[Senate Report 117-46]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 176

117th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 117-46

======================================================================
 
TO ESTABLISH A NATIVE AMERICAN LANGUAGE RESOURCE CENTER IN FURTHERANCE 
      OF THE POLICY SET FORTH IN THE NATIVE AMERICAN LANGUAGE ACT

                                _______
                                

                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. 989]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 989) to establish a Native American language resource 
center in furtherance of the policy set forth in the Native 
American Languages Act, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                                PURPOSE

    This bill is intended to provide federal support for the 
establishment and operation of one or more Native American 
language resource centers in furtherance of the policies set 
forth in the Native American Languages Act (NALA) of 
1990.123
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    \1\Pub. L. 101-447 (1990); Leanne Hinton, Federal Language Policy 
and Indigenous Languages in the United States, in The Green Book of 
Language Revitalization in Practice 39-44 (Leanne Hinton and Ken Hale 
eds., 2001 (summarizing the history of federal policy regarding the 
Indigenous languages of the United States).
    \2\Robert D. Arnold, . . . To Help Assure the Survival and 
Continuing Vitality of Native American Languages, The Green Book of 
Language Revitalization in Practice 45-48 (Leanne Hinton and Ken Hale 
eds., 2001) (providing a first-hand perspective on the passage of NALA 
by a member of Senate staff).
    \3\See, S. Rep. 101-371 101st Cong. 2nd Sess. (describing the need 
for a change in federal policy regarding Native American Languages). 
NALA addresses recommandations made in Commission on Language Learning 
of the American Academy of Arts & Sciences, America's Languages: 
Investing in Language Education for the 21st Century X (2017) (calling 
for ``targeted support and programming for Native American Languages as 
defined in the Native American Languages Act'').
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                  BACKGROUND AND NEED FOR LEGISLATION

    The federal government supports language education through 
a variety of grants and programs, including the U.S. Department 
of Education's language resource center (LRC) grant program.\4\ 
This program, authorized through Title VI of the Higher 
Education Act, awards four-year competitive grants to 
institutions of higher education (IHEs) or consortia of IHEs to 
establish and operate national language resource centers that 
improve the capacity to teach and learn foreign languages 
effectively.\5\
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    \4\See https://www.nflrc.org/ (last visited Nov. 19, 2021).
    \5\The Modern Language Association periodically publishes data on 
the number of institutions offering non-English languages in the United 
States and enrollments in those languages. None of the 15 languages 
taught in the largest number of universities or with the largest number 
of students is a Native American language. Of some 65 Native American 
languages reportedly offered by 125 universities and colleges, 15 were 
not taught during the 2016 fall semester when the latest data was 
collected. This is in contrast to the number of institutions teaching 
Chinese (791), German (987), French (1,479) and Spanish (2,101), all 
language for which foreign countries provide language study support for 
American students.
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    With enactment of the NALA, Congress acknowledged that the 
United States has a responsibility to act together with Native 
American communities to ensure the survival of their 
languages.67 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 those communities' languages.\8\
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    \6\Pub. L. 101-447 Sec. 102(1), 25 U.S.C. Sec. 2901(1).
    \7\On November 15, 2021 the Departments of the Interior, Education, 
and Health & Human Services launced a multi-agency initiative to 
protect and preserve Native languages that recognizes over 150 years of 
language assimilation perpetuated against American Indian, Alaska 
Native and Native Hawaiian children. See https://www.ed.gov/news/press-
releases/departments-interior-education-and-health-human-services-
launch-multi-agency-initiative-protect-and-preserve-native-languages 
(last visited Dec. 2, 2021).
    \8\See e.g., 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. For example, in FY 2021 Congress 
appropriated $13.6 million 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 (Pub. L. No. 117-2 Sec. 11004 (2021)).
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    However, Native American language communities do not 
currently benefit from the U.S. Department of Education's LRC 
grant program.\9\ Several Native American language education 
experts testified before the Committee that the omission of 
Native American language communities from the benefits and 
resources offered by the LRC grant program left Native American 
languages at a disadvantage.\10\ Ms. Leslie Harper, President 
of the National Coalition of Native American Language Schools 
and Programs, stated:
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    \9\Nor do Native American languages benefit from language learning 
support found in other countries. For example, France, Spain, and other 
countries including geopolitical competitors like the Peoples Republic 
of China and Russia have active programs promoting their languages on a 
global scale.
    \10\Oversight Hearing on Examining the COVID-19 Response in Native 
Communities: Native Languages One Year Later, Hearing Before the S. 
Comm. on Indian Affairs, 117th Cong. (May 26, 2021) (statements of 
Leslie Harper, Pres., Nat'l Coalition of Native American Language 
Schools and Programs, Ka'iulani Laeha, CEO, `Aha Punana Leo, & 
Bernadette Alvanna-Stimplre, Chair, Alaska Native Language Preservation 
& Advisory Council).
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          Native American languages are being left behind. We 
        do not yet have an opportunity to do what the national 
        Language Resource Centers are doing for foreign 
        languages. Designing Native American Language Resource 
        Centers as partnerships between skilled local 
        practitioners, universities, and Tribal Colleges will 
        bring resources together to support language 
        revitalization in the intensive work that I believe is 
        sorely needed.\11\
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    \11\Id.
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                          SUMMARY OF THE BILL

    This bill authorizes $3,000,000 per year for the Secretary 
of Education to make a grant to, or enter into a contract to 
establish, operate, and staff one or more Native American 
language resource and training centers with IHEs, a consortium 
of IHEs, or a consortium of IHEs and other entities with unique 
responsibilities for Native American languages. The bill 
further requires Native American Language Resource Centers 
supported by the U.S. Department of Education program to serve 
as a resource to support Native American language use, 
revitalization, and instruction through a list of required 
activities.\12\
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    \12\The Native American Language Resource Center Act aligns with 
the needs descriptions and recommendations relative to Native American 
languages contained in, Commission on Language Learning of the American 
Academy of Arts & Sciences, America's Languages: Investing in Language 
Education for the 21st Century (2017).
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           SECTION-BY-SECTION ANALYSIS OF S. 989, AS AMENDED

Section 1--Short title

    This section sets forth the short title as the Native 
American Language Resource Center Act of 2021.

Section 2--Native American Language Resource Centers

    Section 2(a) states the purpose of the bill is to further 
align the resources provided by the U.S. Department of 
Education with the policies set forth in the NALA through 
establishment of a program within the agency to support one or 
more Native American language resource centers.
    Section 2(b) authorizes the Secretary of Education to 
initiate a grant program to establish a Native American 
language resource center, staffed by Native American language 
speakers, individuals with Native American language education 
experience, and other relevant expertise.
    Section 2(c) delineates Native American language resource 
center mandatory activities: to improve the capacity to teach 
and learn Native American languages; further Native American 
language use and acquisition; promote the rights and freedom of 
Native Americans to develop their indigenous languages in 
furtherance of the policies of NALA and the U.S. trust 
responsibility; address the effects of past discrimination and 
ongoing inequities experienced by Native American language 
speakers;\13\ support the revitalization and reclamation of 
Native American languages; and support the use of Native 
American languages as a medium of instruction for a wide 
variety of age levels, academic content areas, and types of 
schools.\14\
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    \13\Since 1993 there have been provisions in the Elementary and 
Secondary Education (ESE) Act that build from NALA. For example, the 
definition of Native Americans and Native American languages and the 
definition of English language learning in the ESE is based on section 
8 of NALA. Additionally sections 3127 and 3124 that provide for use of 
Native American languages as the medium of education, assessment and 
other protections have not been fully implemented by the U.S. 
Department of Education and other federal and state educational 
entities. The establishment of a Native American language resource 
center would provide assistance to those educational entities in 
meeting the requirements and intent of those legal provisions.
    \14\Allison M. Dussias, Waging War with Words: Native Americans' 
Continuing Struggle Against the Suppression of Their Languages (1999) 
(detailing the historic suppression of Native American languages by the 
federal government as well as efforts by Native Americans to sustain 
their languages).
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    Section 2(d) delineates optional activities of a Native 
American language resource center: to encourage parity in 
treatment for the use of Native American languages and other 
world languages within educational systems;\15\ support the 
development of education metrics aligned with the Native 
American language of instruction; provide federal resources, 
technical assistance, distance learning curricula, training and 
technologies, and share promising practices in the use and 
revitalization of indigenous languages; provide teacher 
preparation programming for the teaching of, and through, 
Native American languages, including through appropriate 
alternative pathways to teacher certification; and the 
operation of intensive summer institutes and other intensive 
programs to train Native American language speakers to provide 
professional development, and to improve Native American 
language instruction through preservice and in-service language 
training.
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    \15\See e.g., Jonah S. Berger et al., Language Requirement Changes 
Pave Way for Harvard Students Seeking Credit for Native Languages, The 
Harvard Crimson (Jan. 22, 2019) (describing how Native American 
students have had an extremely difficult time convincing universities 
to comply with sections 104(7) and (8) of Pub. L. 101-447), available 
at https://www.thecrimson.com/article/2019/1/22/new-language-
requirement-native-languages/ (last visited Dec. 2, 2021). A National 
Native American language resource center has the potential to advocate 
for such students and to assist universities in developing policies and 
procedures in support of Native American language speaking Native 
American students.
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    Section 2(e) defines key terms by statutory reference to 
the Elementary and Secondary Education Act of 1965, the Higher 
Education of 1965, and the Native American Language Act of 
1990. The term ``eligible entity'' is defined as an institution 
of higher education with dedicated expertise in Native American 
language and culture education, an entity within an institution 
of higher education, or a consortium of at least one or more 
such institution or entity.
    Section 2(f) authorizes appropriations of $3,000,000 for 
each fiscal year to carry out the Native American language 
resource center grant or contract created by this section.

                          LEGISLATIVE HISTORY

    On March 25, 2021, Senators Schatz and Smith introduced S. 
989, the Native American Language Resource Center Act. The 
Senate referred the bill to the Committee on the same day. The 
Committee held an oversight and legislative hearing where it 
considered the bill on May 26, 2021. The Committee then held a 
duly called business meeting to consider two bills, including 
S. 989, on August 4, 2021. Prior to the business meeting, 
Chairman Schatz filed an amendment in the nature of a 
substitute to S. 989 to make technical corrections and clarify 
congressional intent. The Committee adopted the amendment by 
voice vote and ordered S. 989, as amended, reported favorably 
also by voice vote. On August 5, 2021, Vice Chair Murkowski 
joined S. 989 as a co-sponsor.
    U.S. Representatives Young, Leger Fernandez, Cleaver, 
Eshoo, Gallego, Garcia of Texas, Kahele, Kilmer, Maloney, 
Moore, O'Halleran and Price along with Delegate Sablan 
introduced H.R. 2271, an identical companion bill, on March 26, 
2021. The House of Representatives referred the bill to the 
Committee on Education and Labor that same day; no further 
action has been taken.
    116th Congress. On August 6, 2020, Senators Schatz, Udall, 
and Warren introduced S. 4510, a predecessor bill to S. 989. 
The Senate referred the bill to the Committee, but the 
Committee took no further action on the legislation prior to 
the conclusion of the 116th Congress.
    U.S. Representatives Haaland, Young, Case, Cleaver, Cook, 
Eshoo, Gallego, Garcia of Texas, Kilmer, Lee of California, 
Lieu, Lowenthal, Lujan, Maloney, Moore, O'Halleran, and Price, 
along with Delegate Norton, introduced H.R. 8729, an identical 
companion bill to S. 4510 on November 5, 2020. The House of 
Representatives referred the bill to the Committee on Education 
and Labor that same day. Representatives Ocasio-Cortez, 
Brownley, and Blumenauer later joined the bill as co-sponsors. 
However, the Committee on Education and Labor took no further 
action on the legislation prior to the conclusion of the 116th 
Congress.

                   COST AND BUDGETARY CONSIDERATIONS



    S. 989 would authorize the appropriation of $3 million for 
fiscal year 2022 and each year thereafter for the Department of 
Education to make grants to or enter into contracts with 
organizations to operate Native American language resource and 
training centers. Based on the historical spending patterns of 
similar programs, CBO estimates that implementing S. 989 would 
cost $11 million over the 2022-2026 period, assuming 
appropriation of the authorized amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 500 (education, training, employment, 
and social services).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 989
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                                                                    By fiscal year, millions of dollars--
                                                           -----------------------------------------------------
                                                                                                          2022-
                                                              2022     2023     2024     2025     2026     2026
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Authorization.............................................        3        3        3        3        3       15
Estimated Outlays.........................................        *        2        3        3        3       11
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* = between zero and $500,000.

    The CBO staff contact for this estimate is Justin Humphrey. 
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. 989 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 989.

                        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]