[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3835 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3835

To develop and disseminate accurate, relevant, and accessible resources 
  to promote understanding about Native American and Tribal histories.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2022

   Ms. Smith introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To develop and disseminate accurate, relevant, and accessible resources 
  to promote understanding about Native American and Tribal histories.

    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 Histories and Cultures 
Education Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Native American peoples are a vital part of our 
        Nation's past and present.
            (2) Native American peoples have made significant 
        contributions to the United States and continue to serve as 
        leaders in communities across the Nation and with distinction 
        as public servants, scholars, scientists, entrepreneurs, 
        artists, authors, and in many other professions and 
        specialties.
            (3) The United States has a unique government-to-government 
        relationship with Indian Tribes and treaty-based trust 
        responsibilities owed to Native American peoples and Indian 
        Tribes.
            (4) Congress has played a critical role in recognizing the 
        cultures and contributions of Native American peoples 
        throughout the history of the United States by establishing the 
        National Museum of the American Indian in 1989 to--
                    (A) advance the study of Native American language, 
                literature, history, art, anthropology, and life; and
                    (B) provide for Native American research and study 
                programs.
            (5) Indian Tribes, Tribal Colleges and Universities, Native 
        American organizations, and Native American communities have 
        worked diligently to bring accurate Native American histories 
        and culturally informed educational opportunities to American 
        classrooms.
            (6) Washington, Oregon, Montana, Arizona, New Mexico, 
        Wisconsin, Maine, Connecticut, Virginia, Florida, Minnesota, 
        and Hawaii include Native American education in content 
        standards for kindergarten through grade 12 education.
            (7) It is important for students in the United States to 
        have a complete and accurate education about--
                    (A) the experience of Native American peoples in 
                the United States today and throughout history;
                    (B) the Federal Government's adoption of the 
                relocation, termination, and other discriminatory and 
                genocidal policies, including the Indian Boarding 
                School Policy, and similar policies employed in the 
                Territory of Hawaii, to strip American Indian, Alaska 
                Native, and Native Hawaiian children of their 
                indigenous identities, language, and culture;
                    (C) the unique government-to-government 
                relationship between the Federal Government and Indian 
                Tribes; and
                    (D) the Federal Government's treaty-based trust 
                responsibilities to Native American peoples and Indian 
                Tribes.
            (8) The Federal Government can improve the representation 
        of Native American peoples, their histories, and their 
        contributions, as well as the unique relationship between 
        Indian Tribes and the Federal Government in more classrooms by 
        supporting community-based curricula development.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Base curriculum.--The term ``base curriculum'' means a 
        nationally focused curriculum on Native histories and cultures 
        developed by the Director of the Museum under section 5(a)(1).
            (2) Eligible entity.--The term ``eligible entity'' means a 
        partnership that--
                    (A) shall include a State educational agency and 1 
                or more Indian Tribes, Tribal organizations, or Native 
                Hawaiian education organizations;
                    (B) may include 1 or more local educational 
                agencies; and
                    (C) may include 1 or more Tribal educational 
                agencies.
            (3) Indian tribe.--The term ``Indian Tribe'' means the 
        recognized governing body of any Indian or Alaska Native Tribe, 
        band, nation, pueblo, village, community, component band, or 
        component reservation, individually recognized (including 
        parenthetically) in the list published most recently as of the 
        date of enactment of this Act pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (5) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (6) Museum.--The term ``Museum'' means the National Museum 
        of the American Indian.
            (7) Native american.--The term ``Native American'' has the 
        meaning given the term in section 103 of the Native American 
        Languages Act (25 U.S.C. 2902).
            (8) Native hawaiian education organization.--The term 
        ``Native Hawaiian education organization'' has the meaning 
        given the term in section 6207 of the Native Hawaiian Education 
        Act (20 U.S.C. 7517).
            (9) Native histories and cultures.--The term ``Native 
        histories and cultures'' means accurate, fact-based, and 
        thorough information about the histories and cultures of Native 
        American peoples prior to the first European contact, during 
        the colonization of North America, and until the present date.
            (10) Native histories and cultures education program.--The 
        term ``Native histories and cultures education program'' means 
        a program that--
                    (A) has as its specific and primary purpose to--
                            (i) improve awareness and understanding of 
                        the experiences of Native American peoples and 
                        Native histories and cultures; and
                            (ii) describe and educate individuals on 
                        the structures of Indian Tribes as sovereign 
                        entities with separate executive, legislative, 
                        and judicial government structures;
                    (B) uses the base curriculum; and
                    (C) incorporates local and regionally appropriate 
                information on the histories and cultures of Indian 
                Tribes and Native American peoples in that area that is 
                developed in consultation with such Indian Tribes and 
                Native American peoples.
            (11) Professional development.--The term ``professional 
        development'' has the meaning given the term in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (12) State educational agency.--The term ``State 
        educational agency'' has the meaning given the term in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (13) Tribal educational agency.--The term ``Tribal 
        educational agency'' has the meaning given the term in section 
        6132(b)(3) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7452).
            (14) Tribal organization.--The term ``Tribal organization'' 
        means a tribal organization, as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).

SEC. 4. PURPOSES.

    The purposes of this Act are to--
            (1) expand the Museum's educational efforts and develop and 
        make freely accessible base curriculum resources and materials 
        that--
                    (A) have been developed after significant 
                consultation, engagement, and coordination with Indian 
                Tribes, Tribal organizations, and stakeholders 
                representing Native American peoples and interests, 
                including Native Hawaiian education organizations; and
                    (B) are available for students, educators, parents, 
                and interested individuals and groups;
            (2) support partnerships among States, Indian Tribes, 
        Tribal organizations, and Native Hawaiian education 
        organizations to develop additional educational resources and 
        materials related to Native histories and cultures that are 
        local and regionally specific; and
            (3) provide opportunities for State educational agencies to 
        implement Native histories and cultures education programs 
        built around the base curriculum provided by the Museum with 
        additional locally and regionally appropriate information.

SEC. 5. NATIVE HISTORIES AND CULTURES EDUCATION PROGRAM.

    (a) Solicitation of Feedback and Development of Base Curriculum for 
Native Histories and Cultures.--
            (1) In general.--The Director of the Museum shall--
                    (A) for a period of not less than 9 months, 
                regarding the learning objectives and development of 
                the base curriculum on Native histories and cultures 
                under subparagraph (B)--
                            (i) engage in robust and active 
                        consultation with Indian Tribes and Tribal 
                        organizations; and
                            (ii) solicit comments from organizations 
                        representing the interests of Native American 
                        peoples in the United States, and any other 
                        relevant stakeholders, including Native 
                        Hawaiian education organizations;
                    (B) develop, not later than 1 year after the end of 
                the period described in subparagraph (A), a base 
                curriculum on Native histories and cultures that--
                            (i) is appropriate for all grade levels of 
                        elementary school and secondary school 
                        education;
                            (ii) includes the significant contributions 
                        Native Americans have made to the Nation as 
                        leaders in their communities and States, and as 
                        scholars, scientists, entrepreneurs, artists, 
                        authors, educators, and in other fields;
                            (iii) explains the unique government-to-
                        government relationship between the Federal 
                        Government and Indian Tribes and the trust and 
                        treaty-based responsibilities owed to Native 
                        American peoples and Indian Tribes;
                            (iv) includes the important role Native 
                        American peoples have played in the history of 
                        the United States and through present day;
                            (v) teaches the experiences of Native 
                        American peoples in the United States today and 
                        throughout history, including the Federal 
                        Government's adoption of the Indian Boarding 
                        School Policy, and similar policies employed in 
                        the Territory of Hawaii, to strip American 
                        Indian, Alaska Native, and Native Hawaiian 
                        children of their indigenous identities, 
                        language, and culture; and
                            (vi) includes other appropriate subjects 
                        that will enable people to understand and 
                        appreciate the histories, cultures, and 
                        perspectives of Native American peoples and how 
                        such histories, cultures, and perspectives have 
                        and will continue to be part of the fabric of 
                        the United States;
                    (C) make available for public comment the base 
                curriculum and make adjustments as appropriate;
                    (D) engage in outreach promoting the availability 
                of the base curriculum to educators, State educational 
                agencies, local educational agencies, Indian Tribes, 
                Tribal organizations, Native Hawaiian education 
                organizations, educator preparation programs, groups 
                involved with the provision of professional development 
                for educators, and other interested stakeholders, which 
                may include making materials accessible, at no charge, 
                to educators through means and services that educators 
                frequently use to access educational materials;
                    (E) make the base curriculum and any updates to the 
                curriculum developed under this paragraph publicly 
                available, at no charge, on the Museum's website and 
                through other means;
                    (F) provide technical assistance to eligible 
                entities, State educational agencies, local educational 
                agencies, Tribal educational agencies, and educators;
                    (G) solicit public comment from Indian Tribes, 
                Tribal organizations, and organizations representing 
                the interests of Native American peoples in the United 
                States, including Native Hawaiian education 
                organizations, local educational agencies, State 
                educational agencies, educators, or other entities 
                utilizing the base curriculum made freely available 
                under subparagraph (E) to assess the success of its 
                implementation and collect data used for reporting to 
                Congress under section 6;
                    (H) provide mechanisms to accept feedback and 
                comment continuously, and make revisions and updates to 
                the base curriculum periodically; and
                    (I) formally make revisions and updates to the base 
                curriculum based upon feedback and comments under this 
                paragraph, 1 and 2 years after initial implementation 
                and, as appropriate, periodically thereafter.
            (2) Inclusion of available materials.--In developing the 
        base curriculum under paragraph (1), the Director of the Museum 
        may use or incorporate any educational material available 
        through the Museum as of the date of enactment of this Act.
            (3) Coordination.--The Director of the Institute of Museum 
        and Library Services shall make available any educational 
        material or resources requested by the Director of the Museum 
        to develop the base curriculum under paragraph (1).
    (b) Grants Authorized.--
            (1) In general.--Upon completion of the initial development 
        of the base curriculum under subsection (a)(1)(B), the Director 
        of the Museum shall award grants to eligible entities--
                    (A) to use the base curriculum to develop and plan 
                Native histories and cultures education programs that 
                are locally and regionally specific; and
                    (B) to implement such programs in elementary 
                schools and secondary schools served by the eligible 
                entity.
            (2) Applications.--An eligible entity desiring a grant 
        under this subsection shall submit an application to the 
        Director of the Museum at such time, in such manner, and based 
        on such competitive criteria as the Director of the Museum may 
        require. Each such application shall include the following:
                    (A) A description of the partnership and 
                coordination between all partner entities comprising 
                the eligible entity, including any formal agreements or 
                memoranda of understanding.
                    (B) A description of any outreach conducted beyond 
                the eligible entity to Indian Tribes, Tribal 
                organizations, Native Hawaiian education organizations, 
                Tribal education organizations, or local, regional, or 
                otherwise relevant stakeholders.
                    (C) A description of how any Indian Tribe, Tribal 
                organization, or Native Hawaiian education organization 
                included in the eligible entity will be compensated for 
                their efforts under the grant.
                    (D) A description of the local and regional, 
                historical, and cultural materials that the eligible 
                entity will seek to include in the educational 
                materials and Native histories and cultures education 
                program developed under the grant.
                    (E) A description of how such materials will align 
                with the challenging State academic standards and 
                assessments under paragraphs (1) and (2) of section 
                1111(b) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6311(b)).
                    (F) A description of how such materials will align 
                with a State's academic standards and assessments 
                related to social studies and history or other relevant 
                subject.
                    (G) A description of how the eligible entity will 
                meet the reporting requirements.
            (3) Uses of funds.--An eligible entity receiving a grant 
        under this subsection shall use the grant funds to develop, 
        plan, and implement a Native histories and cultures education 
        program, including--
                    (A) developing local and regionally specific Native 
                histories and cultures education program resources for 
                use in conjunction with the base curriculum;
                    (B) developing a plan for the implementation of a 
                Native histories and cultures education program that 
                would be implemented in public elementary schools and 
                secondary schools served by the eligible entity, 
                including coordination with local educational agencies 
                and teachers;
                    (C) utilizing the base curriculum and developing 
                additional curriculum to align with the challenging 
                State academic standards and assessments under 
                paragraphs (1) and (2) of section 1111(b) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b));
                    (D) planning, development, and coordination among 
                all partner entities comprising the eligible entity, 
                for purposes of developing local and regionally 
                specific Native histories and cultures education 
                program resources, including compensation for any 
                Indian Tribe, Tribal organization, or Native Hawaiian 
                education organization within the eligible entity for 
                these activities;
                    (E) planning and coordination with other relevant 
                stakeholders, such as local and regional Indian Tribes 
                or Tribal organizations, Native Hawaiian education 
                organizations, museums, cultural centers, historical 
                societies, institutions of higher education, and 
                curricula experts, for the purpose of developing local 
                and regionally specific Native histories and cultures 
                education program resources;
                    (F) coordination with and outreach to students, 
                educators, parents, and organizations representing 
                Native American students, parents, or families;
                    (G) providing professional development to educators 
                on the Native histories and cultures education program, 
                including the importance of the program;
                    (H) implementing a Native histories and cultures 
                education program in public elementary schools and 
                secondary schools in accordance with the implementation 
                plan developed under subparagraph (B);
                    (I) coordination with undergraduate, 
                postbaccalaureate, or master's educator preparation 
                programs, including training and outreach for educator 
                candidates and school leader candidates;
                    (J) providing outreach and broader community 
                awareness on the initiative carried out under this 
                section; and
                    (K) making revisions to the Native histories and 
                cultures education program, as necessary based on the 
                base curriculum revisions under subsection (a)(1)(I).
    (c) Supplement Not Supplant.--An eligible entity receiving a grant 
under subsection (b) shall use grant funds to supplement, and not 
supplant, any funds that would, in the absence of such grant funds, be 
made available from State and local sources for the activities 
described in subsection (b).

SEC. 6. REPORTING.

    (a) Annual State Reports.--An eligible entity that receives a grant 
under section 5 shall annually report on the effectiveness of the 
Native histories and cultures education program and activities carried 
out under the grant to the Director of the Institute of Education 
Sciences, which shall include, at a minimum the following:
            (1) The number of students served by grant activities.
            (2) The number of educators who participated in 
        professional development funded by grant activities.
            (3) The number of educator preparation programs that 
        provided training, and the number of educator candidates and 
        school leaders who received training funded by grant 
        activities.
            (4) The number of local educational agencies utilizing the 
        base curriculum or a Native histories and cultures education 
        program.
            (5) A description of the performance indicators and 
        performance measures used to evaluate programs and activities 
        with an emphasis on the academic and cultural needs of 
        participating Native American students, including performance 
        indicators and measures that--
                    (A) are able to track student success and 
                improvement over time;
                    (B) include State assessment results and other 
                indicators of student success and improvement, such as 
                improved attendance during the school day, improved 
                classroom grades, improved school climate and safety, 
                and improved school discipline disparities;
                    (C) for high school students, may include 
                indicators such as graduation rates, grade point 
                average, credits earned, postsecondary enrollment, and 
                career readiness; or
                    (D) reflect improved performance or student success 
                in other ways.
            (6) Reporting on the effectiveness of the program, 
        including the results of the performance indicators under 
        paragraph (5), which shall include estimated impact on the 
        student outcomes of participating Native students. Any 
        performance or enrollment data disaggregation shall be done in 
        a manner that protects the privacy of students. Such 
        performance and enrollment data shall not be disaggregated in 
        the case in which the number of students in a group is 
        insufficient to yield statistically reliable information or the 
        results would reveal personally identifiable information about 
        an individual student.
            (7) A report or narrative from the Indian Tribe, Tribal 
        organization, or Native Hawaiian education organization that is 
        a part of the eligible entity regarding--
                    (A) the estimated impact on students enrolled in 
                the Indian Tribe or served by the Tribal organization 
                or Native Hawaiian education organization; and
                    (B) the estimated impact, if any, on students 
                enrolled in the Indian Tribe or served by the Tribal 
                organization or Native Hawaiian education organization 
                in terms of culturally relevant methods of determining 
                value and success.
            (8) Any feedback on the base curriculum developed under 
        section 5(a)(1)(B).
    (b) Institute of Education Sciences Report.--
            (1) In general.--The Director of the Institute of Education 
        Sciences shall prepare and make publicly available a biennial 
        report containing--
                    (A) information on a national and statewide basis, 
                that shall not include the personally identifiable 
                information of students, educators, or other 
                individuals, from the reports submitted under 
                subsection (a) and that may include other information 
                determined appropriate by the Director of the Institute 
                of Education Sciences;
                    (B) an evaluation of the effectiveness of the 
                Native histories and cultures education programs, 
                including the impact on student performance in general 
                and student performance of Native American students in 
                particular from, or informed by, the annual State 
                reports described in subsection (a); and
                    (C) any recommendations based on the evaluation of 
                the Native histories and cultures education programs.
            (2) Reports to congress.--The Director of the Institute of 
        Education Sciences shall submit to the Committee on Indian 
        Affairs of the Senate, the Committee on Health, Education, 
        Labor, and Pensions of the Senate, the Committee on Natural 
        Resources of the House of Representatives, and the Committee on 
        Education and Labor of the House of Representatives, 1 year 
        after the date of enactment of this Act and every 5 years 
        thereafter, a report describing the impact of the program, as 
        determined by the metrics collected under subsection (a).
    (c) National Museum of the American Indian Report.--The Director of 
the Museum shall submit to the Committee on Indian Affairs of the 
Senate, the Committee on Health, Education, Labor, and Pensions of the 
Senate, the Committee on Natural Resources of the House of 
Representatives, and the Committee on Education and Labor of the House 
of Representatives--
            (1) not later than 6 months after the date of enactment of 
        this Act, a brief status report describing the activities 
        carried out under section 5(a)(1)(A);
            (2) not later than 18 months after the date of enactment of 
        this Act, a report on the base curriculum developed under 
        section 5 and a report on the Director of the Museum's 
        development process and plan for dissemination of the base 
        curriculum; and
            (3) every five years thereafter, a report describing 
        efforts undertaken by the Director of the Museum to update the 
        base curriculum as described in section 5(a)(1)(I).

SEC. 7. NATIONAL MUSEUM OF THE AMERICAN INDIAN ACT.

    The National Museum of the American Indian Act (20 U.S.C. 80q et 
seq.) is amended--
            (1) in section 3(b)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) advance the study and awareness of Native American 
        histories and cultures by providing educational resources to 
        educators and schools.''; and
            (2) in section 6, by striking subsection (a)(1) and 
        inserting the following:
            ``(1) a Director who, subject to the policies of the Board 
        of Trustees--
                    ``(A) shall manage the National Museum; and
                    ``(B) enter into grants with Indian Tribes, Tribal 
                organizations, Native Hawaiian education organizations, 
                State educational agencies, and local educational 
                agencies to further the purposes described in section 4 
                of the Native Histories and Cultures Education Act of 
                2022 and carry out the responsibilities described under 
                such Act.''.

SEC. 8. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $1,000,000 for the Museum to carry out the activities 
        described in section 5(a) and to establish the administrative 
        capabilities necessary to administer grants under section 5; 
        and
            (2) $30,000,000 to award grants under section 5.
    (b) Donations, Gifts, Bequests, and Devises of Property.--The 
Director of the Museum is authorized to solicit, accept, hold, 
administer, invest, and use donated funds and gifts, bequests, and 
devises of property, both real and personal, to support the initiative 
under this Act.
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