[Senate Report 117-45]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 175
117th Congress       }                           {            Report
                                 SENATE
 1st Session         }                           {            117-45

======================================================================



 
          DURBIN FEELING NATIVE AMERICAN LANGUAGES ACT OF 2021

                                _______
                                

                December 2, 2021.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1402]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1402) to amend the Native American Languages Act to 
ensure the survival and continuing vitality of Native American 
languages, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The purpose of S. 1402 is to ensure the survival and 
continuing vitality of Native American languages by amending 
the Native American Languages Act (NALA).

                   BACKGROUND & NEED FOR LEGISLATION

    With enactment of NALA, Congress affirmed the U.S. 
responsibility to act together with Native American communities 
to ensure the survival of their languages.\1\ Congress has 
since undertaken substantial work to uphold the principles set 
out in NALA and support Native American community-led 
initiatives to maintain and revitalize these communities' 
languages.\2\
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    \1\NALA Sec. 102(1), 25 U.S.C. Sec.  2901(1).
    \2\For example, Congress enacted the Native American Languages Act 
of 1992, Pub. L. No. 102-524 (1992); Esther Martinez Native American 
Languages Preservation Act of 2006, Pub. L. No. 109-394 (2006); Native 
American and Alaska Native language immersion schools and program, [20 
U.S.C. Sec.  7453] (2015); and, Esther Martinez Native American 
Languages Programs Reauthorization Act, Pub. L. No. 116-101 (2019). 
Congress also provides annual and emergency supplemental funding to 
support the various Native American languages grant programs its 
authorized (e.g., Congress appropriated $13.6 million in FY2021 to 
Native American language programs at the Administration for Native 
Americans (Pub. L. No. 117-2 Sec.  11004) and $20 million in emergency 
COVID-19 supplemental funding for Native American languages in section 
11004 of the American Rescue Plan Act (Pub. L. No. 117-2 Sec.  11004 
(2021)).
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    However, aside from a first-year evaluation provision 
contained in the 1990 law,\3\ Congress has not directed any 
assessments to determine if federal agencies and polices comply 
with NALA or meet the goal of protecting and promoting Native 
American languages. In the 1990s and early 2000s, Native 
American language advocates, researchers, and international 
organizations sought to conduct evaluations of Native American 
language vitality.\4\ And while the U.S. Census Bureau 
published a report in 2011 estimating the number of Native 
American language speakers,\5\ there have been no consistent, 
on-going efforts to document and survey Native American 
language use and vitality nationwide.
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    \3\NALA Sec.  106, 25 U.S.C. Sec.  2905.
    \4\For example: UNESCO, Atlas of World's Languages in Danger 
(Christopher Moseley ed., 3rd ed. 2010); and, Leanne Hinton & Ken Hale, 
The Green Book of Language Revitalization in Practice (2013).
    \5\U.S. Census Bureau, ACSBR/10-10, American Communities Survey 
Briefs--Native American Languages Spoken at Home in the United States 
and Puerto Rico: 2006-2010 (2011), https://www2.census.gov/library/
publications/2011/acs/acsbr10-10.pdf.
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    Tribal leaders and Native American languages advocates 
point to the challenge of identifying the unmet needs of Native 
American language communities as preventing the U.S. from 
living up to the principles set forth in NALA. At a hearing to 
consider S. 1402, National Coalition of Native American 
Language Schools and Programs President Leslie Harper noted, 
``Timely, relevant data regarding the number of Native American 
language speakers, our unique community contexts, and capacity 
needs will provide support to justify increasing the resources 
available to Native American languages.''\6\ Cherokee Nation 
Principal Chief Chuck Hoskin, Jr., testified at the same 
hearing that S. 1402 ``will ensure that the federal government 
is upholding its promises and carrying out the policies 
designed to support Native languages.''\7\ `Aha Punana Leo CEO 
Ka`Iulani Laeha also testified that S. 1402 is a crucial step 
vital to Native American language normalization, stating:
---------------------------------------------------------------------------
    \6\Examining the COVID-19 Response in Native Communities: Native 
Languages One Year Later: Hearing Before the S. Comm. on Indian 
Affairs, 117th Cong. 17 (2021) (statements of Leslie Harper, Pres., 
Nat'l Coalition of Native American Language Schools and Programs).
    \7\[Id. at 13 (statement of Chuck Hoskin, Jr., Principal Chief, 
Cherokee Nation).]
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          S. 1402 requires more effective coordination between 
        federal entities that will minimize the current 
        interdepartmental disconnect and lack of understanding 
        of what is needed in the communities doing the work. 
        This bill requires increased reporting to understand 
        areas of importance to support our efforts and will 
        better evidence and communicate the progress or 
        shortcomings of the programs in place.\8\
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    \8\[Id. at 19 (statement of Ka`Iulani Laeha CEO, Aha Punana Leo).]
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                          SUMMARY OF THE BILL

    This bill would require:
           The President to submit a report to Congress 
        within 1 year of enactment, that--
            Describes recent evaluations undertaken by federal 
        agencies to ensure their policies and procedures comply 
        with NALA policies; and
            Makes recommendations, developed in consultation 
        with Tribes and Native American language communities, 
        to improve interagency coordination and reduce any 
        potential inefficiencies federal programs supporting 
        Native American languages
           The Secretary of Health and Human Services, 
        acting through the ANA Commissioner, to conduct surveys 
        every five years of Native American languages in the 
        United States.
    This bill also authorizes $1,500,000 in funding for the ANA 
for each year the Commissioner undertakes a required survey.

      SECTION-BY-SECTION ANALYSIS OF S. 1402, AS ORDERED REPORTED

Section 1. Short title

    Section 1 sets forth the short title of the bill as the 
``Durbin Feeling Native American Languages Act of 2021.'''

Section 2. Ensuring the Survival and continuing vitality of Native 
        American languages

    Section 2(a) amends section 106 of NALA to require the 
President to conduct an evaluation of federal agencies' 
policies and procedures comply with NALA and submit a report to 
Congress describing the results of that evaluation within one 
year of enactment of this Act. The report must describe the 
results of evaluation and include recommendations, developed in 
consultation with Tribes and Native American language 
communities, to improve interagency coordination and reduce any 
potential inefficiencies federal programs supporting Native 
American languages.
    Section 2(b) amends NALA by adding a new section that 
requires the Secretary of Health and Human Services, acting 
through the ANA Commissioner, to design and deploy quinquennial 
surveys of Native American languages use in the U.S.
    The Commissioner must design these surveys in consultation 
with Tribes and after considering feedback from Native American 
language communities. Additionally, within one year of 
enactment of the bill and prior to deploying any survey for 
enumeration, the Commissioner must provide a description of the 
survey design process and results to the public, the Senate 
Committee on Indian Affairs, and the House Natural Resources 
Committee.
    The survey must include information on--
           Which Native American languages are 
        currently spoken and indicators of their vitality or 
        endangerment;
           Maintenance and revitalization projects and 
        practices currently in use;
           Unmet Native American language resource 
        needs; and
           Any other areas determined necessary by the 
        Secretary, Tribes, and Native American language 
        communities.
    Within 90 days of completing a survey, the Commissioner 
must provide the results to the public, the Senate Committee on 
Indian Affairs, and the House of Natural Resources Committee.
    The Commissioner must also conduct outreach and engagement 
activities to inform Native American language communities about 
the goals, purposes, and benefits of the survey for Native 
American language communities. Additionally, the Commissioner 
may coordinate and enter into cooperative agreements with the 
Director of the Census Bureau for the purposes of carrying out 
this section.
    This section also authorizes $1,500,000 in funding for the 
ANA for each fiscal year preceding the fiscal year the ANA will 
deploy a required survey and each fiscal year during which the 
ANA is conducting a required survey.

                          LEGISLATIVE HISTORY

    On April 28, 2021, Senators Schatz and Murkowski introduced 
S. 1402, the Durbin Feeling Native American Languages Act of 
2021. The Senate referred the bill to the Committee on the same 
day. The Committee held an oversight and legislative hearing on 
the bill on May 26, 2021. The Committee then held a duly called 
business meeting to consider two bills, including S. 1402, on 
August 4, 2021, where the Committee ordered S. 1402 reported 
favorably by voice vote.
    At this time, there is no House companion bill for S. 1402.
    116th Congress. On November 10, 2020, Senators Udall and 
Murkowski introduced S. 4886, an identical predecessor bill to 
S. 1402. The Senate referred the bill to the Committee, but the 
Committee took no further action on the legislation prior to 
the end of the 116th Congress.

                   COST AND BUDGETARY CONSIDERATIONS

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 29, 2021.
Hon. Brian Schatz,
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. 1402, the Durbin 
Feeling Native American Languages Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jennifer 
Gray.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

   
   
   	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
   	
   	
    

    S. 1402 would require the Department of Health and Human 
Services to conduct a survey every five years on the use of 
Native American languages in the United States. The bill would 
authorize the appropriation of $1.5 million in each survey year 
and in each year prior to the survey. The bill also would 
require federal agencies, including the Departments of the 
Interior, Education, and Health and Human Services, to consult 
with Indian tribes to evaluate their policies and procedures 
regarding Native American languages. Within a year, those 
agencies would need to report to the Congress with legislative 
recommendations.
    For this estimate, CBO assumes that S. 1402 will be enacted 
before the end of calendar year 2021. Based on the timeline 
specified in the bill, CBO expects that the first survey on 
Native American languages would be conducted in 2023. CBO 
estimates that implementing that requirement would cost $3 
million over the 2022-2026 period, assuming appropriation of 
the authorized amounts.
    CBO estimates that implementing the requirements for 
various agencies to evaluate their policies and procedures 
regarding Native American languages would cost about $300,000 
over the 2022-2026 period.
    The costs of the legislation, detailed in Table 1, fall 
within budget functions 450 (community and regional 
development) and 500 (education, training, employment, and 
social services).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1402
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, millions of dollars--
                                                           -----------------------------------------------------
                                                                                                          2022-
                                                              2022     2023     2024     2025     2026     2026
----------------------------------------------------------------------------------------------------------------
Survey on Native American languages:
    Authorization.........................................        2        2        0        0        0        3
    Estimated Outlays.....................................        *        1        1        1        *        3
Evaluation and report:
    Estimated Authorization...............................        *        0        0        0        0        *
    Estimated Outlays.....................................        *        0        0        0        0        *
Total Changes Estimated:
    Authorization.........................................        2        2        0        0        0        3
    Estimated Outlays.....................................        *        1        1        1        *        3
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

    The CBO staff contacts for this estimate are Jennifer Gray 
(for the Department of Health and Human Services) and Jon Sperl 
(for the Department of the Interior). The estimate was reviewed 
by H. Samuel Papenfuss, Deputy Director of Budget Analysis.

               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. 1402 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 1402.

                        CHANGES IN EXISTING LAW

    On February 11, 2021 the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.

                                  [all]