[Congressional Record Volume 145, Number 144 (Thursday, October 21, 1999)]
[Senate]
[Pages S13019-S13024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

            By Mrs. FEINSTEIN (for herself and Mrs. Boxer):

  S. 1765. A bill to prohibit post-viability abortions; to the 
Committee on the Judiciary.


                    the late-term abortion ban bill

  Mrs. FEINSTEIN. Mr. President, Senator Boxer and I today are 
introducing a bill to ban abortions after a fetus is viable.
  The bill has 3 provisions:
  (1) It bans post-viability abortions.
  (2) It provides an exception to the ban if, in the medical judgment 
of the attending physician, the abortion is necessary to preserve the 
life of the woman or to avert serious adverse health consequences to 
the woman.
  (3) It includes two civil penalties:
  For the first offense, a fine not to exceed $10,000. For the second 
offense, revocation of a physician's medical license.

[[Page S13020]]

  This amendment is similar to S. 481 which we introduced in the 
previous Congress and the amendment we offered as a substitute to the 
``partial-birth abortion bill'' when the Senate considered it. The 
major difference is that the bill we introduce today adds the penalty 
of revocation of the medical license for a second offense. S. 481 did 
not include this penalty. Both S. 481 and this bill have as the penalty 
for the first offense a $10,000 fine.
  This bill reflects my deep belief that abortions after a fetus is 
viable should not take place except in the rarest of circumstances to 
protect the life and health of the mother. That is the intent of this 
bill.
  The medical community has said that there are very occasionally very 
extraordinary and tragic circumstances when a physician may determine 
that a postviability abortion is the safest procedure for protecting a 
woman's health. These are circumstances which most of us can never 
imagine.
  Leading medical organizations say that post-viability abortions are 
rare and should be rare. They say that medical decisions should be made 
by doctors who must determine the best procedure. For example, the 
American College of Obstetricians and Gynecologists, has said:

       ACOG has never supported post-viability abortions except 
     for the constitutionally protected exception of saving the 
     life or health of a woman.
       There may be circumstances where the physician and patient 
     would reach the conclusion that this procedure [Intact 
     Dilatation and Extraction after 16 weeks of pregnancy] is the 
     most medically appropriate . . . there is a need for 
     flexibility in handling unexpected situations. . . .

  The California Medical Association wrote me, ``The determination of 
the medical need for, and effectiveness of, particular medical 
procedures must be left to the medical profession, to be reflected in 
the standard of care . . . The legislative process is ill-suited to 
evaluate complex medical procedures whose importance may vary with a 
particular patient's case and with the state of scientific knowledge.''
  Congress cannot anticipate every conceivable medical situation. Only 
the doctor, in consultation with the patient, based upon the woman's 
unique medical history and health can make this decision of how best to 
protect the woman's health.
  This substitute is designed to protect the fetus, to protect the 
woman's life and health and to give the physician the latitude to make 
the necessary medical decisions in those rarest of circumstances.
  The U.S. Supreme Court, in the 1973 Roe v. Wade decision, held that 
the woman's health must be the physician's primary concern and the 
physician must be given the discretion he or she needs to choose the 
most appropriate abortion method to protect the woman's life and 
health.
  The Supreme Court has defined ``health of the mother.'' In Doe v. 
Bolton, the Court held that the decision of whether a woman requires an 
abortion for the health of the mother is a medical judgment to ``be 
exercised in light of all factors--physical, emotional, psychological, 
familial, and the woman's age--relevant to the well-being of the 
patient.'' In so doing, the Court further recognized a doctor's 
important role in determining whether an abortion is necessary.
  I believe that the language of this bill--unlike S. 1692, Senator 
Santorum's bill and the substitute offered yesterday by Senator 
Durbin-- has a meaningful health exception for the woman and is 
constitutional.
  The decision to have an abortion--by the mother, the father, the 
physician--is never an easy one. It is the most wrenching decision any 
woman could ever have to make. It is a profoundly, impossibly difficult 
decision in the late stages of pregnancy.
  No physician would perform a postviability abortion without extended 
and serious consideration. Because the physician's action has 
consequences for human life and the action should not be undertaken 
except in the gravest of circumstances, the substitute includes two 
penalties. It creates for the first offense a $10,000 fine; for the 
second offense, revocation of the physician's license.
  I oppose post-viability abortions. They are wrong, except to save the 
mother's life and health. Late-term abortions are rare and they should 
be rare.
  I will vote against S. 1692, Senator Santorum's bill, because it is 
not constitutional. It does not include adequate protections for a 
woman's health.
  I believe this bill is a far preferable approach. Its penalties 
represent grave consequences for violations. It protects the fetus 
except in extraordinary circumstances that could have serious adverse 
consequences for the mother's health. It protects a woman's life and 
health.
  I hope my colleagues will join me in passing this bill.

      By Mr. INOUYE (for himself and Mr. Akaka):
  S. 1767. A bill to amend the Elementary and Secondary Education Act 
of 1965 to improve Native Hawaiian education programs, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.


             native hawaiian education reauthorization act

  Mr. INOUYE. Mr. President, I rise today to introduce a bill, on 
behalf of myself and Senator Akaka, that would provide for the 
reauthorization of the Native Hawaiian Education Act.
  First enacted into law in 1988 as part of the Elementary and 
Secondary Education Act, the Native Hawaiian Education Act provides 
support for the education of native Hawaiian students in furtherance of 
the United States' trust responsibility to the native people of Hawaii.
  Mr. President, I am sad to report that while these programs are 
beginning to demonstrate an improved pattern of academic performance 
and achievement, we still have a way to go, as the following statistics 
would indicate.
  Education risk factors continue to start even before birth for many 
native Hawaiian children, including late or no prenatal care, high 
rates of births to unmarried native Hawaiian mothers, and high rates of 
births to teenage parents.
  Native Hawaiian students continue to begin their school experience 
lagging behind other students in terms of readiness factors such as 
vocabulary test scores;
  Native Hawaiian students continue to score below national norms on 
standardized education achievement tests at all grade levels;
  Both public and private schools continue to show a pattern of lower 
percent ages of native Hawaiian students in the uppermost achievement 
levels and in gifted and talented programs;
  Native Hawaiian students continue to be over-represented among 
students qualifying for special education programs provided to students 
with learning disabilities, mild mental retardation, emotional 
impairment, and other such disabilities;
  Native Hawaiian continue to be under-represented in institutions of 
higher education and among adults who have completed four or more years 
of college;
  Native Hawaiian continue to be disproportionately represented in many 
negative social and physical statistics indicative of special 
educational needs, as demonstrated by the fact that--
  Native Hawaiian students are more likely to be retained in grade 
level and to be excessively absent in secondary school;
  Native Hawaiian students have the highest rates of drug and alcohol 
use in the State of Hawaii; and
  Native Hawaiian children continue to be disproportionately victimized 
by child abuse and neglect; and
  In the 1988, National Assessment of Educational Progress, Hawaiian 
fourth graders ranked 39 among groups of students from 39 States in 
reading.
  Mr. President, because Hawaiian students rank among the lowest groups 
of students nationally in reading, and because 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 Hawaii.
  Mr. President, there was a time in the history of Hawaii when there 
were very high rates of literacy and integration of traditional culture 
and Western Education among native Hawaiians. These high rates were 
attributable to the Hawaiian language-based public school system 
established in 1840 by King Kamehameha III.
  Mr. President, if we are to reverse the course of these downward 
trends in

[[Page S13021]]

educational achievement and academic performance of native Hawaiian 
students, it is critical that the initiatives authorized by the Native 
Hawaiian Education Act be reauthorized.
  Mr. President, I respectfully request unanimous consent that the text 
of this measure be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1767

       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;

[[Page S13022]]

       ``(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 2001 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;

[[Page S13023]]

       ``(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 2001 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

[[Page S13024]]

     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''.

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