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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Grandparents Raising Grandchildren
Assistance Act of 1993''.

SEC. 2. FINDINGS.

The Congress finds that--
(1) many grandparents throughout the United States are the
primary caregivers to their grandchildren and such grandparents
are essentially starting over as parents;
(2) grandparents are acting as parents for a second time
primarily because of problems relating to the natural parents
of their grandchildren such as drug and alcohol addiction,
abuse, divorce, AIDS and other health problems, and teenage
pregnancy;
(3) grandparents and the grandchildren for whom they
provide care often suffer legal, financial, emotional, and
bureaucratic hardships; and
(4) it is desirable to develop national policies that
assist grandparents who are serving as the primary caregivers
to their grandchildren.

SEC. 3. GRANDCHILD SOCIAL SECURITY BENEFITS BASED ONLY ON DEPENDENCY.

(a) In General.--Subsection (e) of section 216 of the Social
Security Act (42 U.S.C. 416) is amended--
(1) by striking '', but only if'' in the first sentence and
all that follows through ''such individual died''; and
(2) by striking the last sentence.
(b) Additional Requirements if Parents Are Alive.--Section
202(d)(9) of the Social Security Act (42 U.S.C. 402(d)(9)) is amended
by adding at the end the following new subparagraph:
''(C) If--
''(i) a child is treated as a child of an individual under
clause (3) of the first sentence of section 216(e), and
''(ii) a natural or adoptive parent of the child is living
at the time specified in paragraph (1)(C) of this subsection,
such child shall not be treated as dependent on such individual as of
such time unless the period described in subparagraphs (A) and (B) is
two years, and the natural or adoptive parent, if over the age of 18
years, is not a dependent for whom a deduction is allowable under
section 151 of the Internal Revenue Code of 1986 to such individual.''.
(c) Suspension of Benefits if Child Reunites With Parents.--Section
202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ''or'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ''; or''; and
(3) by inserting after subparagraph (G) the following new
subparagraph:
''(H) in the case of a child described in paragraph (9)(C),
the first month during which such child lives with such child's
natural or adoptive parent who has attained the age of 18 and
who is not a dependent as described in such paragraph.''.
(d) Effective Date.--The amendments made by this section shall
apply to benefits payable for months after the date of the enactment of
this Act, but only on the basis of applications filed after such date.

SEC. 4. DEVELOPMENT OF OPTIONAL MODEL PROCEDURE FOR NOTIFYING RELATIVES
PRIOR TO PLACEMENT OF A CHILD IN FOSTER CARE.

(a) In General.--Part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.) is amended by inserting after section 477 the
following new section:

''development of model procedure for notifying relatives prior to
placement of a child in foster care

''Sec. 478. Not later than 180 days after the date of the enactment
of this section, the Secretary shall develop a model procedure to be
used by any State with a plan approved under this part which ensures
that reasonable efforts will be made prior to the placement of a child
in foster care to give notice to a relative (including a maternal or
fraternal grandparent, adult sibling, aunt, or uncle) who might be
available to care for the child.''.
(b) State Option to Establish Model Procedure.--Subsection (a) of
section 471 of the Social Security Act (42 U.S.C. 671) is amended--
(1) by striking ''and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ''; and''; and
(3) by adding at the end the following new paragraph:
''(18) at the option of the State, provides that the State
agency will establish the procedure developed by the Secretary
under section 478 or an alternate procedure for notifying
relatives prior to the placement of a child in foster care.''.
(c) Effective Date.--The amendments made by this section shall be
effective on the date of the enactment of this Act.

SEC. 5. MODEL STANDARDS FOR INSURANCE COVERAGE OF DEPENDENTS.

(a) Development of Model Standards.--If, within 1-year after the
date of the enactment of this section, the National Association of
Insurance Commissioners has not developed model standards for the
coverage of dependents under health insurance policies, the Secretary
of Health and Human Services (hereafter in this section referred to as
the ''Secretary''), shall develop such standards not later than 180
days after the end of such 1-year period.
(b) Distribution of Model Standards.--If the Secretary develops
model standards under subsection (a), the Secretary shall distribute
such standards to the commissioner of insurance, or any similar
official, of each State.

SEC. 6. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR
GRANDCHILDREN.

(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary of Commerce (hereafter in this
section referred to as the ''Secretary''), in carrying out the
provisions of section 141 of title 13, United States Code, shall expand
the data collection efforts of the Bureau of the Census (hereafter in
this section referred to as the ''Bureau'') to enable the Bureau to
collect statistically significant data, in connection with its
decennial census and its mid-decade census, concerning the growing
trend of grandparents who are the primary caregivers for their
grandchildren.
(b) Expanded Census Question.--In carrying out the provisions of
subsection (a), the Secretary shall expand the Bureau's census question
that details households which include both grandparents and their
grandchildren. The expanded question shall be formulated to distinguish
between the following households:
(1) a household in which a grandparent temporarily provides
a home for a grandchild for a period of weeks or months during
periods of parental distress; and
(2) a household in which a grandparent provides a home for
a grandchild and serves as the primary caregiver for the
grandchild.

SEC. 7. GRANTS FOR THE ESTABLISHMENT AND OPERATION OF A NATIONAL
RESOURCE CENTER FOR GRANDPARENTS.

(a) In General.--Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended by adding at the end the following:
''(f)(1) The Commissioner shall make grants to, or enter into
contracts with, one eligible entity to establish and operate the
National Resource Center for Grandparents (referred to in this
subsection as the 'Center') to serve as a central source of information
and assistance to older individuals who--
''(A) raise their grandchildren;
''(B) encounter problems obtaining access to their
grandchildren for purposes of visitation; or
''(C) need financial, legal, emotional, or informational
assistance regarding their relationship with their
grandchildren.
''(2) The Center shall--
''(A) be staffed by employees and volunteers, including
such older individuals;
''(B) provide a toll-free telephone number to increase
access to the information and assistance available from the
Center;
''(C) collect and make available to such older individuals
information regarding programs, projects, and activities of
public and private entities (including governmental entities)
relating to the matters described in subparagraphs (A), (B),
and (C) of paragraph (1), including information on State law
regarding grandparent visitation and Federal assistance
available to such older individuals; and
''(D) refer individual grandparents to public and private
entities that provide information or assistance regarding the
rearing of grandchildren, including information regarding the
prevention of drug abuse and the promotion of good health and
nutrition.
''(3) For purposes of this subsection, the term 'eligible entity'
means a nonprofit private organization with a demonstrated record of
experience in representing the concerns of older individuals with
respect to their relationship to their grandchildren.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act.

A: Grandparents Raising Grandchildren Assistance Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to qualify grandchildren for social security benefits based only on their dependency on social security recipients. Sets special rules if one of a grandchild's natural or adoptive parents is living. Provides for suspension of such benefits in the event the grandchild reunites with a natural or adoptive parent.
Amends part E (Foster Care and Adoption Assistance) of SSA title IV to direct the Secretary of Health and Human Services to develop a model procedure for States to use in notifying relatives before the placement of a child in foster care.
Directs the Secretary, if the National Association of Insurance Commissioners (NAIC) has not done so by a specified deadline, to develop model standards for the coverage of dependents under health insurance policies.
Requires the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect statistically significant data on the growing trend of grandparents who are the primary caregivers for their grandchildren.
Amends the Older Americans Act of 1965 to direct the Commissioner on Aging to make grants to or enter contracts with one eligible entity to establish and operate the National Resource Center for Grandparents to serve as a central source of information and assistance to older individuals who: (1) raise their grandchildren; (2) encounter problems obtaining visitation access to their grandchildren; or (3) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Bridges to the Cuban People Act of
2001''.

TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA

SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH
CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.

(a) In General.--Except as provided in subsection (b), any
prohibition or restriction in law or regulation on trade or financial
transactions with Cuba shall not apply with respect to the export of
any agricultural commodity, farm machinery or equipment, medicine, or
medical device, or with respect to travel incident to the sale or
delivery of any agricultural commodity, farm machinery or equipment,
medicine, or medical device, to Cuba.
(b) Exceptions.--Subsection (a) does not apply to--
(1) any prohibition or restriction imposed under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or
successor statute for goods containing parts or components on
which export controls are in effect under that section; or
(2) any prohibition or restriction imposed under section
203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) insofar as the prohibition or restriction is
exercised to deal with a threat to the national security of the
United States by virtue of the technology incorporated in such
machinery or equipment.
(c) Supersedes Existing Law.--Subsection (a) supersedes the Trade
Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R.
5426 of the One Hundred Sixth Congress, as enacted into law by section
1(a) of Public Law 106-387, and as contained in the appendix of that
Act) or any other provision of law.

SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED
STATES PORTS.

Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C.
6005(b); prohibiting certain vessels from entering United States ports)
shall not apply with respect to vessels that transport to Cuba any item
the export of which is permitted under section 101 or 404 of this Act.

SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT
PROGRAMS FOR CUBA.

(a) Study.--The Secretary of Agriculture shall conduct a study of
United States agricultural export promotion and credit programs in
effect as of the date of enactment of this Act to determine how such
programs may be carried out to promote the consumption of United States
agricultural commodities in Cuba.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
containing--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for proposed legislation, if any, to
improve the ability of the Secretary of Agriculture to utilize
United States agricultural export promotion and credit programs
with respect to the consumption of United States agricultural
commodities in Cuba.

SEC. 104. REPORT TO CONGRESS.

Not later than 6 months after the date of enactment of this Act,
the President shall submit to Congress a report that sets forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of agricultural commodities, farm machinery and
equipment, medicines, and medical devices, since the date of
enactment of this Act;
(2) a description of the types of the goods so exported;
and
(3) whether there has been any indication that any medicine
or medical device exported to Cuba since the date of enactment
of this Act--
(A) has been used for purposes of torture or other
human rights abuses;
(B) was reexported; or
(C) was used in the production of any bio-
technological product.

SEC. 105. DEFINITIONS.

In this title:
(1) Agricultural commodity.--The term ''agricultural
commodity''--
(A) has the meaning given the term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602);
and
(B) includes fertilizer.
(2) Medical device.--The term ''medical device'' has the
meaning given the term ''device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ''medicine'' has the meaning given
the term ''drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 7321).

TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS
TO CUBA

SEC. 201. TRAVEL TO CUBA.

(a) In General.--
(1) Freedom of travel for united states nationals and
lawful permanent resident aliens.--
(A) In general.--Subject to subsection (b), the
President shall not regulate or prohibit, directly or
indirectly--
(i) travel to, from, or within Cuba by
nationals of the United States or aliens
lawfully admitted for permanent residence in
the United States; or
(ii) any of the transactions incident to
such travel that are set forth in paragraph
(2).
(B) Supersedes existing law.--Subparagraph (A)
supersedes any other provision of law.
(2) Transactions incident to travel.--
(A) In general.--Except as provided in subparagraph
(B), the transactions referred to in paragraph (1)
are--
(i) any transaction ordinarily incident to
travel to or from Cuba, including the
importation into Cuba or the United States of
accompanied baggage for personal use only;
(ii) any transaction ordinarily incident to
travel or maintenance within Cuba, including
the payment of living expenses and the
acquisition of goods or services for personal
use;
(iii) any transaction ordinarily incident
to the arrangement, promotion, or facilitation
of travel to, from, or within Cuba;
(iv) any transaction incident to
nonscheduled air, sea, or land voyages, except
that this clause does not authorize the
carriage of articles into Cuba or the United
States except accompanied baggage; and
(v) any normal banking transaction incident
to any activity described in any of the
preceding clauses, including the issuance,
clearing, processing, or payment of checks,
drafts, travelers checks, credit or debit card
instruments, or similar instruments.
(B) Exclusion of certain goods for personal
consumption.--The transactions described in
subparagraph (A) do not include the importation into
the United States of goods for personal consumption
acquired in Cuba in excess of the amount established by
the Secretary of the Treasury pursuant to section 321
of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise
authorized by law.
(b) Exceptions.--The prohibition contained in subsection (a)(1)
does not apply in a case in which--
(1) the United States is at war with Cuba;
(2) armed hostilities between the two countries are in
progress or imminent; or
(3) there is a credible threat to the public health or the
physical safety of nationals of the United States who are
traveling to, from, or within Cuba.
(c) Applicability.--This section applies to actions taken by the
President before the date of enactment of this Act that are in effect
on such date, and to actions taken on or after such date.
(d) Repeals.--There are repealed the following provisions of law:
(1) Section 102(h) of Public Law 104-114 (22 U.S.C.
6032(h)).
(2) Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the One
Hundred Sixth Congress, as enacted into law by section 1(a) of
Public Law 106-387, and as contained in the appendix of that
Act).
(e) Definitions.--In this section:
(1) Lawfully admitted for permanent residence.--The term
''lawfully admitted for permanent residence'' has the meaning
given the term in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
(2) National of the united states.--The term ''national of
the United States'' has the meaning given the term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).

TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS

SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.

(a) Authority.--
(1) In general.--The President is authorized to provide
scholarships under section 102 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of
Cuba who seek to undertake graduate study in public health,
public policy, economics, law, or other field of social
science. In awarding scholarships under this paragraph, the
President shall give preference to individuals not employed by
the Cuban government or actively participating in the communist
party.
(2) Superseding existing law.--The authority of paragraph
(1) shall be exercised without regard to any other provision of
law.
(b) Allocation of Funds.--Of the amounts authorized to be
appropriated to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through
2006, the following amounts are authorized to be available to carry out
subsection (a):
(1) For fiscal year 2002, $1,400,000 for not to exceed 20
scholarships.
(2) For fiscal year 2003, $1,750,000 for not to exceed 25
scholarships.
(3) For fiscal year 2004, $2,450,000 for not to exceed 35
scholarships.
(4) For fiscal year 2005, $2,450,000 for not to exceed 35
scholarships.
(5) For fiscal year 2006, $2,450,000 for not to exceed 35
scholarships.

TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.

(a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021
et seq.) if the President determines that to do so will promote the
peaceful transition to democracy in Cuba.
(b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021
et seq.; relating to the inadmissibility of certain aliens) if the
President determines that to do so will further the national economic
interest of the United States.

SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.

(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of enactment of this Act that so limit the amount
of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).

SEC. 403. IMPORTATION OF DRUGS AND DEVICES.

Any prohibition or restriction in law (including a regulation) on
trade or financial transactions with Cuba shall not apply with respect
to--
(1) a new drug for which an application for investigation
under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) has been submitted to the Secretary of
Health and Human Services;
(2) a biological product for which an application for
investigation under section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) has been submitted to the
Secretary of Health and Human Services;
(3) a device for which an application for investigation
under section 520(g) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360j(g)) has been submitted to the Secretary of
Health and Human Services;
(4) a drug that is the subject of an approved application
under section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355);
(5) a biological product that is the subject of an approved
license under section 351 of the Public Health Service Act (42
U.S.C. 262); or
(6) a device that--
(A) is cleared for marketing under section 510(k)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(k));
(B) is the subject of an approved application for
premarket approval under section 515 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e); or
(C) is exempted from premarket clearance under
subsection (l) or (m) of section 510 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360).

SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES
INTENDED FOR EXCLUSIVE USE OF CHILDREN.

Funds made available under any provision of law may not be used to
administer or enforce any sanction by the United States on exports of
goods or services intended for the exclusive use of children (other
than a sanction imposed pursuant to an agreement with one or more other
countries).

A: Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffics in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Exempts from prohibitions or restrictions on trade with Cuba the import of certain drugs, biological products, and medical devices into the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba.
****
Q: to provide for annexing the
Hawaiian Islands to the United States of July 7, 1898 (30 Stat.
750), and which were later transferred to the State of Hawaii
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. 4).
(4) Indigenous, native people.--The term ''indigenous,
native people'' means the lineal descendants of the aboriginal,
indigenous, native people of the United States.
(5) Native hawaiian.--
(A) Prior to the recognition by the United States
of the Native Hawaiian governing entity, the term
''Native Hawaiian'' means all Native Hawaiian people
who were eligible in 1921 for the programs authorized
by the Hawaiian Homes Commission Act (42 Stat. 108,
chapter 42) and their lineal descendants.
(B) Following the recognition by the United States
of the Native Hawaiian governing entity, the term
''Native Hawaiian'' shall have the meaning given to
such term in the organic governing documents of the Native Hawaiian
governing entity.
(6) Native hawaiian governing entity.--The term ''Native
Hawaiian governing entity'' means the sole governing entity
organized by the Native Hawaiian people through a process which
involves the maximum participation of Native Hawaiians.
(7) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.

SEC. 3. UNITED STATES POLICY AND PURPOSE.

(a) Policy.--The United States reaffirms that--
(1) Native Hawaiians are a unique and distinct, indigenous,
native people, with whom the United States has a political and
legal relationship;
(2) the United States has a special responsibility 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 entity; and
(5) the United States shall continue to engage in a process
of reconciliation and political relations with the Native
Hawaiian people.
(b) Purpose.--It is the intent of Congress that the purpose of this
Act is to provide a process for the recognition by the United States of
a Native Hawaiian governing entity for purposes of continuing a
government-to-government relationship.

SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN
RELATIONS.

(a) In General.--There is established within the Office of the
Secretary the United States Office for Native Hawaiian Relations.
(b) Duties of the Office.--The United States Office for Native
Hawaiian Relations shall--
(1) effectuate and coordinate the special political and
legal relationship between the Native Hawaiian people and the
United States, and upon the recognition of the Native Hawaiian
governing entity by the United States, between the Native
Hawaiian governing entity and the United States through the
Secretary, and with all other Federal agencies;
(2) continue the process of reconciliation with the Native
Hawaiian people, and upon the recognition of the Native
Hawaiian governing entity by the United States, continue the
process of reconciliation with the Native Hawaiian governing
entity;
(3) fully integrate the principle and practice of
meaningful, regular, and appropriate consultation with the
Native Hawaiian governing entity by providing timely notice to,
and consulting with the Native Hawaiian people and the Native
Hawaiian governing entity prior to taking any actions that may
have the potential to significantly affect Native Hawaiian
resources, rights, or lands;
(4) consult with 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; and
(5) prepare and submit to the Committee on Indian Affairs
and the Committee on Energy and Natural Resources of the
Senate, and the Committee on Resources of the House of
Representatives an annual report detailing the activities that
are undertaken with respect to the continuing process of
reconciliation and to effect meaningful consultation with the
Native Hawaiian governing entity and providing recommendations
for any necessary changes to existing Federal statutes or
regulations promulgated under the authority of Federal law.

SEC. 5. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING
ENTITY.

(a) Recognition of Right To Organize.--The right of the Native
Hawaiian people to organize for their common welfare and to adopt
appropriate organic governing documents is hereby recognized by the
United States.
(b) Process.--
(1) Submittal of organic governing documents.--Following
the organization of the Native Hawaiian governing entity, the
adoption of organic governing documents, and the election of
officers of the Native Hawaiian governing entity, the duly
elected officers of the Native Hawaiian governing entity shall
submit the organic governing documents of the Native Hawaiian
governing entity--
(A) to the Secretary; and
(B) to the State of Hawaii for purposes of advising
the State that the Native Hawaiian governing entity has
been reorganized.
(2) Certifications.--
(A) In general.--Within 120 days of the date that
the duly elected officers of the Native Hawaiian
governing entity submit the organic governing documents
to the Secretary, the Secretary shall certify that the
organic governing documents--
(i) establish the criteria for citizenship
in the Native Hawaiian governing entity;
(ii) were adopted through a process that
provided for the maximum participation of
Native Hawaiians;
(iii) provide for the exercise of
governmental authorities by the Native Hawaiian
governing entity;
(iv) provide for the Native Hawaiian
governing entity to negotiate with Federal,
State, and local governments, and other
entities;
(v) prevent the sale, disposition, lease,
or encumbrance of lands, interests in lands, or
other assets of the Native Hawaiian governing
entity without the consent of the Native
Hawaiian governing entity;
(vi) provide for the protection of the
civil rights of the citizens of the Native
Hawaiian governing entity and all persons
subject to the authority of the Native Hawaiian
governing entity, and ensure that the Native
Hawaiian governing entity exercises its
authority consistent with the requirements of
section 202 of the Act of April 11, 1968 (25
U.S.C. 1302); and
(vii) are consistent with applicable
Federal law and the special political and legal
relationship between the United States and the
indigenous native people of the United States.
(B) By the secretary.--Within 120 days of the date
that the duly elected officers of the Native Hawaiian
governing entity submit the organic governing documents
to the Secretary, the Secretary shall certify that the
State of Hawaii supports the recognition of the Native
Hawaiian governing entity by the United States as
evidenced by a resolution or act of the Hawaii State
legislature.
(C) Resubmission in case of noncompliance with
federal law.--
(i) Resubmission by the secretary.--If the
Secretary determines that the organic governing
documents, or any part thereof, are not
consistent with applicable Federal law, the
Secretary shall resubmit the organic governing
documents to the duly elected officers of the
Native Hawaiian governing entity along with a
justification for each of the Secretary's
findings as to why the provisions are not
consistent with such law.
(ii) Amendment and resubmission by the
native hawaiian governing entity.--If the
organic governing documents are resubmitted to
the duly elected officers of the Native
Hawaiian governing entity by the Secretary
under clause (i), the duly elected officers of
the Native Hawaiian governing entity shall--
(I) amend the organic governing
documents to ensure that the documents
comply with applicable Federal law; and
(II) resubmit the amended organic
governing documents to the Secretary
for certification in accordance with
the requirements of this paragraph.
(D) Certifications deemed made.--The certifications
authorized in subparagraph (B) shall be deemed to have
been made if the Secretary has not acted within 180
days of the date that the duly elected officers of the
Native Hawaiian governing entity have submitted or
resubmitted the organic governing documents of the
Native Hawaiian governing entity to the Secretary.
(3) Federal recognition.--Notwithstanding any other
provision of law, upon the election of the officers of the
Native Hawaiian governing entity and the certifications by the
Secretary required under paragraph (1), the United States
hereby extends Federal recognition to the Native Hawaiian
governing entity as the representative governing body of the
Native Hawaiian people.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be
necessary to carry out the activities authorized in this Act.

SEC. 7. 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 the
indigenous, native people of Hawaii 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 entity by the United States, the United States is
authorized to negotiate and enter into an agreement with the State of
Hawaii and the Native Hawaiian governing entity regarding the transfer
of lands, resources, and assets dedicated to Native Hawaiian use to the
Native Hawaiian governing entity. Nothing in this Act is intended to
serve as a settlement of any claims against the United States.

SEC. 8. APPLICABILITY OF CERTAIN FEDERAL LAWS.

(a) Indian Gaming Regulatory Act.--Nothing contained in this Act
shall be construed as an authorization for the Native Hawaiian
governing entity to conduct gaming activities under the authority of
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(b) Ineligibility for Indian Programs.--Nothing contained in this
Act shall be construed as an authorization for eligibility to
participate in any programs and services provided by the Bureau of
Indian Affairs or the Indian Health Service for any persons not
otherwise eligible for such programs or services.

SEC. 9. ETHICS.

The provisions of section 208(a) of title 18, United States Code,
prohibiting involvement by a Federal Government officer or employee in
particular matters where the officer or employee or his or her spouse
or minor child has a financial interest shall not apply to Native
Hawaiians employed by the United States Office for Native Hawaiian
Relations if the financial interest that would be affected by the
particular matter involved is that resulting solely from the interest
of the officer or employee or his or her spouse or minor child that
results from his or her status as a Native Hawaiian.

SEC. 10. SEVERABILITY.

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

A:
Establishes the U.S. Office for Native Hawaiian Relations (Office) within the Office of the Secretary of the Interior.Recognizes the right of the Native Hawaiian people to adopt organic governing documents. Provides that following the organization and election of a Native Hawaiian government and the adoption of such documents, the duly elected Native Hawaiian government shall submit those documents to the Secretary and to the State of Hawaii for purposes of advising the State that such government has been reorganized. Extends Federal recognition to the Native Hawaiian government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary.Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with Hawaii and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.
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