Majority Leader;
‘‘(ii) two members shall be from the
House of Representatives and shall be ap-
pointed by the Minority Leader;
‘‘(iii) two members shall be from the
Senate and shall be appointed by the Ma-
jority Leader; and
‘‘(iv) two members shall be from the
Senate and shall be appointed by the Mi-
nority Leader.
‘‘(B) RELEVANT
COMMITTEE
MEMBER-
SHIP.—The members of the Commission ap-
pointed under subparagraph (A) shall each be
members of the committees of Congress that
consider legislation affecting the provision of
health care to Native Hawaiians and other Na-
tive Americans.
‘‘(C) CHAIRPERSON.—The members of the
Commission appointed under subparagraph (A)
shall elect the chairperson and vice-chairperson
of the Commission.
‘‘(2) HAWAIIAN
HEALTH
MEMBERS.—Eleven
members of the Commission shall be appointed by
Hawaiian health entities, of which—
‘‘(A) five members shall be appointed by
the Native Hawaiian Health Care Systems;
‘‘(B) one member shall be appointed by the
Hawaii State Primary Care Association;
‘‘(C) one member shall be appointed by
Papa Ola Lokahi;
‘‘(D) one member shall be appointed by the
Native Hawaiian Health Task Force;
‘‘(E) one member shall be appointed by the
Office of Hawaiian Affairs; and
‘‘(F) two members shall be appointed by
the Association of Hawaiian Civic Clubs and
shall represent Native Hawaiian populations re-
siding in the continental United States.
‘‘(3) SECRETARIAL MEMBERS.—Two members
of the Commission shall be appointed by the Sec-
retary and shall possess knowledge of Native Hawai-
ian health concerns and wellness.
‘‘(c) TERMS.—
‘‘(1) IN GENERAL.—The members of the Com-
mission shall serve for the life of the Commission.
‘‘(2) INITIAL
APPOINTMENT
OF
MEMBERS.—
The members of the Commission shall be appointed
under subsection (b)(1) not later than 90 days after
the date of enactment of this Act, and the remaining
members of the Commission shall be appointed not
later than 60 days after the date on which the mem-
bers are appointed under such subsection (b)(1).
‘‘(3) VACANCIES.—A vacancy in the member-
ship of the Commission shall be filled in the manner
in which the original appointment was made.
‘‘(d) DUTIES OF THE COMMISSION.—The Commis-
sion shall carry out the following duties and functions:
‘‘(1) Review and analyze the recommendations
of the report of the study committee established
under paragraph (3).
‘‘(2) Make recommendations to Congress for
the provision of health services to Native Hawaiian
individuals as an entitlement, giving due regard to
the effects of a program on existing health care de-
livery systems for Native Hawaiians and the effect
of such programs on self-determination and the rec-
onciliation of their relationship with the United
States.
‘‘(3) Establish a study committee to be com-
posed of at least 10 members from the Commission,
including 4 members of the members appointed
under subsection (b)(1), 5 of the members appointed
under subsection (b)(2), and 1 of the members ap-
pointed by the Secretary under subsection (b)(3),
which shall—
‘‘(A) to the extent necessary to carry out
its duties, collect, compile, qualify, and analyze
data necessary to understand the extent of Na-
tive Hawaiian needs with regard to the provi-
sion of health services, including holding hear-
ings and soliciting the views of Native Hawai-
ians and Native Hawaiian organizations, and
which may include authorizing and funding fea-
sibility studies of various models for all Native
Hawaiian beneficiaries and their families, in-
cluding those that live in the continental United
States;
‘‘(B) make recommendations to the Com-
mission for legislation that will provide for the
culturally-competent and appropriate provision
of health services for Native Hawaiians as an
entitlement, which shall, at a minimum, address
issues of eligibility and benefits to be provided,
including 
recommendations 
regarding 
from
whom such health services are to be provided
and the cost and mechanisms for funding of the
health services to be provided;
‘‘(C) determine the effect of the enactment
of such recommendations on the existing system
of delivery of health services for Native Hawai-
ians;
‘‘(D) determine the effect of a health serv-
ice entitlement program for Native Hawaiian
individuals on their self-determination and the
reconciliation of their relationship with the
United States;
‘‘(E) not later than 12 months after the
date of the appointment of all members of the
Commission, make a written report of its find-
ings and recommendations to the Commission,
which report shall include a statement of the
minority and majority position of the committee
and which shall be disseminated, at a minimum,
to Native Hawaiian organizations and agencies
and health organizations referred to in sub-
section (b)(2) for comment to the Commission;
and
‘‘(F) report regularly to the full Commis-
sion regarding the findings and recommenda-
tions developed by the committee in the course
of carrying out its duties under this section.
‘‘(4) Not later than 18 months after the date
of the appointment of all members of the Commis-
sion, submit a written report to Congress containing
a recommendation of policies and legislation to im-
plement a policy that would establish a health care
system for Native Hawaiians, grounded in their cul-
ture, and based on the delivery of health services as
an entitlement, together with a determination of the
implications of such an entitlement system on exist-
ing health care delivery systems for Native Hawai-
ians and their self-determination and the reconcili-
ation of their relationship with the United States.
‘‘(e) ADMINISTRATIVE PROVISIONS.—
‘‘(1) COMPENSATION AND EXPENSES.—
‘‘(A) CONGRESSIONAL
MEMBERS.—Each
member of the Commission appointed under
subsection (b)(1) shall not receive any addi-
tional compensation, allowances, or benefits by
reason of their service on the Commission. Such
members shall receive travel expenses and per
diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United
States Code.
‘‘(B) OTHER MEMBERS.—The members of
the Commission appointed under paragraphs
(2) and (3) of subsection (b) shall, while serv-
ing on the business of the Commission (includ-
ing travel time), receive compensation at the
per diem equivalent of the rate provided for in-
dividuals under level IV of the Executive Sched-
ule under section 5315 of title 5, United States
Code, and while serving away from their home
or regular place of business, be allowed travel
expenses, as authorized by the chairperson of
the Commission.
‘‘(C) OTHER PERSONNEL.—For purposes
of compensation (other than compensation of
the members of the Commission) and employ-
ment benefits, rights, and privileges, all per-
sonnel of the Commission shall be treated as if
they were employees of the Senate.
‘‘(2) MEETINGS AND QUORUM.—
‘‘(A) MEETINGS.—The Commission shall
meet at the call of the chairperson.
‘‘(B) QUORUM.—A quorum of the Commis-
sion shall consist of not less than 12 members,
of which—
‘‘(i) not less than 4 of such members
shall 
be 
appointees 
under 
subsection
(b)(1);
‘‘(ii) not less than 7 of such members
shall 
be 
appointees 
under 
subsection
(b)(2); and
‘‘(iii) not less than 1 of such members
shall be an appointee under subsection
(b)(3).
‘‘(3) DIRECTOR AND STAFF.—
‘‘(A) EXECUTIVE
DIRECTOR.—The mem-
bers of the Commission shall appoint an execu-
tive director of the Commission. The executive
director shall be paid the rate of basic pay
equal to that under level V of the Executive
Schedule under section 5316 of title 5, United
States Code.
‘‘(B) STAFF.—With the approval of the
Commission, the executive director may appoint
such personnel as the executive director deems
appropriate.
‘‘(C) APPLICABILITY
OF
CIVIL
SERVICE
LAWS.—The staff of the Commission shall be
appointed without regard to the provisions of
title 5, United States Code, governing appoint-
ments in the competitive service, and shall be
paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such
title (relating to classification and General
Schedule pay rates).
‘‘(D) EXPERTS AND CONSULTANTS.—With
the approval of the Commission, the executive
director may procure temporary and intermit-
tent services under section 3109(b) of title 5,
United States Code.
‘‘(E) FACILITIES.—The Administrator of
the General Services Administration shall locate
suitable office space for the operations of the
Commission in Washington, D.C. and in the
State of Hawaii. The Washington, D.C. facili-
ties shall serve as the headquarters of the Com-
mission while the Hawaii office shall serve a li-
aison function. Both such offices shall include
all necessary equipment and incidentals re-
quired for the proper functioning of the Com-
mission.
‘‘(f) POWERS.—
‘‘(1) HEARINGS AND OTHER ACTIVITIES.—For
purposes of carrying out its duties, the Commission
may hold such hearings and undertake such other
activities as the Commission determines to be nec-
essary to carry out its duties, except that at least 8
hearings shall be held on each of the Hawaiian Is-
lands and 3 hearings in the continental United
States in areas where a significant population of Na-
tive Hawaiians reside. Such hearings shall be held to
solicit the views of Native Hawaiians regarding the
delivery of health care services to such individuals.
To constitute a hearing under this paragraph, at
least 4 members of the Commission, including at
least 1 member of Congress, must be present. Hear-
ings held by the study committee established under
subsection (d)(3) may be counted towards the num-
ber of hearings required under this paragraph.
‘‘(2) STUDIES BY THE GENERAL ACCOUNTING
OFFICE.—Upon the request of the Commission, the
Comptroller General shall conduct such studies or
investigations as the Commission determines to be
necessary to carry out its duties.
‘‘(3) COST ESTIMATES.—
‘‘(A) IN GENERAL.—The Director of the
Congressional Budget Office or the Chief Actu-
ary of the Health Care Financing Administra-
tion, or both, shall provide to the Commission,
upon the request of the Commission, such cost
estimates as the Commission determines to be
necessary to carry out its duties.
‘‘(B) REIMBURSEMENTS.—The Commis-
sion shall reimburse the Director of the Con-
gressional Budget Office for expenses relating
to the employment in the office of the Director
of such additional staff as may be necessary for
the Director to comply with requests by the
Commission under subparagraph (A).
‘‘(4) DETAIL OF FEDERAL EMPLOYEES.—Upon
the request of the Commission, the head of any Fed-
eral agency is authorized to detail, without reim-
bursement, any of the personnel of such agency to
the Commission to assist the Commission in car-
rying out its duties. Any such detail shall not inter-
rupt or otherwise affect the civil service status or
privileges of the Federal employees.
‘‘(5) TECHNICAL
ASSISTANCE.—Upon the re-
quest of the Commission, the head of any Federal
agency shall provide such technical assistance to the
fice, the Commission shall be deemed to be a com-
mittee of Congress.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated such sums as may be nec-
essary to carry out this section. The amount appropriated
under this subsection shall not result in a reduction in
any other appropriation for health care or health services
for Native Hawaiians.
‘‘SEC. 16. RULE OF CONSTRUCTION.
‘‘Nothing in this Act shall be construed to restrict
the authority of the State of Hawaii to license health prac-
titioners.
‘‘SEC. 17. COMPLIANCE WITH BUDGET ACT.
‘‘Any new spending authority (described in subpara-
graph (A) of (B) of section 401(c)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2) (A) or (B)))
which is provided under this Act shall be effective for any
fiscal year only to such extent or in such amounts as are
provided for in appropriation Acts.
‘‘SEC. 18. SEVERABILITY.
‘‘If any provision of this Act, or the application of
any such provision to any person or circumstances is held
to be invalid, the remainder of this Act, and the applica-
tion of such provision or amendment to persons or cir-
cumstances other than those to which it is held invalid,
shall not be affected thereby.’’.
Æ