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                                                       Calendar No. 541
113th Congress  }                                           {    Report
  2d Session    }                 SENATE                    {   113-266

=======================================================================
 
     AMENDING THE NATIVE AMERICAN PROGRAMS ACT OF 1974 TO PROVIDE 
 FLEXIBILITY AND REAUTHORIZATION TO ENSURE THE SURVIVAL AND CONTINUING 
                 VITALITY OF NATIVE AMERICAN LANGUAGES 

                                _______
                                

                October 1, 2014.--Ordered to be printed

Filed, under authority of the order of the Senate of September 18, 2014

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2299]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2299) to amend the Native American Programs Act of 
1974 to reauthorize a provision to ensure the survival and 
continuing vitality of Native American languages, having 
considered the same, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
bill, as amended, do pass.

                                PURPOSE

    The purpose of S. 2299 is to provide additional flexibility 
for and the reauthorization of the Esther Martinez Native 
Languages Preservation Act grant program, which is administered 
by the Administration for Native Americans in the U.S. 
Department of Health and Human Services.

                         BACKGROUND AND HISTORY

History of key federal laws supporting Native American languages

    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.''\1\ Further, NALA declares U.S. 
federal support for ``the use of Native American languages as a 
medium of instruction''.\2\ Congress recognized a number of 
reasons for encouraging instruction in Native languages, 
including not only language survival and community pride, but 
also improved educational opportunity and increased student 
achievement.
---------------------------------------------------------------------------
    \1\(Native American Languages Act of 1990 [NALA], 25 U.S.C. 2903).
    \2\(NALA, 25 U.S.C. 2903).
---------------------------------------------------------------------------
    The Esther Martinez Native American Languages Preservation 
Act (NALPA), amended NALA, was signed into law in December 
2006. Named after Ms. Esther Martinez, a Tewa teacher and 
storyteller, NALPA bolsters Federal support for Native language 
education by creating and funding the following programs:
    Native American language nests are educational programs 
that provide instruction and childcare to at least 10 children 
under the age of 7 and offer Native language classes to 
parents. Such programs use Native American language as the 
primary language of instruction. Native language survival 
schools are similar to language nests but have broader 
objectives.
    Located in regions with high numbers of Native Americans, 
these schools provide a minimum of 500 hours of instruction in 
at least one Native American language to at least 15 students. 
These schools aim to achieve student fluency in a Native 
American language alongside proficiency in mathematics, 
science, and language arts. Moreover, survival schools provide 
for teacher training and develop instructional courses and 
materials to advance Native American language learning and 
teaching.
    Native language restoration programs operate one or more 
Native American language programs. In addition to delivering 
instruction in at least one Native American language, these 
programs provide training to Native American language teachers 
and develop instructional materials for Native American 
language programs. Funds are given to restoration programs for 
a variety of activities that increase proficiency in at least 
one Native American language, such as language immersion 
programs, culture camps, Native American language teacher 
training programs, and the development of books and other 
media.
    During the 113th Congress, the Committee has held five 
hearings on Indian education. At each hearing, the Committee 
heard from witnesses on the importance of Native languages and 
culture to academic and social success for Native students.
    Competitive grants specifically authorized for Native 
American language programs are awarded by the following Federal 
agencies:
           Administration for Native Americans (under 
        the Native American Languages Act of 1992);
           Office of Bilingual Education and Minority 
        Languages Affairs (under Title VII, Improving America's 
        Schools Act);
           National Park Service (Keepers of the 
        Treasures program);
           National Endowment for the Humanities (as 
        well as humanities councils in various States).

 PRESERVATION AND MAINTENANCE AND THE ESTHER MARTINEZ INITIATIVE GRANT 
                                PROGRAM

    The Native American Languages Act of 1992 established the 
Preservation and Maintenance (P&M;) grant program within the 
Native American Programs Act of 1974 to ensure the survival of 
Native American languages. The Native American languages grant 
program was last reauthorized by Congress through the Esther 
Martinez Native American Languages Preservation Act (Public Law 
109-394) in 2006; the authorization expired in 2012. This Act 
not only reauthorized the Native American language grant 
program and expanded the program to also include the Esther 
Martinez Initiative (EMI) to support and strengthen Native 
American language immersion programs, including language nests, 
language survival schools, and language restoration programs.
    The Department of Health and Human Services (HHS) houses 
the Administration for Native Americans (ANA) which administers 
grant funding under the Native American Programs Act of 1974. 
Language maintenance grant funding provides opportunities for 
grantees to assess, plan, develop, and implement projects to 
ensure the survival and continuing vitality of native 
languages. ANA has also formed a Native Languages Workgroup to 
ensure the program is meeting ANA goals and providing technical 
assistance to grantees and potential grantees.
    In the FY 2014 Omnibus, the ANA was funded at $46,520,000, 
and the President's Fiscal Year 2015 budget requested level 
funding. In the Senate's Fiscal Year 2014 HHS budget report on 
ANA programming, appropriators included language to have a set-
aside of $12 million for Native American language preservation 
activities, including no less than $4 million for language 
immersion programs. In fiscal year 2013, ANA awarded a total of 
$13,361,440 of grant funding for Native American language--
$8,352,068 Preservation and Maintenance and $5,009,372 for the 
Ester Martinez Initiative. Fifty-nine language programs 
throughout Indian Country were funded in the last 
reauthorization.
    In the 2012 report on the Impact and Effectiveness of 
Administration for Native American Projects, out of the 63 
total language grantees, ANA evaluated 22 language projects 
from across Indian Country. The 2012 impact data showed that 
from these 22 projects a total of 178 language teachers were 
trained in teaching native languages; 2,340 youth had increased 
their ability to speak a Native language or achieved fluency; 
and 2,586 adults had increased their ability to speak a Native 
language or achieved fluency.

               IMPROVEMENTS TO THE CURRENT GRANT PROGRAM

Duration of grants

    During a June 18, 2014, Senate Committee on Indian Affairs 
hearing, ANA stated that based on grantee interviews, there is 
a general sentiment to increase the duration of language grants 
up to a five-year basis. ANA testified that by expanding its 
authority to increase the duration of awards, projects will 
become more sustainable and yield increased results. P&M; grants 
are currently awarded on a one-, two-, and three-year basis and 
EMI grants are awarded on a three-year basis. S. 2299 alters 
Sec. 803C(e)(2) of the Native American Program Act of 1974 to 
extend Native language grants up to a five-year basis.
    The ANA has done preliminary analysis on the effects that 
this change would have on the number of grant awards made each 
year. ANA expects that there will not be a significant decrease 
in total number of grants active each year, but there will be a 
shift from new project awards to awards for continuing 
projects. ANA awards, on average, 16 new P&M; grants each year, 
with about 40 total active at any given time. New P&M; grant 
awards would be expected to drop by 20-30 percent or by two to 
five projects. ANA awards on average roughly six EMI grants per 
year and has around 18 active EMI grants at any given time. New 
EMI grant awards would be expected to drop 20-40 percent or 
about one to three projects. ANA's analysis on project duration 
found that as the duration of the project increased, the impact 
of the project significantly increased. ANA believes that 
increasing the duration of years will increase the number of 
individuals achieving fluency, the number of teachers trained, 
and the chances of a project's sustainability.

Language nests and survival school student minimums

    During a June 18, 2014, Committee on Indian Affairs 
hearing, the ANA stated that grantees have requested that the 
criteria for student minimums be lowered. By lowering the 
requirement for language nests from 10 to 5 students and for 
survival schools from 15 to 10 students, the ANA testified that 
more projects would be eligible in lower-populated and remote 
areas. This bill would amend Sec. 803C(b)(7) of the Native 
American Program Act of 1974 to lower the requirement for the 
minimum number of children in language nests from 10 to 5 
children and lower requirement for the minimum number of 
children in survival schools from 15 to 10 children.

                          LEGISLATIVE HISTORY

    S. 2299 was introduced on May 7, 2014, by Senator Tim 
Johnson (D-SD), along with Senators Lisa Murkowski (R-AK), Mark 
Begich (D-AK), Al Franken (D-MN), Martin Heinrich (D-NM), Mazie 
Hirono (D-HI), Angus King (I-ME), Brian Schatz (D-HI), Jon 
Tester (D-MT), and Tom Udall (D-NM) as original cosponsors. 
Senator John Walsh (D-MT) later signed on as a cosponsor. The 
bill was referred to the Committee on Indian Affairs. On June 
18, 2014, committee held a hearing on the bill. On July 30, 
2014, the committee met at a business meeting to consider the 
bill. Two amendments were offered and adopted, and the bill, as 
amended, was ordered to be favorably reported to the Senate by 
voice vote.
    There is a similar bill in the House of Representatives--
H.R. 726. The bill was introduced on February 14, 2013, by 
Congressman Ben Ray Lujan (D-NM), with Congressmen Colleen 
Hanabusa (D-HI), Betty McCollum (D-MN), James Moran (D-VA), 
Gloria Negrete McLeod (D-CA), Stevan Pearce (R-NM), Lucille 
Roybal-Allard (D-CA) and Louise McIntosh Slaughter (D-NY) as 
original cosponsors. Congressmen Raul Grijalva (D-AZ), Ed 
Pastor (D-AZ) and Raul Ruiz (D-CA) were later added as 
cosponsors. The bill was referred to the Committee on Education 
and the Workforce. It was later referred to the Subcommittee on 
Higher Education and Workforce Training.

                          SUMMARY OF AMENDMENT

    Senator Johnson of South Dakota filed two amendments, which 
were agreed to. The first was an amendment in the nature of a 
substitute and made the following changes:

Duration of grants

    During a June 18, 2014, Senate Committee on Indian Affairs 
hearing, the Administration for Native Americans (ANA) stated 
that based on grantee interviews, there is a general sentiment 
to increase the duration of language grants up to a five-year 
basis. ANA testified that by expanding its authority to 
increase the duration of awards, projects will become more 
sustainable and yield increased results. Preservation and 
Maintenance (P&M;) grants are currently awarded on a one-, two-, 
and 3-year basis and Esther Martinez Immersion (EMI) grants are 
awarded on a three-year basis. This amendment altered 
Sec. 803C(e)(2) of the Native American Program Act of 1974 to 
permit grants a life of three, four or five years and would 
eliminate the three-year requirement.
    ANA has done preliminary analysis on the effects that this 
change would have on the number of grant awards made each year. 
ANA expects that there will not be a significant decrease in 
total number of grants active each year, but there will be a 
shift from new project awards to awards for continuing 
projects. ANA awards on average 16 new P&M; grants each year, 
with about 40 total active at any given time. New P&M; grant 
awards would be expected to drop by 20-30 percent, or by two to 
five projects. ANA awards on average roughly six EMI grants per 
year and has around 18 active EMI grants at any given time. New 
EMI grant awards would be expected to drop 20-40 percent, or 
about one to three projects. ANA's analysis on project duration 
found that as the duration of the project increased, the impact 
of the project significantly increased. ANA believes that 
increasing the duration of years will increase the number of 
individuals achieving fluency, the number of teachers trained, 
and the chances of a project's sustainability.

Language nests and survival school student minimums

    During a June 18, 2014, Senate Committee on Indian Affairs 
hearing, ANA stated that grantees have requested that the 
criteria for student minimums be lowered. By lowering the 
requirement for language nests from 10 to 5 students and for 
survival schools from 15 to 10 students, ANA believes that more 
projects would be eligible in lower populated and remote areas. 
This amendment altered Sec. 803C(b)(7) of the Native American 
Program Act of 1974 to lower the minimum number of children in 
language nests from 10 to 5 children and lower the minimum 
number of children in survival schools from 15 to 10 children.
    The second amendment simply updated the title of the bill 
to reflect the changes above. Amendments to the title must be 
done separately from a substitute amendment.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1. Short title

    Section 1 sets forth the short title of the bill as the 
``Native American Languages Reauthorization Act of 2014.''

Section 2. Native American languages grant program

    Section 2 changes the current requirement for the minimum 
number of enrollees in the survival schools from 15 to 10 
students and language nests from 10 to 5 students. It further 
amends the length of the P&M; grants from three years to 
allowing the grant to be for three, four, and five year 
durations as well as changing the duration of the EMI grants 
from three years to three, four, and five years.

Section 3. Reauthorization of the Native American languages program

    Section 3 reauthorizes Sec. 816(e) of the Native American 
Programs Act of 1974 (42 U.S.C. 2992d(e)) from 2015 to 2019.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated August 27, 2014, was 
prepared for S. 2299.

                                                   August 27, 2014.
Hon. Jon Tester,
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. 2299, the Native 
American Languages Reauthorization Act of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Elizabeth 
Cove Delisle.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2299--Native American Languages Reauthorization Act of 2014

    Summary: S. 2299 would authorize through 2019 a grant 
program to preserve Native American languages. CBO estimates 
that implementing the legislation would cost $17 million over 
the 2015-2019 period, assuming appropriation of the necessary 
amounts.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 2299 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 impact of S. 2299 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--
                                                              --------------------------------------------------
                                                                2015    2016    2017    2018    2019   2015-2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level................................       4       4       4       5       5        22
Estimated Outlays............................................       *       4       4       4       4       17
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that S. 
2299 will be enacted around the beginning of fiscal year 2015 
and that the estimated amounts will be appropriated for each 
fiscal year. Estimated outlays are based on historical spending 
patterns for the Native languages program.
    The legislation would authorize the Native American 
Language Preservation and Maintenance grant program through 
2019. Specifically, it would authorize the appropriation of 
such sums as may be necessary to carry out the program and 
would establish a period of availability for those grants of 
five years. It also would allow grant recipients to serve fewer 
children per grant than previously authorized.
    The authorization of the Native languages program expired 
at the end of fiscal year 2012. However, the Congress has 
continued to appropriate funds including about $4 million in 
2014 for grants under that program. Assuming continued 
appropriations at that level and adjusting for anticipated 
inflation, CBO estimates that implementing S. 2299 would cost 
$17 million over the 2015-2019 period.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 2299 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Tribal agencies would benefit from grants 
authorized in the bill for ensuring the survival and continuing 
vitality of Native American languages.
    Estimate prepared by: Federal Costs: Elizabeth Cove 
Delisle; Impact on State, Local, and Tribal Governments: J'nell 
L. Blanco; Impact on the Private Sector: Tristan Hanon.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that 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. 2299 will have a minimal impact on regulatory or paperwork 
requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 2299.

                        CHANGES IN EXISTING LAW

    On July 30, 2014, the Committee on Indian Affairs 
unanimously approved a motion by Chairman Tester to waive the 
Cordon rule. Thus, in the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate in order to expedite the business 
of the Senate.