H. R. 1—503
including disseminating information derived from the dem-
onstration projects conducted under subsection (a); and
‘‘(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and
to the provision of such support services to the families
of such children as are needed to enable such children
to benefit from the projects.
‘‘(4) APPLICATION.—Each eligible entity desiring a grant
or contract under subsection (b) shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information, as the Secretary may reasonably require.
‘‘(d) ADDITIONAL GRANTS.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of the Interior, shall award 5 grants to schools funded
by the Bureau of Indian Affairs (hereafter referred to individ-
ually in this section as a ‘Bureau school’) for program research
and development and the development and dissemination of
curriculum and teacher training material, regarding—
‘‘(A) gifted and talented students;
‘‘(B) college preparatory studies (including programs
for Indian students with an interest in pursuing teaching
careers);
‘‘(C) students with special culturally related academic
needs, including students with social, lingual, and cultural
needs; or
‘‘(D) mathematics and science education.
‘‘(2) APPLICATIONS.—Each Bureau school desiring a grant
under this subsection shall submit an application to the Sec-
retary at such time, in such manner, and accompanied by
such information, as the Secretary may reasonably require.
‘‘(3) SPECIAL RULE.—Each application described in para-
graph (2) shall be developed, and each grant under this sub-
section shall be administered, jointly by the supervisor of the
Bureau school and the local educational agency serving such
school.
‘‘(4) REQUIREMENTS.—In awarding grants under paragraph
(1), the Secretary shall achieve a mixture of the programs
described in paragraph (1) that ensures that Indian students
at all grade levels and in all geographic areas of the United
States are able to participate in a program assisted under
this subsection.
‘‘(5) GRANT PERIOD.—Subject to the availability of appro-
priations, a grant awarded under paragraph (1) shall be
awarded for a 3-year period and may be renewed by the Sec-
retary for additional 3-year periods if the Secretary determines
that the performance of the grant recipient has been satisfac-
tory.
‘‘(6) DISSEMINATION.—
‘‘(A) COOPERATIVE EFFORTS.—The dissemination of any
materials developed from activities assisted under para-
graph (1) shall be carried out in cooperation with entities
that receive funds pursuant to subsection (b).
‘‘(B) REPORT.—The Secretary shall prepare and submit
to the Secretary of the Interior and to Congress a report
concerning any results from activities described in this
subsection.
‘‘(7) EVALUATION COSTS.—
H. R. 1—504
‘‘(A) DIVISION.—The costs of evaluating any activities
assisted under paragraph (1) shall be divided between the
Bureau schools conducting such activities and the recipi-
ents of grants or contracts under subsection (b) who conduct
demonstration projects under subsection (a).
‘‘(B) GRANTS AND CONTRACTS.—If no funds are provided
under subsection (b) for—
‘‘(i) the evaluation of activities assisted under para-
graph (1);
‘‘(ii) technical assistance and coordination with
respect to such activities; or
‘‘(iii) the dissemination of the evaluations referred
to in clause (i),
the Secretary shall make such grants, or enter into such
contracts, as are necessary to provide for the evaluations,
technical assistance, and coordination of such activities,
and the dissemination of the evaluations.
‘‘(e) INFORMATION NETWORK.—The Secretary shall encourage
each recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is readily
available to the entire educational community.
‘‘SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE
PLANNING AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to plan
and develop a centralized tribal administrative entity to—
‘‘(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the tribe;
‘‘(2) develop education codes for schools within the terri-
torial jurisdiction of the tribe;
‘‘(3) provide support services and technical assistance to
schools serving children of the tribe; and
‘‘(4) perform child-find screening services for the preschool-
aged children of the tribe to—
‘‘(A) ensure placement in appropriate educational facili-
ties; and
‘‘(B) coordinate the provision of any needed special
services for conditions such as disabilities and English
language skill deficiencies.
‘‘(b) PERIOD OF GRANT.—Each grant awarded under this section
may be awarded for a period of not more than 3 years. Such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the satisfaction
of the Secretary that renewing the grant for an additional 3-year
period is necessary to carry out the objectives of the grant described
in subsection (c)(2)(A).
‘‘(c) APPLICATION FOR GRANT.—
‘‘(1) IN GENERAL.—Each Indian tribe and tribal organization
desiring a grant under this section shall submit an application
to the Secretary at such time, in such manner, containing
such information, and consistent with such criteria, as the
Secretary may prescribe in regulations.
‘‘(2) CONTENTS.—Each application described in paragraph
(1) shall contain—
H. R. 1—505
‘‘(A) a statement describing the activities to be con-
ducted, and the objectives to be achieved, under the grant;
and
‘‘(B) a description of the method to be used for evalu-
ating the effectiveness of the activities for which assistance
is sought and for determining whether such objectives are
achieved.
‘‘(3) APPROVAL.—The Secretary may approve an application
submitted by a tribe or tribal organization pursuant to this
section only if the Secretary is satisfied that such application,
including any documentation submitted with the application—
‘‘(A) demonstrates that the applicant has consulted
with other education entities, if any, within the territorial
jurisdiction of the applicant who will be affected by the
activities to be conducted under the grant;
‘‘(B) provides for consultation with such other education
entities in the operation and evaluation of the activities
conducted under the grant; and
‘‘(C) demonstrates that there will be adequate resources
provided under this section or from other sources to com-
plete the activities for which assistance is sought, except
that the availability of such other resources shall not be
a basis for disapproval of such application.
‘‘(d) RESTRICTION.—A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the Edu-
cation Amendments of 1978.
‘‘SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.
‘‘(a) IN GENERAL.—The Secretary shall make grants to State
educational agencies, local educational agencies, and Indian tribes,
institutions, and organizations—
‘‘(1) to support planning, pilot, and demonstration projects
that are designed to test and demonstrate the effectiveness
of programs for improving employment and educational
opportunities for adult Indians;
‘‘(2) to assist in the establishment and operation of pro-
grams that are designed to stimulate—
‘‘(A) the provision of basic literacy opportunities for
all nonliterate Indian adults; and
‘‘(B) the provision of opportunities to all Indian adults
to qualify for a secondary school diploma, or its recognized
equivalent, in the shortest period of time feasible;
‘‘(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving literacy and secondary school equivalency for Indians;
‘‘(4) to provide for basic surveys and evaluations to define
accurately the extent of the problems of illiteracy and lack
of secondary school completion among Indians; and
‘‘(5) to encourage the dissemination of information and
materials relating to, and the evaluation of, the effectiveness
of education programs that may offer educational opportunities
to Indian adults.
‘‘(b) EDUCATIONAL SERVICES.—The Secretary may make grants
to Indian tribes, institutions, and organizations to develop and
establish educational services and programs specifically designed
to improve educational opportunities for Indian adults.
H. R. 1—506
‘‘(c) INFORMATION AND EVALUATION.—The Secretary may make
grants to, and enter into contracts with, public agencies and institu-
tions and Indian tribes, institutions, and organizations, for—
‘‘(1) the dissemination of information concerning edu-
cational programs, services, and resources available to Indian
adults, including evaluations of the programs, services, and
resources; and
‘‘(2) the evaluation of federally assisted programs in which
Indian adults may participate to determine the effectiveness
of the programs in achieving the purposes of the programs
with respect to Indian adults.
‘‘(d) APPLICATIONS.—
‘‘(1) IN GENERAL.—Each entity desiring a grant or contract
under this section shall submit to the Secretary an application
at such time, in such manner, containing such information,
and consistent with such criteria, as the Secretary may pre-
scribe in regulations.
‘‘(2) CONTENTS.—Each application described in paragraph
(1) shall contain—
‘‘(A) a statement describing the activities to be con-
ducted and the objectives to be achieved under the grant
or contract; and
‘‘(B) a description of the method to be used for evalu-
ating the effectiveness of the activities for which assistance
is sought and determining whether the objectives of the
grant or contract are achieved.
‘‘(3) APPROVAL.—The Secretary shall not approve an
application described in paragraph (1) unless the Secretary
determines that such application, including any documentation
submitted with the application, indicates that—
‘‘(A) there has been adequate participation, by the
individuals to be served and the appropriate tribal commu-
nities, in the planning and development of the activities
to be assisted; and
‘‘(B) the individuals and tribal communities referred
to in subparagraph (A) will participate in the operation
and evaluation of the activities to be assisted.
‘‘(4) PRIORITY.—In approving applications under paragraph
(1), the Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this section for a fiscal year may
be used to pay for administrative costs.
‘‘Subpart 4—Federal Administration
‘‘SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
‘‘(a) MEMBERSHIP.—There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ‘Council’), which shall—
‘‘(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
‘‘(2) represent different geographic areas of the United
States.
‘‘(b) DUTIES.—The Council shall—
H. R. 1—507
‘‘(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program, including
any program established under this part—
‘‘(A) with respect to which the Secretary has jurisdic-
tion; and
‘‘(B)(i) that includes Indian children or adults as
participants; or
‘‘(ii) that may benefit Indian children or adults;
‘‘(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a vacancy
occurs; and
‘‘(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including—
‘‘(A) any recommendations that the Council considers
appropriate for the improvement of Federal education pro-
grams that include Indian children or adults as partici-
pants, or that may benefit Indian children or adults; and
‘‘(B) recommendations concerning the funding of any
program described in subparagraph (A).
‘‘SEC. 7142. PEER REVIEW.
‘‘The Secretary may use a peer review process to review applica-
tions submitted to the Secretary under subpart 2 or subpart 3.
‘‘SEC. 7143. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall give
a preference to Indian tribes, organizations, and institutions of
higher education under any program with respect to which Indian
tribes, organizations, and institutions are eligible to apply for
grants, contracts, or cooperative agreements.
‘‘SEC. 7144. MINIMUM GRANT CRITERIA.
‘‘The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart
3 unless the application is for a grant, contract, or cooperative
agreement that is—
‘‘(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
‘‘(2) based on relevant research findings.
‘‘Subpart 5—Definitions; Authorizations of
Appropriations
‘‘SEC. 7151. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) ADULT.—The term ‘adult’ means an individual who—
‘‘(A) has attained the age of 16 years; or
‘‘(B) has attained an age that is greater than the age
of compulsory school attendance under an applicable State
law.
‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free public edu-
cation’ means education that is—
‘‘(A) provided at public expense, under public super-
vision and direction, and without tuition charge; and
H. R. 1—508
‘‘(B) provided as elementary or secondary education
in the applicable State or to preschool children.
‘‘(3) INDIAN.—The term ‘Indian’ means an individual who
is—
‘‘(A) a member of an Indian tribe or band, as member-
ship is defined by the tribe or band, including—
‘‘(i) any tribe or band terminated since 1940; and
‘‘(ii) any tribe or band recognized by the State
in which the tribe or band resides;
‘‘(B) a descendant, in the first or second degree, of
an individual described in subparagraph (A);
‘‘(C) considered by the Secretary of the Interior to
be an Indian for any purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska Native; or
‘‘(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as in effect the day preceding the date of enactment of
the Improving America’s Schools Act of 1994.
‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—For the purpose of carrying out subpart 1,
there are authorized to be appropriated $96,400,000 for fiscal year
2002 and such sums as may be necessary for each of the 5 suc-
ceeding fiscal years.
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying out sub-
parts 2 and 3, there are authorized to be appropriated $24,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
‘‘PART B—NATIVE HAWAIIAN EDUCATION
‘‘SEC. 7201. SHORT TITLE.
‘‘This part may be cited as the ‘Native Hawaiian Education
Act’.
‘‘SEC. 7202. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original inhabitants
of the Hawaiian archipelago, whose society was organized as
a nation and internationally recognized as a nation by the
United States, Britain, France, and Japan, as evidenced by
treaties governing friendship, commerce, and navigation.
‘‘(2) At the time of the arrival of the first nonindigenous
people in Hawaii in 1778, the Native Hawaiian people lived
in a highly organized, self-sufficient subsistence social system
based on a communal land tenure system with a sophisticated
language, culture, and religion.
‘‘(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawaii.
‘‘(4) From 1826 until 1893, the United States recognized
the sovereignty and independence of the Kingdom of Hawaii,
which was established in 1810 under Kamehameha I, extended
full and complete diplomatic recognition to the Kingdom of
Hawaii, and entered into treaties and conventions with the
Kingdom of Hawaii to govern friendship, commerce and naviga-
tion in 1826, 1842, 1849, 1875, and 1887.
H. R. 1—509
‘‘(5) In 1893, the sovereign, independent, internationally
recognized, and indigenous government of Hawaii, the Kingdom
of Hawaii, was overthrown by a small group of non-Hawaiians,
including United States citizens, who were assisted in their
efforts by the United States Minister, a United States naval
representative, and armed naval forces of the United States.
Because of the participation of United States agents and citi-
zens in the overthrow of the Kingdom of Hawaii, in 1993
the United States apologized to Native Hawaiians for the over-
throw and the deprivation of the rights of Native Hawaiians
to self-determination through Public Law 103–150 (107 Stat.
1510).
‘‘(6) In 1898, the joint resolution entitled ‘Joint Resolution
to provide for annexing the Hawaiian Islands to the United
States’, approved July 7, 1898 (30 Stat. 750), ceded absolute
title of all lands held by the Republic of Hawaii, including
the government and crown lands of the former Kingdom of
Hawaii, to the United States, but mandated that revenue gen-
erated from the lands be used ‘solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and other
public purposes’.
‘‘(7) By 1919, the Native Hawaiian population had declined
from an estimated 1,000,000 in 1778 to an alarming 22,600,
and in recognition of this severe decline, Congress enacted
the Hawaiian Homes Commission Act, 1920 (42 Stat. 108),
which designated approximately 200,000 acres of ceded public
lands for homesteading by Native Hawaiians.
‘‘(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special relation-
ship between the United States and the Native Hawaiians,
which was described by then Secretary of the Interior Franklin
K. Lane, who said: ‘One thing that impressed me . . . was
the fact that the natives of the island who are our wards,
I should say, and for whom in a sense we are trustees, are
falling off rapidly in numbers and many of them are in poverty.’.
‘‘(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act of June
20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–
1, 392b, 392c, 396, 396a), a provision to lease lands within
the National Parks extension to Native Hawaiians and to
permit fishing in the area ‘only by native Hawaiian residents
of said area or of adjacent villages and by visitors under their
guidance.’.
‘‘(10) Under the Act entitled ‘An Act to provide for the
admission of the State of Hawaii into the Union’, approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawaii but reaffirmed the trust relation-
ship between the United States and the Hawaiian people by
retaining the exclusive power to enforce the trust, including
the power to approve land exchanges and amendments to such
Act affecting the rights of beneficiaries under such Act.
‘‘(11) In 1959, under the Act entitled ‘An Act to provide
for the admission of the State of Hawaii into the Union’, the
United States also ceded to the State of Hawaii title to the
public lands formerly held by the United States, but mandated
that such lands be held by the State ‘in public trust’ and
H. R. 1—510
reaffirmed the special relationship that existed between the
United States and the Hawaiian people by retaining the legal
responsibility to enforce the public trust responsibility of the
State of Hawaii for the betterment of the conditions of Native
Hawaiians, as defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
‘‘(12) The United States has recognized and reaffirmed
that—
‘‘(A) Native Hawaiians have a cultural, historic, and
land-based link to the indigenous people who exercised
sovereignty over the Hawaiian Islands, and that group
has never relinquished its claims to sovereignty or its sov-
ereign lands;
‘‘(B) Congress does not extend services to Native
Hawaiians because of their race, but because of their
unique status as the indigenous people of a once sovereign
nation as to whom the United States has established a
trust relationship;
‘‘(C) Congress has also delegated broad authority to
administer a portion of the Federal trust responsibility
to the State of Hawaii;
‘‘(D) the political status of Native Hawaiians is com-
parable to that of American Indians and Alaska Natives;
and
‘‘(E) the aboriginal, indigenous people of the United
States have—
‘‘(i) a continuing right to autonomy in their internal
affairs; and
‘‘(ii) an ongoing right of self-determination and
self-governance that has never been extinguished.
‘‘(13) The political relationship between the United States
and the Native Hawaiian people has been recognized and re-
affirmed by the United States, as evidenced by the inclusion
of Native Hawaiians in—
‘‘(A) the Native American Programs Act of 1974 (42
U.S.C. 2991 et seq.);
‘‘(B) the American Indian Religious Freedom Act (42
U.S.C. 1996);
‘‘(C) the National Museum of the American Indian
Act (20 U.S.C. 80q et seq.);
‘‘(D) the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001 et seq.);
‘‘(E) the National Historic Preservation Act (16 U.S.C.
470 et seq.);
‘‘(F) the Native American Languages Act (25 U.S.C.
2901 et seq.);
‘‘(G) the American Indian, Alaska Native, and Native
Hawaiian Culture and Art Development Act (20 U.S.C.
4401 et seq.);
‘‘(H) the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.); and
‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.).
‘‘(14) In 1981, Congress instructed the Office of Education
to submit to Congress a comprehensive report on Native
Hawaiian education. The report, entitled the ‘Native Hawaiian
Educational Assessment Project’, was released in 1983 and
H. R. 1—511
documented that Native Hawaiians scored below parity with
regard to national norms on standardized achievement tests,
were disproportionately represented in many negative social
and physical statistics indicative of special educational needs,
and had educational needs that were related to their unique
cultural situation, such as different learning styles and low
self-image.
‘‘(15) In recognition of the educational needs of Native
Hawaiians, in 1988, Congress enacted title IV of the Augustus
F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 (102 Stat. 130) to
authorize and develop supplemental educational programs to
address the unique conditions of Native Hawaiians.
‘‘(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native Hawaiian
Educational Assessment Project, which found that despite the
successes of the programs established under title IV of the
Augustus F. Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988, many of
the same educational needs still existed for Native Hawaiians.
Subsequent reports by the Kamehameha Schools Bishop Estate
and other organizations have generally confirmed those
findings. For example—
‘‘(A) educational risk factors continue to start even
before 
birth 
for 
many 
Native 
Hawaiian 
children,
including—
‘‘(i) late or no prenatal care;
‘‘(ii) high rates of births by Native Hawaiian
women who are unmarried; and
‘‘(iii) high rates of births to teenage parents;
‘‘(B) Native Hawaiian students continue to begin their
school experience lagging behind other students in terms
of readiness factors such as vocabulary test scores;
‘‘(C) Native Hawaiian students continue to score below
national norms on standardized education achievement
tests at all grade levels;
‘‘(D) both public and private schools continue to show
a pattern of lower percentages of Native Hawaiian students
in the uppermost achievement levels and in gifted and
talented programs;
‘‘(E) Native Hawaiian students continue to be over-
represented among students qualifying for special edu-
cation programs provided to students with learning disabil-
ities, mild mental retardation, emotional impairment, and
other such disabilities;
‘‘(F) Native Hawaiians continue to be underrepresented
in institutions of higher education and among adults who
have completed four or more years of college;
‘‘(G) Native Hawaiians continue to be disproportion-
ately represented in many negative social and physical
statistics indicative of special educational needs, as dem-
onstrated by the fact that—
‘‘(i) Native Hawaiian students are more likely to
be retained in grade level and to be excessively absent
in secondary school;
H. R. 1—512
‘‘(ii) Native Hawaiian students have the highest
rates of drug and alcohol use in the State of Hawaii;
and
‘‘(iii) Native Hawaiian children continue to be dis-
proportionately victimized by child abuse and neglect;
and
‘‘(H) Native Hawaiians now comprise over 23 percent
of the students served by the State of Hawaii Department
of Education, and there are and will continue to be geo-
graphically rural, isolated areas with a high Native
Hawaiian population density.
‘‘(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among groups
of students from 39 States in reading. Given that Hawaiian
students rank among the lowest groups of students nationally
in reading, and that Native Hawaiian students rank the lowest
among Hawaiian students in reading, it is imperative that
greater focus be placed on beginning reading and early edu-
cation and literacy in Hawaii.
‘‘(18) The findings described in paragraphs (16) and (17)
are inconsistent with the high rates of literacy and integration
of traditional culture and Western education historically
achieved by Native Hawaiians through a Hawaiian language-
based public school system established in 1840 by Kamehameha
III.
‘‘(19) Following the overthrow of the Kingdom of Hawaii
in 1893, Hawaiian medium schools were banned. After annex-
ation, throughout the territorial and statehood period of Hawaii,
and until 1986, use of the Hawaiian language as an instruc-
tional medium in education in public schools was declared
unlawful. The declaration caused incalculable harm to a culture
that placed a very high value on the power of language, as
exemplified in the traditional saying: ‘I ka ‘o¯lelo no¯ ke ola;
I ka ‘o¯lelo no¯ ka make. In the language rests life; In the
language rests death.’.
‘‘(20) Despite the consequences of over 100 years of non-
indigenous influence, the Native Hawaiian people are deter-
mined to preserve, develop, and transmit to future generations
their ancestral territory and their cultural identity in accord-
ance with their own spiritual and traditional beliefs, customs,
practices, language, and social institutions.
‘‘(21) The State of Hawaii, in the constitution and statutes
of the State of Hawaii—
‘‘(A) reaffirms and protects the unique right of the
Native Hawaiian people to practice and perpetuate their
culture and religious customs, beliefs, practices, and lan-
guage;
‘‘(B) recognizes the traditional language of the Native
Hawaiian people as an official language of the State of
Hawaii, which may be used as the language of instruction
for all subjects and grades in the public school system;
and
‘‘(C) promotes the study of the Hawaiian culture, lan-
guage, and history by providing a Hawaiian education pro-
gram and using community expertise as a suitable and
essential means to further the program.
H. R. 1—513
‘‘SEC. 7203. PURPOSES.
‘‘The purposes of this part are to—
‘‘(1) authorize and develop innovative educational programs
to assist Native Hawaiians;
‘‘(2) provide direction and guidance to appropriate Federal,
State, and local agencies to focus resources, including resources
made available under this part, on Native Hawaiian education,
and to provide periodic assessment and data collection;
‘‘(3) supplement and expand programs and authorities in
the area of education to further the purposes of this title;
and
‘‘(4) encourage the maximum participation of Native Hawai-
ians in planning and management of Native Hawaiian edu-
cation programs.
‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND
COUNCILS.
‘‘(a) 
ESTABLISHMENT
OF
NATIVE
HAWAIIAN
EDUCATION
COUNCIL.—In order to better effectuate the purposes of this part
through the coordination of educational and related services and
programs available to Native Hawaiians, including those programs
receiving funding under this part, the Secretary is authorized to
establish a Native Hawaiian Education Council (hereafter in this
part referred to as the ‘Education Council’).
‘‘(b) COMPOSITION
OF EDUCATION COUNCIL.—The Education
Council shall consist of not more than 21 members, unless otherwise
determined by a majority of the council.
‘‘(c) CONDITIONS AND TERMS.—
‘‘(1) CONDITIONS.—At least 10 members of the Education
Council shall be Native Hawaiian education service providers
and 10 members of the Education Council shall be Native
Hawaiians or Native Hawaiian education consumers. In addi-
tion, a representative of the State of Hawaii Office of Hawaiian
Affairs shall serve as a member of the Education Council.
‘‘(2) APPOINTMENTS.—The members of the Education
Council shall be appointed by the Secretary based on rec-
ommendations received from the Native Hawaiian community.
‘‘(3) TERMS.—Members of the Education Council shall serve
for staggered terms of 3 years, except as provided in paragraph
(4).
‘‘(4) COUNCIL DETERMINATIONS.—Additional conditions and
terms relating to membership on the Education Council,
including term lengths and term renewals, shall be determined
by a majority of the Education Council.
‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.—The Sec-
retary shall make a direct grant to the Education Council to carry
out the following activities:
‘‘(1) Coordinate the educational and related services and
programs available to Native Hawaiians, including the pro-
grams assisted under this part.
‘‘(2) Assess the extent to which such services and programs
meet the needs of Native Hawaiians, and collect data on the
status of Native Hawaiian education.
‘‘(3) Provide direction and guidance, through the issuance
of reports and recommendations, to appropriate Federal, State,
and local agencies in order to focus and improve the use of
resources, including resources made available under this part,
H. R. 1—514
relating to Native Hawaiian education, and serve, where appro-
priate, in an advisory capacity.
‘‘(4) Make direct grants, if such grants enable the Education
Council to carry out the duties of the Education Council, as
described in paragraphs (1) through (3).
‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.—
‘‘(1) IN
GENERAL.—The Education Council shall provide
copies of any reports and recommendations issued by the Edu-
cation Council, including any information that the Education
Council provides to the Secretary pursuant to subsection (i),
to the Secretary, the Committee on Education and the
Workforce of the House of Representatives, and the Committee
on Indian Affairs of the Senate.
‘‘(2) ANNUAL REPORT.—The Education Council shall prepare
and submit to the Secretary an annual report on the Education
Council’s activities.
‘‘(3) ISLAND COUNCIL SUPPORT AND ASSISTANCE.—The Edu-
cation Council shall provide such administrative support and
financial assistance to the island councils established pursuant
to subsection (f) as the Secretary determines to be appropriate,
in a manner that supports the distinct needs of each island
council.
‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—
‘‘(1) IN GENERAL.—In order to better effectuate the purposes
of this part and to ensure the adequate representation of island
and community interests within the Education Council, the
Secretary is authorized to facilitate the establishment of Native
Hawaiian education island councils (hereafter in this part
referred to as an ‘island council’) for the following islands:
‘‘(A) Hawaii.
‘‘(B) Maui.
‘‘(C) Molokai.
‘‘(D) Lanai.
‘‘(E) Oahu.
‘‘(F) Kauai.
‘‘(G) Niihau.
‘‘(2) COMPOSITION
OF
ISLAND
COUNCILS.—Each island
council shall consist of parents, students, and other community
members who have an interest in the education of Native
Hawaiians, and shall be representative of individuals concerned
with the educational needs of all age groups, from children
in preschool through adults. At least three-fourths of the mem-
bers of each island council shall be Native Hawaiians.
‘‘(g) ADMINISTRATIVE
PROVISIONS
RELATING
TO
EDUCATION
COUNCIL AND ISLAND COUNCILS.—The Education Council and each
island council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than four times during each calendar year. The provisions
of the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
‘‘(h) COMPENSATION.—Members of the Education Council and
each island council shall not receive any compensation for service
on the Education Council and each island council, respectively.
‘‘(i) REPORT.—Not later than 4 years after the date of enactment
of the No Child Left Behind Act of 2001, the Secretary shall prepare
and submit to the Committee on Education and the Workforce
H. R. 1—515
of the House of Representatives and the Committee on Indian
Affairs of the Senate a report that summarizes the annual reports
of the Education Council, describes the allocation and use of funds
under this part, and contains recommendations for changes in Fed-
eral, State, and local policy to advance the purposes of this part.
‘‘SEC. 7205. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized
to make direct grants to, or enter into contracts with—
‘‘(A) Native Hawaiian educational organizations;
‘‘(B) Native Hawaiian community-based organizations;
‘‘(C) public and private nonprofit organizations, agen-
cies, and institutions with experience in developing or oper-
ating Native Hawaiian programs or programs of instruction
in the Native Hawaiian language; and
‘‘(D) consortia of the organizations, agencies, and
institutions described in subparagraphs (A) through (C),
to carry out programs that meet the purposes of this part.
‘‘(2) PRIORITIES.—In awarding grants or contracts to carry
out activities described in paragraph (3), the Secretary shall
give priority to entities proposing projects that are designed
to address—
‘‘(A) beginning reading and literacy among students
in kindergarten through third grade;
‘‘(B) the needs of at-risk children and youth;
‘‘(C) needs in fields or disciplines in which Native
Hawaiians are underemployed; and
‘‘(D) the use of the Hawaiian language in instruction.
‘‘(3) AUTHORIZED ACTIVITIES.—Activities provided through
programs carried out under this part may include—
‘‘(A) the development and maintenance of a statewide
Native Hawaiian early education and care system to pro-
vide a continuum of services for Native Hawaiian children
from the prenatal period of the children through age 5;
‘‘(B) the operation of family-based education centers
that provide such services as—
‘‘(i) programs for Native Hawaiian parents and
their infants from the prenatal period of the infants
through age 3;
‘‘(ii) preschool programs for Native Hawaiians; and
‘‘(iii) research on, and development and assessment
of, family-based, early childhood, and preschool pro-
grams for Native Hawaiians;
‘‘(C) activities that enhance beginning reading and lit-
eracy in either the Hawaiian or the English language
among Native Hawaiian students in kindergarten through
third grade and assistance in addressing the distinct fea-
tures of combined English and Hawaiian literacy for
Hawaiian speakers in fifth and sixth grade;
‘‘(D) activities to meet the special needs of Native
Hawaiian students with disabilities, including—
‘‘(i) the identification of such students and their
needs;
‘‘(ii) the provision of support services to the families
of those students; and
H. R. 1—516
‘‘(iii) other activities consistent with the require-
ments of the Individuals with Disabilities Education
Act;
‘‘(E) activities that address the special needs of Native
Hawaiian students who are gifted and talented, including—
‘‘(i) educational, psychological, and developmental
activities designed to assist in the educational progress
of those students; and
‘‘(ii) activities that involve the parents of those
students in a manner designed to assist in the students’
educational progress;
‘‘(F) the development of academic and vocational cur-
ricula to address the needs of Native Hawaiian children
and adults, including curriculum materials in the Hawaiian
language and mathematics and science curricula that incor-
porate Native Hawaiian tradition and culture;
‘‘(G) professional development activities for educators,
including—
‘‘(i) the development of programs to prepare
prospective teachers to address the unique needs of
Native Hawaiian students within the context of Native
Hawaiian culture, language, and traditions;
‘‘(ii) in-service programs to improve the ability of
teachers who teach in schools with concentrations of
Native Hawaiian students to meet those students’
unique needs; and
‘‘(iii) the recruitment and preparation of Native
Hawaiians, and other individuals who live in commu-
nities with a high concentration of Native Hawaiians,
to become teachers;
‘‘(H) the operation of community-based learning centers
that address the needs of Native Hawaiian families and
communities through the coordination of public and private
programs and services, including—
‘‘(i) preschool programs;
‘‘(ii) after-school programs;
‘‘(iii) vocational and adult education programs; and
‘‘(iv) programs that recognize and support the
unique cultural and educational needs of Native
Hawaiian children, and incorporate appropriately
qualified Native Hawaiian elders and seniors;
‘‘(I) activities, including program co-location, to enable
Native Hawaiians to enter and complete programs of post-
secondary education, including—
‘‘(i) provision of full or partial scholarships for
undergraduate or graduate study that are awarded
to students based on their academic promise and finan-
cial need, with a priority, at the graduate level, given
to students entering professions in which Native
Hawaiians are underrepresented;
‘‘(ii) family literacy services;
‘‘(iii) counseling and support services for students
receiving scholarship assistance;
‘‘(iv) counseling and guidance for Native Hawaiian
secondary students who have the potential to receive
scholarships; and
H. R. 1—517
‘‘(v) faculty development activities designed to pro-
mote the matriculation of Native Hawaiian students;
‘‘(J) research and data collection activities to determine
the educational status and needs of Native Hawaiian chil-
dren and adults;
‘‘(K) other research and evaluation activities related
to programs carried out under this part; and
‘‘(L) other activities, consistent with the purposes of
this part, to meet the educational needs of Native Hawaiian
children and adults.
‘‘(4) SPECIAL RULE AND CONDITIONS.—
‘‘(A) INSTITUTIONS
OUTSIDE
HAWAII.—The Secretary
shall not establish a policy under this section that prevents
a Native Hawaiian student enrolled at a 2- or 4-year degree
granting institution of higher education outside of the State
of Hawaii from receiving a scholarship pursuant to para-
graph (3)(I).
‘‘(B) SCHOLARSHIP
CONDITIONS.—The Secretary shall
establish conditions for receipt of a scholarship awarded
under paragraph (3)(I). The conditions shall require that
an individual seeking such a scholarship enter into a con-
tract to provide professional services, either during the
scholarship period or upon completion of a program of
postsecondary education, to the Native Hawaiian commu-
nity.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds
provided to a recipient of a grant or contract under subsection
(a) for any fiscal year may be used for administrative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section and section 7204 such sums as may
be necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.
‘‘(2) RESERVATION.—Of the funds appropriated under this
subsection, the Secretary shall reserve $500,000 for fiscal year
2002 and each of the 5 succeeding fiscal years to make a
direct grant to the Education Council to carry out section
7204.
‘‘(3) AVAILABILITY.—Funds appropriated under this sub-
section shall remain available until expended.
‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.
‘‘(a) APPLICATION REQUIRED.—No grant may be made under
this part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an applica-
tion to the Secretary at such time, in such manner, and containing
such information as the Secretary may determine to be necessary
to carry out the provisions of this part.
‘‘(b) SPECIAL RULE.—Each applicant for a grant or contract
under this part shall submit the application for comment to the
local educational agency serving students who will participate in
the program to be carried out under the grant or contract, and
include those comments, if any, with the application to the Sec-
retary.
‘‘SEC. 7207. DEFINITIONS.
‘‘In this part:
H. R. 1—519
‘‘(1) The attainment of educational success is critical to
the betterment of the conditions, long-term well-being, and
preservation of the culture of Alaska Natives.
‘‘(2) It is the policy of the Federal Government to encourage
the maximum participation by Alaska Natives in the planning
and the management of Alaska Native education programs.
‘‘(3) Alaska Native children enter and exit school with
serious educational handicaps.
‘‘(4) The educational achievement of Alaska Native children
is far below national norms. Native performance on standard-
ized tests is low, Native student dropout rates are high, and
Natives are significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a result,
Native students are being denied their opportunity to become
full participants in society by grade school and high school
educations that are condemning an entire generation to an
underclass status and a life of limited choices.
‘‘(5) The programs authorized in this part, combined with
expanded Head Start, infant learning, and early childhood edu-
cation programs, and parent education programs, are essential
if educational handicaps are to be overcome.
‘‘(6) The sheer magnitude of the geographic barriers to
be overcome in delivering educational services in rural Alaska
and Alaska villages should be addressed through the develop-
ment and implementation of innovative, model programs in
a variety of areas.
‘‘(7) Native children should be afforded the opportunity
to begin their formal education on a par with their non-Native
peers. The Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native commu-
nity to improve educational opportunity for all students.
‘‘SEC. 7303. PURPOSES.
‘‘The purposes of this part are as follows:
‘‘(1) To recognize the unique educational needs of Alaska
Natives.
‘‘(2) To authorize the development of supplemental edu-
cational programs to benefit Alaska Natives.
‘‘(3) To supplement existing programs and authorities in
the area of education to further the purposes of this part.
‘‘(4) To provide direction and guidance to appropriate Fed-
eral, State and local agencies to focus resources, including
resources made available under this part, on meeting the edu-
cational needs of Alaska Natives.
‘‘SEC. 7304. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized
to make grants to, or enter into contracts with, Alaska Native
organizations, educational entities with experience in devel-
oping or operating Alaska Native programs or programs of
instruction conducted in Alaska Native languages, cultural and
community-based organizations with experience in developing
or operating programs to benefit Alaska Natives, and consortia
of organizations and entities described in this paragraph to
carry out programs that meet the purposes of this part.
‘‘(2) PERMISSIBLE ACTIVITIES.—Activities provided through
programs carried out under this part may include the following:
H. R. 1—520
‘‘(A) The development and implementation of plans,
methods, and strategies to improve the education of Alaska
Natives.
‘‘(B) The development of curricula and educational pro-
grams that address the educational needs of Alaska Native
students, including the following:
‘‘(i) Curriculum materials that reflect the cultural
diversity or the contributions of Alaska Natives.
‘‘(ii) Instructional programs that make use of
Native Alaskan languages.
‘‘(iii) Networks that introduce successful programs,
materials, and techniques to urban and rural schools.
‘‘(C) Professional development activities for educators,
including the following:
‘‘(i) Programs to prepare teachers to address the
cultural diversity and unique needs of Alaska Native
students.
‘‘(ii) In-service programs to improve the ability of
teachers to meet the unique needs of Alaska Native
students.
‘‘(iii) Recruitment and preparation of teachers who
are Alaska Native, reside in communities with high
concentrations of Alaska Native students, or are likely
to succeed as teachers in isolated, rural communities
and engage in cross-cultural instruction in Alaska.
‘‘(D) The development and operation of home instruc-
tion programs for Alaska Native preschool children, to
ensure the active involvement of parents in their children’s
education from the earliest ages.
‘‘(E) Family literacy services.
‘‘(F) The development and operation of student enrich-
ment programs in science and mathematics that—
‘‘(i) are designed to prepare Alaska Native students
from rural areas, who are preparing to enter secondary
school, to excel in science and math;
‘‘(ii) provide appropriate support services to the
families of such students that are needed to enable
such students to benefit from the programs; and
‘‘(iii) may include activities that recognize and sup-
port the unique cultural and educational needs of
Alaska Native children, and incorporate appropriately
qualified Alaska Native elders and seniors.
‘‘(G) Research and data collection activities to deter-
mine the educational status and needs of Alaska Native
children and adults.
‘‘(H) Other research and evaluation activities related
to programs carried out under this part.
‘‘(I) Remedial and enrichment programs to assist
Alaska Native students in performing at a high level on
standardized tests.
‘‘(J) Education and training of Alaska Native students
enrolled in a degree program that will lead to certification
or licensing as teachers.
‘‘(K) Parenting education for parents and caregivers
of Alaska Native children to improve parenting and
caregiving skills (including skills relating to discipline and
H. R. 1—521
cognitive development), including parenting education pro-
vided through in-home visitation of new mothers.
‘‘(L) Cultural education programs operated by the
Alaska Native Heritage Center and designed to share the
Alaska Native culture with students.
‘‘(M) A cultural exchange program operated by the
Alaska Humanities Forum and designed to share Alaska
Native culture with urban students in a rural setting,
which shall be known as the Rose Cultural Exchange Pro-
gram.
‘‘(N) Activities carried out through Even Start pro-
grams carried out under subpart 3 of part B of title I
and Head Start programs carried out under the Head Start
Act, including the training of teachers for programs
described in this subparagraph.
‘‘(O) Other early learning and preschool programs.
‘‘(P) Dropout prevention programs such as the Cook
Inlet Tribal Council’s Partners for Success program.
‘‘(Q) An Alaska Initiative for Community Engagement
program.
‘‘(R) Career preparation activities to enable Alaska
Native children and adults to prepare for meaningful
employment, including programs providing tech-prep, men-
toring, training, and apprenticeship activities.
‘‘(S) Provision of operational support and purchasing
of equipment, to develop regional vocational schools in rural
areas of Alaska, including boarding schools, for Alaska
Native students in grades 9 through 12, or at higher levels
of education, to provide the students with necessary
resources to prepare for skilled employment opportunities.
‘‘(T) Other activities, consistent with the purposes of
this part, to meet the educational needs of Alaska Native
children and adults.
‘‘(3) HOME INSTRUCTION PROGRAMS.—Home instruction pro-
grams for Alaska Native preschool children carried out under
paragraph (2)(D) may include the following:
‘‘(A) Programs for parents and their infants, from the
prenatal period of the infant through age 3.
‘‘(B) Preschool programs.
‘‘(C) Training, education, and support for parents in
such areas as reading readiness, observation, story telling,
and critical thinking.
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than
5 percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
‘‘(c) PRIORITIES.—In awarding grants or contracts to carry out
activities described in subsection (a)(2), except for activities listed
in subsection (d)(2), the Secretary shall give priority to applications
from Alaska Native regional nonprofit organizations, or consortia
that include at least one Alaska Native regional nonprofit organiza-
tion.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section such sums as may be necessary for
fiscal year 2002 and each of the 5 succeeding fiscal years.
H. R. 1—522
‘‘(2) AVAILABILITY OF FUNDS.—Of the funds appropriated
and made available under this section for a fiscal year, the
Secretary shall make available—
‘‘(A) not less than $1,000,000 to support activities
described in subsection (a)(2)(K);
‘‘(B) not less than $1,000,000 to support activities
described in subsection (a)(2)(L);
‘‘(C) not less than $1,000,000 to support activities
described in subsection (a)(2)(M);
‘‘(D) not less than $2,000,000 to support activities
described in subsection (a)(2)(P); and
‘‘(E) not less than $2,000,000 to support activities
described in subsection (a)(2)(Q).
‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS.
‘‘(a) APPLICATION REQUIRED.—No grant may be made under
this part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an applica-
tion to the Secretary in such form, in such manner, and containing
such information as the Secretary may determine necessary to
carry out the provisions of this part.
‘‘(b) APPLICATIONS.—A State educational agency or local edu-
cational agency may apply for an award under this part only
as part of a consortium involving an Alaska Native organization.
The consortium may include other eligible applicants.
‘‘(c) CONSULTATION REQUIRED.—Each applicant for an award
under this part shall provide for ongoing advice from and consulta-
tion with representatives of the Alaska Native community.
‘‘(d) 
LOCAL
EDUCATIONAL
AGENCY
COORDINATION.—Each
applicant for an award under this part shall inform each local
educational agency serving students who would participate in the
program to be carried out under the grant or contract about the
application.
‘‘SEC. 7306. DEFINITIONS.
‘‘In this part:
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the
same meaning as the term ‘Native’ has in section 3(b) of the
Alaska Native Claims Settlement Act.
‘‘(2) ALASKA
NATIVE
ORGANIZATION.—The term ‘Alaska
Native organization’ means a federally recognized tribe, consor-
tium of tribes, regional nonprofit Native association, and
another organization that—
‘‘(A) has or commits to acquire expertise in the edu-
cation of Alaska Natives; and
‘‘(B) has Alaska Natives in substantive and policy-
making positions within the organization.’’.
SEC. 702. CONFORMING AMENDMENTS.
(a) HIGHER EDUCATION ACT OF 1965.—Section 317(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is amended—
(1) in paragraph (1), by striking ‘‘section 9308’’ and
inserting ‘‘section 7306’’; and
(2) in paragraph (3), by striking ‘‘section 9212’’ and
inserting ‘‘section 7207’’.
(b) PUBLIC LAW 88–210.—Section 116 of Public Law 88–210
(as added by section 1 of Public Law 105–332 (112 Stat. 3076))
H. R. 1—523
is amended by striking ‘‘section 9212 of the Native Hawaiian Edu-
cation Act (20 U.S.C. 7912)’’ and inserting ‘‘section 7207 of the
Native Hawaiian Education Act’’.
(c) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION
ACT OF 1998.—Section 116(a)(5) of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is
amended by striking ‘‘section 9212’’ and all that follows and
inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.
(d) MUSEUM AND LIBRARY SERVICES ACT.—Section 261 of the
Museum and Library Services Act (20 U.S.C. 9161) is amended
by striking ‘‘section 9212 of the Native Hawaiian Education Act
(20 U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native
Hawaiian Education Act’’.
(e) ACT
OF APRIL 16, 1934.—Section 5 of the Act of April
16, 1934 (commonly known as the ‘‘Johnson-O’Malley Act’’) (88
Stat. 2213; 25 U.S.C. 456) is amended by striking ‘‘section
9104(c)(4)’’ and inserting ‘‘section 7114(c)(4)’’.
(f) NATIVE AMERICAN LANGUAGES ACT.—Section 103 of the
Native American Languages Act (25 U.S.C. 2902) is amended—
(1) in paragraph (2), by striking ‘‘section 9161(4) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7881(4))’’ and inserting ‘‘section 7151(3) of the Elementary and
Secondary Education Act of 1965’’; and
(2) in paragraph (3), by striking ‘‘section 9212(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7912(1))’’ and inserting ‘‘section 7207 of the Elementary and
Secondary Education Act of 1965’’.
(g) WORKFORCE INVESTMENT ACT OF 1998.—Section 166(b)(3)
of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3))
is amended by striking ‘‘paragraphs (1) and (3), respectively, of
section 9212 of the Native Hawaiian Education Act (20 U.S.C.
7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian Edu-
cation Act’’.
(h) ASSETS FOR INDEPENDENCE ACT.—Section 404(11) of the
Assets for Independence Act (42 U.S.C. 604 note) is amended by
striking ‘‘section 9212 of the Native Hawaiian Education Act (20
U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian
Education Act’’.
SEC. 703. SAVINGS PROVISIONS.
Funds appropriated for parts A, B, and C of title IX of the
Elementary and Secondary Education Act of 1965 (as in effect
on the day before the date of enactment of this Act) shall be
available for use under parts A, B, and C, respectively, of title
VII of such Act, as added by this section.
TITLE VIII—IMPACT AID PROGRAM
SEC. 801. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
(a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.—Section
8002(h)(1) (20 U.S.C. 7702(h)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘and was eligible to
receive a payment under section 2 of the Act of September
30, 1950’’ and inserting ‘‘and that filed, or has been determined
pursuant to statute to have filed a timely application, and
H. R. 1—524
met, or has been determined pursuant to statute to meet,
the eligibility requirements of section 2(a)(1)(C) of the Act of
September 30, 1950’’; and
(2) in subparagraph (B), by striking ‘‘(or if the local edu-
cational agency was not eligible to receive a payment under
such section 2 for fiscal year 1994’’ and inserting ‘‘(or if the
local educational agency did not meet, or has not been deter-
mined pursuant to statute to meet, the eligibility requirements
of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal
year 1994’’.
(b) PAYMENTS FOR 1995 RECIPIENTS.—Section 8002(h)(2) (20
U.S.C. 7702(h)(2)) is amended—
(1) in subparagraph (A), by adding at the end before the
period ‘‘, or whose application under this section for fiscal
year 1995 was determined pursuant to statute to be timely
filed for purposes of payments for subsequent fiscal years’’;
and
(2) in subparagraph (B)(ii), by striking ‘‘for each local edu-
cational agency that received a payment under this section
for fiscal year 1995’’ and inserting ‘‘for each local educational
agency described in subparagraph (A)’’.
(c) REMAINING
FUNDS.—Section 8002(h)(4)(B) (20 U.S.C.
7702(h)(4)(B)) is amended—
(1) by striking ‘‘(in the same manner as percentage shares
are determined for local educational agencies under paragraph
(2)(B)(ii))’’ and inserting ‘‘(by dividing the maximum amount
that the agency is eligible to receive under subsection (b) by
the total of the maximum amounts for all such agencies)’’;
and
(2) by striking ‘‘, except that for the purpose of calculating
a local educational agency’s assessed value of the Federal prop-
erty’’ and inserting ‘‘, except that, for the purpose of calculating
a local educational agency’s maximum amount under subsection
(b)’’.
(d) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section
8002 (20 U.S.C. 7702) is amended by striking subsection (j).
(e) MINIMUM PAYMENT WITH RESPECT TO LOSS OF ELIGIBILITY
OF CERTAIN LOCAL EDUCATIONAL AGENCIES.—Section 8002 (20
U.S.C. 7702) is amended by adding at the end the following:
‘‘(n) LOSS OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this section, the Secretary shall make a minimum payment
to a local educational agency described in paragraph (2), for
the first fiscal year that the agency loses eligibility for assist-
ance under this section as a result of property located within
the school district served by the agency failing to meet the
definition of Federal property under section 8013(5)(C)(iii), in
an amount equal to 90 percent of the amount received by
the agency under this section for the preceding year.
‘‘(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local edu-
cational agency described in this paragraph is an agency that—
‘‘(A) was eligible for, and received, a payment under
this section for fiscal year 2002; and
‘‘(B) beginning in fiscal year 2003 or a subsequent
fiscal year, is no longer eligible for payments under this
section as provided for in subsection (a)(1)(C) as a result
H. R. 1—525
of the transfer of the Federal property involved to a non-
Federal entity.’’.
(f) APPLICATION
FOR PAYMENT.—Notwithstanding any other
provision of law, the Secretary shall treat as timely filed an applica-
tion under section 8002 (20 U.S.C. 7702) from Academy School
District 20, Colorado, for a payment for fiscal year 1999, and shall
process that application from funds appropriated for that section
for fiscal year 2001.
SEC. 802. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL-
DREN.
(a) ELIGIBILITY FOR CERTAIN HEAVILY IMPACTED LOCAL EDU-
CATIONAL AGENCIES.—
(1) 
IN
GENERAL.—Section 
8003(b)(2)(C) 
(20 
U.S.C.
7703(b)(2)(C)) is amended—
(A) in clauses (i) and (ii), by inserting after ‘‘Federal
military installation’’ each place it appears the following:
‘‘(or if the agency is a qualified local educational agency
as described in clause (iv))’’; and
(B) by adding at the end the following:
‘‘(iv) QUALIFIED LOCAL EDUCATIONAL AGENCY.—A
qualified local educational agency described in this
clause is an agency that meets the following require-
ments:
‘‘(I) The boundaries of the agency are the same
as island property designated by the Secretary
of the Interior to be property that is held in trust
by the Federal Government.
‘‘(II) The agency has no taxing authority.
‘‘(III) The agency received a payment under
paragraph (1) for fiscal year 2001.’’.
(2) EFFECTIVE
DATE.—The Secretary shall consider an
application for a payment under section 8003(b)(2) for fiscal
year 2002 from a qualified local educational agency described
in section 8003(b)(2)(C)(iv), as added by paragraph (1), as
meeting the requirements of section 8003(b)(2)(C)(iii), and shall
provide a payment under section 8003(b)(2) for fiscal year 2002,
if the agency submits to the Secretary an application for pay-
ment under such section not later than 30 days after the
date of enactment of this Act.
(b) APPLICATIONS FOR PAYMENT.—
(1) WARNER PUBLIC SCHOOLS, MUSKOGEE COUNTY, OKLA-
HOMA.—Notwithstanding any other provision of law, the Sec-
retary of Education shall treat as timely filed an application
under section 8003 (20 U.S.C. 7703) from Warner Public
Schools, Muskogee County, Oklahoma, for a payment for fiscal
year 2002, and shall process that application for payment,
if the Secretary has received the fiscal year 2002 application
not later than 30 days after the date of enactment of this
Act.
(2) PINE POINT SCHOOL, SCHOOL DISTRICT 25, MINNESOTA.—
Notwithstanding any other provision of law, the Secretary shall
treat as timely filed an application under section 8003 (20
U.S.C. 7703) from Pine Point School, School District 25, Min-
nesota, for a payment for fiscal year 2002, and shall process
that application for payment, if the Secretary has received
H. R. 1—526
the fiscal year 2002 application not later than 30 days after
the date of enactment of this Act.
SEC. 803. CONSTRUCTION.
Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as
follows:
‘‘(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS
AUTHORIZED.—
‘‘(1) IN GENERAL.—From 60 percent of the amount appro-
priated for each fiscal year under section 8014(e), the
Secretary—
‘‘(A) shall award emergency grants in accordance with
this subsection to eligible local educational agencies to
enable the agencies to carry out emergency repairs of school
facilities; and
‘‘(B) shall award modernization grants in accordance
with this subsection to eligible local educational agencies
to enable the agencies to carry out the modernization of
school facilities.
‘‘(2) PRIORITY.—In approving applications from local edu-
cational agencies for emergency grants and modernization
grants under this subsection, the Secretary shall give priority
to applications in accordance with the following:
‘‘(A) The Secretary shall first give priority to applica-
tions for emergency grants from local educational agencies
that meet the requirements of paragraph (3)(A) and, among
such applications for emergency grants, shall give priority
to those applications of local educational agencies based
on the severity of the emergency, as determined by the
Secretary.
‘‘(B) The Secretary shall next give priority to applica-
tions for emergency grants from local educational agencies
that meet the requirements of subparagraph (C) or (D)
of paragraph (3) and, among such applications for emer-
gency grants, shall give priority to those applications of
local educational agencies based on the severity of the
emergency, as determined by the Secretary.
‘‘(C) The Secretary shall next give priority to applica-
tions for modernization grants from local educational agen-
cies that meet the requirements of paragraph (3)(B) and,
among such applications for modernization grants, shall
give priority to those applications of local educational agen-
cies based on the severity of the need for modernization,
as determined by the Secretary.
‘‘(D) The Secretary shall next give priority to applica-
tions for modernization grants from local educational agen-
cies that meet the requirements of subparagraph (C) or
(D) of paragraph (3) and, among such applications for mod-
ernization grants, shall give priority to those applications
of local educational agencies based on the severity of the
need for modernization, as determined by the Secretary.
‘‘(3) ELIGIBILITY REQUIREMENTS.—
‘‘(A) EMERGENCY GRANTS.—A local educational agency
is eligible to receive an emergency grant under paragraph
(2)(A) if—
H. R. 1—527
‘‘(i) the agency (or in the case of a local educational
agency that does not have the authority to tax or
issue bonds, the agency’s fiscal agent)—
‘‘(I) has no practical capacity to issue bonds;
‘‘(II) has minimal capacity to issue bonds and
is at not less than 75 percent of the agency’s
limit of bonded indebtedness; or
‘‘(III) does not meet the requirements of sub-
clauses (I) and (II) but is eligible to receive funds
under section 8003(b)(2) for the fiscal year; and
‘‘(ii) the agency is eligible to receive assistance
under subsection (a) for the fiscal year and has a
school facility emergency, as determined by the Sec-
retary, that poses a health or safety hazard to the
students and school personnel assigned to the school
facility.
‘‘(B) MODERNIZATION
GRANTS.—A local educational
agency is eligible to receive a modernization grant under
paragraph (2)(C) if—
‘‘(i) the agency is eligible to receive assistance
under this title for the fiscal year;
‘‘(ii) the agency (or in the case of a local educational
agency that does not have the authority to tax or
issue bonds, the agency’s fiscal agent) meets the
requirements of subclause (I), (II), or (III) of subpara-
graph (A)(i); and
‘‘(iii) the agency has facility needs resulting from
the presence of the Federal Government, such as the
enrollment of federally connected children, the pres-
ence of tax-exempt Federal property, or an increase
in enrollment due to the expansion of Federal activi-
ties, housing privatization, or the acquisition of Federal
property.
‘‘(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND MOD-
ERNIZATION
GRANTS.—(i) A local educational agency is
eligible to receive an emergency grant or a modernization
grant under subparagraph (B) or (D) of paragraph (2),
respectively, if the agency meets the following require-
ments:
‘‘(I) The agency receives a basic support payment
under section 8003(b) for the fiscal year and the agency
meets at least one of the following requirements:
‘‘(aa) The number of children determined
under section 8003(a)(1)(C) for the agency for the
preceding school year constituted at least 40 per-
cent of the total student enrollment in the schools
of the agency during the preceding school year.
‘‘(bb) The number of children determined
under subparagraphs (B) and (D)(i) of section
8003(a)(1) for the agency for the preceding school
year constituted at least 40 percent of the total
student enrollment in the schools of the agency
during the preceding school year.
‘‘(II) The agency (or in the case of a local edu-
cational agency that does not have the authority to
tax or issue bonds, the agency’s fiscal agent) is at
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not less than 75 percent of the agency’s limit of bonded
indebtedness.
‘‘(III) The agency has an assessed value of real
property per student that may be taxed for school
purposes that is less than the average of the assessed
value of real property per student that may be taxed
for school purposes in the State in which the local
educational agency is located.
‘‘(ii) A local educational agency is also eligible to receive
a modernization grant under this subparagraph if the
agency is eligible to receive assistance under section 8002
for the fiscal year and meets the requirements of subclauses
(II) and (III) of clause (i).
‘‘(D) SPECIAL RULE.—
‘‘(i) IN GENERAL.—Any school described in clause
(ii) that desires to receive an emergency grant or a
modernization grant under subparagraph (B) or (D)
of paragraph (2), respectively, shall, except as provided
in the following sentence, submit an application in
accordance with paragraph (6), and shall otherwise
be treated as a local educational agency for the purpose
of this subsection. The school shall submit an applica-
tion for the grant to the local educational agency of
such school and the agency shall submit the application
on behalf of the school to the Secretary.
‘‘(ii) SCHOOL
DESCRIBED.—A school described in
this clause is a school that meets the following require-
ments:
‘‘(I) The school is located within the geographic
boundaries of a local educational agency that does
not meet the applicable eligibility requirements
under subparagraph (A), (B), or (C) for a grant
under this subsection.
‘‘(II) The school meets at least one of the fol-
lowing requirements:
‘‘(aa) The number of children determined
under section 8003(a)(1)(C) for the school for
the preceding school year constituted at least
40 percent of the total student enrollment in
the school during the preceding school year.
‘‘(bb) The number of children determined
under subparagraphs (B) and (D)(i) of section
8003(a)(1) for the school for the preceding
school year constituted at least 40 percent of
the total student enrollment in the school
during the preceding school year.
‘‘(III) The school is located within the
geographic boundaries of a local educational
agency that meets the requirements of subclauses
(II) and (III) of subparagraph (C)(i).
‘‘(E) 
RULE
OF
CONSTRUCTION.—For 
purposes 
of
subparagraph (A)(i), a local educational agency—
‘‘(i) has no practical capacity to issue bonds if
the total assessed value of real property that may
be taxed for school purposes is less than $25,000,000;
and