[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2362 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2362

 To amend the Native American Languages Act to provide for the support 
 of Native American language survival schools, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2003

   Mr. Case (for himself, Mr. Abercrombie, and Mr. Young of Alaska) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 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 of 2003''.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To encourage and support, consistent with the policy of 
        the United States as expressed in the Native American Languages 
        Act (25 U.S.C. 2901 et seq.)--
                    (A) the development of Native American language 
                survival schools as innovative means of addressing the 
                effects of past discrimination against Native American 
                language speakers; and
                    (B) the revitalization of Native American languages 
                through--
                            (i) education in Native American languages; 
                        and
                            (ii) instruction in other academic subjects 
                        using Native American languages as an 
                        instructional medium.
            (2) To demonstrate the positive effects of Native American 
        language survival schools on the academic success of Native 
        American students and the students' mastery of standard 
        English.
            (3) To encourage and support the involvement of families in 
        the educational and cultural survival efforts of Native 
        American language survival schools.
            (4) To encourage communication, cooperation, and 
        educational exchange among Native American language survival 
        schools and the administrators of Native American language 
        survival schools.
            (5) To provide support for Native American language 
        survival school facilities and endowments.
            (6) To provide support for Native American language nests--
                    (A) as part of Native American language survival 
                schools; or
                    (B) as separate programs that will be developed 
                into more comprehensive Native American language 
                survival schools.
            (7) To 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.
            (8) To develop a support center system for Native American 
        language survival schools at the university level.

SEC. 3. DEFINITIONS.

    Section 103 of the Native American Languages Act (25 U.S.C. 2902) 
is amended to read as follows:

``SEC. 103. DEFINITIONS.

    ``In this title:
            ``(1) Elementary school.--The term `elementary school' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            ``(2) Indian.--The term `Indian' has the meaning given the 
        term in section 7151 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7491).
            ``(3) 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).
            ``(4) Indian tribal government.--The term `Indian tribal 
        government' has the meaning given the term in section 502 of 
        the Indian Environmental General Assistance Program Act of 1992 
        (42 U.S.C. 4368b).
            ``(5) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(6) Native american.--The term `Native American' means--
                    ``(A) an Indian;
                    ``(B) a Native American Pacific Islander; and
                    ``(C) a Native Hawaiian.
            ``(7) Native american language.--The term `Native American 
        language' means a historical, traditional language spoken by 
        Native Americans.
            ``(8) Native american language college.--The term `Native 
        American language college' means--
                    ``(A) a tribally controlled college or university 
                (as defined in section 2 of the Tribally Controlled 
                College or University Assistance Act of 1978 (25 U.S.C. 
                1801));
                    ``(B) a college that is applying for, or has 
                obtained, funds under section 109 for a Native American 
                language survival school in a Native American language 
                that--
                            ``(i) the college regularly offers as part 
                        of the curriculum of the college; and
                            ``(ii) has the support of an Indian tribal 
                        government traditionally affiliated with the 
                        Native American language; and
                    ``(C) Ka Haka `Ula O Ke'elikolani College.
            ``(9) Native american language educational organization.--
        The term `Native American language educational organization' 
        means an organization that--
                    ``(A) is governed by a board consisting--
                            ``(i) primarily of Native Americans; and
                            ``(ii) as many speakers of 1 or more Native 
                        American languages as practicable;
                    ``(B) is currently providing instruction through 
                the use of a Native American language to at least 10 
                preschool, elementary school, or secondary school 
                students for at least 700 hours per year per student;
                    ``(C) has provided instruction through the use of a 
                Native American language to at least 10 preschool, 
                elementary school, or secondary school students for at 
                least 700 hours per year per student for a period of 
                not less than 3 years before the date of application 
                for a grant or contract under this title; and
                    ``(D) may be a public school that meets the 
                requirements of subparagraphs (A), (B), and (C).
            ``(10) Native american language nest.--The term `Native 
        American language nest' means a site-based educational program 
        that--
                    ``(A) enrolls families with children under the age 
                of 7;
                    ``(B) is conducted through a Native American 
                language for at least 700 hours per year per student; 
                and
                    ``(C) has 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 language survival school.--The term 
        `Native American language survival school' means a site-based 
        educational program--
                    ``(A) in which a Native American language is 
                dominant;
                    ``(B) that expands from a Native American language 
                nest, as a separate entity or inclusive of a Native 
                American language nest, to enroll families with 
                children eligible for elementary school or secondary 
                school; and
                    ``(C) that 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.
            ``(12) 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.
            ``(13) Native hawaiian.--The term `Native Hawaiian' has the 
        meaning given the term in section 7207 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7517).
            ``(14) Secondary school.--The term `secondary school' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(16) Tribal organization.--The term `tribal organization' 
        has the meaning given the 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.

    The Native American Languages Act (25 U.S.C. 2901 et seq.) is 
amended by adding at the end the following:

``SEC. 108. NATIVE AMERICAN LANGUAGE NESTS.

    ``(a) In General.--The Secretary may make grants to, or enter into 
contracts with, 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 consortia of such entities for 
the purpose of establishing Native American language nests for--
            ``(1) students under the age of 7; and
            ``(2) families of the students.
    ``(b) Requirements.--A Native American language nest 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 under the 
        age of 7 for at least 700 hours per year per student;
            ``(2) provide compulsory classes in a Native American 
        language for parents of students enrolled in a Native American 
        language nest (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 the funding for the 
        program from another source, which may include any federally 
        funded program (such as a Head Start program funded under the 
        Head Start Act (42 U.S.C. 9831 et seq.)); and
            ``(6) ensure that a Native American language becomes the 
        dominant medium of instruction in the Native American language 
        nest not later than 6 years after the date on which the Native 
        American language nest first receives funding under this title.

``SEC. 109. NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOLS.

    ``(a) In General.--The Secretary may make grants to, or enter into 
contracts with, Native American language educational organizations, 
Native American language colleges, Indian tribal governments, or 
consortia of such entities, to operate, expand, and increase the number 
of Native American language survival schools throughout the United 
States and the territories of the United States for Native American 
children and Native American language-speaking children.
    ``(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 
consortium of such entities--
            ``(1) shall have at least 3 years experience in operating 
        and administering--
                    ``(A) a Native American language survival school;
                    ``(B) a Native American language nest; or
                    ``(C) any other educational program in which 
                instruction is conducted in a Native American language;
            ``(2) shall include students who are subject to State 
        compulsory education laws; and
            ``(3) may include--
                    ``(A) students from infancy through grade 12; and
                    ``(B) the families of the students.
    ``(c) Priority.--In making grants or entering into contracts under 
this section, the Secretary shall give priority to--
            ``(1) the provision of direct educational services;
            ``(2) applicants that have the support of each appropriate 
        tribal government; 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--
                    ``(A) shall consist of not less than 700 hours of 
                instruction per student conducted annually through 1 or 
                more Native American languages for at least 15 students 
                for whom a Native American language survival school is 
                their principal place of instruction;
                    ``(B) shall provide direct educational services and 
                school support services to students, which may 
                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; and
                            ``(ix) other appropriate services;
                    ``(C)(i) shall provide direct or indirect 
                educational and support services for the families of 
                enrolled students on site, through colleges, or through 
                other means to increase the families' knowledge and use 
                of the Native American language and culture; and
                    ``(ii) may impose a requirement of family 
                participation as a condition of student enrollment; and
                    ``(D) shall ensure that within 3 years of 
                enrollment, all students achieve functional fluency in 
                a Native American language that is appropriate to the 
                unique circumstances and endangerment status of the 
                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--
                            ``(i) are not Native American language 
                        speakers; but
                            ``(ii) seek--
                                    ``(I) to establish fluency through 
                                instruction in a Native American 
                                language; or
                                    ``(II) 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 the Native 
                American language survival school;
                    ``(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--
                                    ``(I) instruction through a Native 
                                American language; or
                                    ``(II) 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, upgrading of teacher and staff skills, and 
                community resource development training, that shall 
                include a program component that has as the objective 
                of the program component increased speaking proficiency 
                in Native American languages 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 teachers, staff, 
                        students, or families of students;
                            ``(ii) participation in conferences or 
                        special nondegree programs focusing on the use 
                        of 1 or more Native American languages for the 
                        education of teachers, staff, students, or 
                        families of students;
                            ``(iii) subject to paragraph (3), full or 
                        partial scholarships and fellowships to 
                        colleges or universities--
                                    ``(I) to provide for the 
                                professional development of faculty and 
                                staff;
                                    ``(II) 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
                                    ``(III) to develop resource 
                                personnel for Native American language 
                                programs in public schools;
                            ``(iv) training in the language and culture 
                        associated with a Native American language 
                        survival school that is provided by a community 
                        or academic expert, including 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; and
                            ``(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.
            ``(3) Requirements for recipients of fellowships or 
        scholarships.--A recipient of a fellowship or scholarship under 
        paragraph (2)(G)(iii) who is enrolled in a program leading to a 
        degree or certificate shall--
                    ``(A) be trained in the Native American language of 
                the Native American language survival school, if such 
                program is available through that Native American 
                language;
                    ``(B) complete a minimum annual number of hours in 
                Native American language study or training during the 
                period of the fellowship or scholarship; and
                    ``(C) enter into a contract that obligates the 
                recipient to provide the recipient's professional 
                services, during the period of the fellowship or 
                scholarship or on 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.

``SEC. 110. DEMONSTRATION PROGRAMS.

    ``(a) Establishment.--The Secretary shall make grants, or enter 
into contracts, to establish 3 demonstration programs that will provide 
assistance to Native American language survival schools and Native 
American language nests.
    ``(b) Locations and Purposes.--The 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 determined to be appropriate 
        by the College--
                    ``(A) for the conduct of 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) for the provision of assistance in the 
                establishment, operation, and administration of Native 
                American language nests and Native American language 
                survival schools by such means as--
                            ``(i) training;
                            ``(ii) hosting informational visits to 
                        demonstration sites; and
                            ``(iii) providing a national clearinghouse 
                        for data and information relevant to--
                                    ``(I) teaching Native American 
                                languages;
                                    ``(II) conducting outreach;
                                    ``(III) offering courses;
                                    ``(IV) providing conferences; and
                                    ``(V) carrying out other 
                                activities;
            ``(2) Piegan Institute of Browning, Montana, for 
        demonstration of the operation of a Native American language 
        nest and Native American language survival school; and
            ``(3) the Alaska Native Language Center of the University 
        of Alaska at Fairbanks, in consortium with other entities as 
        the Center determines to be appropriate, for the conduct of a 
        demonstration program, training, outreach, conferences, and 
        visitation programs, and for provision of other assistance, in 
        developing--
                    ``(A) orthographies;
                    ``(B) resource materials;
                    ``(C) language documentation;
                    ``(D) language preservation;
                    ``(E) material archiving; and
                    ``(F) community support development.
    ``(c) Use of Technology.--The demonstration programs established 
under this section may employ synchronic and asynchronic 
telecommunications and other appropriate means to maintain coordination 
and cooperation among the programs and with participating Native 
American language survival schools and Native American language nests.
    ``(d) Site Visit Evaluations.--The demonstration programs 
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.
    ``(e) Followup and Data Collection.--A demonstration program 
established under this section may conduct followup data collection and 
analysis on students while the students are in school--
            ``(1) to assess how Native American language survival 
        school students are performing in comparison with other 
        students; and
            ``(2) to identify instructional methods that are working 
        and instructional methods that are not working.
    ``(f) Endowments and Facilities.--A demonstration program 
established under this section may--
            ``(1) establish endowments to further the activities of the 
        demonstration program relating to the study and preservation of 
        Native American languages; and
            ``(2) use funds to provide for the rental, lease, purchase, 
        construction, maintenance, and repair of facilities.

``SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for each of fiscal years 2004 through 
2009.''.
                                 <all>