[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 86 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 86

To amend the Elementary and Secondary Education Act of 1965 to improve 
      Native Hawaiian education programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

Mr. Inouye (for himself and Mr. Akaka) introduced the following bills; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to improve 
      Native Hawaiian education programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Hawaiian Education 
Reauthorization Act''.

SEC. 2. NATIVE HAWAIIAN EDUCATION.

    Part B of title IX of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7901 et seq.) is amended to read as follows:

                  ``PART B--NATIVE HAWAIIAN EDUCATION

``SEC. 9201. SHORT TITLE.

    ``This part may be cited as the `Native Hawaiian Education Act'.

``SEC. 9202. 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 non-
        indigenous people in Hawai`i 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 Hawai`i.
            ``(4) From 1826 until 1893, the United States recognized 
        the sovereignty and independence of the Kingdom of Hawai`i, 
        which was established in 1810 under Kamehameha I, extended full 
        and complete diplomatic recognition to the Kingdom of Hawai`i, 
        and entered into treaties and conventions with the Kingdom of 
        Hawai`i to govern friendship, commerce and navigation in 1826, 
        1842, 1849, 1875, and 1887.
            ``(5) In 1893, the sovereign, independent, internationally 
        recognized, and indigenous government of Hawai`i, the Kingdom 
        of Hawai`i, 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 
        citizens in the overthrow of the Kingdom of Hawai`i, in 1993 
        the United States apologized to Native Hawaiians for the 
        overthrow 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 Hawai`i, 
        including the government and crown lands of the former Kingdom 
        of Hawai`i, to the United States, but mandated that revenue 
        generated 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 
        relationship 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 Hawai`i but reaffirmed the trust 
        relationship 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 Hawai`i 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 
        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 Hawai`i 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 sovereign 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 
                comparable 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 
        reaffirmed 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 
                Repatriation 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 Job Training Partnership Act (29 U.S.C. 
                1501 et seq.) and 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 
        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 Secondary 
        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 
                overrepresented among students qualifying for special 
                education programs provided to students with learning 
                disabilities, 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 4 or more years of 
                college;
                    ``(G) Native Hawaiians continue to be 
                disproportionately represented in many negative social 
                and physical statistics indicative of special 
                educational needs, as demonstrated 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;
                            ``(ii) Native Hawaiian students have the 
                        highest rates of drug and alcohol use in the 
                        State of Hawai`i; and
                            ``(iii) Native Hawaiian children continue 
                        to be disproportionately victimized by child 
                        abuse and neglect; and
                    ``(H) Native Hawaiians now comprise over 23 percent 
                of the students served by the State of Hawai`i 
                Department of Education, and there are and will 
                continue to be geographically 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 
        education and literacy in Hawai`i.
            ``(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 Hawai`i in 
        1893, Hawaiian medium schools were banned. After annexation, 
        throughout the territorial and statehood period of Hawai`i, and 
        until 1986, use of the Hawaiian language as an instructional 
        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 `olelo no ke ola; 
        I ka `olelo no ka make. In the language rests life; In the 
        language rests death.'.
            ``(20) Despite the consequences of over 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their cultural 
        identity in accordance with their own spiritual and traditional 
        beliefs, customs, practices, language, and social institutions.
            ``(21) The State of Hawai`i, in the constitution and 
        statutes of the State of Hawai`i--
                    ``(A) reaffirms and protects the unique right of 
                the Native Hawaiian people to practice and perpetuate 
                their culture and religious customs, beliefs, 
                practices, and language; and
                    ``(B) recognizes the traditional language of the 
                Native Hawaiian people as an official language of the 
                State of Hawai`i, which may be used as the language of 
                instruction for all subjects and grades in the public 
                school system.

``SEC. 9203. PURPOSES.

    ``The purposes of this part are to--
            ``(1) authorize and develop innovative educational programs 
        to assist Native Hawaiians in reaching the National Education 
        Goals;
            ``(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 
        Hawaiians in planning and management of Native Hawaiian 
        education programs.

``SEC. 9204. 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 (referred to in this part 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 addition, 
        a representative of the State of Hawai`i 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 recommendations 
        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 Secretary shall 
make a direct grant to the Education Council in order to enable the 
Education Council to--
            ``(1) coordinate the educational and related services and 
        programs available to Native Hawaiians, including the programs 
        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, 
        relating to Native Hawaiian education, and serve, where 
        appropriate, in an advisory capacity; and
            ``(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 
        Education 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 Education 
        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 (referred to 
        individually in this part as an `island council') for the 
        following islands:
                    ``(A) Hawai`i.
                    ``(B) Maui.
                    ``(C) Moloka`i.
                    ``(D) Lana`i.
                    ``(E) O`ahu.
                    ``(F) Kaua`i.
                    ``(G) Ni`ihau.
            ``(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 \3/4\ of the members 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 4 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 Native Hawaiian Education Reauthorization Act, the Secretary 
shall prepare and submit to the Committee on Education and the 
Workforce 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 Federal, State, 
and local policy to advance the purposes of this part.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $300,000 for fiscal year 2002 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years. Funds appropriated under this subsection shall remain available 
until expended.

``SEC. 9205. 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, 
                agencies, and institutions with experience in 
developing or operating 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 youth;
                    ``(C) needs in fields or disciplines in which 
                Native Hawaiians are underemployed; and
                    ``(D) the use of the Hawaiian language in 
                instruction.
            ``(3) Permissible 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 provide 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 programs for Native Hawaiians;
                    ``(C) activities that enhance beginning reading and 
                literacy among Native Hawaiian students in kindergarten 
                through third 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
                            ``(iii) other activities consistent with 
                        the requirements 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 
                curricula to address the needs of Native Hawaiian 
                children and adults, including curriculum materials in 
                the Hawaiian language and mathematics and science 
                curricula that incorporate 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 communities 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; and
                            ``(iii) vocational and adult education 
                        programs;
                    ``(I) activities to enable Native Hawaiians to 
                enter and complete programs of postsecondary 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 financial 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
                            ``(v) faculty development activities 
                        designed to promote the matriculation of Native 
                        Hawaiian students;
                    ``(J) research and data collection activities to 
                determine the educational status and needs of Native 
                Hawaiian children 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 Hawai`i from receiving a 
                fellowship pursuant to paragraph (3)(I).
                    ``(B) Fellowship conditions.--The Secretary shall 
                establish conditions for receipt of a fellowship 
                awarded under paragraph (3)(I). The conditions shall 
                require that an individual seeking such a fellowship 
                enter into a contract to provide professional services, 
                either during the fellowship period or upon completion 
                of a program of postsecondary education, to the Native 
                Hawaiian community.
    ``(b) Administrative Costs.--Not more than 5 percent of funds 
provided to a grant recipient under this section for any fiscal year 
may be used for administrative purposes.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 2002 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.

``SEC. 9206. 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 application 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 Secretary.

``SEC. 9207. DEFINITIONS.

    ``In this part:
            ``(1) Native hawaiian.--The term `Native Hawaiian' means 
        any individual who is--
                    ``(A) a citizen of the United States; and
                    ``(B) a descendant of the aboriginal people who, 
                prior to 1778, occupied and exercised sovereignty in 
                the area that now comprises the State of Hawai`i, as 
                evidenced by--
                            ``(i) genealogical records;
                            ``(ii) Kupuna (elders) or Kama`aina (long-
                        term community residents) verification; or
                            ``(iii) certified birth records.
            ``(2) Native hawaiian community-based organization.--The 
        term `Native Hawaiian community-based organization' means any 
        organization that is composed primarily of Native Hawaiians 
        from a specific community and that assists in the social, 
        cultural, and educational development of Native Hawaiians in 
        that community.
            ``(3) Native hawaiian educational organization.--The term 
        `Native Hawaiian educational organization' means a private 
        nonprofit organization that--
                    ``(A) serves the interests of Native Hawaiians;
                    ``(B) has Native Hawaiians in substantive and 
                policymaking positions within the organization;
                    ``(C) incorporates Native Hawaiian perspective, 
                values, language, culture, and traditions into the core 
                function of the organization;
                    ``(D) has demonstrated expertise in the education 
                of Native Hawaiian youth; and
                    ``(E) has demonstrated expertise in research and 
                program development.
            ``(4) Native hawaiian language.--The term `Native Hawaiian 
        language' means the single Native American language indigenous 
        to the original inhabitants of the State of Hawai`i.
            ``(5) Native hawaiian organization.--The term `Native 
        Hawaiian organization' means a private nonprofit organization 
        that--
                    ``(A) serves the interests of Native Hawaiians;
                    ``(B) has Native Hawaiians in substantive and 
                policymaking positions within the organizations; and
                    ``(C) is recognized by the Governor of Hawai`i for 
                the purpose of planning, conducting, or administering 
                programs (or portions of programs) for the benefit of 
                Native Hawaiians.
            ``(6) Office of hawaiian affairs.--The term `Office of 
        Hawaiian Affairs' means the office of Hawaiian Affairs 
        established by the Constitution of the State of Hawai`i.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Higher Education Act of 1965.--Section 317(b)(3) of the Higher 
Education Act of 1965 (20 U.S.C. 1059d(b)(3)) is amended by striking 
``section 9212'' and inserting ``section 9207''.
    (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)) is amended by 
striking ``section 9212 of the Native Hawaiian Education Act (20 U.S.C. 
7912)'' and inserting ``section 9207 of the Native Hawaiian Education 
Act''.
    (c) 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 9207 of the Native Hawaiian Education Act''.
    (d) Native American Languages Act.--Section 103(3) of the Native 
American Languages Act (25 U.S.C. 2902(3)) is amended by striking 
``section 9212(1) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7912(1))'' and inserting ``section 9207 of the Elementary 
and Secondary Education Act of 1965''.
    (e) 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 9207 of the Native Hawaiian Education Act''.
    (f) 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 9207 of the Native Hawaiian Education Act''.
                                 <all>