[Senate Report 114-215]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 376

114th Congress  }                                       { Report
                                 SENATE
 2d Session     }                                       { 114-215

======================================================================
 
           NATIVE LANGUAGE IMMERSION STUDENT ACHIEVEMENT ACT

                                _______
                                

               February 29, 2016.--Ordered to be printed

                                _______
                                

          Mr. Barrasso, from the Committee on Indian Affairs,
                        submitted the following

                              R E P O R T

                         [To accompany S. 1419]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1419), to promote the academic achievement of American 
Indian, Alaska Native, and Native Hawaiian children with the 
establishment of a Native American language grant program, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                                PURPOSE

    The purpose of S. 1419 is to establish a federal grant 
program specifically for Native American language immersion 
programs and to provide for their administration and the 
collection of data to determine the effectiveness of these 
programs.

                               BACKGROUND

    In 1990 Congress passed the Native American Languages Act 
(NALA), which recognizes the unique status of Native American 
cultures and languages. According to the law, it is U.S. 
federal policy to `preserve, protect, and promote the rights 
and freedom of Native Americans to use, practice, and develop 
Native American languages.' Further, NALA declares U.S. federal 
support for `the use of Native American languages as a medium 
of instruction.'
    The Esther Martinez Native American Languages Preservation 
Act (NALPA), which builds on NALA, was signed into law in 
December 2006. NALPA further cemented the federal government's 
policy of supporting the preservation of and continued 
education in Native American languages. Named after Esther 
Martinez, a Tewa teacher and storyteller, NALPA bolsters 
federal support for Native language education by creating and 
funding programs described below.
    This bill builds upon the federal policy on Native American 
languages established by both NALA and NALPA. It would amend 
Title VII of the Elementary and Secondary Education Act of 1965 
(as in effect prior to the passage of the Every Student 
Succeeds Act (P.L. 114-95)) to establish a grant program that 
supports Native language immersion schools, including pre-
kindergarten through post-secondary, that use Native American 
languages as the primary language of instruction. The grant 
program would promote and strengthen schools utilizing Native 
American languages as the primary language of instruction. This 
bill would authorize $5 million for Fiscal Year 2016 and such 
sums as are necessary for 4 succeeding Fiscal Years.

                          LEGISLATIVE HISTORY

    On May 21, 2015, Senator Tester introduced S. 1419, along 
with Senators Heinrich, Heitkamp, Schatz, and Udall. The bill 
was referred to the Senate Committee on Indian Affairs. On 
October 21, 2015, the Committee met at a duly called business 
meeting to consider the bill. By voice vote, the Committee then 
ordered the bill to be reported favorably, with an amendment in 
the nature of a substitute, to the full Senate. A House 
companion bill has not been introduced.
    In the 113th Congress, Senator Tester introduced the 
predecessor bill, S. 1948, the Native Language Immersion 
Student Achievement Act, on January 16, 2014. With ten co-
sponsors, the bill was referred to the Senate Committee on 
Indian Affairs. The Committee held a legislative hearing on the 
bill on June 18, 2014. On July 30, 2014, the Committee met at a 
duly called business meeting to consider the bill and ordered 
it reported favorably, with an amendment in the nature of a 
substitute, to the full Senate. No further action was taken by 
the Senate. On March 12, 2014, an identical House companion 
bill, H.R. 4214, was introduced by Representative Cole. The 
bill was referred to the Committee on Education and the 
Workforce. No further action was taken.

                          SUMMARY OF AMENDMENT

    Only one amendment was filed to S. 1419 to be considered at 
the business meeting on October 21, 2015. Senator Tester 
offered the amendment, in the nature of a substitute, to 
clarify the application and certain waiver processes for the 
language immersion programs and to clarify that local education 
agencies are considered eligible entities.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1: Short title

    ``Native Language Immersion Student Achievement Act.''

Section 2: Findings

    Section 2 sets forth the findings underlying the 
legislation.

Section 3: Native American language schools

    Section 3(a) establishes the purposes of the section: (1) 
to establish a grant program to support immersion instruction 
in Native American languages; and (2) to further establish 
support for Native language education into federal policy.
    Section 3(b) provides that the Secretary of Education may 
award grants to `eligible entities' (defined as tribes, Tribal 
Colleges or Universities, tribal education agencies, schools, 
and private or tribal nonprofit organizations) providing 
prekindergarten through post-secondary educational 
institutions. Eligible entities may receive a grant if they 
have a plan to create and sustain--or improve and enhance--
programs employing Native language immersion as the primary 
mode of instruction throughout the curriculum. Schools or 
programs that offer full curriculum instruction in multiple 
languages are also eligible under the Act, so long as at least 
one such offering is a Native American language.
    Section 3(c) sets forth the requirements of the application 
process for potential grantees. Applications must include the 
name of the Native American language of instruction; number of 
students enrolled at the institution; number of present hours 
for instruction; status of school (tribal, public, indigenous 
language schooling research and cooperative, etc.); statement 
of compliance with proficiency requirements of applicable law 
and that the school provides assessment of student use of the 
Native language (where appropriate); and list of the 
qualifications of the staff to deliver effective instruction in 
the Native language. This section mandates that attendance and 
matriculation data will be collected to determine immersion 
best practices and to assist in the evaluation of such 
schooling. Additionally, it specifies that the grant authorizes 
eligible entities to develop a Native language alignment plan 
to create or refine assessments of student proficiency on State 
or tribally developed academic standards, and it requires 
grantees develop a plan to integrate high achievement in Native 
American language acquisition with improved student outcomes 
(e.g., academic achievement, high school graduation rates, 
college enrollment, etc.).
    Section 3(d) requires the Secretary of Education to 
determine that the amount and length of each grant and to 
ensure as much as possible the diversity of languages of 
instruction selected for the grant,
    Section 3(e) clarifies which activities the grants are 
authorized to fund. These activities include the support of 
Native language and development; development or refinement of 
instructional curricula; funding for training opportunities for 
teachers as appropriate staff in the furtherance of the 
immersion program; and other activities to promote Native 
language education and development.
    Section 3(f) mandates that each grantee provide an annual 
report to the Secretary of Education.
    Section 3(g) mandates the Secretary, in consultation with 
the Commissioner of the National Center for Education 
Statistics, compile a report to Congress that evaluates the 
outcomes of the grant program and evidence of Native language 
immersion student outcomes.
    Section 3(g) authorizes $5,000,000 for Fiscal Year 2016 and 
authorizes that funding may be appropriated for Fiscal Years 
2017, 2018, 2019, and 2020.

                   COST AND BUDGETARY CONSIDERATIONS

                                                 December 18, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1419, the Native 
Language Immersion Student Achievement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Leah 
Koestner.
            Sincerely,
                                                        Keith Hall.
    Enclosure.
    Summary: S. 1419 would amend the Elementary and Secondary 
Education Act of 1965 to authorize the Department of Education 
to award grants to organizations that develop, maintain, 
improve, or expand programs that use Native American languages 
as their primary language of instruction. The bill would 
authorize the appropriation of $5 million in fiscal year 2016, 
and such sums as may be necessary for fiscal years 2017 to 
2020. Those authorizations would automatically be extended one 
year, through 2021, under the General Education Provisions Act.
    CBO estimates that enacting S. 1419 would cost $17 million 
over the 2016-2020 period, assuming appropriation of the 
necessary amounts. Enacting S. 1419 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply to this legislation.
    Enacting S. 1419 would not increase net direct spending or 
on-budget deficits in any of the four 10-year periods beginning 
in 2026.
    S. 1419 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 1419 is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                        --------------------------------------------------------
                                                           2016     2017     2018     2019     2020   2016--2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level..........................        5        5        5        5        5         26
Estimated Outlays......................................        *        2        4        5        5        17
----------------------------------------------------------------------------------------------------------------
Notes: Components may not add to totals because of rounding.
        * = less than $500,000.

    Basis of estimate: S. 1419 would authorize the 
appropriation of $5 million for fiscal year 2016 and such sums 
as may be necessary in the following four fiscal years. After 
adjusting the $5 million authorized in 2016 for inflation in 
future years, CBO estimates that the bill would authorize 
appropriations totaling $26 million over the 2016-2020 period.
    Based on historical spending patterns of similar programs, 
and assuming appropriation of the estimated amounts, CBO 
projects that enacting the bill would cost $17 million over the 
2016-2020 period.
    Pay-As-You-Go considerations: None.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting S. 1419 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    Intergovernmental and private-sector impact: S. 1419 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Tribal governments and tribal entities 
would benefit from grant funds authorized in the bill. The 
grants could be used to improve and expand programs that use 
Native American languages as primary languages of instruction 
in schools.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 1419.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 1419 will 
have a minimal impact on regulatory or paperwork requirements.

                 CHANGES IN EXISTING LAW (CORDON RULE)

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
enactment of S. 1776 will not make any changes in existing law.

                                  [all]