[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2367 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2367
To strengthen Indian education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2013
Mr. Ben Ray Lujan of New Mexico (for himself, Ms. Michelle Lujan
Grisham of New Mexico, Mr. Ruiz, and Mr. Pearce) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To strengthen Indian education, 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 ``Building upon Unique Indian Learning
and Development Act''.
SEC. 2. IN-SCHOOL FACILITY INNOVATION PROGRAM CONTEST.
(a) In General.--The Secretary of the Interior shall--
(1) establish an in-school facility innovation program
contest in which institutions of higher education, including
Tribal Colleges and Universities (as defined in section 316 of
the Higher Education Act of 1965 (20 U.S.C. 1059c)), are
encouraged to consider solving the problem of how to improve
school facilities for tribal schools and schools served by the
Bureau of Indian Education for problem-based learning in their
coursework and through extracurricular opportunities; and
(2) establish an advisory group for the contest described
in paragraph (1) that shall include students enrolled at a
Tribal College or University, a representative from the Bureau
of Indian Education, and engineering and fiscal advisors.
(b) Submission of Finalists to the Indian Affairs Committee.--The
Secretary of the Interior shall submit the finalists to the Committee
on Indian Affairs of the Senate.
(c) Winners.--The Secretary of the Interior shall--
(1) determine the winners of the program contest conducted
under this section; and
(2) award the winners appropriate recognition and reward.
SEC. 3. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF EDUCATION JOINT
OVERSIGHT BOARD.
(a) In General.--The Secretary of Education and the Secretary of
the Interior shall jointly establish a Department of the Interior and
Department of Education Joint Oversight Board, that shall--
(1) be co-chaired by both Departments; and
(2) coordinate technical assistance, resource distribution,
and capacity building between the 2 departments on the
education of and for Native American students.
(b) Information To Be Shared.--The Joint Oversight Board shall
facilitate the communication, collaboration, and coordination between
the 2 departments of education policies, access to and eligibility for
Federal resources, and budget and school leadership development, and
other issues, as appropriate.
SEC. 4. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF NATIVE
AMERICAN STUDENTS.
Subpart 2 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at
the end the following:
``SEC. 7123. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS AND
ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.
``(a) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to create or expand a teacher
or administrator, or both, pipeline for teachers and administrators of
Native American students.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means--
``(1) a local educational agency;
``(2) an institution of higher education;
``(3) a Tribal College or University (as defined in section
316 of the Higher Education Act of 1965); or
``(4) a nonprofit organization.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to Tribal Colleges and Universities (as
defined in section 316 of the Higher Education Act of 1965).
``(d) Activities.--An eligible entity that receives a grant under
this section shall create a program that shall prepare, recruit, and
provide continuing education for teachers and administrators of Native
American students, in particular for teachers of--
``(1) science, technology, engineering, and mathematics;
``(2) subjects that lead to health professions; and
``(3) green skills and `middle skills', including
electrical, welding, technology, plumbing, and green jobs.
``(e) Incentives for Teachers and Administrators.--An eligible
entity that receives a grant under this section may provide incentives
to teachers and principals who make a commitment to serve high-need,
high-poverty, tribal schools, including in the form of scholarships,
loan forgiveness, incentive pay, or housing allowances.
``(f) School and Community Orientation.--An eligible entity that
receives a grant under this section shall develop an evidence-based,
culturally based school and community orientation for new teachers and
administrators of Native American students.''.
SEC. 5. NATIVE AMERICAN STUDENT SUPPORT.
(a) Standards-Based Assessments.--Section 1111(b)(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3))
is amended by adding at the end the following:
``(E) Standards-based education assessments.--
Notwithstanding any other provision of this Act, a
State shall develop standards-based education
assessments and classroom lessons to accommodate
diverse learning styles, which assessments may be used
by the State in place of the general assessments
described in subparagraph (A).''.
(b) Support.--The Secretary of Education shall expand programs for
Native American school children--
(1) to provide support for learning in the children's
Native language and culture; and
(2) to provide English language instruction.
(c) Research.--The Comptroller General of the United States shall
conduct research on culture- and language-based education to identify
the factors that improve education and health outcomes.
(d) Native Language Teaching.--Section 1119 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding
at the end the following:
``(m) Qualifications for Native Language Teachers.--
``(1) In general.--Notwithstanding any other provision of
law, the requirements of subsection (a) for local educational
agencies and States with respect to highly qualified teachers,
shall not apply to a teacher of a Native language.
``(2) Alternative licensure or certification.--Each State
educational agency receiving assistance under this part shall
develop an alternative licensure or certification for teachers
of a Native language.''.
(e) Grant Program To Ensure the Survival and Continuing Vitality of
Native American Languages.--
(1) Definitions.--In this subsection:
(A) Commissioner.--The term ``Commissioner'' means
the Commissioner of the Administration for Native
Americans in the Department of Health and Human
Services (established under section 803B of the Native
American Programs Act of 1974 (42 U.S.C. 2991b-2)).
(B) Eligible entity.--The term ``eligible entity''
means any agency or organization that is eligible for
financial assistance under section 803(a) of the Native
American Programs Act of 1974 (42 U.S.C. 2991b(a)).
(2) Establishment of grant program.--The Commissioner shall
establish a program to provide eligible entities with grants
for the purpose of assisting Native Americans to ensure the
survival and continuing vitality of Native American languages.
(3) Use of amounts.--
(A) In general.--An eligible entity may use amounts
received under this subsection to carry out activities
that ensure the survival and continuing vitality of
Native American languages, including--
(i) the establishment and support of
community Native American language projects
designed to bring older and younger Native
Americans together to facilitate and encourage
the transfer of Native American language skills
from one generation to another;
(ii) the establishment of projects that
train Native Americans to--
(I) teach a Native American
language to others; or
(II) serve as interpreters or
translators of a Native American
language;
(iii) the development, printing, and
dissemination of materials to be used for the
teaching and enhancement of a Native American
language;
(iv) the establishment or support of a
project to train Native Americans to produce or
participate in television or radio programs to
be broadcast in a Native American language;
(v) the compilation, transcription, and
analysis of oral testimony to record and
preserve a Native American language;
(vi) the purchase of equipment, including
audio and video recording equipment, computers,
and software, required to carry out a Native
American language project; and
(vii)(I) the establishment of Native
American language nests, which are site-based
educational programs that--
(aa) provide instruction and child
care through the use of a Native
American language for at least 10
children under the age of 7 for an
average of at least 500 hours per year
per student;
(bb) provide classes in a Native
American language for parents (or legal
guardians) of students enrolled in a
Native American language nest
(including Native American language-
speaking parents); and
(cc) ensure that a Native American
language is the dominant medium of
instruction in the Native American
language nest;
(II) the establishment of Native American
language survival schools, which are site-based
educational programs for school-age students
that--
(aa) provide an average of at least
500 hours of instruction through the
use of 1 or more Native American
languages for at least 15 students for
whom a Native American language
survival school is the principal place
of instruction;
(bb) develop instructional courses
and materials for learning Native
American languages and for instruction
through the use of Native American
languages;
(cc) provide for teacher training;
(dd) work toward a goal of all
students achieving--
(AA) fluency in a Native
American language; and
(BB) academic proficiency
in mathematics, reading (or
language arts), and science;
and
(ee) are located in areas that have
high numbers or percentages of Native
American students; and
(III) the establishment of Native American
language restoration programs, which are
educational programs that--
(aa) operate at least 1 Native
American language program for the
community that the educational program
serves;
(bb) provide training programs for
teachers of Native American languages;
(cc) develop instructional
materials for the Native American
language restoration programs;
(dd) work toward a goal of
increasing proficiency and fluency in
at least 1 Native American language;
and
(ee) provide instruction in at
least 1 Native American language.
(B) Native american language restoration
programs.--An eligible entity carrying out a program
described in subparagraph (A)(vii)(III) may use amounts
made available under this section to carry out--
(i) Native American language programs,
including--
(I) Native American language
immersion programs;
(II) Native American language and
culture camps;
(III) Native American language
programs provided in coordination and
cooperation with educational entities;
(IV) Native American language
programs provided in coordination and
cooperation with institutions of higher
education with expertise in the
relevant Native language, particularly
Tribal Colleges and Universities (as
defined in section 316 of the Higher
Education Act of 1965 (20 U.S.C.
1059c));
(V) Native American language
programs that use a master-apprentice
model of learning languages; and
(VI) Native American language
programs provided through a regional
program to better serve geographically
dispersed students;
(ii) Native American language teacher
training programs, including--
(I) training programs in Native
American language translation for
fluent speakers;
(II) training programs for Native
American language teachers; and
(III) training programs for
teachers in the use of Native American
language materials, tools, and
interactive media to teach Native
American language; and
(iii) the development of Native American
language materials, including books, audio and
visual tools, and interactive media programs.
(4) Applications.--
(A) In general.--Subject to subparagraph (B), in
awarding a grant under this subsection, the
Commissioner shall select applicants from among
eligible entities on the basis of applications
submitted to the Commissioner at such time, in such
form, and containing such information as the
Commissioner requires.
(B) Requirements.--An application under
subparagraph (A) shall include, at a minimum--
(i) a detailed description of the current
status of the Native American language to be
addressed by the project for which a grant is
requested, including a description of existing
programs and projects, if any, in support of
that language;
(ii) a detailed description of the project
for which the grant is requested;
(iii) a statement that the objectives of
the project are in accordance with the purposes
of this subsection;
(iv) a detailed description of the plan of
the applicant to evaluate the project;
(v) if appropriate, an identification of
opportunities for the replication or
modification of the project for use by other
Native Americans;
(vi) a plan for the preservation of the
products of the Native American language
project for the benefit of future generations
of Native Americans and other interested
persons; and
(vii) in the case of an application for a
grant to carry out any purpose specified in
paragraph (3)(A)(vii)(III), a certification by
the applicant that the applicant has not less
than 3 years of experience in operating and
administering a Native American language
survival school, a Native American language
nest, or any other educational program in which
instruction is conducted in a Native American
language.
(C) Participating organizations.--If an applicant
determines that the objectives of a proposed Native
American language project would be accomplished more
effectively through a partnership with an educational
entity, the applicant shall identify the educational
entity as a participating organization in the
application.
(5) Limitations on funding.--
(A) Federal share.--The Federal share of the total
cost of a program under this subsection shall not
exceed 80 percent.
(B) Non-federal share.--
(i) In general.--The non-Federal share of
the cost of a program under this subsection may
be provided in cash or fairly evaluated in-kind
contributions, including facilities, equipment,
or services.
(ii) Source of non-federal share.--The non-
Federal share--
(I) may be provided from any
private or non-Federal source; and
(II) may include amounts (including
interest) distributed to an Indian
tribe--
(aa) by the Federal
Government pursuant to the
satisfaction of a claim made
under Federal law;
(bb) from amounts collected
and administered by the Federal
Government on behalf of an
Indian tribe or the members of
an Indian tribe; or
(cc) by the Federal
Government for general tribal
administration or tribal
development under a formula or
subject to a tribal budgeting
priority system, including--
(AA) amounts
involved in the
settlement of land or
other judgment claims;
(BB) severance or
other royalty payments;
or
(CC) payments under
the Indian Self-
Determination Act (25
U.S.C. 450f et seq.) or
a tribal budget
priority system.
(C) Duration.--
(i) In general.--Subject to clause (ii),
the Commissioner may make grants made under
this subsection on a 1-year, 2-year, or 3-year
basis.
(ii) Native american language restoration
program.--The Commissioner shall only make a
grant available under paragraph
(3)(A)(vii)(III) on a 3-year basis.
(6) Administration.--
(A) Expert panel.--
(i) In general.--Not later than 180 days
after date of enactment of this subsection, the
Commissioner shall appoint a panel of experts
for the purpose of assisting the Commissioner
to review--
(I) applications submitted under
paragraph (4);
(II) evaluations carried out to
comply with paragraph (4)(B)(iv); and
(III) the preservation of products
required by paragraph (4)(B)(vi).
(ii) Composition.--
(I) In general.--The panel shall
include--
(aa) a designee of the
Institute of American Indian
and Alaska Native Culture and
Arts Development;
(bb) representatives of
national, tribal, and regional
organizations that focus on
Native American language or
Native American cultural
research, development, or
training; and
(cc) other individuals who
are recognized as experts in
the area of Native American
language.
(II) Recommendations.--The
Commissioner shall solicit
recommendations for appointments to the
panel from Indian tribes and tribal
organizations.
(iii) Duties.--The duties of the panel
shall include--
(I) making recommendations
regarding the development and
implementation of regulations,
policies, procedures, and rules of
general applicability with respect to
the administration of this subsection;
(II) reviewing applications
received under paragraph (4);
(III) providing to the Commissioner
a list of recommendations for the
approval of applications in accordance
with--
(aa) regulations issued by
the Secretary of Health and
Human Services; and
(bb) the relative need for
the project; and
(IV) reviewing evaluations
submitted to comply with paragraph
(4)(B)(iv).
(B) Products generated by projects.--
(i) In general.--Subject to clause (ii),
for preservation and use in accordance with the
responsibilities of the respective organization
under Federal law, a copy of any product of a
Native American language project for which a
grant is made under this subsection--
(I) shall be transmitted--
(aa) to the Institute of
American Indian and Alaska
Native Culture and Arts
Development; and
(bb) to the Tribal Colleges
or Universities where the
language addressed in the grant
program is inherent; and
(II) may be transmitted, at the
discretion of the grantee, to national
and regional repositories of similar
material.
(ii) Exemption.--
(I) In general.--In accordance with
the Federal recognition of the
sovereign authority of each Indian
tribe over all aspects of the culture
and language of that Indian tribe and
subject to subclause (II), an Indian
tribe may make a determination--
(aa) not to transmit a copy
of a product under clause (i);
(bb) not to permit the
redistribution of a copy of a
product transmitted under
clause (i); or
(cc) to restrict in any
manner the use or
redistribution of a copy of a
product transmitted under
clause (i).
(II) Restrictions.--Subclause (I)
does not authorize an Indian tribe--
(aa) to limit the access of
the Commissioner to a product
described in clause (i) for
purposes of administering this
subsection or evaluating the
product; or
(bb) to sell a product
described in clause (i), or a
copy of that product, for
profit to the entities referred
to in clause (i).
(7) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
are necessary for each of fiscal years 2014 through 2019.
(f) Conforming Amendments.--
(1) In general.--Section 803C of the Native American
Programs Act of 1974 (42 U.S.C. 2991b-3) is repealed.
(2) Authorization of appropriations.--Section 816 of the
Native American Programs Act of 1974 (42 U.S.C. 2992d) is
amended--
(A) in subsection (a), by striking ``sections
803(d), 803A, 803C, 804, subsection (e) of this
section'' and inserting ``sections 803(d), 803A, and
804, subsection (d)'';
(B) in subsection (b), by striking ``other than
sections 803(d), 803A, 803C, 804, subsection (e) of
this section'' and inserting ``sections 803(d), 803A,
and 804, subsection (d)''; and
(C) by striking subsection (e).
SEC. 6. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, SCHOOLS
SERVED BY THE BUREAU OF INDIAN EDUCATION, AND NATIVE
AMERICAN STUDENTS.
(a) Reservation for Bureau-Funded Schools and Programs and Schools
Operated by a Tribe or Tribal Organization.--
(1) In general.--The Secretary of Education shall ensure
that any program administered by the Department of Education
that awards grants, contracts, or other assistance to benefit
elementary schools and secondary schools (as such terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) or prekindergarten or
early childhood programs, provides a reservation, as described
in this subsection, for 1 or more of the following categories
of entities, as determined appropriate by the Secretary of
Education for each such grant, contract, or assistance program:
(A) Bureau-funded schools (as defined in section
1141 of the Education Amendments of 1978 (25 U.S.C.
2021)).
(B) Prekindergarten programs or early childhood
programs or services operated by a tribe or Indian
organization (as defined in such section).
(C) Elementary schools or secondary schools
operated by a tribe or Indian organization (as defined
in such section).
(2) Amount of reservation.--
(A) Existing reservation of funds.--In the case of
a grant, contract, or assistance program provided by
the Department of Education to benefit elementary
schools and secondary schools (as such terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) or
prekindergarten or early childhood programs for which
funds are reserved for entities described in paragraph
(1), or for a group that may include such entities--
(i) if the existing reservation of funds is
for an amount that is less than 0.5 percent,
the amount of such reservation shall be
increased to 0.5 percent; and
(ii) if the existing reservation of funds
is for an amount that is equal to or greater
than 0.5 percent, the amount of such
reservation shall be maintained.
(B) No existing reservation of funds.--In the case
of a grant, contract, or assistance program provided by
the Department of Education to benefit elementary
schools and secondary schools (as such terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) or
prekindergarten or early childhood programs for which
no funds are reserved for the entities described in
paragraph (1), the Secretary of Education shall reserve
0.5 percent of such funds for such entities, as
determined by the Secretary of Education in accordance
with paragraph (1).
(3) Use of reserved funds.--Funds reserved under this
section shall be used in accordance with the uses of funds
described for each particular grant, contract, or assistance
program. In addition to program support, such reserved funds
may be used, in an amount determined by the Secretary of
Education, for technical assistance or capacity building to
ensure that the schools or programs described in paragraph (1)
are provided the assistance to compete for such grants,
contracts, or other assistance.
(4) Effect on other laws.--The Secretary of Education shall
carry out this subsection notwithstanding any other provision
of law.
(b) Safe and Healthy Schools for Native American Students.--Subpart
2 of part A of title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the
following:
``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.
``From funds made available to carry out this subpart, the
Secretary shall--
``(1) establish a program to improve school environments
and student skill development for healthy choices for Native
American students, including--
``(A) prevention regarding--
``(i) alcohol and drug misuse;
``(ii) suicide;
``(iii) violence;
``(iv) pregnancy; and
``(v) obesity;
``(B) nutritious eating programs; and
``(C) anger and conflict management programs;
``(2) establish a program for school dropout prevention for
Native American students; and
``(3) collaborate with the Secretary of Agriculture to
establish tribal-school specific school gardens and nutrition
programs that are within the tribal cultural context.''.
SEC. 7. FUNDS FOR IMPACT AID.
In addition to amounts otherwise appropriated to carry out title
VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7701 et seq.), there are authorized to be appropriated, and there are
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out such title VIII the following:
(1) $750,000,000 for fiscal year 2014.
(2) $750,000,000 for fiscal year 2015.
(3) $750,000,000 for fiscal year 2016.
SEC. 8. FORWARD FUNDING FOR TRIBAL COLLEGES.
For carrying out the following programs, there are authorized to be
appropriated $91,087,500 for fiscal year 2014 which shall become
available on July 1, 2014, and shall remain available through September
30, 2015:
(1) Programs under title V of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1861 et seq.).
(2) The Institute of American Indian and Alaska Native
Culture and Arts Development established under the American
Indian, Alaska Native, and Native Hawaiian Culture and Art
Development Act (20 U.S.C. 4401 et seq.).
(3) Institutional operations grants for the Haskell Indian
Nations University and Southwestern Indian Polytechnic
Institute under the authority of the Act of November 2, 1921
(25 U.S.C. 13), popularly known as the Snyder Act.
(4) Scholarships and adult education and special higher
education scholarships under the authority of the Act of
November 2, 1921 (25 U.S.C. 13), popularly known as the Snyder
Act.
SEC. 9. DEFINITION OF TRIBAL SCHOOL.
(a) ESEA Definition.--Section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end
the following:
``(44) Tribal school.--The term `tribal school' means--
``(A) a school that is a Bureau-funded school, as
defined in section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021);
``(B) a prekindergarten program, early childhood
program or service, or elementary school or secondary
school, operated by an Indian tribe or tribal
organization (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b));
``(C) a school that is located on Indian lands (as
defined in section 8013); or
``(D) a school in which a predominance of the
students who attend the school are Native American or
Alaska Native students, as determined by the
Secretary.''.
(b) Definition for This Act.--In this Act, the term ``tribal
school'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) (as
amended by subsection (a)).
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