Ka Wai Ola - Office of Hawaiian Affairs, Volume 5, Number 1, 1 January 1988 — Mai Wakinekona [ARTICLE+ILLUSTRATION]

Mai Wakinekona

By Larry Kamakawiwo'ole Federal Liaison Officer

01der Americans Act Now Law

"Historically, Congress has possessed, and exercised, the authority to enact legislation specifically for the benefit of native Hawaiians. As in the case of Indians and Alaskan Natives, it has, in the case of native Hawaiians, done so because it felt confident that the Government ourDose in

such programs in rationally tied to the U.S. trustobligation to the native Hawaiians." Congressman Daniel K. Akaka's speech before the House of Representatives in support of the adoption of the conference report to accompany H. R. 1451, the Oider Americans Act Amendments of 1987— Nov. 17, 1987. "The trust relationship between the Federal Government and Indian tribes is unique and well defined, and I do not believe it is so broad as to include all the groups that might seek inclusion. I believe that protections for native Hawaiians more appropriately should eome under programs available for the states as has been the consistent practice in the past, or under a new and separate title." Senator Jeff Bingaman of New Mexico in his speech before the Senate in favor of the final Dassaoe of H.R. 1451 — Nov. 12, 1987.

The debate in Congress continues over the issue of whether or not native Hawaiians shou!d be included in Indian statutes, such as Title VI of the 01der Americans Act of 1965. The underlying issue is whether or not native Hawaiians possess a similar relationship with the Federal Government as the Indian tribes do. Nevertheless, President Ronald Reagan approved H.R. 1451, the 01der Americans Act Amendments of 1987 ("Act"), into law Nov. 29, 1987. Hawaii Senator Spark M. Matsunaga, chairman of the Subcommittee on Aging of the Committee on Labor and Human Resources, provided excellent leadership on behalf of the programs for older Americans, as did Senator Daniel K. lnouye, chairman of the Select Committee on Indian Affairs, for native Amenean programs.

A primary objective of the Act is to be more responsive and accountable to America's senior citizens who are in most need of essential health and health-related programs and services. Accordingly, the Act targets the elderly who have the greatest eeonomie and social needs with particular attention to low-ineome minority persons and elderly native Americans. Additionally, the Act aims at fairness, i.e., to provide services to lowineome minority individuals in at least the same proportion as the population of low-ineome minority senior citizens.

Major programs authorized under the Act include: 1. In-home services to the frail elderly that include homemaker and home health aides, visiting and telephone reassurance, chore maintenance, in-home respite care for families, and adult care as a respite serviee for families. The term "frail" means having a physical or mental disability that restricts the ability of an individual to perform normal daily tasks or whieh threatens the capacity of an individual to live independently. 2. Community-based, long-term care services for persons who reside at home, patients in hospitals, and patients in long-term care facilities, but who ean return to their homes if community-based services are provided to them.

3. Long-term care ombudsman program to study the program and its impact upon issues and problems affecting residents of board and care facilities, including recommendations for expanding and improving ombudsman services in those facilities and the effectiveness of recruiting, supervising, and retaining volunteer ombudsmen. Additionally, state plans include longterm ombudsmen programs. 4. Periodic preventive health services with preference to areas whieh are medically underserved and have a large number of elderly persons with the greatest eeonomie need for those services. 5. State programs to prevent abuse, neglect, and exploitation of senior citizens. Programs include public education and outreach services to identify and prevent abuse of older individuals, receipt of reports of abuse and referral of those individuals to social service agencies or other sources of assistance. 6. Other important programs include outreach services to social security ineome, medicaid, and food stamp recipients, demonstration grants for

individuals with disabilities, and consumer protection demonstration projects for services provided in the home. In addition to the above-stated programs and services that benefit Hawaiian senior citizens, there are other programs and services that benefit Hawaiians, regardless of age, as well as the elderly.

1. Establishment in the Administration on Aging an Office For American Indian, Alaskan Native, and Native Hawaiian Programs. The Commissioner on Aging shall appoint an associate commissioner to head the office. Besides administrative responsibilities, the Associate Commissioner is an advocate in behalf of older Native Americans within the Department of Health and Human Services and with other departments and agencies of the Federal Government regarding all Federal policies affecting older Americans. 2. Title VI Native Hawaiian Program. The pur pose of this program is to provide supportive and nutrition services to older Native Hawaiians. The organizations that provide these services shall coordinate their activities with the State agency on aging.

3. Revolving Loan Fund For Native Hawaiians. A State agency or community-based Native Hawaiian organization shall receive grants from the Secretary of Health and Human Services to establish and carry out a 5-year demonstration project involving the establishment of a revolving loan fund. The purpose of the 5-year (1988 through and including 1992) $3 million project is to promote eeonomie development. Native Hawaiian organizations and Hawaiian individuals may apply for loans from the State agency or community-based Native Hawaiian organization chosen by the Secretary of Health and Human Services.

4. litle V Native Amenean Programs — Panel Review of Applications For Assistance. The Secretary of Health and Human Services shall give preferenee to American Indians, Native Hawaiians, and Alaskan Natives to be members of review panels to evaluate applications for financial assistance under the Native American Programs Act of 1974.

Finally, programs and services of interest to Hawaiians include: 1. Inclusion of other Native American Pacific Islanders in the Native American Programs Act of 1974. The purpose of this program is to provide finaneial assistance, subject to availability of funds, to public and nonprofit private agencies serving Native American Pacific Islanders (including Amenean Samoan Natives). Funds authorized to be appropriated is $500,000 for eaeh year 1988 through and including 1991. 2. Employment Services to 01der Pacific Island and Asian Americans. The Secretary of Health and Human Services shall award grants or contracts to national public or nonprofit Pacific Island and Asian Amenean aging organizations with the purpose of providing employment services to older Pacific Island and Asian Americans. 3. Services to 01der Indians — Title VI Programs For Native Americans. The purpose of this program is to provide supportive services and nutrition services to older American Indians.

In conclusion, note that the Act reauthorizes the Otder Americans Act of 1965 and the Native Americans Programs Act of 1974 for the fiscal years 1988 through and including 1991. And the Title VI Native Hawaiian Program previously stated has a condition placed on its $5,603,000 four-year budget, i.e., the amount authorized to be appropriated for a fiscal year under Title VI of the Act must exceed the amount appropriated for Title VI in fiscal year 1987; otherwise, the Native Hawaiian Program shall not be funded. Under the Act, funds for Title VI include programs for American Indians, Alaskan Natives, and Native Hawaiians.

To All Hawaiians! Fill Up Aioha Stadium January 23