I

107TH CONGRESS

1ST SESSION H. R. 1250

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

Native Hawaiian education programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

Mrs. MINK of Hawaii (for herself and Mr. ABERCROMBIE) introduced the following bill; which was referred to the Committee on Education and the

Workforce

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 Hawaii in 1778, the Native Ha17 waiian people lived in a highly organized, self-suffi18 cient subsistence social system based on a communal

19 land tenure system with a sophisticated language,

20 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 Hawaii.

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

25 recognized the sovereignty and independence of the

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

2 diplomatic recognition to the Kingdom of Hawaii,

3 and entered into treaties and conventions with the

4 Kingdom of Hawaii 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 Hawaii, the Kingdom of Hawaii, was overthrown by

10 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 Hawaii, 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 Hawaii, including the government
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1 and crown lands of the former Kingdom of Hawaii,

2 to the United States, but mandated that revenue

3 generated from the lands be used ‘solely for the ben4 efit of the inhabitants of the Hawaiian Islands for

5 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 Hawaii but reaffirmed the trust relationship

13 between the United States and the Hawaiian people

14 by retaining the exclusive power to enforce the trust,

15 including the power to approve land exchanges and

16 amendments to such Act affecting the rights of

17 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 Hawaii 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 Hawaii for the

3 betterment of the conditions of Native Hawaiians, as

4 defined in section 201(a) of the Hawaiian Homes

5 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 Workforce Investment Act of

5 1998 (29 U.S.C. 2801 et seq.); and

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

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

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

9 of Education to submit to Congress a comprehensive

10 report on Native Hawaiian education. The report,

11 entitled the ‘Native Hawaiian Educational Assess12 ment Project’, was released in 1983 and documented

13 that Native Hawaiians scored below parity with re14 gard to national norms on standardized achievement

15 tests, were disproportionately represented in many

16 negative social and physical statistics indicative of

17 special educational needs, and had educational needs

18 that were related to their unique cultural situation,

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

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

21 Native Hawaiians, in 1988, Congress enacted title

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

23 Elementary and Secondary School Improvement

24 Amendments of 1988 (102 Stat. 130) to authorize
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1 and develop supplemental educational programs to

2 address the unique conditions of Native Hawaiians.

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

4 Bishop Estate released a 10-year update of findings

5 of the Native Hawaiian Educational Assessment

6 Project, which found that despite the successes of

7 the programs established under title IV of the Au8 gustus F. Hawkins-Robert T. Stafford Elementary

9 and Secondary School Improvement Amendments of

10 1988, many of the same educational needs still ex11 isted for Native Hawaiians. Subsequent reports by

12 the Kamehameha Schools Bishop Estate and other

13 organizations have generally confirmed those find14 ings. For example—

15 ‘‘(A) educational risk factors continue to

16 start even before birth for many Native Hawai17 ian children, including—

18 ‘‘(i) late or no prenatal care;

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

20 Hawaiian women who are unmarried; and

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

22 parents;

23 ‘‘(B) Native Hawaiian students continue to

24 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 Hawaii; 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 Hawaii 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 Hawaii.
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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 Hawaii in 1893, Hawaiian medium schools were

10 banned. After annexation, throughout the territorial

11 and statehood period of Hawaii, 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:

17 ‘I ka ‘o ̄lelo no ̄ ke ola; I ka ‘o ̄lelo no ̄ 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 Hawaii, in the constitution

2 and statutes of the State of Hawaii—

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;

7 ‘‘(B) recognizes the traditional language of

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

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

12 and

13 ‘‘(C) promotes the study of the Hawaiian

14 culture, language, and history by providing a

15 Hawaiian education program and using commu16 nity expertise as a suitable and essential means

17 to further the program.

18 ‘‘SEC. 9203. PURPOSES.

19 ‘‘The purposes of this part are to—

20 ‘‘(1) authorize and develop innovative edu21 cational programs to assist Native Hawaiians;

22 ‘‘(2) provide direction and guidance to appro23 priate Federal, State, and local agencies to focus re24 sources, including resources made available under
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1 this part, on Native Hawaiian education, and to pro2 vide periodic assessment and data collection;

3 ‘‘(3) supplement and expand programs and au4 thorities in the area of education to further the pur5 poses of this title; and

6 ‘‘(4) encourage the maximum participation of

7 Native Hawaiians in planning and management of

8 Native Hawaiian education programs.

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

10 ISLAND COUNCILS.

11 ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDU12 CATION COUNCIL.—In order to better effectuate the pur13 poses of this part through the coordination of educational

14 and related services and programs available to Native Ha15 waiians, including those programs receiving funding under

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

17 Hawaiian Education Council (referred to in this part as

18 the ‘Education Council’).

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

20 Education Council shall consist of not more than 21 mem21 bers, unless otherwise determined by a majority of the

22 council.

23 ‘‘(c) CONDITIONS AND TERMS.—

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

25 Education Council shall be Native Hawaiian edu-
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1 cation service providers and 10 members of the Edu2 cation Council shall be Native Hawaiians or Native

3 Hawaiian education consumers. In addition, a rep4 resentative of the State of Hawaii Office of Hawai5 ian Affairs shall serve as a member of the Education

6 Council.

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

8 Education Council shall be appointed by the Sec9 retary based on recommendations received from the

10 Native Hawaiian community.

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

12 Council shall serve for staggered terms of 3 years,

13 except as provided in paragraph (4).

14 ‘‘(4) COUNCIL DETERMINATIONS.—Additional

15 conditions and terms relating to membership on the

16 Education Council, including term lengths and term

17 renewals, shall be determined by a majority of the

18 Education Council.

19 ‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL

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

21 Education Council in order to enable the Education Coun22 cil to—

23 ‘‘(1) coordinate the educational and related

24 services and programs available to Native Hawai-
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1 ians, including the programs assisted under this

2 part;

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

4 and programs meet the needs of Native Hawaiians,

5 and collect data on the status of Native Hawaiian

6 education;

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

8 the issuance of reports and recommendations, to ap9 propriate Federal, State, and local agencies in order

10 to focus and improve the use of resources, including

11 resources made available under this part, relating to

12 Native Hawaiian education, and serve, where appro13 priate, in an advisory capacity; and

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

15 the Education Council to carry out the duties of the

16 Education Council, as described in paragraphs (1)

17 through (3).

18 ‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION

19 COUNCIL.—

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

21 shall provide copies of any reports and recommenda22 tions issued by the Education Council, including any

23 information that the Education Council provides to

24 the Secretary pursuant to subsection (i), to the Sec25 retary, the Committee on Education and the Work-
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1 force of the House of Representatives, and the Com2 mittee on Indian Affairs of the Senate.

3 ‘‘(2) ANNUAL REPORT.—The Education Council

4 shall prepare and submit to the Secretary an annual

5 report on the Education Council’s activities.

6 ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST7 ANCE.—The Education Council shall provide such

8 administrative support and financial assistance to

9 the island councils established pursuant to sub10 section (f) as the Secretary determines to be appro11 priate, in a manner that supports the distinct needs

12 of each island council.

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

14 ‘‘(1) IN GENERAL.—In order to better effec15 tuate the purposes of this part and to ensure the

16 adequate representation of island and community in17 terests within the Education Council, the Secretary

18 is authorized to facilitate the establishment of Na19 tive Hawaiian education island councils (referred to

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

21 the following islands:

22 ‘‘(A) Hawai‘i.

23 ‘‘(B) Maui.

24 ‘‘(C) Moloka‘i.

25 ‘‘(D) Lana‘i.
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1 ‘‘(E) O‘ahu.

2 ‘‘(F) Kaua‘i.

3 ‘‘(G) Ni‘ihau.

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

5 Each island council shall consist of parents, stu6 dents, and other community members who have an

7 interest in the education of Native Hawaiians, and

8 shall be representative of individuals concerned with

9 the educational needs of all age groups, from children in preschool through adults. At least 3 10 ⁄4 of the

11 members of each island council shall be Native Ha12 waiians.

13 ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO

14 EDUCATION COUNCIL AND ISLAND COUNCILS.—The Edu15 cation Council and each island council shall meet at the

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

17 the request of the majority of the members of the appro18 priate council, but in any event not less often than 4 times

19 during each calendar year. The provisions of the Federal

20 Advisory Committee Act shall not apply to the Education

21 Council and each island council.

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

23 Council and each island council shall not receive any com24 pensation for service on the Education Council and each

25 island council, respectively.
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1 ‘‘(i) REPORT.—Not later than 4 years after the date

2 of enactment of the Native Hawaiian Education Reauthor3 ization Act, the Secretary shall prepare and submit to the

4 Committee on Education and the Workforce of the House

5 of Representatives and the Committee on Indian Affairs

6 of the Senate a report that summarizes the annual reports

7 of the Education Council, describes the allocation and use

8 of funds under this part, and contains recommendations

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

10 the purposes of this part.

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

12 are authorized to be appropriated to carry out this section

13 $500,000 for fiscal year 2002 and such sums as may be

14 necessary for each of the 6 succeeding fiscal years. Funds

15 appropriated under this subsection shall remain available

16 until expended.

17 ‘‘SEC. 9205. PROGRAM AUTHORIZED.

18 ‘‘(a) GENERAL AUTHORITY.—

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

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

21 contracts with—

22 ‘‘(A) Native Hawaiian educational organi23 zations;

24 ‘‘(B) Native Hawaiian community-based

25 organizations;
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1 ‘‘(C) public and private nonprofit organiza2 tions, agencies, and institutions with experience

3 in developing or operating Native Hawaiian

4 programs or programs of instruction in the Na5 tive Hawaiian language; and

6 ‘‘(D) consortia of the organizations, agen7 cies, and institutions described in subpara8 graphs (A) through (C),

9 to carry out programs that meet the purposes of this

10 part.

11 ‘‘(2) PRIORITIES.—In awarding grants or con12 tracts to carry out activities described in paragraph

13 (3), the Secretary shall give priority to entities pro14 posing projects that are designed to address—

15 ‘‘(A) beginning reading and literacy among

16 students in kindergarten through third grade;

17 ‘‘(B) the needs of at-risk children and

18 youth;

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

20 Native Hawaiians are underemployed; and

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

22 instruction.

23 ‘‘(3) AUTHORIZED ACTIVITIES.—Activities pro24 vided through programs carried out under this part

25 may include—
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1 ‘‘(A) the development and maintenance of

2 a statewide Native Hawaiian early education

3 and care system to provide a continuum of serv4 ices for Native Hawaiian children from the pre5 natal period of the children through age 5;

6 ‘‘(B) the operation of family-based edu7 cation centers that provide such services as—

8 ‘‘(i) programs for Native Hawaiian

9 parents and their infants from the prenatal

10 period of the infants through age 3;

11 ‘‘(ii) preschool programs for Native

12 Hawaiians; and

13 ‘‘(iii) research on, and development

14 and assessment of, family-based, early

15 childhood, and preschool programs for Na16 tive Hawaiians;

17 ‘‘(C) activities that enhance beginning

18 reading and literacy in either the Hawaiian or

19 the English language among Native Hawaiian

20 students in kindergarten through third grade

21 and assistance in addressing the distinct fea22 tures of combined English and Hawaiian lit23 eracy for Hawaiian speakers in fifth and sixth

24 grade;
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1 ‘‘(D) activities to meet the special needs of

2 Native Hawaiian students with disabilities,

3 including—

4 ‘‘(i) the identification of such students

5 and their needs;

6 ‘‘(ii) the provision of support services

7 to the families of those students; and

8 ‘‘(iii) other activities consistent with

9 the requirements of the Individuals with

10 Disabilities Education Act;

11 ‘‘(E) activities that address the special

12 needs of Native Hawaiian students who are

13 gifted and talented, including—

14 ‘‘(i) educational, psychological, and

15 developmental activities designed to assist

16 in the educational progress of those stu17 dents; and

18 ‘‘(ii) activities that involve the parents

19 of those students in a manner designed to

20 assist in the students’ educational

21 progress;

22 ‘‘(F) the development of academic and vo23 cational curricula to address the needs of Na24 tive Hawaiian children and adults, including

25 curriculum materials in the Hawaiian language
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1 and mathematics and science curricula that in2 corporate Native Hawaiian tradition and cul3 ture;

4 ‘‘(G) professional development activities for

5 educators, including—

6 ‘‘(i) the development of programs to

7 prepare prospective teachers to address the

8 unique needs of Native Hawaiian students

9 within the context of Native Hawaiian cul10 ture, language, and traditions;

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

12 the ability of teachers who teach in schools

13 with concentrations of Native Hawaiian

14 students to meet those students’ unique

15 needs; and

16 ‘‘(iii) the recruitment and preparation

17 of Native Hawaiians, and other individuals

18 who live in communities with a high con19 centration of Native Hawaiians, to become

20 teachers;

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

22 learning centers that address the needs of Na23 tive Hawaiian families and communities

24 through the coordination of public and private

25 programs and services, including—
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1 ‘‘(i) preschool programs;

2 ‘‘(ii) after-school programs; and

3 ‘‘(iii) vocational and adult education

4 programs;

5 ‘‘(I) activities to enable Native Hawaiians

6 to enter and complete programs of postsec7 ondary education, including—

8 ‘‘(i) provision of full or partial schol9 arships for undergraduate or graduate

10 study that are awarded to students based

11 on their academic promise and financial

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

13 given to students entering professions in

14 which Native Hawaiians are underrep15 resented;

16 ‘‘(ii) family literacy services;

17 ‘‘(iii) counseling and support services

18 for students receiving scholarship assist19 ance;

20 ‘‘(iv) counseling and guidance for Na21 tive Hawaiian secondary students who have

22 the potential to receive scholarships; and

23 ‘‘(v) faculty development activities de24 signed to promote the matriculation of Na25 tive Hawaiian students;
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1 ‘‘(J) research and data collection activities

2 to determine the educational status and needs

3 of Native Hawaiian children and adults;

4 ‘‘(K) other research and evaluation activi5 ties related to programs carried out under this

6 part; and

7 ‘‘(L) other activities, consistent with the

8 purposes of this part, to meet the educational

9 needs of Native Hawaiian children and adults.

10 ‘‘(4) SPECIAL RULE AND CONDITIONS.—

11 ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—

12 The Secretary shall not establish a policy under

13 this section that prevents a Native Hawaiian

14 student enrolled at a 2- or 4-year degree grant15 ing institution of higher education outside of

16 the State of Hawaii from receiving a fellowship

17 pursuant to paragraph (3)(I).

18 ‘‘(B) SCHOLARSHIP CONDITIONS.—The

19 Secretary shall establish conditions for receipt

20 of a scholarship awarded under paragraph

21 (3)(I). The conditions shall require that an in22 dividual seeking such a scholarship enter into a

23 contract to provide professional services, either

24 during the scholarship period or upon comple-
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1 tion of a program of postsecondary education,

2 to the Native Hawaiian community.

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

4 percent of funds provided to a grant recipient under this

5 section for any fiscal year may be used for administrative

6 purposes.

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 $28,000,000 for fiscal year 2002 and such sums as may

10 be necessary for each of the 6 succeeding fiscal years.

11 Funds appropriated under this subsection shall remain

12 available until expended.

13 ‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS.

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

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

16 under this part, unless the entity seeking the grant or con17 tract submits an application to the Secretary at such time,

18 in such manner, and containing such information as the

19 Secretary may determine to be necessary to carry out the

20 provisions of this part.

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

22 contract under this part shall submit the application for

23 comment to the local educational agency serving students

24 who will participate in the program to be carried out under
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1 the grant or contract, and include those comments, if any,

2 with the application to the Secretary.

3 ‘‘SEC. 9207. DEFINITIONS.

4 ‘‘In this part:

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

6 Hawaiian’ means any individual who is—

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

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

9 who, prior to 1778, occupied and exercised sov10 ereignty in the area that now comprises the

11 State of Hawaii, as evidenced by—

12 ‘‘(i) genealogical records;

13 ‘‘(ii) Kupuna (elders) or Kama‘aina

14 (long-term community residents)

15 verification; or

16 ‘‘(iii) certified birth records.

17 ‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED OR18 GANIZATION.—The term ‘Native Hawaiian commu19 nity-based organization’ means any organization

20 that is composed primarily of Native Hawaiians

21 from a specific community and that assists in the

22 social, cultural, and educational development of Na23 tive Hawaiians in that community.

24 ‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANI25 ZATION.—The term ‘Native Hawaiian educational
28

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1 organization’ means a private nonprofit organization

2 that—

3 ‘‘(A) serves the interests of Native Hawai4 ians;

5 ‘‘(B) has Native Hawaiians in substantive

6 and policymaking positions within the organiza7 tion;

8 ‘‘(C) incorporates Native Hawaiian per9 spective, values, language, culture, and tradi10 tions into the core function of the organization;

11 ‘‘(D) has demonstrated expertise in the

12 education of Native Hawaiian youth; and

13 ‘‘(E) has demonstrated expertise in re14 search and program development.

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

16 ‘Native Hawaiian language’ means the single Native

17 American language indigenous to the original inhab18 itants of the State of Hawaii.

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

20 term ‘Native Hawaiian organization’ means a pri21 vate nonprofit organization that—

22 ‘‘(A) serves the interests of Native Hawai23 ians;
29

•HR 1250 IH

1 ‘‘(B) has Native Hawaiians in substantive

2 and policymaking positions within the organiza3 tions; and

4 ‘‘(C) is recognized by the Governor of Ha5 waii for the purpose of planning, conducting, or

6 administering programs (or portions of pro7 grams) for the benefit of Native Hawaiians.

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

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

10 Hawaiian Affairs established by the Constitution of

11 the State of Hawaii.’’.

12 SEC. 3. CONFORMING AMENDMENTS.

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

14 317(b)(3) of the Higher Education Act of 1965 (20

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

16 9212’’ and inserting ‘‘section 9207’’.

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

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

19 332 (112 Stat. 3076)) is amended by striking ‘‘section

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

21 7912)’’ and inserting ‘‘section 9207 of the Native Hawai22 ian Education Act’’.

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

24 261 of the Museum and Library Services Act (20 U.S.C.

25 9161) is amended by striking ‘‘section 9212 of the Native
30

•HR 1250 IH

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

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

3 (d) NATIVE AMERICAN LANGUAGES ACT.—Section

4 103(3) of the Native American Languages Act (25 U.S.C.

5 2902(3)) is amended by striking ‘‘section 9212(1) of the

6 Elementary and Secondary Education Act of 1965 (20

7 U.S.C. 7912(1))’’ and inserting ‘‘section 9207 of the Ele8 mentary and Secondary Education Act of 1965’’.

9 (e) WORKFORCE INVESTMENT ACT OF 1998.—Sec10 tion 166(b)(3) of the Workforce Investment Act of 1998

11 (29 U.S.C. 2911(b)(3)) is amended by striking ‘‘para12 graphs (1) and (3), respectively, of section 9212 of the

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

14 inserting ‘‘section 9207 of the Native Hawaiian Education

15 Act’’.

16 (f) ASSETS FOR INDEPENDENCE ACT.—Section

17 404(11) of the Assets for Independence Act (42 U.S.C.

18 604 note) is amended by striking ‘‘section 9212 of the Na19 tive Hawaiian Education Act (20 U.S.C. 7912)’’ and in20 serting ‘‘section 9207 of the Native Hawaiian Education

21 Act’’.

Æ