[Congressional Record Volume 146, Number 125 (Tuesday, October 10, 2000)]
[Senate]
[Pages S10156-S10158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          NATIVE AMERICAN LANGUAGES ACT AMENDMENTS ACT OF 2000

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 915, S. 2688.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2688) to amend the Native American Languages Act 
     to provide for the support of Native American Language 
     Survival Schools, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Indian Affairs with an 
amendment, as follows:
  [Strike out all after the enacting clause and insert the part printed 
in italic.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Languages 
     Act Amendments Act of 2000''.

     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

[[Page S10157]]

     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--

[[Page S10158]]

       ``(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 2001 through 
     2006.''.

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be read the third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2688), as amended, was read the third time and passed.

                          ____________________