[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 91 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 91

 To amend the Native American Languages Act to provide for the support 
 of Native American Language Survival Schools, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Inouye (for himself and Mr. Akaka) introduced the following bill 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Native American Languages Act to provide for the support 
 of Native American Language Survival Schools, 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 American Languages Act 
Amendments Act of 2001''.

 SEC. 2. PURPOSE.

    The purposes of this Act are to--
            (1) encourage and support the development of Native 
        American Language Survival Schools as innovative means of 
        addressing the effects of past discrimination against Native 
        American language speakers and to support the revitalization of 
        such languages through education in Native American languages 
        and through instruction in other academic subjects using Native 
        American languages as an instructional medium, consistent with 
        United States policy as expressed in the Native American 
        Languages Act (25 U.S.C. 2901 et seq.);
            (2) demonstrate the positive effects of Native American 
        Language Survival Schools on the academic success of Native 
        American students and their mastery of standard English;
            (3) encourage and support the involvement of families in 
        the educational and cultural survival efforts of Native 
        American Language Survival Schools;
            (4) encourage communication, cooperation, and educational 
        exchange among Native American Language Survival Schools and 
        their administrators;
            (5) provide support for Native American Language Survival 
        School facilities and endowments;
            (6) provide support for Native American Language Nests 
        either as part of Native American Language Survival Schools or 
        as separate programs that will be developed into more 
        comprehensive Native American Language Survival Schools;
            (7) support the development of local and national models 
        that can be disseminated to the public and made available to 
        other schools as exemplary methods of teaching Native American 
        students; and
            (8) develop a support center system for Native American 
        Survival Schools at the university level.

 SEC. 3. DEFINITIONS.

    Section 103 of Public Law 101-477 (25 U.S.C. 2902) is amended to 
read as follows:

                             ``definitions

    ``Sec. 103. In this Act:
            ``(1) Indian.--The term `Indian' has the meaning given that 
        term in section 9161 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7881).
            ``(2) Indian tribal government.--The term `Indian tribal 
        government' has the meaning given that term in section 502 of 
        Public Law 95-134 (42 U.S.C. 4368b).
            ``(3) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(4) Indian reservation.--The term `Indian reservation' 
        has the meaning given the term `reservation' in section 3 of 
        the Indian Financing Act of 1974 (25 U.S.C. 1452).
            ``(5) Native american.--The term `Native American' means an 
        Indian, Native Hawaiian, or Native American Pacific Islander.
            ``(6) Native american language.--The term `Native American 
        language' means the historical, traditional languages spoken by 
        Native Americans.
            ``(7) Native american language college.--The term `Native 
        American Language College' means--
                    ``(A) a tribally-controlled community college or 
                university (as defined in section 2 of the Tribally-
                Controlled Community College or University Assistance 
                Act of 1978 (25 U.S.C. 1801)) or a college applying for 
                a Native American Language Survival School in a Native 
                American language which that college regularly offers 
                as part of its curriculum and which has the support of 
                an Indian tribal government traditionally affiliated 
                with that Native American language; or
                    ``(B) Ka Haka `Ula O Ke'elikolani College.
            ``(8) Native american language educational organization.--
        The term `Native American Language Educational Organization' 
        means an organization that--
                    ``(A) is governed by a board consisting primarily 
                of Native Americans and as many speakers of 1 or more 
                Native American languages as possible;
                    ``(B) is currently providing instruction through 
                the use of a Native American language to at least 10 
                preschool, elementary, or high school students for at 
                least 700 hours of instruction per year per student;
                    ``(C) has provided such instruction for at least 10 
                preschool, elementary, or high school students through 
                a Native American language for at least 700 hours per 
                year per student for not less than 3 years prior to 
                applying for a grant under this Act; and
                    ``(D) may be a public school that meets the 
                requirements of subparagraphs (A), (B), and (C).
            ``(9) Native american language nest.--The term `Native 
        American Language Nest' means a site-based educational program 
        enrolling families with children below the age of 7 which is 
conducted through a Native American language for at least 700 hours per 
year per student with the specific goal of strengthening, revitalizing, 
or reestablishing a Native American language and culture as a living 
language and culture of daily life.
            ``(10) Native american language survival school.--The term 
        `Native American Language Survival School' means a Native 
        American language dominant site-based educational program which 
        expands from a Native American Language Nest, either as a 
        separate entity or inclusive of a Native American Language 
        Nest, to enroll families with children eligible for elementary 
        or secondary education and which provides a complete education 
        through a Native American language with the specific goal of 
        strengthening, revitalizing, or reestablishing a Native 
        American language and culture as a living language and culture 
        of daily life.
            ``(11) Native american pacific islander.--The term `Native 
        American Pacific Islander' means any descendant of the 
        aboriginal people of any island in the Pacific Ocean that is a 
        territory or possession of the United States.
            ``(12) Native hawaiian.--The term `Native Hawaiian' has the 
        meaning given that term in section 9212 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7912).
            ``(13) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(14) Traditional leaders.--The term `traditional leaders' 
        includes Native Americans who have special expertise in Native 
        American culture and Native American languages.
            ``(15) Tribal organization.--The term `tribal organization' 
        has the meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b).''.

 SEC. 4. NATIVE AMERICAN LANGUAGE NESTS AND SURVIVAL SCHOOLS.

    Title I of Public Law 101-477 (25 U.S.C. 2901 et seq.) is amended 
by adding at the end the following new sections:

                          ``general authority

                    ``native american language nests

    ``Sec. 108. (a) In General.--The Secretary is authorized to provide 
funds, through grant or contract, to Native American Language 
Educational Organizations, Native American Language Colleges, Indian 
tribal governments, organizations that demonstrate the potential to 
become Native American Language Educational Organizations, or a 
consortia of such organizations, colleges, or tribal governments for 
the purpose of establishing Native American Language Nest programs for 
students below the age of 7 and their families.
    ``(b) Requirements.--A Native American Language Nest program 
receiving funds under this section shall--
            ``(1) provide instruction and child care through the use of 
        a Native American language for at least 10 children below the 
        age of 7 for at least 700 hours per year per student;
            ``(2) provide compulsory classes for parents of students 
        enrolled in a Native American Language Nest in a Native 
        American language, including Native American language-speaking 
        parents;
            ``(3) provide compulsory monthly meetings for parents and 
        other family members of students enrolled in a Native American 
        Language Nest;
            ``(4) provide a preference in enrollment for students and 
        families who are fluent in a Native American language;
            ``(5) receive at least 5 percent of its funding from 
        another source, which may include federally funded programs, 
        such as a Head Start program funded under the Head Start Act 
        (42 U.S.C. 9801 et seq.); and
            ``(6) ensure that a Native American language becomes the 
        dominant medium of instruction in the Native American Language 
        Nest within a period of 6 years of receiving funding under this 
        Act.

              ``native american language survival schools

    ``Sec. 109. (a) In General.--The Secretary is authorized to provide 
funds, through grant or contract, to Native American Language 
Educational Organizations, Native American Language Colleges, Indian 
tribal governments, or a consortia of such organizations, colleges, or 
tribal governments to operate, expand, and increase Native American 
Language Survival Schools throughout the United States and its 
territories for Native American children and Native American language-
speaking children, including through the provision of direct 
educational services and school support services.
    ``(b) Eligibility.--As a condition of receiving funds under 
subsection (a), a Native American Language Educational Organization, a 
Native American Language College, an Indian tribal government, or a 
consortia of such organizations, colleges, or tribal governments--
            ``(1) shall--
                    ``(A) have at least 3 years experience in operating 
                and administering a Native American Language Survival 
                School, a Native American Language Nest, or other 
                educational programs in which instruction is conducted 
                in a Native American language; and
                    ``(B) include students who are subject to State 
                compulsory education laws; and
            ``(2) may include students from infancy through grade 12, 
        as well as their families.
    ``(c) Priority.--In making grants or entering into contracts, the 
Secretary shall give priority to--
            ``(1) the provision of direct educational services;
            ``(2) applicants with the support of the appropriate tribal 
        government or governments; and
            ``(3) applicants that have researched language 
        revitalization and the unique characteristics and circumstances 
        of the languages of their schools.
    ``(d) Use of Funds.--
            ``(1) Required uses.--A Native American Language Survival 
        School receiving funds under this section shall--
                    ``(A) consist of not less than 700 hours of 
                instruction per student conducted annually through a 
                Native American language or languages for at least 15 
                students for whom a Native American Language Survival 
School is their principal place of instruction;
                    ``(B) provide direct educational services and 
                school support services to students that may also 
                include--
                            ``(i) support services for children with 
                        special needs;
                            ``(ii) transportation;
                            ``(iii) boarding;
                            ``(iv) food service;
                            ``(v) teacher and staff housing;
                            ``(vi) purchase of basic materials;
                            ``(vii) adaptation of teaching materials;
                            ``(viii) translation and development; or
                            ``(ix) other appropriate services;
                    ``(C) provide direct or indirect educational and 
                support services for the families of enrolled students 
                on site, through colleges, or through other means to 
                increase their knowledge and use of the Native American 
                language and culture, and may impose a requirement of 
                family participation as a condition of student 
                enrollment; and
                    ``(D) ensure that within 3 years of enrollment, all 
                students achieve functional fluency appropriate to the 
                unique circumstances and endangerment status of that 
                Native American language with the ultimate goal of 
                academic or cognitive fluency.
            ``(2) Permissible uses.--A Native American Language 
        Survival School receiving funds under this section may--
                    ``(A) include Native American Language Nests and 
                other educational programs for students who are not 
                Native American language speakers but who seek to 
                establish fluency through instruction in a Native 
                American language or to reestablish fluency as 
                descendants of Native American language speakers;
                    ``(B) provide instruction through more than 1 
                language;
                    ``(C) provide instruction through a regional 
                program (as opposed to 1 site) to better serve 
                geographically dispersed students;
                    ``(D) include a program of concurrent and summer 
                college or university education course enrollment for 
                secondary school students enrolled in Native American 
                Language Survival Schools, as appropriate;
                    ``(E) provide special support for Native American 
                languages for which there are very few or no remaining 
                Native American language speakers;
                    ``(F) develop comprehensive curricula in Native 
                American language instruction and instruction through 
                Native American languages including--
                            ``(i) curricula that can be used by public 
                        schools for instruction through a Native 
                        American language or teaching Native American 
                        languages as subjects;
                            ``(ii) community Native American language 
                        use in communities served by Native American 
                        Language Survival Schools; and
                            ``(iii) knowledge of a specific Native 
                        American language gained through research for 
                        the purpose of directly aiding the development 
                        of curriculum materials;
                    ``(G) provide programs in pre-service and in-
                service teacher training, staff training, personnel 
                development programs, programs to upgrade teacher and 
                staff skills, and community resource development 
                training, that shall include a program component which 
                has as its objective increased Native American language 
                speaking proficiency for teachers and staff employed in 
                Native American Language Survival Schools and Native 
                American Language Nests, which may include--
                            ``(i) visits or exchanges among Native 
                        American Language Survival Schools and Native 
                        American Language Nests of school or nest 
                        teachers, staff, students, or families of 
                        students;
                            ``(ii) participation in conference or 
                        special nondegree programs focusing on the use 
                        of a Native American language or languages for 
                        the education of students, teachers, staff, 
                        students, or families of students;
                            ``(iii) full or partial scholarships and 
                        fellowships to colleges or universities for the 
                        professional development of faculty and staff, 
                        and to meet requirements for the involvement of 
                        the family or the community of Native American 
                        Language Survival School students in Native 
                        American Language Survival Schools, and to 
                        develop resource persons for Native American 
                        language programs in public schools, provided 
                        that a recipient of a fellowship or scholarship 
                        awarded under the authority of this clause who 
                        is enrolled in a program leading to a degree or 
                        certificate shall--
                                    ``(I) be trained in the Native 
                                American language of the Native 
                                American Language Survival School, if 
                                such program is available through that 
                                Native American language;
                                    ``(II) complete a minimum annual 
                                number of hours in Native American 
                                language study or training during the 
                                period of the fellowship or 
                                scholarship; and
                                    ``(III) enter into a contract which 
                                obligates the recipient to provide his 
                                or her professional services, either 
                                during the fellowship or scholarship 
                                period or upon completion of a degree 
                                or certificate, in Native American 
                                language instruction in the Native 
                                American language associated with 
the Native American Language Survival School in which the service 
obligation is to be fulfilled;
                            ``(iv) training in the language and culture 
                        associated with a Native American Language 
                        Survival School either under community or 
                        academic experts in programs which may include 
                        credit courses;
                            ``(v) structuring of personnel operations 
                        to support Native American language and 
                        cultural fluency and program effectiveness;
                            ``(vi) Native American language planning, 
                        documentation, reference material and archives 
                        development; or
                            ``(vii) recruitment for participation in 
                        teacher, staff, student, and community 
                        development; or
                    ``(H) rent, lease, purchase, construct, maintain or 
                repair educational facilities to ensure the academic 
                achievement of Native American Language Survival School 
                students.

       ``demonstration programs regarding linguistics assistance

    ``Sec. 110. (a) Demonstration Programs.--The Secretary shall 
provide funds, through grant or contract, for the establishment of 3 
demonstration programs that will provide assistance to Native American 
Language Survival Schools and Native American Language Nests. Such 
demonstration programs shall be established at--
            ``(1) Ka Haka `Ula O Ke`elikolani College of the University 
        of Hawaii at Hilo, in consortium with the `Aha Punana Leo, 
        Inc., and with other entities if deemed appropriate by such 
        College, to--
                    ``(A) conduct a demonstration program in the 
                development and operation of the various components of 
                a regional Native American Language Survival School 
                program and college level Native American language 
                teaching and use that is supportive of Native American 
                Language Survival Schools; and
                    ``(B) provide assistance in the establishment, 
                operation, and administration of Native American 
                Language Nests and Native American Language Survival 
                Schools by such means as training, hosting 
                informational visits to demonstration sites, and 
                providing a national clearinghouse for data and 
                information relevant to teaching Native American 
                languages, outreach, courses, conferences, and other 
                means;
            ``(2) Piegan Institute of Browning, Montana to demonstrate 
        the operation of a Native American Language Nest and Survival 
        School; and
            ``(3) the Alaska Native Language Center of the University 
        of Alaska at Fairbanks, in consortium with other entities as 
        deemed appropriate by such Center, to conduct a demonstration 
        program, training, outreach, conferences, visitation programs, 
        and other assistance in developing orthographies, resource 
        materials, language documentation, language preservation, 
        material archiving, and community support development.
    ``(b) Use of Technology.--The demonstration programs authorized to 
be established under this section may employ synchronic and asynchronic 
telecommunications and other appropriate means to maintain coordination 
and cooperation with one another and with participating Native American 
Language Survival Schools and Native American Language Nests.
    ``(c) Directions to the Secretary.--The demonstration programs 
authorized to be established under this section shall provide direction 
to the Secretary in developing a site visit evaluation of Native 
American Language Survival Schools and Native American Language Nests.
    ``(d) Followup and Data Collection.--The demonstration programs 
authorized to be established under this section may conduct followup 
data collection and analysis on students while they are in school to 
assess how Survival School students are performing in comparison to 
other students, as well as identify instructional methods that are 
working and those methods which may not be working.
    ``(e) Endowments and Facilities.--The demonstration programs 
authorized to be established under this section may establish 
endowments for the purpose of furthering their activities relative to 
the study and preservation of Native American languages, and may use 
funds to provide for the rental, lease, purchase, construction, 
maintenance, and repair of facilities.

                   ``authorization of appropriations

    ``Sec. 111. There are authorized to be appropriated such sums as 
may be necessary to carry out the activities authorized by this Act for 
each of fiscal years 2002 through 2007.''.

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