59–010 

Calendar No. 376 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–215 

NATIVE LANGUAGE IMMERSION STUDENT ACHIEVEMENT 

ACT 

FEBRUARY 29, 2016.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 1419] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 1419), to promote the academic achievement of American Indian, Alaska Native, and Native Hawaiian children with the establishment of a Native American language grant program, having 

considered the same, reports favorably thereon with an amendment 

and recommends that the bill, as amended, do pass. 

PURPOSE

The purpose of S. 1419 is to establish a federal grant program 

specifically for Native American language immersion programs and 

to provide for their administration and the collection of data to determine the effectiveness of these programs. 

BACKGROUND

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.’ Further, NALA declares U.S. federal support for ‘the use 

of Native American languages as a medium of instruction.’ 

The Esther Martinez Native American Languages Preservation 

Act (NALPA), which builds on NALA, was signed into law in December 2006. NALPA further cemented the federal government’s 

policy of supporting the preservation of and continued education in 

Native American languages. Named after Esther Martinez, a Tewa 


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teacher and storyteller, NALPA bolsters federal support for Native 

language education by creating and funding programs described 

below. 

This bill builds upon the federal policy on Native American languages established by both NALA and NALPA. It would amend 

Title VII of the Elementary and Secondary Education Act of 1965 

(as in effect prior to the passage of the Every Student Succeeds Act 

(P.L. 114–95)) to establish a grant program that supports Native 

language immersion schools, including pre-kindergarten through 

post-secondary, that use Native American languages as the primary language of instruction. The grant program would promote 

and strengthen schools utilizing Native American languages as the 

primary language of instruction. This bill would authorize $5 million for Fiscal Year 2016 and such sums as are necessary for 4 succeeding Fiscal Years. 

LEGISLATIVE HISTORY

On May 21, 2015, Senator Tester introduced S. 1419, along with 

Senators Heinrich, Heitkamp, Schatz, and Udall. The bill was referred to the Senate Committee on Indian Affairs. On October 21, 

2015, the Committee met at a duly called business meeting to consider the bill. By voice vote, the Committee then ordered the bill 

to be reported favorably, with an amendment in the nature of a 

substitute, to the full Senate. A House companion bill has not been 

introduced. 

In the 113th Congress, Senator Tester introduced the predecessor bill, S. 1948, the Native Language Immersion Student 

Achievement Act, on January 16, 2014. With ten co-sponsors, the 

bill was referred to the Senate Committee on Indian Affairs. The 

Committee held a legislative hearing on the bill on June 18, 2014. 

On July 30, 2014, the Committee met at a duly called business 

meeting to consider the bill and ordered it reported favorably, with 

an amendment in the nature of a substitute, to the full Senate. No 

further action was taken by the Senate. On March 12, 2014, an 

identical House companion bill, H.R. 4214, was introduced by Representative Cole. The bill was referred to the Committee on Education and the Workforce. No further action was taken. 

SUMMARY OF AMENDMENT

Only one amendment was filed to S. 1419 to be considered at the 

business meeting on October 21, 2015. Senator Tester offered the 

amendment, in the nature of a substitute, to clarify the application 

and certain waiver processes for the language immersion programs 

and to clarify that local education agencies are considered eligible 

entities. 

SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1: Short title 

‘‘Native Language Immersion Student Achievement Act.’’ 

Section 2: Findings 

Section 2 sets forth the findings underlying the legislation. 


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Section 3: Native American language schools 

Section 3(a) establishes the purposes of the section: (1) to establish a grant program to support immersion instruction in Native 

American languages; and (2) to further establish support for Native 

language education into federal policy. 

Section 3(b) provides that the Secretary of Education may award 

grants to ‘eligible entities’ (defined as tribes, Tribal Colleges or 

Universities, tribal education agencies, schools, and private or tribal nonprofit organizations) providing prekindergarten through postsecondary educational institutions. Eligible entities may receive a 

grant if they have a plan to create and sustain—or improve and enhance—programs employing Native language immersion as the primary mode of instruction throughout the curriculum. Schools or 

programs that offer full curriculum instruction in multiple languages are also eligible under the Act, so long as at least one such 

offering is a Native American language. 

Section 3(c) sets forth the requirements of the application process 

for potential grantees. Applications must include the name of the 

Native American language of instruction; number of students enrolled at the institution; number of present hours for instruction; 

status of school (tribal, public, indigenous language schooling research and cooperative, etc.); statement of compliance with proficiency requirements of applicable law and that the school provides 

assessment of student use of the Native language (where appropriate); and list of the qualifications of the staff to deliver effective 

instruction in the Native language. This section mandates that attendance and matriculation data will be collected to determine immersion best practices and to assist in the evaluation of such 

schooling. Additionally, it specifies that the grant authorizes eligible entities to develop a Native language alignment plan to create 

or refine assessments of student proficiency on State or tribally developed academic standards, and it requires grantees develop a 

plan to integrate high achievement in Native American language 

acquisition with improved student outcomes (e.g., academic 

achievement, high school graduation rates, college enrollment, etc.). 

Section 3(d) requires the Secretary of Education to determine 

that the amount and length of each grant and to ensure as much 

as possible the diversity of languages of instruction selected for the 

grant, 

Section 3(e) clarifies which activities the grants are authorized to 

fund. These activities include the support of Native language and 

development; development or refinement of instructional curricula; 

funding for training opportunities for teachers as appropriate staff 

in the furtherance of the immersion program; and other activities 

to promote Native language education and development. 

Section 3(f) mandates that each grantee provide an annual report 

to the Secretary of Education. 

Section 3(g) mandates the Secretary, in consultation with the 

Commissioner of the National Center for Education Statistics, compile a report to Congress that evaluates the outcomes of the grant 

program and evidence of Native language immersion student outcomes. 

Section 3(g) authorizes $5,000,000 for Fiscal Year 2016 and authorizes that funding may be appropriated for Fiscal Years 2017, 

2018, 2019, and 2020. 


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COST AND BUDGETARY CONSIDERATIONS

DECEMBER 18, 2015. 

Hon. JOHN BARRASSO, 

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. 1419, the Native Language 

Immersion Student Achievement Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Leah Koestner. 

Sincerely, 

KEITH HALL. 

Enclosure. 

Summary: S. 1419 would amend the Elementary and Secondary 

Education Act of 1965 to authorize the Department of Education to 

award grants to organizations that develop, maintain, improve, or 

expand programs that use Native American languages as their primary language of instruction. The bill would authorize the appropriation of $5 million in fiscal year 2016, and such sums as may 

be necessary for fiscal years 2017 to 2020. Those authorizations 

would automatically be extended one year, through 2021, under the 

General Education Provisions Act. 

CBO estimates that enacting S. 1419 would cost $17 million over 

the 2016–2020 period, assuming appropriation of the necessary 

amounts. Enacting S. 1419 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply to this legislation. 

Enacting S. 1419 would not increase net direct spending or onbudget deficits in any of the four 10-year periods beginning in 

2026. 

S. 1419 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 effect of S. 1419 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— 

2016 2017 2018 2019 2020 2016— 

2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 5 5 5 5 5 26 

Estimated Outlays ........................................................................ * 2 4 5 5 17 

Notes: Components may not add to totals because of rounding. 

* = less than $500,000. 

Basis of estimate: S. 1419 would authorize the appropriation of 

$5 million for fiscal year 2016 and such sums as may be necessary 

in the following four fiscal years. After adjusting the $5 million authorized in 2016 for inflation in future years, CBO estimates that 

the bill would authorize appropriations totaling $26 million over 

the 2016–2020 period. 

Based on historical spending patterns of similar programs, and 

assuming appropriation of the estimated amounts, CBO projects 


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that enacting the bill would cost $17 million over the 2016–2020 

period. 

Pay-As-You-Go considerations: None. 

Increase in long-term net direct spending and deficits: CBO estimates that enacting S. 1419 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2026. 

Intergovernmental and private-sector impact: S. 1419 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Tribal governments and tribal entities would benefit from grant 

funds authorized in the bill. The grants could be used to improve 

and expand programs that use Native American languages as primary languages of instruction in schools. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 1419. 

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. 1419 will have a minimal impact on regulatory or paperwork requirements. 

CHANGES IN EXISTING LAW (CORDON RULE)

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that the enactment of S. 

1776 will not make any changes in existing law. 

Æ 


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