II 

117TH CONGRESS 

1ST SESSION S. 680 

To award grants to States to establish or improve, and carry out, Seal 

of Biliteracy programs to recognize high-level student proficiency in 

speaking, reading, and writing in both English and a second language. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2021 

Mr. SCHATZ (for himself and Mrs. SHAHEEN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To award grants to States to establish or improve, and 

carry out, Seal of Biliteracy programs to recognize highlevel student proficiency in speaking, reading, and writing in both English and a second language. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Biliteracy Education 

5 Seal and Teaching Act’’ or the ‘‘BEST Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The people of the United States celebrate 

2 cultural and linguistic diversity and seek to prepare 

3 students with skills to succeed in the 21st century. 

4 (2) It is fitting to commend the dedication of 

5 students who have achieved proficiency in multiple 

6 languages and to encourage their peers to follow in 

7 their footsteps. 

8 (3) The congressionally requested Commission 

9 on Language Learning, in its 2017 report ‘‘Amer10 ica’s Languages: Investing in Language Education 

11 for the 21st Century’’, notes the pressing national 

12 need for more people of the United States who are 

13 proficient in 2 or more languages for national secu14 rity, economic growth, and the fulfillment of the po15 tential of all people of the United States. 

16 (4) The Commission on Language Learning 

17 also notes the extensive cognitive, educational, and 

18 employment benefits deriving from biliteracy. 

19 (5) Biliteracy in general correlates with higher 

20 graduation rates, higher grade point averages, high21 er rates of matriculation into higher education, and 

22 higher earnings for all students, regardless of back23 ground. 

24 (6) The study of America’s languages in ele25 mentary and secondary schools should be encouraged 


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1 because it contributes to a student’s cognitive devel2 opment and to the national economy and security. 

3 (7) Recognition of student achievement in lan4 guage proficiency will enable institutions of higher 

5 education and employers to readily recognize and ac6 knowledge the valuable expertise of bilingual stu7 dents in academia and the workplace. 

8 (8) States such as Utah, Arizona, Washington, 

9 and New Mexico have developed innovative testing 

10 methods for languages, including Native American 

11 languages, where no formal proficiency test currently 

12 exists. 

13 (9) The use of proficiency in a government-rec14 ognized official Native American language as the 

15 base language for a Seal of Biliteracy, with pro16 ficiency in any additional partner language dem17 onstrated through tested proficiency, has been suc18 cessfully demonstrated in Hawaii. 

19 (10) Students in every State and every school 

20 should be able to benefit from a Seal of Biliteracy 

21 program. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) ESEA DEFINITIONS.—The terms ‘‘English 

25 learner’’, ‘‘secondary school’’, and ‘‘State’’ have the 


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1 meanings given those terms in section 8101 of the 

2 Elementary and Secondary Education Act of 1965 

3 (20 U.S.C. 7801). 

4 (2) NATIVE AMERICAN LANGUAGES.—The term 

5 ‘‘Native American languages’’ has the meaning given 

6 the term in section 103 of the Native American Lan7 guages Act (25 U.S.C. 2902). 

8 (3) SEAL OF BILITERACY PROGRAM.—The term 

9 ‘‘Seal of Biliteracy program’’ means any program 

10 described in section 4(a) that is established or im11 proved, and carried out, with funds received under 

12 this Act. 

13 (4) SECOND LANGUAGE.—The term ‘‘second 

14 language’’ means any language other than English 

15 (or a Native American language, pursuant to section 

16 4(a)(2)), including Braille, American Sign Lan17 guage, or a Classical language. 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Education. 

20 SEC. 4. GRANTS FOR STATE SEAL OF BILITERACY PRO21 GRAMS. 

22 (a) ESTABLISHMENT OF PROGRAM.— 

23 (1) IN GENERAL.—From amounts made avail24 able under subsection (f), the Secretary shall award 

25 grants, on a competitive basis, to States to enable 


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1 the States to establish or improve, and carry out, 

2 Seal of Biliteracy programs to recognize student 

3 proficiency in speaking, reading, and writing in both 

4 English and a second language. 

5 (2) INCLUSION OF NATIVE AMERICAN LAN6 GUAGES.—Notwithstanding paragraph (1), each Seal 

7 of Biliteracy program shall contain provisions allow8 ing the use of Native American languages, including 

9 allowing speakers of any Native American language 

10 recognized as official by any American government, 

11 including any Tribal government, to use equivalent 

12 proficiency in speaking, reading, and writing in the 

13 Native American language in lieu of proficiency in 

14 speaking, reading, and writing in English. 

15 (3) DURATION.—A grant awarded under this 

16 section shall be for a period of 2 years, and may be 

17 renewed at the discretion of the Secretary. 

18 (4) RENEWAL.—At the end of a grant term, a 

19 State that receives a grant under this section may 

20 reapply for a grant under this section. 

21 (5) LIMITATIONS.—A State shall not receive 

22 more than 1 grant under this section at any time. 

23 (6) RETURN OF UNSPENT GRANT FUNDS.— 

24 Each State that receives a grant under this section 

25 shall return any unspent grant funds not later than 


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1 6 months after the date on which the term for the 

2 grant ends. 

3 (b) GRANT APPLICATION.—A State that desires a 

4 grant under this section shall submit an application to the 

5 Secretary at such time, in such manner, and containing 

6 such information and assurances as the Secretary may re7 quire, including— 

8 (1) a description of the criteria a student must 

9 meet to demonstrate the proficiency in speaking, 

10 reading, and writing in both languages necessary for 

11 the State Seal of Biliteracy program; 

12 (2) a detailed description of the State’s plan— 

13 (A) to ensure that English learners and 

14 former English learners are included in the 

15 State Seal of Biliteracy program; 

16 (B) to ensure that— 

17 (i) all languages, including Native 

18 American languages, can be tested for the 

19 State Seal of Biliteracy program; and 

20 (ii) Native American language speak21 ers and learners are included in the State 

22 Seal of Biliteracy program, including stu23 dents at tribally controlled schools and at 

24 schools funded by the Bureau of Indian 

25 Education; and 


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1 (C) to reach students, including eligible 

2 students described in subsection (c)(2) and 

3 English learners, their parents, and schools 

4 with information regarding the State Seal of 

5 Biliteracy program; 

6 (3) an assurance that a student who meets the 

7 requirements under paragraph (1) and subsection 

8 (c) receives— 

9 (A) a permanent seal or other marker on 

10 the student’s secondary school diploma or its 

11 equivalent; and 

12 (B) documentation of proficiency on the 

13 student’s official academic transcript; and 

14 (4) an assurance that a student is not charged 

15 a fee for providing information under subsection 

16 (c)(1). 

17 (c) STUDENT PARTICIPATION IN A SEAL OF

18 BILITERACY PROGRAM.— 

19 (1) IN GENERAL.—To participate in a Seal of 

20 Biliteracy program, a student shall provide informa21 tion to the State that serves the student at such 

22 time, in such manner, and including such informa23 tion and assurances as the State may require, in24 cluding an assurance that the student has met the 


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1 criteria established by the State under subsection 

2 (b)(1). 

3 (2) STUDENT ELIGIBILITY FOR PARTICIPA4 TION.—A student who gained proficiency in a second 

5 language outside of school may apply under para6 graph (1) to participate in a Seal of Biliteracy pro7 gram. 

8 (d) USE OF FUNDS.—Grant funds made available 

9 under this section shall be used for— 

10 (1) the administrative costs of establishing or 

11 improving, and carrying out, a Seal of Biliteracy 

12 program that meets the requirements of subsection 

13 (b); and 

14 (2) public outreach and education about the 

15 Seal of Biliteracy program. 

16 (e) REPORT.—Not later than 18 months after receiv17 ing a grant under this section, a State shall issue a report 

18 to the Secretary describing the implementation of the Seal 

19 of Biliteracy program for which the State received the 

20 grant. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 $10,000,000 for each of fiscal years 2022 through 2026. 

Æ 


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