Senate Report 117-46 - TO ESTABLISH A NATIVE AMERICAN LANGUAGE RESOURCE CENTER IN FURTHERANCE OF THE POLICY SET FORTH IN THE NATIVE AMERICAN LANGUAGE ACT

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

Calendar No. 176

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

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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--
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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.

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