II

106TH CONGRESS

1ST SESSION S. 1767

To amend the Elementary and Secondary Education Act of 1965 to improve

Native Hawaiian education programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 21, 1999

Mr. INOUYE (for himself and Mr. AKAKA) introduced the following bill; which

was read twice and referred to the Committee on Health, Education,

Labor, and Pensions

A BILL

To amend the Elementary and Secondary Education Act

of 1965 to improve Native Hawaiian education programs,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Native Hawaiian Edu5 cation Reauthorization Act’’.

6 SEC. 2. NATIVE HAWAIIAN EDUCATION.

7 Part B of title IX of the Elementary and Secondary

8 Education Act of 1965 (20 U.S.C. 7901 et seq.) is amend9 ed to read as follows:
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1 ‘‘PART B—NATIVE HAWAIIAN EDUCATION

2 ‘‘SEC. 9201. SHORT TITLE.

3 ‘‘This part may be cited as the ‘Native Hawaiian

4 Education Act’.

5 ‘‘SEC. 9202. FINDINGS.

6 ‘‘Congress finds the following:

7 ‘‘(1) Native Hawaiians are a distinct and

8 unique indigenous people with a historical continuity

9 to the original inhabitants of the Hawaiian archi10 pelago, whose society was organized as a nation and

11 internationally recognized as a nation by the United

12 States, Britain, France, and Japan, as evidenced by

13 treaties governing friendship, commerce, and naviga14 tion.

15 ‘‘(2) At the time of the arrival of the first non16 indigenous people in Hawai‘i in 1778, the Native

17 Hawaiian people lived in a highly organized, self-suf18 ficient subsistence social system based on a com19 munal land tenure system with a sophisticated lan20 guage, culture, and religion.

21 ‘‘(3) A unified monarchal government of the

22 Hawaiian Islands was established in 1810 under Ka23 mehameha I, the first King of Hawai‘i.

24 ‘‘(4) From 1826 until 1893, the United States

25 recognized the sovereignty and independence of the

26 Kingdom of Hawai‘i, which was established in 1810
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1 under Kamehameha I, extended full and complete

2 diplomatic recognition to the Kingdom of Hawai‘i,

3 and entered into treaties and conventions with the

4 Kingdom of Hawai‘i to govern friendship, commerce

5 and navigation in 1826, 1842, 1849, 1875, and

6 1887.

7 ‘‘(5) In 1893, the sovereign, independent, inter8 nationally recognized, and indigenous government of

9 Hawai‘i, the Kingdom of Hawai‘i, was overthrown

10 by a small group of non-Hawaiians, including United

11 States citizens, who were assisted in their efforts by

12 the United States Minister, a United States naval

13 representative, and armed naval forces of the United

14 States. Because of the participation of United States

15 agents and citizens in the overthrow of the Kingdom

16 of Hawai‘i, in 1993 the United States apologized to

17 Native Hawaiians for the overthrow and the depriva18 tion of the rights of Native Hawaiians to self-deter19 mination through Public Law 103–150 (107 Stat.

20 1510).

21 ‘‘(6) In 1898, the joint resolution entitled ‘Joint

22 Resolution to provide for annexing the Hawaiian Is23 lands to the United States’, approved July 7, 1898

24 (30 Stat. 750), ceded absolute title of all lands held

25 by the Republic of Hawai‘i, including the govern-
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1 ment and crown lands of the former Kingdom of

2 Hawai‘i, to the United States, but mandated that

3 revenue generated from the lands be used ‘solely for

4 the benefit of the inhabitants of the Hawaiian Is5 lands for educational and other public purposes’.

6 ‘‘(7) By 1919, the Native Hawaiian population

7 had declined from an estimated 1,000,000 in 1778

8 to an alarming 22,600, and in recognition of this se9 vere decline, Congress enacted the Hawaiian Homes

10 Commission Act, 1920 (42 Stat. 108), which des11 ignated approximately 200,000 acres of ceded public

12 lands for homesteading by Native Hawaiians.

13 ‘‘(8) Through the enactment of the Hawaiian

14 Homes Commission Act, 1920, Congress affirmed

15 the special relationship between the United States

16 and the Native Hawaiians, which was described by

17 then Secretary of the Interior Franklin K. Lane,

18 who said: ‘One thing that impressed me . . . was the

19 fact that the natives of the island who are our

20 wards, I should say, and for whom in a sense we are

21 trustees, are falling off rapidly in numbers and

22 many of them are in poverty.’.

23 ‘‘(9) In 1938, Congress again acknowledged the

24 unique status of the Hawaiian people by including in

25 the Act of June 20, 1938 (52 Stat. 781, chapter
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1 530; 16 U.S.C. 391b, 391b–1, 392b, 392c, 396,

2 396a), a provision to lease lands within the National

3 Parks extension to Native Hawaiians and to permit

4 fishing in the area ‘only by native Hawaiian resi5 dents of said area or of adjacent villages and by visi6 tors under their guidance.’.

7 ‘‘(10) Under the Act entitled ‘An Act to provide

8 for the admission of the State of Hawaii into the

9 Union’, approved March 18, 1959 (73 Stat. 4), the

10 United States transferred responsibility for the ad11 ministration of the Hawaiian Home Lands to the

12 State of Hawai‘i but reaffirmed the trust relation13 ship between the United States and the Hawaiian

14 people by retaining the exclusive power to enforce

15 the trust, including the power to approve land ex16 changes and amendments to such Act affecting the

17 rights of beneficiaries under such Act.

18 ‘‘(11) In 1959, under the Act entitled ‘An Act

19 to provide for the admission of the State of Hawaii

20 into the Union’, the United States also ceded to the

21 State of Hawai‘i title to the public lands formerly

22 held by the United States, but mandated that such

23 lands be held by the State ‘in public trust’ and re24 affirmed the special relationship that existed be25 tween the United States and the Hawaiian people by
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1 retaining the legal responsibility to enforce the pub2 lic trust responsibility of the State of Hawai‘i for

3 the betterment of the conditions of Native Hawai4 ians, as defined in section 201(a) of the Hawaiian

5 Homes Commission Act, 1920.

6 ‘‘(12) The United States has recognized and re7 affirmed that—

8 ‘‘(A) Native Hawaiians have a cultural,

9 historic, and land-based link to the indigenous

10 people who exercised sovereignty over the Ha11 waiian Islands, and that group has never relin12 quished its claims to sovereignty or its sov13 ereign lands;

14 ‘‘(B) Congress does not extend services to

15 Native Hawaiians because of their race, but be16 cause of their unique status as the indigenous

17 people of a once sovereign nation as to whom

18 the United States has established a trust rela19 tionship;

20 ‘‘(C) Congress has also delegated broad

21 authority to administer a portion of the Federal

22 trust responsibility to the State of Hawaii;

23 ‘‘(D) the political status of Native Hawai24 ians is comparable to that of American Indians

25 and Alaska Natives; and
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1 ‘‘(E) the aboriginal, indigenous people of

2 the United States have—

3 ‘‘(i) a continuing right to autonomy in

4 their internal affairs; and

5 ‘‘(ii) an ongoing right of self-deter6 mination and self-governance that has

7 never been extinguished.

8 ‘‘(13) The political relationship between the

9 United States and the Native Hawaiian people has

10 been recognized and reaffirmed by the United

11 States, as evidenced by the inclusion of Native Ha12 waiians in—

13 ‘‘(A) the Native American Programs Act of

14 1974 (42 U.S.C. 2991 et seq.);

15 ‘‘(B) the American Indian Religious Free16 dom Act (42 U.S.C. 1996);

17 ‘‘(C) the National Museum of the Amer18 ican Indian Act (20 U.S.C. 80q et seq.);

19 ‘‘(D) the Native American Graves Protec20 tion and Repatriation Act (25 U.S.C. 3001 et

21 seq.);

22 ‘‘(E) the National Historic Preservation

23 Act (16 U.S.C. 470 et seq.);

24 ‘‘(F) the Native American Languages Act

25 (25 U.S.C. 2901 et seq.);
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1 ‘‘(G) the American Indian, Alaska Native,

2 and Native Hawaiian Culture and Art Develop3 ment Act (20 U.S.C. 4401 et seq.);

4 ‘‘(H) the Job Training Partnership Act

5 (29 U.S.C. 1501 et seq.) and the Workforce In6 vestment Act of 1998 (29 U.S.C. 2801 et seq.);

7 and

8 ‘‘(I) the Older Americans Act of 1965 (42

9 U.S.C. 3001 et seq.).

10 ‘‘(14) In 1981, Congress instructed the Office

11 of Education to submit to Congress a comprehensive

12 report on Native Hawaiian education. The report,

13 entitled the ‘Native Hawaiian Educational Assess14 ment Project’, was released in 1983 and documented

15 that Native Hawaiians scored below parity with re16 gard to national norms on standardized achievement

17 tests, were disproportionately represented in many

18 negative social and physical statistics indicative of

19 special educational needs, and had educational needs

20 that were related to their unique cultural situation,

21 such as different learning styles and low self-image.

22 ‘‘(15) In recognition of the educational needs of

23 Native Hawaiians, in 1988, Congress enacted title

24 IV of the Augustus F. Hawkins-Robert T. Stafford

25 Elementary and Secondary School Improvement
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1 Amendments of 1988 (102 Stat. 130) to authorize

2 and develop supplemental educational programs to

3 address the unique conditions of Native Hawaiians.

4 ‘‘(16) In 1993, the Kamehameha Schools

5 Bishop Estate released a 10-year update of findings

6 of the Native Hawaiian Educational Assessment

7 Project, which found that despite the successes of

8 the programs established under title IV of the Au9 gustus F. Hawkins-Robert T. Stafford Elementary

10 and Secondary School Improvement Amendments of

11 1988, many of the same educational needs still ex12 isted for Native Hawaiians. Subsequent reports by

13 the Kamehameha Schools Bishop Estate and other

14 organizations have generally confirmed those find15 ings. For example—

16 ‘‘(A) educational risk factors continue to

17 start even before birth for many Native Hawai18 ian children, including—

19 ‘‘(i) late or no prenatal care;

20 ‘‘(ii) high rates of births by Native

21 Hawaiian women who are unmarried; and

22 ‘‘(iii) high rates of births to teenage

23 parents;

24 ‘‘(B) Native Hawaiian students continue to

25 begin their school experience lagging behind
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1 other students in terms of readiness factors

2 such as vocabulary test scores;

3 ‘‘(C) Native Hawaiian students continue to

4 score below national norms on standardized

5 education achievement tests at all grade levels;

6 ‘‘(D) both public and private schools con7 tinue to show a pattern of lower percentages of

8 Native Hawaiian students in the uppermost

9 achievement levels and in gifted and talented

10 programs;

11 ‘‘(E) Native Hawaiian students continue to

12 be overrepresented among students qualifying

13 for special education programs provided to stu14 dents with learning disabilities, mild mental re15 tardation, emotional impairment, and other

16 such disabilities;

17 ‘‘(F) Native Hawaiians continue to be

18 underrepresented in institutions of higher edu19 cation and among adults who have completed 4

20 or more years of college;

21 ‘‘(G) Native Hawaiians continue to be dis22 proportionately represented in many negative

23 social and physical statistics indicative of spe24 cial educational needs, as demonstrated by the

25 fact that—
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1 ‘‘(i) Native Hawaiian students are

2 more likely to be retained in grade level

3 and to be excessively absent in secondary

4 school;

5 ‘‘(ii) Native Hawaiian students have

6 the highest rates of drug and alcohol use

7 in the State of Hawai‘i; and

8 ‘‘(iii) Native Hawaiian children con9 tinue to be disproportionately victimized by

10 child abuse and neglect; and

11 ‘‘(H) Native Hawaiians now comprise over

12 23 percent of the students served by the State

13 of Hawai‘i Department of Education, and there

14 are and will continue to be geographically rural,

15 isolated areas with a high Native Hawaiian

16 population density.

17 ‘‘(17) In the 1998 National Assessment of Edu18 cational Progress, Hawaiian fourth-graders ranked

19 39th among groups of students from 39 States in

20 reading. Given that Hawaiian students rank among

21 the lowest groups of students nationally in reading,

22 and that Native Hawaiian students rank the lowest

23 among Hawaiian students in reading, it is impera24 tive that greater focus be placed on beginning read25 ing and early education and literacy in Hawai‘i.
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1 ‘‘(18) The findings described in paragraphs

2 (16) and (17) are inconsistent with the high rates of

3 literacy and integration of traditional culture and

4 Western education historically achieved by Native

5 Hawaiians through a Hawaiian language-based pub6 lic school system established in 1840 by Kameha7 meha III.

8 ‘‘(19) Following the overthrow of the Kingdom

9 of Hawai‘i in 1893, Hawaiian medium schools were

10 banned. After annexation, throughout the territorial

11 and statehood period of Hawai‘i, and until 1986, use

12 of the Hawaiian language as an instructional me13 dium in education in public schools was declared un14 lawful. The declaration caused incalculable harm to

15 a culture that placed a very high value on the power

16 of language, as exemplified in the traditional saying:

‘I ka ‘o ̄lelo no ̄ ke ola; I ka ‘o ̄lelo no ̄ 17 ka make. In the

18 language rests life; In the language rests death.’.

19 ‘‘(20) Despite the consequences of over 100

20 years of nonindigenous influence, the Native Hawai21 ian people are determined to preserve, develop, and

22 transmit to future generations their ancestral terri23 tory and their cultural identity in accordance with

24 their own spiritual and traditional beliefs, customs,

25 practices, language, and social institutions.
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1 ‘‘(21) The State of Hawai‘i, in the constitution

2 and statutes of the State of Hawai‘i—

3 ‘‘(A) reaffirms and protects the unique

4 right of the Native Hawaiian people to practice

5 and perpetuate their culture and religious cus6 toms, beliefs, practices, and language; and

7 ‘‘(B) recognizes the traditional language of

8 the Native Hawaiian people as an official lan9 guage of the State of Hawai‘i, which may be

10 used as the language of instruction for all sub11 jects and grades in the public school system.

12 ‘‘SEC. 9203. PURPOSES.

13 ‘‘The purposes of this part are to—

14 ‘‘(1) authorize and develop innovative edu15 cational programs to assist Native Hawaiians in

16 reaching the National Education Goals;

17 ‘‘(2) provide direction and guidance to appro18 priate Federal, State, and local agencies to focus re19 sources, including resources made available under

20 this part, on Native Hawaiian education, and to pro21 vide periodic assessment and data collection;

22 ‘‘(3) supplement and expand programs and au23 thorities in the area of education to further the pur24 poses of this title; and
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1 ‘‘(4) encourage the maximum participation of

2 Native Hawaiians in planning and management of

3 Native Hawaiian education programs.

4 ‘‘SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND

5 ISLAND COUNCILS.

6 ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDU7 CATION COUNCIL.—In order to better effectuate the pur8 poses of this part through the coordination of educational

9 and related services and programs available to Native Ha10 waiians, including those programs receiving funding under

11 this part, the Secretary is authorized to establish a Native

12 Hawaiian Education Council (referred to in this part as

13 the ‘Education Council’).

14 ‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The

15 Education Council shall consist of not more than 21 mem16 bers, unless otherwise determined by a majority of the

17 council.

18 ‘‘(c) CONDITIONS AND TERMS.—

19 ‘‘(1) CONDITIONS.—At least 10 members of the

20 Education Council shall be Native Hawaiian edu21 cation service providers and 10 members of the Edu22 cation Council shall be Native Hawaiians or Native

23 Hawaiian education consumers. In addition, a rep24 resentative of the State of Hawai‘i Office of Hawai-
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1 ian Affairs shall serve as a member of the Education

2 Council.

3 ‘‘(2) APPOINTMENTS.—The members of the

4 Education Council shall be appointed by the Sec5 retary based on recommendations received from the

6 Native Hawaiian community.

7 ‘‘(3) TERMS.—Members of the Education

8 Council shall serve for staggered terms of 3 years,

9 except as provided in paragraph (4).

10 ‘‘(4) COUNCIL DETERMINATIONS.—Additional

11 conditions and terms relating to membership on the

12 Education Council, including term lengths and term

13 renewals, shall be determined by a majority of the

14 Education Council.

15 ‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL

16 GRANT.—The Secretary shall make a direct grant to the

17 Education Council in order to enable the Education Coun18 cil to—

19 ‘‘(1) coordinate the educational and related

20 services and programs available to Native Hawai21 ians, including the programs assisted under this

22 part;

23 ‘‘(2) assess the extent to which such services

24 and programs meet the needs of Native Hawaiians,
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1 and collect data on the status of Native Hawaiian

2 education;

3 ‘‘(3) provide direction and guidance, through

4 the issuance of reports and recommendations, to ap5 propriate Federal, State, and local agencies in order

6 to focus and improve the use of resources, including

7 resources made available under this part, relating to

8 Native Hawaiian education, and serve, where appro9 priate, in an advisory capacity; and

10 ‘‘(4) make direct grants, if such grants enable

11 the Education Council to carry out the duties of the

12 Education Council, as described in paragraphs (1)

13 through (3).

14 ‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION

15 COUNCIL.—

16 ‘‘(1) IN GENERAL.—The Education Council

17 shall provide copies of any reports and recommenda18 tions issued by the Education Council, including any

19 information that the Education Council provides to

20 the Secretary pursuant to subsection (i), to the Sec21 retary, the Committee on Education and the Work22 force of the House of Representatives, and the Com23 mittee on Indian Affairs of the Senate.
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1 ‘‘(2) ANNUAL REPORT.—The Education Council

2 shall prepare and submit to the Secretary an annual

3 report on the Education Council’s activities.

4 ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST5 ANCE.—The Education Council shall provide such

6 administrative support and financial assistance to

7 the island councils established pursuant to sub8 section (f) as the Secretary determines to be appro9 priate, in a manner that supports the distinct needs

10 of each island council.

11 ‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

12 ‘‘(1) IN GENERAL.—In order to better effec13 tuate the purposes of this part and to ensure the

14 adequate representation of island and community in15 terests within the Education Council, the Secretary

16 is authorized to facilitate the establishment of Na17 tive Hawaiian education island councils (referred to

18 individually in this part as an ‘island council’) for

19 the following islands:

20 ‘‘(A) Hawai‘i.

21 ‘‘(B) Maui.

22 ‘‘(C) Moloka‘i.

23 ‘‘(D) Lana‘i.

24 ‘‘(E) O‘ahu.

25 ‘‘(F) Kaua‘i.
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1 ‘‘(G) Ni‘ihau.

2 ‘‘(2) COMPOSITION OF ISLAND COUNCILS.—

3 Each island council shall consist of parents, stu4 dents, and other community members who have an

5 interest in the education of Native Hawaiians, and

6 shall be representative of individuals concerned with

7 the educational needs of all age groups, from children in preschool through adults. At least 3 8 ⁄4 of the

9 members of each island council shall be Native Ha10 waiians.

11 ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO

12 EDUCATION COUNCIL AND ISLAND COUNCILS.—The Edu13 cation Council and each island council shall meet at the

14 call of the chairperson of the appropriate council, or upon

15 the request of the majority of the members of the appro16 priate council, but in any event not less often than 4 times

17 during each calendar year. The provisions of the Federal

18 Advisory Committee Act shall not apply to the Education

19 Council and each island council.

20 ‘‘(h) COMPENSATION.—Members of the Education

21 Council and each island council shall not receive any com22 pensation for service on the Education Council and each

23 island council, respectively.

24 ‘‘(i) REPORT.—Not later than 4 years after the date

25 of enactment of the Native Hawaiian Education Reauthor-
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1 ization Act, the Secretary shall prepare and submit to the

2 Committee on Education and the Workforce of the House

3 of Representatives and the Committee on Indian Affairs

4 of the Senate a report that summarizes the annual reports

5 of the Education Council, describes the allocation and use

6 of funds under this part, and contains recommendations

7 for changes in Federal, State, and local policy to advance

8 the purposes of this part.

9 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out this section

11 $300,000 for fiscal year 2001 and such sums as may be

12 necessary for each of the 4 succeeding fiscal years. Funds

13 appropriated under this subsection shall remain available

14 until expended.

15 ‘‘SEC. 9205. PROGRAM AUTHORIZED.

16 ‘‘(a) GENERAL AUTHORITY.—

17 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary

18 is authorized to make direct grants to, or enter into

19 contracts with—

20 ‘‘(A) Native Hawaiian educational organi21 zations;

22 ‘‘(B) Native Hawaiian community-based

23 organizations;

24 ‘‘(C) public and private nonprofit organiza25 tions, agencies, and institutions with experience
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1 in developing or operating Native Hawaiian

2 programs or programs of instruction in the Na3 tive Hawaiian language; and

4 ‘‘(D) consortia of the organizations, agen5 cies, and institutions described in subpara6 graphs (A) through (C),

7 to carry out programs that meet the purposes of this

8 part.

9 ‘‘(2) PRIORITIES.—In awarding grants or con10 tracts to carry out activities described in paragraph

11 (3), the Secretary shall give priority to entities pro12 posing projects that are designed to address—

13 ‘‘(A) beginning reading and literacy among

14 students in kindergarten through third grade;

15 ‘‘(B) the needs of at-risk youth;

16 ‘‘(C) needs in fields or disciplines in which

17 Native Hawaiians are underemployed; and

18 ‘‘(D) the use of the Hawaiian language in

19 instruction.

20 ‘‘(3) PERMISSIBLE ACTIVITIES.—Activities pro21 vided through programs carried out under this part

22 may include—

23 ‘‘(A) the development and maintenance of

24 a statewide Native Hawaiian early education

25 and care system to provide a continuum of serv-
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1 ices for Native Hawaiian children from the pre2 natal period of the children through age 5;

3 ‘‘(B) the operation of family-based edu4 cation centers that provide such services as—

5 ‘‘(i) programs for Native Hawaiian

6 parents and their infants from the prenatal

7 period of the infants through age 3;

8 ‘‘(ii) preschool programs for Native

9 Hawaiians; and

10 ‘‘(iii) research on, and development

11 and assessment of, family-based, early

12 childhood, and preschool programs for Na13 tive Hawaiians;

14 ‘‘(C) activities that enhance beginning

15 reading and literacy among Native Hawaiian

16 students in kindergarten through third grade;

17 ‘‘(D) activities to meet the special needs of

18 Native Hawaiian students with disabilities,

19 including—

20 ‘‘(i) the identification of such students

21 and their needs;

22 ‘‘(ii) the provision of support services

23 to the families of those students; and
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1 ‘‘(iii) other activities consistent with

2 the requirements of the Individuals with

3 Disabilities Education Act;

4 ‘‘(E) activities that address the special

5 needs of Native Hawaiian students who are

6 gifted and talented, including—

7 ‘‘(i) educational, psychological, and

8 developmental activities designed to assist

9 in the educational progress of those stu10 dents; and

11 ‘‘(ii) activities that involve the parents

12 of those students in a manner designed to

13 assist in the students’ educational

14 progress;

15 ‘‘(F) the development of academic and vo16 cational curricula to address the needs of Na17 tive Hawaiian children and adults, including

18 curriculum materials in the Hawaiian language

19 and mathematics and science curricula that in20 corporate Native Hawaiian tradition and cul21 ture;

22 ‘‘(G) professional development activities for

23 educators, including—

24 ‘‘(i) the development of programs to

25 prepare prospective teachers to address the
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1 unique needs of Native Hawaiian students

2 within the context of Native Hawaiian cul3 ture, language, and traditions;

4 ‘‘(ii) in-service programs to improve

5 the ability of teachers who teach in schools

6 with concentrations of Native Hawaiian

7 students to meet those students’ unique

8 needs; and

9 ‘‘(iii) the recruitment and preparation

10 of Native Hawaiians, and other individuals

11 who live in communities with a high con12 centration of Native Hawaiians, to become

13 teachers;

14 ‘‘(H) the operation of community-based

15 learning centers that address the needs of Na16 tive Hawaiian families and communities

17 through the coordination of public and private

18 programs and services, including—

19 ‘‘(i) preschool programs;

20 ‘‘(ii) after-school programs; and

21 ‘‘(iii) vocational and adult education

22 programs;

23 ‘‘(I) activities to enable Native Hawaiians

24 to enter and complete programs of postsec25 ondary education, including—
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1 ‘‘(i) provision of full or partial schol2 arships for undergraduate or graduate

3 study that are awarded to students based

4 on their academic promise and financial

5 need, with a priority, at the graduate level,

6 given to students entering professions in

7 which Native Hawaiians are underrep8 resented;

9 ‘‘(ii) family literacy services;

10 ‘‘(iii) counseling and support services

11 for students receiving scholarship assist12 ance;

13 ‘‘(iv) counseling and guidance for Na14 tive Hawaiian secondary students who have

15 the potential to receive scholarships; and

16 ‘‘(v) faculty development activities de17 signed to promote the matriculation of Na18 tive Hawaiian students;

19 ‘‘(J) research and data collection activities

20 to determine the educational status and needs

21 of Native Hawaiian children and adults;

22 ‘‘(K) other research and evaluation activi23 ties related to programs carried out under this

24 part; and
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1 ‘‘(L) other activities, consistent with the

2 purposes of this part, to meet the educational

3 needs of Native Hawaiian children and adults.

4 ‘‘(4) SPECIAL RULE AND CONDITIONS.—

5 ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—

6 The Secretary shall not establish a policy under

7 this section that prevents a Native Hawaiian

8 student enrolled at a 2- or 4-year degree grant9 ing institution of higher education outside of

10 the State of Hawai‘i from receiving a fellowship

11 pursuant to paragraph (3)(I).

12 ‘‘(B) FELLOWSHIP CONDITIONS.—The

13 Secretary shall establish conditions for receipt

14 of a fellowship awarded under paragraph (3)(I).

15 The conditions shall require that an individual

16 seeking such a fellowship enter into a contract

17 to provide professional services, either during

18 the fellowship period or upon completion of a

19 program of postsecondary education, to the Na20 tive Hawaiian community.

21 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5

22 percent of funds provided to a grant recipient under this

23 section for any fiscal year may be used for administrative

24 purposes.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $20,000,000 for fiscal year 2001 and such sums as may

4 be necessary for each of the 4 succeeding fiscal years.

5 ‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS.

6 ‘‘(a) APPLICATION REQUIRED.—No grant may be

7 made under this part, and no contract may be entered into

8 under this part, unless the entity seeking the grant or con9 tract submits an application to the Secretary at such time,

10 in such manner, and containing such information as the

11 Secretary may determine to be necessary to carry out the

12 provisions of this part.

13 ‘‘(b) SPECIAL RULE.—Each applicant for a grant or

14 contract under this part shall submit the application for

15 comment to the local educational agency serving students

16 who will participate in the program to be carried out under

17 the grant or contract, and include those comments, if any,

18 with the application to the Secretary.

19 ‘‘SEC. 9207. DEFINITIONS.

20 ‘‘In this part:

21 ‘‘(1) NATIVE HAWAIIAN.—The term ‘Native

22 Hawaiian’ means any individual who is—

23 ‘‘(A) a citizen of the United States; and

24 ‘‘(B) a descendant of the aboriginal people

25 who, prior to 1778, occupied and exercised sov-
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1 ereignty in the area that now comprises the

2 State of Hawai‘i, as evidenced by—

3 ‘‘(i) genealogical records;

4 ‘‘(ii) Kupuna (elders) or Kama‘aina

5 (long-term community residents)

6 verification; or

7 ‘‘(iii) certified birth records.

8 ‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED OR9 GANIZATION.—The term ‘Native Hawaiian commu10 nity-based organization’ means any organization

11 that is composed primarily of Native Hawaiians

12 from a specific community and that assists in the

13 social, cultural, and educational development of Na14 tive Hawaiians in that community.

15 ‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANI16 ZATION.—The term ‘Native Hawaiian educational

17 organization’ means a private nonprofit organization

18 that—

19 ‘‘(A) serves the interests of Native Hawai20 ians;

21 ‘‘(B) has Native Hawaiians in substantive

22 and policymaking positions within the organiza23 tion;
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1 ‘‘(C) incorporates Native Hawaiian per2 spective, values, language, culture, and tradi3 tions into the core function of the organization;

4 ‘‘(D) has demonstrated expertise in the

5 education of Native Hawaiian youth; and

6 ‘‘(E) has demonstrated expertise in re7 search and program development.

8 ‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The term

9 ‘Native Hawaiian language’ means the single Native

10 American language indigenous to the original inhab11 itants of the State of Hawai‘i.

12 ‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The

13 term ‘Native Hawaiian organization’ means a pri14 vate nonprofit organization that—

15 ‘‘(A) serves the interests of Native Hawai16 ians;

17 ‘‘(B) has Native Hawaiians in substantive

18 and policymaking positions within the organiza19 tions; and

20 ‘‘(C) is recognized by the Governor of

21 Hawai‘i for the purpose of planning, con22 ducting, or administering programs (or portions

23 of programs) for the benefit of Native Hawai24 ians.
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•S 1767 IS

1 ‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The

2 term ‘Office of Hawaiian Affairs’ means the office of

3 Hawaiian Affairs established by the Constitution of

4 the State of Hawai‘i.’’.

5 SEC. 3. CONFORMING AMENDMENTS.

6 (a) HIGHER EDUCATION ACT OF 1965.—Section

7 317(b)(3) of the Higher Education Act of 1965 (20

8 U.S.C. 1059d(b)(3)) is amended by striking ‘‘section

9 9212’’ and inserting ‘‘section 9207’’.

10 (b) PUBLIC LAW 88–210.—Section 116 of Public

11 Law 88–210 (as added by section 1 of Public Law 105–

12 332 (112 Stat. 3076)) is amended by striking ‘‘section

13 9212 of the Native Hawaiian Education Act (20 U.S.C.

14 7912)’’ and inserting ‘‘section 9207 of the Native Hawai15 ian Education Act’’.

16 (c) MUSEUM AND LIBRARY SERVICES ACT.—Section

17 261 of the Museum and Library Services Act (20 U.S.C.

18 9161) is amended by striking ‘‘section 9212 of the Native

19 Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting

20 ‘‘section 9207 of the Native Hawaiian Education Act’’.

21 (d) NATIVE AMERICAN LANGUAGES ACT.—Section

22 103(3) of the Native American Languages Act (25 U.S.C.

23 2902(3)) is amended by striking ‘‘section 9212(1) of the

24 Elementary and Secondary Education Act of 1965 (20
30

•S 1767 IS

1 U.S.C. 7912(1))’’ and inserting ‘‘section 9207 of the Ele2 mentary and Secondary Education Act of 1965’’.

3 (e) WORKFORCE INVESTMENT ACT OF 1998.—Sec4 tion 166(b)(3) of the Workforce Investment Act of 1998

5 (29 U.S.C. 2911(b)(3)) is amended by striking ‘‘para6 graphs (1) and (3), respectively, of section 9212 of the

7 Native Hawaiian Education Act (20 U.S.C. 7912)’’ and

8 inserting ‘‘section 9207 of the Native Hawaiian Education

9 Act’’.

10 (f) ASSETS FOR INDEPENDENCE ACT.—Section

11 404(11) of the Assets for Independence Act (42 U.S.C.

12 604 note) is amended by striking ‘‘section 9212 of the Na13 tive Hawaiian Education Act (20 U.S.C. 7912)’’ and in14 serting ‘‘section 9207 of the Native Hawaiian Education

15 Act’’.

Æ