II 

116TH CONGRESS 

1ST SESSION S. 1161 

To support the education of Indian children. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2019 

Mr. TESTER (for himself and Mr. UDALL) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To support the education of Indian children. 

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 ‘‘Native Educator Sup5 port and Training Act’’ or the ‘‘NEST Act’’. 


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1 TITLE I—STUDENT ASSISTANCE 

2 PART A—SCHOLARSHIPS FOR THE STUDY OF 

3 EDUCATION AND SCHOOL ADMINISTRATION 

4 SEC. 101. SCHOLARSHIP PROGRAMS FOR EDUCATORS OF 

5 INDIAN STUDENTS AND INDIAN EDUCATORS. 

6 Part B of title II of the Higher Education Act of 

7 1965 (20 U.S.C. 1031 et seq.) is amended by adding at 

8 the end the following: 

9 ‘‘Subpart 6—Indian Educator Scholarship Program 

10 ‘‘SEC. 259A. PURPOSE; DEFINITIONS. 

11 ‘‘(a) PURPOSE.—The purposes of this subpart are— 

12 ‘‘(1) to carry out the United States trust re13 sponsibility for the education of Indian children; and 

14 ‘‘(2) to provide a more stable base of education 

15 professionals with an understanding of the needs of 

16 Indian students to serve in early childhood education 

17 programs, public elementary schools and secondary 

18 schools, schools funded by the Bureau of Indian 

19 Education, the Department, State educational agen20 cies, tribal educational agencies, and local edu21 cational agencies. 

22 ‘‘(b) DEFINITIONS.—In this subpart: 

23 ‘‘(1) The term ‘Indian’ has the meaning given 

24 that term in section 316(b). 


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1 ‘‘(2) The term ‘Bureau-funded school’ has the 

2 meaning given that term in section 1141 of the Edu3 cation Amendments of 1978 (25 U.S.C. 2021). 

4 ‘‘(3) The term ‘Native-serving institution of 

5 higher education’ means any institution of higher 

6 education eligible under section 316, 317, or 319. 

7 ‘‘(4) The term ‘tribal educational agency’ has 

8 the meaning given the term in section 6132(b) of 

9 the Elementary and Secondary Education Act of 

10 1965. 

11 ‘‘(5) The term ‘Bureau of Indian Education 

12 early childhood development program’ means a pro13 gram operating under a grant authorized by section 

14 1139 of the Education Amendments of 1978 (25 

15 U.S.C. 2019). 

16 ‘‘(6) The term ‘tribal early childhood education 

17 program’ means any of the following programs: 

18 ‘‘(A) An American Indian or Alaska Native 

19 Head Start or Early Head Start program car20 ried out under the Head Start Act (42 U.S.C. 

21 9831 et seq.). 

22 ‘‘(B) A tribal child care and development 

23 program carried out under the Child Care and 

24 Development Block Grant Act of 1990 (42 

25 U.S.C. 9858 et seq.). 


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1 ‘‘(C) A program serving children from 

2 birth through age 6 that— 

3 ‘‘(i) receives funding support from the 

4 Native American language preservation 

5 and maintenance program carried out 

6 under section 803C of the Native Amer7 ican Programs Act of 1974 (42 U.S.C. 

8 2991b–3); 

9 ‘‘(ii) is a tribal prekindergarten pro10 gram; 

11 ‘‘(iii) is a program authorized under 

12 section 619 or part C of the Individuals 

13 with Disabilities Education Act; or 

14 ‘‘(iv) is a center-based or group-based 

15 early childhood learning or development 

16 program that the Secretary determines 

17 shall be included under this definition, 

18 after receiving a request from an Indian 

19 tribe. 

20 ‘‘SEC. 259B. TERMS AND CONDITIONS OF SCHOLARSHIP 

21 CONTRACTS. 

22 ‘‘(a) IN GENERAL.—Unless otherwise specified, a 

23 scholarship grant under this subpart shall have the terms 

24 and conditions described in this section. 

25 ‘‘(b) CONTENTS OF CONTRACT.— 


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1 ‘‘(1) IN GENERAL.—The written contract be2 tween the Secretary and the individual receiving a 

3 scholarship grant under this subpart shall contain 

4 the following: 

5 ‘‘(A) A statement that the Secretary 

6 agrees to provide the individual with a scholar7 ship in accordance with section 259C, 259D, or 

8 259E, as the case may be. 

9 ‘‘(B) A statement that the individual 

10 agrees— 

11 ‘‘(i) to accept the relevant scholarship 

12 under this subpart; 

13 ‘‘(ii) to maintain enrollment in the 

14 course of study for which the scholarship 

15 was awarded until the individual completes 

16 the course of study; 

17 ‘‘(iii) while enrolled in such course of 

18 study, to maintain an acceptable level of 

19 academic standing (as determined by the 

20 Secretary, taking into account the require21 ments of the institution of higher edu22 cation offering such course of study); and 

23 ‘‘(iv) to serve, through full-time em24 ployment at an eligible school or eligible 

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1 tion 259C, 259D, or 259E, as the case 

2 may be), for a time period (referred to in 

3 this section as the ‘period of obligated 

4 service’) equal to the greater of— 

5 ‘‘(I) 1 year for the equivalent of 

6 each school year for which the indi7 vidual was provided a scholarship 

8 under this subpart; or 

9 ‘‘(II) 3 years. 

10 ‘‘(C) A statement of the damages to which 

11 the United States is entitled, under subsection 

12 (d), for the individual’s breach of the contract. 

13 ‘‘(D) Any other relevant statements of the 

14 rights and liabilities of the Secretary and of the 

15 individual, in accordance with the provisions of 

16 this subpart. 

17 ‘‘(2) PERIOD OF OBLIGATED SERVICE.— 

18 ‘‘(A) IN GENERAL.—The recipient of a 

19 scholarship grant under this subpart shall be 

20 required to carry out a period of obligated serv21 ice, as described in paragraph (1)(B)(iv). 

22 ‘‘(B) DEFERMENT.— 

23 ‘‘(i) IN GENERAL.—At the request of 

24 an individual who has entered into a con25 tract described in this subsection, the SecVerDate Sep 11 2014 20:53 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1161.IS S1161

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1 retary shall grant a deferment for the pe2 riod of obligated service of such individual 

3 under such contract for any of the fol4 lowing reasons: 

5 ‘‘(I) ADVANCED STUDY.—For ad6 vanced study to enable such individual 

7 to complete a course of study— 

8 ‘‘(aa) leading to an ad9 vanced degree in early childhood 

10 education, elementary or sec11 ondary education, or school ad12 ministration; or 

13 ‘‘(bb) needed to become cer14 tified by a State or Indian tribe 

15 to teach, for an appropriate pe16 riod (in years, as determined by 

17 the Secretary). 

18 ‘‘(II) FAMILY AND MEDICAL

19 LEAVE.—For family or medical leave 

20 for a period in alignment with section 

21 102 of the Family and Medical Leave 

22 Act of 1993 (29 U.S.C. 2612) and as 

23 approved by the Secretary. 

24 ‘‘(III) MILITARY SERVICE.—If 

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1 tional Guard or other reserve compo2 nent of the Armed Forces of the 

3 United States, or a member of such 

4 Armed Forces in a retired status, and 

5 such individual is called or ordered to 

6 active duty (as defined in section 

7 101(d)(1) of title 10, United States 

8 Code), such individual shall be eligible 

9 for a deferment during the period of 

10 active duty and for an appropriate pe11 riod (as determined by the Secretary) 

12 after returning from active duty. 

13 ‘‘(ii) CONDITIONS OF DEFERMENT.— 

14 A deferment granted under this subpara15 graph shall be subject to the following con16 ditions: 

17 ‘‘(I) The deferment period shall 

18 not be counted as satisfying any pe19 riod of obligated service that is re20 quired under this section. 

21 ‘‘(II) The period of obligated 

22 service of the individual shall com23 mence at the later of— 

24 ‘‘(aa) 90 days after the com25 pletion of the deferment period; 


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1 ‘‘(bb) the commencement of 

2 the first school year at the school 

3 where the individual has been 

4 hired that begins after the com5 pletion of the deferment; or 

6 ‘‘(cc) a date specified by the 

7 Secretary. 

8 ‘‘(C) PART-TIME STUDY.—In the case of 

9 an individual receiving a scholarship under this 

10 subpart who is enrolled part-time in an ap11 proved course of study— 

12 ‘‘(i) a scholarship under this subpart 

13 shall be for a period of years not to exceed 

14 the part-time equivalent of 4 years, as de15 termined by the Secretary; 

16 ‘‘(ii) the period of obligated service 

17 shall be equal to the greater of— 

18 ‘‘(I) 1 year for the equivalent of 

19 each full-time academic year for which 

20 the individual was provided a scholar21 ship (as determined by the Secretary 

22 by adding the fractions of a full-time 

23 academic year that each period of 

24 part-time attendance comprises); or 

25 ‘‘(II) 2 years; and 


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1 ‘‘(iii) the amount of the monthly sti2 pend specified in subsection (c) shall be re3 duced pro rata, as determined by the Sec4 retary, based on the number of hours of 

5 study in which such individual is enrolled. 

6 ‘‘(c) SCHOLARSHIP.— 

7 ‘‘(1) IN GENERAL.—A scholarship provided to a 

8 student under this subpart for a school year shall 

9 equal the amount of— 

10 ‘‘(A) the tuition of the student; 

11 ‘‘(B) all other reasonable educational ex12 penses incurred by the student in such school 

13 year, including fees, books, laboratory expenses, 

14 and other expenses as determined by the Sec15 retary; and 

16 ‘‘(C) a stipend of $800 per month (ad17 justed in accordance with paragraph (3)) for 

18 each of the 12 consecutive months beginning 

19 with the first month of such school year. 

20 ‘‘(2) PAYMENT TO AN INSTITUTION OF HIGHER

21 EDUCATION.—The Secretary may contract with an 

22 institution of higher education in which a participant 

23 in the scholarship program under this subpart is en24 rolled for the payment to such institution on behalf 

25 of the student of the amounts of tuition and other 


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1 reasonable educational expenses described in sub2 paragraph (A) and (B) of paragraph (1). Payment 

3 to such institution may be made without regard to 

4 subsections (a) and (b) of section 3324 of title 31, 

5 United States Code. 

6 ‘‘(3) STIPEND.—The amount of the monthly 

7 stipend described in paragraph (1)(C) shall be in8 creased by the Secretary for each school year ending 

9 in a fiscal year beginning after September 30, 2019, 

10 by the amount (rounded to the next highest multiple 

11 of $1) equal to the amount of such stipend multi12 plied by the percentage adjustment in the rates of 

13 pay under the General Schedule taking effect under 

14 section 5303 of title 5, United States Code, during 

15 the fiscal year in which such school year ends (if 

16 such adjustment is an increase). 

17 ‘‘(d) LIABILITY; FAILURE TO COMPLETE THE PE18 RIOD OF OBLIGATED SERVICE; REPAYMENT.— 

19 ‘‘(1) LIABILITY.—An individual who has en20 tered into a written contract with the Secretary 

21 under this section shall be liable to the United 

22 States for the amount which has been paid to, or on 

23 behalf of, such individual under the contract, if such 

24 individual— 


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1 ‘‘(A) fails to maintain an acceptable level 

2 of academic standing in the institution of high3 er education in which the individual is enrolled 

4 (as determined by the Secretary, taking into ac5 count the requirements of the institution of 

6 higher education offering such course of study); 

7 ‘‘(B) is dismissed from such institution of 

8 higher education for disciplinary reasons; 

9 ‘‘(C) voluntarily terminates the training in 

10 such institution of higher education for which 

11 such individual is provided a scholarship under 

12 such contract before the completion of such 

13 training; or 

14 ‘‘(D) fails to accept payment, or instructs 

15 the institution of higher education in which 

16 such individual is enrolled not to accept pay17 ment, under this section. 

18 ‘‘(2) FAILURE TO COMPLETE THE PERIOD OF

19 OBLIGATED SERVICE.—An individual who has en20 tered into a written contract with the Secretary 

21 under this section may petition the Secretary to 

22 delay the date on which the individual would other23 wise be required to begin the period of obligated 

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1 port of such petition, the individual shall supply 

2 such reasonable information as the Secretary may 

3 require. The Secretary shall retain full discretion re4 garding the decision about whether to grant or de5 cline such a delay and to determine the duration of 

6 any delay that is granted. 

7 ‘‘(3) REPAYMENT.— 

8 ‘‘(A) IN GENERAL.—An individual who has 

9 entered into a written contract with the Sec10 retary under this section and who is liable for 

11 any amount of damages which the United 

12 States is entitled to recover under this sub13 section shall— 

14 ‘‘(i) begin payment of such damages 

15 to the United States within 1 year of the 

16 date of the breach or on such later date as 

17 specified by the Secretary; and 

18 ‘‘(ii) repay the amount of such dam19 ages in full following a schedule and by a 

20 deadline determined by the Secretary. 

21 ‘‘(B) RECOVERY OF DAMAGES.—If dam22 ages described in subparagraph (A) are delin23 quent for 3 months, the Secretary shall, for the 

24 purpose of recovering such damages— 


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1 ‘‘(i) utilize collection agencies con2 tracted with by the Administrator of the 

3 General Services Administration; or 

4 ‘‘(ii) enter into contracts for the re5 covery of such damages with collection 

6 agencies selected by the Secretary. 

7 ‘‘(C) CONTRACTS FOR RECOVERY OF DAM8 AGES.—Each contract for recovering damages 

9 pursuant to this paragraph shall provide that 

10 the contractor will, not less than once every 6 

11 months, submit to the Secretary a status report 

12 on the success of the contractor in collecting 

13 such damages. Section 3718 of title 31, United 

14 States Code, shall apply to any such contract to 

15 the extent not inconsistent with this subsection. 

16 ‘‘(4) DEATH.—Upon the death of an individual 

17 who receives, or has received, a scholarship under 

18 this subpart, any obligation of such individual for 

19 service or payment that relates to such scholarship 

20 shall be canceled. 

21 ‘‘(5) WAIVER.— 

22 ‘‘(A) REQUIRED WAIVER.—The Secretary 

23 shall provide for the partial or total waiver or 

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1 ment of a recipient of a scholarship under this 

2 subpart, if the Secretary determines that— 

3 ‘‘(i) it is not possible for the recipient 

4 to meet the obligation or make the pay5 ment; 

6 ‘‘(ii) requiring the recipient to meet 

7 the obligation or make the payment would 

8 result in extreme hardship to the recipient; 

9 or 

10 ‘‘(iii) the enforcement of the require11 ment to meet the obligation or make the 

12 payment would be unconscionable. 

13 ‘‘(B) PERMISSIBLE WAIVER.—Notwith14 standing any other provision of law, for other 

15 good cause shown, the Secretary may waive, in 

16 whole or in part, the right of the United States 

17 to recover funds made available under this sec18 tion. 

19 ‘‘(6) BANKRUPTCY.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), and notwithstanding any other pro22 vision of law, with respect to a recipient of a 

23 scholarship under this subpart, no obligation 

24 for payment may be released by a discharge in 


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1 bankruptcy under title 11 of the United States 

2 Code. 

3 ‘‘(B) EXCEPTION.—The prohibition de4 scribed in subparagraph (A) shall not apply if— 

5 ‘‘(i) such discharge is granted after 

6 the expiration of the 5-year period begin7 ning on the initial date on which that pay8 ment is due; and 

9 ‘‘(ii) the bankruptcy court finds that 

10 the nondischarge of the obligation would be 

11 unconscionable. 

12 ‘‘(e) APPLICABILITY OF OTHER PROVISIONS.—Not13 withstanding any other provision of law, an individual re14 ceiving a scholarship under this subpart shall continue to 

15 be eligible for any other grant programs and loan forgive16 ness programs for which the individual would otherwise 

17 be eligible. 

18 ‘‘SEC. 259C. INDIAN STUDENT EDUCATOR SCHOLARSHIP 

19 PROGRAM. 

20 ‘‘(a) GRANTS AUTHORIZED.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall provide 

22 to each eligible applicant who is accepted for a schol23 arship under this section with a scholarship grant in 

24 each school year or years for a period during which 

25 such individual is pursuing a course of study in early 


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1 childhood education, elementary or secondary edu2 cation, or school administration at an institution of 

3 higher education. 

4 ‘‘(2) DESIGNATION.—Scholarships made under 

5 paragraph (1) shall be designated ‘Indian student 

6 educator scholarships’. 

7 ‘‘(b) ELIGIBILITY.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall select 

9 which eligible applicants will receive an Indian stu10 dent educator scholarship under subsection (a). 

11 ‘‘(2) CRITERIA.—In order to be eligible to re12 ceive an Indian student educator scholarship, an in13 dividual shall— 

14 ‘‘(A) be accepted for enrollment, or be en15 rolled, as a full-time or part-time student in a 

16 course of study in early childhood education, el17 ementary or secondary education, or school ad18 ministration at an institution of higher edu19 cation; 

20 ‘‘(B) submit an application to participate 

21 in the Indian student educator scholarship pro22 gram at such time and in such manner as the 

23 Secretary shall determine; and 

24 ‘‘(C) sign and submit to the Secretary, at 

25 the time that such application is submitted, a 


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1 written contract as described in section 259B, 

2 which shall include a commitment to serve 

3 through full-time employment at an eligible 

4 school for the period of obligated service. 

5 ‘‘(c) ELIGIBLE SCHOOLS.—An individual shall be 

6 considered to be serving, through full-time employment at 

7 an eligible school, as required under section 

8 259B(b)(1)(B)(iv), if the individual is employed full9 time— 

10 ‘‘(1) in a Bureau-funded school, including a 

11 Bureau of Indian Education early childhood develop12 ment program; 

13 ‘‘(2) in a public elementary school or secondary 

14 school that serves a significant number of Indian 

15 students, as determined by the Secretary in con16 sultation with Indian tribes; 

17 ‘‘(3) in a tribal early childhood education pro18 gram; or 

19 ‘‘(4) in a federally funded early childhood edu20 cation program that serves a significant number of 

21 Indian students, as determined by the Secretary in 

22 consultation with Indian tribes. 

23 ‘‘(d) PLACEMENT ASSISTANCE.—The Secretary shall 

24 assist the recipient of an Indian student educator scholar25 ship in learning about placement opportunities in eligible 


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1 schools by transmitting the name and educational creden2 tials of such recipient to— 

3 ‘‘(1) State educational agency clearinghouses 

4 for recruitment and placement of early childhood, 

5 kindergarten, elementary school, and secondary 

6 school teachers and school administrators in States 

7 with a significant number of Indian children; 

8 ‘‘(2) Bureau of Indian Education early child9 hood development programs; 

10 ‘‘(3) elementary schools and secondary schools 

11 that are Bureau-funded schools; and 

12 ‘‘(4) tribal educational agencies. 

13 ‘‘SEC. 259D. INDIAN EDUCATOR SCHOLARSHIP PROGRAM. 

14 ‘‘(a) GRANTS AUTHORIZED.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall provide 

16 to each eligible applicant who is accepted for a schol17 arship under this section with a scholarship grant in 

18 each school year or years for a period during which 

19 such individual is pursuing a course of study in early 

20 childhood education, elementary or secondary edu21 cation, or school administration at an institution of 

22 higher education. 

23 ‘‘(2) DESIGNATION.—Scholarships made under 

24 paragraph (1) shall be designated ‘Indian educator 

25 scholarships’. 


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1 ‘‘(b) ELIGIBILITY.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall select 

3 which eligible applicants will receive an Indian edu4 cator scholarship under subsection (a). 

5 ‘‘(2) CRITERIA.—In order to be eligible to re6 ceive an Indian educator scholarship, an individual 

7 shall— 

8 ‘‘(A) be an Indian; 

9 ‘‘(B) be accepted for enrollment, or be en10 rolled, as a full-time or part-time student in a 

11 course of study in early childhood education, el12 ementary or secondary education, or school ad13 ministration at an institution of higher edu14 cation; 

15 ‘‘(C) submit an application to participate 

16 in the Indian educator scholarship program at 

17 such time and in such manner as the Secretary 

18 shall determine; and 

19 ‘‘(D) sign and submit to the Secretary, at 

20 the time that such application is submitted, a 

21 written contract as described in section 259B, 

22 which shall include a commitment to serve 

23 through full-time employment at an eligible 

24 school for the period of obligated service. 


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1 ‘‘(c) ELIGIBLE SCHOOLS.—An individual shall be 

2 considered to be serving, through full-time employment at 

3 an eligible school, as required under section 

4 259B(b)(1)(B)(iv), if the individual is employed full5 time— 

6 ‘‘(1) in a Bureau-funded school, including a 

7 Bureau of Indian Education early childhood develop8 ment program; 

9 ‘‘(2) in a public elementary school or secondary 

10 school in the school district of a local educational 

11 agency that is eligible during the period of obligated 

12 service for assistance under part A of title I of the 

13 Elementary and Secondary Education Act of 1965; 

14 ‘‘(3) in a tribal early childhood education pro15 gram; or 

16 ‘‘(4) in a federally funded early childhood edu17 cation program that serves a significant number of 

18 Indian students, as determined by the Secretary in 

19 consultation with Indian tribes. 

20 ‘‘(d) PLACEMENT ASSISTANCE.—The Secretary shall 

21 assist the recipient of an Indian educator scholarship in 

22 learning about placement opportunities in eligible schools 

23 by transmitting the name and educational credentials of 

24 such recipient to— 


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1 ‘‘(1) State educational agency clearinghouses 

2 for recruitment and placement of kindergarten, ele3 mentary school, and secondary school teachers and 

4 school administrators in States with a significant 

5 number of Indian children; 

6 ‘‘(2) Bureau of Indian Education early child7 hood development programs; 

8 ‘‘(3) elementary schools and secondary schools 

9 that are Bureau-funded schools; and 

10 ‘‘(4) tribal educational agencies. 

11 ‘‘SEC. 259E. INDIAN EDUCATOR GRADUATE FELLOWSHIP 

12 PROGRAM. 

13 ‘‘(a) GRANTS AUTHORIZED.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall make 

15 scholarship grants in accordance with this section to 

16 Indians who are enrolled on a full-time or part-time 

17 basis in institutions of higher education and pur18 suing a graduate level course of study in education 

19 or school administration. 

20 ‘‘(2) DESIGNATION.—Scholarships made under 

21 paragraph (1) shall be designated ‘Indian educator 

22 graduate fellowships’. 

23 ‘‘(b) ELIGIBILITY.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall select 

2 which eligible applicants will receive an Indian edu3 cator graduate fellowship under subsection (a). 

4 ‘‘(2) CRITERIA.—In order to be eligible to re5 ceive an Indian educator graduate fellowship, an in6 dividual shall— 

7 ‘‘(A) be an Indian; 

8 ‘‘(B) be accepted for enrollment, or be en9 rolled, as a full-time or part-time student in a 

10 graduate level course of study in education or 

11 school administration at an institution of higher 

12 education; 

13 ‘‘(C) submit an application to participate 

14 in the Indian educator graduate fellowship pro15 gram at such time and in such manner as the 

16 Secretary shall determine; and 

17 ‘‘(D) sign and submit to the Secretary, at 

18 the time that such application is submitted, a 

19 written contract as described in section 259B, 

20 which shall include a commitment to serve 

21 through full-time employment at an eligible 

22 service employer for the period of obligated 

23 service. 

24 ‘‘(c) ELIGIBLE SERVICE EMPLOYERS.—An individual 

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1 ployment at an eligible service employer, as required under 

2 section 259B(b)(1)(B)(iv), if the individual is employed 

3 full-time— 

4 ‘‘(1) in a Bureau-funded school; 

5 ‘‘(2) in a public elementary school or secondary 

6 school that serves a significant number of Indian 

7 students, as determined by the Secretary in con8 sultation with Indian tribes; 

9 ‘‘(3) by a Native-serving institution of higher 

10 education; 

11 ‘‘(4) in a tribal early childhood education pro12 gram; 

13 ‘‘(5) in a federally funded early childhood edu14 cation program that serves a significant number of 

15 Indian students, as determined by the Secretary in 

16 consultation with Indian tribes; 

17 ‘‘(6) for a tribal educational agency; 

18 ‘‘(7) for a State educational agency or local 

19 educational agency that serves a significant number 

20 of Indian students, as defined by the Secretary in 

21 consultation with Indian tribes; 

22 ‘‘(8) for the Department; or 

23 ‘‘(9) for the Bureau of Indian Education. 

24 ‘‘(d) PLACEMENT ASSISTANCE.—The Secretary shall 

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1 ship in learning about placement opportunities in eligible 

2 service employers in such manner as the Secretary deter3 mines appropriate.’’. 

4 PART B—LOAN FORGIVENESS FOR INDIAN 

5 EDUCATORS 

6 SEC. 111. LOAN FORGIVENESS FOR EDUCATORS WORKING 

7 IN BUREAU OF INDIAN EDUCATION-FUNDED 

8 SCHOOLS AND LOCAL EDUCATIONAL AGEN9 CIES WITH A HIGH PERCENTAGE OF AMER10 ICAN INDIAN STUDENTS. 

11 (a) PART B LOANS.—Section 428J of the Higher 

12 Education Act of 1965 (20 U.S.C. 1078–10) is amend13 ed— 

14 (1) in subsection (b)(1), by inserting ‘‘subject 

15 to paragraphs (4) and (5) of subsection (c),’’ before 

16 ‘‘has been employed’’; and 

17 (2) in subsection (c), by adding at the end the 

18 following: 

19 ‘‘(4) ADDITIONAL AMOUNTS FOR EDUCATORS IN

20 BUREAU OF INDIAN EDUCATION-FUNDED SCHOOLS

21 AND LOCAL EDUCATIONAL AGENCIES WITH A HIGH

22 PERCENTAGE OF AMERICAN INDIAN STUDENTS.— 

23 Notwithstanding the amount specified in paragraph 

24 (1) and the requirements under subparagraphs (A) 

25 and (B) of subsection (b)(1), the aggregate amount 


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1 that the Secretary shall repay under this section 

2 shall be not less than $17,500 in the case of a bor3 rower who has been employed as a full-time teacher 

4 or school administrator for 5 consecutive complete 

5 school years as— 

6 ‘‘(A) a teacher or school administrator in 

7 a local educational agency described in section 

8 6112(b)(1) of the Elementary and Secondary 

9 Education Act of 1965; or 

10 ‘‘(B) a teacher or school administrator in 

11 a Bureau-funded school (as defined in section 

12 1141 of the Education Amendments of 1978 

13 (25 U.S.C. 2021)).’’. 

14 (b) PART D LOANS.—Section 460 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1087j) is amended— 

16 (1) in subsection (b)(1), by inserting ‘‘subject 

17 to paragraphs (4) and (5) of subsection (c),’’ before 

18 ‘‘has been employed’’; and 

19 (2) in subsection (c), by adding at the end the 

20 following: 

21 ‘‘(4) ADDITIONAL AMOUNTS FOR EDUCATORS IN

22 BUREAU OF INDIAN EDUCATION-FUNDED SCHOOLS

23 AND LOCAL EDUCATIONAL AGENCIES WITH A HIGH

24 PERCENTAGE OF AMERICAN INDIAN STUDENTS.— 

25 Notwithstanding the amount specified in paragraph 


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1 (1) and the requirements under subparagraphs (A) 

2 and (B) of subsection (b)(1), the aggregate amount 

3 that the Secretary shall cancel under this section 

4 shall be not less than $17,500 in the case of a bor5 rower who has been employed as a full-time teacher 

6 or school administrator for 5 consecutive complete 

7 school years as— 

8 ‘‘(A) a teacher or school administrator in 

9 a local educational agency described in section 

10 6112(b)(1) of the Elementary and Secondary 

11 Education Act of 1965; or 

12 ‘‘(B) a teacher or school administrator in 

13 a Bureau-funded school (as defined in section 

14 1141 of the Education Amendments of 1978 

15 (25 U.S.C. 2021)).’’. 

16 SEC. 112. LOAN FORGIVENESS FOR AMERICAN INDIAN EDU17 CATORS. 

18 (a) PART B LOANS.—Section 428J(c) of the Higher 

19 Education Act of 1965 (20 U.S.C. 1078–10(c)), as 

20 amended by section 111, is further amended by adding 

21 at the end the following: 

22 ‘‘(5) ADDITIONAL AMOUNTS FOR AMERICAN IN23 DIAN EDUCATORS.—Notwithstanding the amount 

24 specified in paragraph (1) and the requirements 

25 under subparagraphs (A) and (B) of subsection 


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•S 1161 IS

1 (b)(1), the aggregate amount that the Secretary 

2 shall repay under this section shall be not less than 

3 $17,500 in the case of a borrower who— 

4 ‘‘(A) has been employed as a full-time 

5 teacher or school administrator for 5 consecu6 tive complete school years in— 

7 ‘‘(i) a Bureau-funded elementary 

8 school or secondary school (as defined in 

9 section 1141 of the Education Amend10 ments of 1978 (25 U.S.C. 2021)); or 

11 ‘‘(ii) a public elementary school or 

12 secondary school in the school district of a 

13 local educational agency that is eligible 

14 during the period of obligated service for 

15 assistance under part A of title I of the El16 ementary and Secondary Education Act of 

17 1965; and 

18 ‘‘(B) is a member of an Indian tribe (as 

19 defined in section 4 of the Indian Self-Deter20 mination and Education Assistance Act (25 

21 U.S.C. 5304)).’’. 

22 (b) PART D LOANS.—Section 460(c) of the Higher 

23 Education Act of 1965 (20 U.S.C. 1087j(c)), as amended 

24 by section 111, is further amended by adding at the end 

25 the following: 


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1 ‘‘(5) ADDITIONAL AMOUNTS FOR AMERICAN IN2 DIAN EDUCATORS.—Notwithstanding the amount 

3 specified in paragraph (1) and the requirements 

4 under subparagraphs (A) and (B) of subsection 

5 (b)(1), the aggregate amount that the Secretary 

6 shall cancel under this section shall be not less than 

7 $17,500 in the case of a borrower who— 

8 ‘‘(A) has been employed as a full-time 

9 teacher or school administrator for 5 consecu10 tive complete school years in— 

11 ‘‘(i) a Bureau-funded elementary 

12 school or secondary school (as defined in 

13 section 1141 of the Education Amend14 ments of 1978 (25 U.S.C. 2021)); or 

15 ‘‘(ii) a public elementary school or 

16 secondary school in the school district of a 

17 local educational agency that is eligible 

18 during the period of obligated service for 

19 assistance under part A of title I of the El20 ementary and Secondary Education Act of 

21 1965; and 

22 ‘‘(B) is a member of an Indian tribe (as 

23 defined in section 4 of the Indian Self-Deter24 mination and Education Assistance Act (25 

25 U.S.C. 5304)).’’. 


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1 SEC. 113. CANCELLATION OF LOANS FOR EDUCATORS 

2 TEACHING IN BUREAU OF INDIAN EDU3 CATION-FUNDED SCHOOLS AND NATIVE 

4 AMERICAN LANGUAGE IMMERSION PRO5 GRAMS. 

6 Section 465(a)(2) of the Higher Education Act of 

7 1965 (20 U.S.C. 1087ee(a)(2)) is amended— 

8 (1) in subparagraph (A)— 

9 (A) in clause (i)(II), by striking ‘‘or’’ after 

10 the semicolon; 

11 (B) in clause (ii), by inserting ‘‘or’’ after 

12 the semicolon; and 

13 (C) by inserting after clause (ii) the fol14 lowing: 

15 ‘‘(iii) in an elementary school or sec16 ondary school that is a Bureau-funded 

17 school (as defined in section 1141 of the 

18 Education Amendments of 1978 (25 

19 U.S.C. 2021));’’; and 

20 (2) in subparagraph (G), by inserting ‘‘Native 

21 American language immersion,’’ after ‘‘foreign lan22 guages,’’. 


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1 TITLE II—INSTITUTIONAL AID 

2 PART A—PROFESSIONAL DEVELOPMENT GRANTS 

3 FOR NATIVE-SERVING ELEMENTARY 

4 SCHOOLS AND SECONDARY SCHOOLS 

5 SEC. 201. NATIONAL BOARD CERTIFICATION INCENTIVE 

6 PROGRAM. 

7 Subpart 2 of part A of title VI of the Elementary 

8 and Secondary Education Act of 1965 (20 U.S.C. 7441 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 6123. NATIONAL BOARD CERTIFICATION INCENTIVE 

11 PROGRAM. 

12 ‘‘(a) PURPOSES.—The purposes of this section are— 

13 ‘‘(1) to improve the skills of qualified individ14 uals who are Indian (as defined by section 103 of 

15 the Native American Languages Act (25 U.S.C. 

16 2902)) or who teach Indian people; 

17 ‘‘(2) to provide an incentive for qualified edu18 cators to continue to utilize their enhanced skills in 

19 elementary schools and secondary schools serving In20 dian communities; and 

21 ‘‘(3) to increase the retention of highly skilled 

22 Indian educators in elementary schools and sec23 ondary schools seeking to better incorporate Indian 

24 culture and history into the general curriculum. 

25 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) BUREAU-FUNDED SCHOOL.—The term 

2 ‘Bureau-funded school’ has the meaning given the 

3 term in section 1141 of the Education Amendments 

4 of 1978 (25 U.S.C. 2021). 

5 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ means— 

7 ‘‘(A) a State educational agency in consor8 tium with an institution of higher education; 

9 ‘‘(B) a local educational agency in consor10 tium with an institution of higher education; 

11 ‘‘(C) an Indian tribe or organization, in 

12 consortium with a local educational agency and 

13 an institution of higher education; 

14 ‘‘(D) an Indian tribe or organization, in 

15 consortium with a Bureau-funded school and an 

16 institution of higher education; or 

17 ‘‘(E) a Bureau-funded school in consor18 tium with an institution of higher education. 

19 ‘‘(3) ELIGIBLE EDUCATOR.—The term ‘eligible 

20 educator’ means— 

21 ‘‘(A) a teacher who teaches a minimum 

22 number of Indian students, as determined by 

23 the Secretary in consultation with Indian tribes; 

24 or 

25 ‘‘(B) a teacher who is Indian. 


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1 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 has the meaning given the term in section 4 of the 

3 Indian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 5304). 

5 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au6 thorized to award grants to eligible entities having applica7 tions approved under this section to enable such eligible 

8 entities to— 

9 ‘‘(1) reimburse eligible educators for out-of10 pocket costs associated with obtaining teacher cer11 tification or credentialing by the National Board for 

12 Professional Teaching Standards; and 

13 ‘‘(2) provide an increase in annual compensa14 tion, in an amount equal to not less than $5,000 

15 and not more than $10,000, for eligible educators 

16 with a certification from the National Board for 

17 Professional Teaching Standards for the duration of 

18 the grant under this section. 

19 ‘‘(d) APPLICATION.— 

20 ‘‘(1) IN GENERAL.—Each eligible entity desir21 ing a grant under this section shall submit an appli22 cation to the Secretary at such time, in such man23 ner, and accompanied by such information, as the 

24 Secretary may reasonably require. 


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1 ‘‘(2) SPECIAL RULE.—In the case of an eligible 

2 entity desiring to utilize all or a portion of a grant 

3 under this section for eligible educators identified in 

4 subparagraph (B) of subsection (b)(3) who would 

5 not also qualify as an eligible educator under sub6 paragraph (A) of subsection (b)(3), the eligible enti7 ty shall provide an assurance that grant funds will 

8 support only those educators who are tribally en9 rolled or affiliated with an Indian tribe. 

10 ‘‘(e) AWARDING OF GRANTS.—In awarding grants 

11 under this section, the Secretary shall determine the 

12 amount and length of each grant, which shall not exceed 

13 5 years. 

14 ‘‘(f) RESTRICTIONS ON COMPENSATION IN15 CREASES.—The Secretary shall require and ensure that 

16 individuals who obtain a certification from the National 

17 Board for Professional Teaching Standards under this 

18 section continue to teach at a school served by the eligible 

19 entity through which funding for such certification was ob20 tained as a condition of receiving annual compensation in21 creases provided for in this section. 

22 ‘‘(g) PROGRESS REPORTS.— 

23 ‘‘(1) IN GENERAL.—For every year for which 

24 Congress allocates funds for grants under this sec25 tion, the Secretary shall provide a report on the 


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1 progress of the eligible entities receiving grants 

2 under this section in meeting applicable progress 

3 standards, as determined by the Secretary. 

4 ‘‘(2) DISSEMINATION.—The Secretary shall dis5 seminate the report described in this subsection to 

6 each of the following: 

7 ‘‘(A) The Committee on Health, Edu8 cation, Labor, and Pensions of the Senate. 

9 ‘‘(B) The Committee on Indian Affairs of 

10 the Senate. 

11 ‘‘(C) The Subcommittee on Indigenous 

12 Peoples of the United States of the Committee 

13 on Natural Resources of the House of Rep14 resentatives. 

15 ‘‘(D) The Committee on Education and 

16 Labor of the House of Representatives.’’. 


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1 PART B—NATIVE LANGUAGE TEACHER TRAINING 

2 PROGRAM GRANTS FOR NATIVE-SERVING IN3 STITUTIONS OF HIGHER EDUCATION 

4 SEC. 211. NATIVE LANGUAGE TEACHER TRAINING PRO5 GRAM DEVELOPMENT GRANTS FOR TRIBAL 

6 COLLEGES AND UNIVERSITIES AND INSTITU7 TIONS OF HIGHER EDUCATION THAT SERVE 

8 SIGNIFICANT NUMBERS OF NATIVE STU9 DENTS. 

10 Title III of the Higher Education Act of 1965 (20 

11 U.S.C. 1051 et seq.) is amended— 

12 (1) by redesignating part G as part H; and 

13 (2) by inserting after part F the following: 

14 ‘‘PART G—NATIVE AMERICAN LANGUAGE 

15 TEACHER TRAINING PROGRAM DEVELOPMENT 

16 ‘‘SEC. 381. NATIVE AMERICAN LANGUAGE TEACHER TRAIN17 ING PROGRAM DEVELOPMENT. 

18 ‘‘(a) PURPOSE.—The purpose of this section is to es19 tablish a grant program that seeks— 

20 ‘‘(1) to increase the number of well-trained and 

21 pedagogically effective Native American language 

22 speakers in teaching and other education professions 

23 that serve Indian people; 

24 ‘‘(2) to provide ongoing training and profes25 sional development to Native American immersion 


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1 and language instructors to improve their linguistic 

2 and pedagogical skills; and 

3 ‘‘(3) to support the efforts of American Indian 

4 and Alaska Native communities to effectively revi5 talize, maintain, and teach their languages, as envi6 sioned in the Native American Languages Act (25 

7 U.S.C. 2901 et seq.) and section 803C of the Native 

8 American Programs Act of 1974 (42 U.S.C. 2991b– 

9 3). 

10 ‘‘(b) DEFINITION OF ELIGIBLE INSTITUTION.—In 

11 this section, the term ‘eligible institution’ means any of 

12 the following: 

13 ‘‘(1) An institution eligible to receive funding 

14 under section 316, 317(b), or 319(b). 

15 ‘‘(2) A consortium of 2 or more institutions de16 scribed in paragraph (1). 

17 ‘‘(c) GRANT PROGRAM AUTHORIZED.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish a program, to be known as the Native American 

20 Language Teacher Training Program, under which 

21 the Secretary shall provide grants, on a competitive 

22 basis, to eligible institutions to promote the recruit23 ment and training of Native immersion and lan24 guage teachers to further support the revitalization, 


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1 maintenance, and use of Native American languages 

2 in the classroom. 

3 ‘‘(2) DURATION.—A grant under paragraph (1) 

4 shall be for a period of not more than 5 years. 

5 ‘‘(3) APPLICATION.— 

6 ‘‘(A) IN GENERAL.—To be eligible to re7 ceive a grant under this subsection, an eligible 

8 institution shall submit to the Secretary an ap9 plication at such time, in such manner, and 

10 containing such information as the Secretary 

11 may reasonably require. 

12 ‘‘(B) APPLICATION PAPERWORK REDUC13 TION.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 shall establish application requirements in 

16 such a manner as to simplify and stream17 line the process for applying for grants 

18 under this section. 

19 ‘‘(ii) PROHIBITING ADDITIONAL

20 FORMS.—The Secretary shall not require 

21 any Tribal College or University, as de22 fined in section 316(b), applying individ23 ually for a grant under this section, to sub24 mit any separate, preliminary, or addi25 tional grant eligibility application or inforVerDate Sep 11 2014 20:53 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1161.IS S1161

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1 mation because of the institution’s status 

2 as a Tribal College or University. 

3 ‘‘(C) INCLUSION.—An application under 

4 this paragraph shall include a plan for the pro5 gram proposed to be carried out by the eligible 

6 institution, including— 

7 ‘‘(i) a description of a 5-year strategy 

8 for meeting the Native immersion teacher 

9 recruitment and training needs of Amer10 ican Indians or Alaska Natives, as appro11 priate, in the population served by the in12 stitution, including a description of any 

13 partnerships with tribal educational agen14 cies, local educational agencies, or Bureau15 funded schools; 

16 ‘‘(ii) an identification of the American 

17 Indian or Alaska Native population to be 

18 served by the eligible institution; 

19 ‘‘(iii) an identification of the status of 

20 the target Native American language or 

21 languages used within the population; 

22 ‘‘(iv) a description of the professional 

23 development and degree services to be pro24 vided under the program, including the 

25 manner in which the services will be inteVerDate Sep 11 2014 20:53 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1161.IS S1161

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1 grated with other appropriate activities 

2 and programs; and 

3 ‘‘(v) a description, to be prepared in 

4 consultation with the Secretary, of the per5 formance measures to be used to assess 

6 the performance of the eligible institution 

7 carrying out the program. 

8 ‘‘(D) REQUIREMENT.—A program plan 

9 under subparagraph (C) shall be consistent 

10 with the purposes of this section, as determined 

11 by the Secretary. 

12 ‘‘(d) USE OF FUNDS.— 

13 ‘‘(1) REQUIRED ACTIVITIES.—A grantee shall 

14 use grant funds provided under this section to carry 

15 out the following activities: 

16 ‘‘(A) Development of a new Native Amer17 ican immersion and language teacher training 

18 program that leads to State or tribal teacher 

19 certification. 

20 ‘‘(B) Support and expansion of an existing 

21 Native American immersion and language 

22 teacher training program that leads to a State 

23 or tribal teacher certification. 

24 ‘‘(C) Development and delivery of profes25 sional development workshops and courses 


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1 aimed at improving the immersion and lan2 guage acquisition pedagogical practices of Na3 tive American immersion and language teach4 ers. 

5 ‘‘(2) ALLOWABLE ACTIVITIES.—A grantee may 

6 use grant funds provided under this section to carry 

7 out additional activities, including— 

8 ‘‘(A) curriculum development and academic 

9 instruction, including educational activities, pro10 grams, and partnerships relating to students in 

11 prekindergarten through grade 12; 

12 ‘‘(B) development and establishment of a 

13 national Native American immersion and lan14 guage teacher best practices guideline or certifi15 cation; 

16 ‘‘(C) professional development for institu17 tional faculty or for elementary and secondary 

18 education administrators and educational sup19 port staff; and 

20 ‘‘(D) innovative Native American language 

21 and immersion program classroom research for 

22 students in prekindergarten through grade 12. 

23 ‘‘(e) CONCURRENT FUNDING.—An eligible institution 

24 that receives a grant under this section may concurrently 

25 receive funds under section 316, 317, or 319. 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 such sums as may be necessary for each of fiscal years 

4 2020 through 2024.’’. 

Æ 


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