108 STAT. 3796
PUBLIC LAW 103-382—OCT. 20, 1994
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 assumed special responsibilities
for Native Hawaiian lands and resources at the time of the
annexation of the Territory in 1898, upon adoption of the
Hawaiian Homes Commission Act, 1920, and upon admission
of the State of Hawai'i into the Union in 1959, and has retained
certain of those responsibilities.
"(13) In recognition of the special relationship which exists
between the United States and the Native Hawaiian people,
the Congress has extended to Native Hawaiians the same rights
and privileges accorded to American Indian, Alaska Native,
Eskimo, and Aleut communities under the Native American
Programs Act of 1974, the American Indian Religious Freedom
Act, the National Museum of the American Indian Act, the
Native American Graves Protection and Repatriation Act, the
National Historic Preservation Act, and the Native American
Languages Act.
"(14) In recognition of the special relationship which exists
between the United States and the Native Hawaiian people,
the Congress has enacted numerous special provisions of law
for the benefit of Native Hawaiians in the areas of health,
education, labor, and housing.
"(15) In 1981, the Senate instructed the Office of Education
to suljmit to the 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
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 which were related to their unique cultural
situation, such as different learning styles and low self-image.
"(16) In recognition of the educational needs of Native
Hawaiians, in 1988, the Congress enacted title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 to authorize and
develop supplemental educational programs to benefit Native
Hawaiians.
"(17) In 1993, the Kamehameha Schools Bishop Estate
released a ten-year update 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 exist for Native Hawaiians. 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) half of Native Hawaiian women who give birth
are unmarried; and
"(iii) high rates of births to teenage parents;
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