Durbin Feeling Native American Languages Act of 2021
Summary
Senate Report 117-45, Calendar No. 175, of the 117th Congress, 1st Session, dated December 2, 2021, in which Mr. Schatz reports for the Committee on Indian Affairs on S. 1402, the Durbin Feeling Native American Languages Act of 2021. The bill would amend the Native American Languages Act to ensure the survival and continuing vitality of Native American languages. The report includes a cost estimate of the Congressional Budget Office and reports favorably without amendment. It states that the Committee received no communications from the Executive Branch regarding S. 1402 and unanimously approved a motion on February 11, 2021 to waive subsection 12 of rule XXVI.
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“Durbin Feeling Native American Languages Act of 2021.”
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Calendar No. 175
117TH CONGRESS REPORT
" SENATE !
1st Session 117–45
DURBIN FEELING NATIVE AMERICAN LANGUAGES ACT
OF 2021
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. 1402]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the bill
(S. 1402) to amend the Native American Languages Act to ensure
the survival and continuing vitality of Native American languages,
and for other purposes, having considered the same, reports favor-
ably thereon without amendment and recommends that the bill do
pass.
PURPOSE
The purpose of S. 1402 is to ensure the survival and continuing
vitality of Native American languages by amending the Native
American Languages Act (NALA).
BACKGROUND & NEED FOR LEGISLATION
With enactment of NALA, Congress affirmed the U.S. responsi-
bility to act together with Native American communities to ensure
the survival of their languages.1 Congress has since undertaken
substantial work to uphold the principles set out in NALA and sup-
port Native American community-led initiatives to maintain and
revitalize these communities’ languages.2
1 NALA § 102(1), 25 U.S.C. § 2901(1).
2 For example, Congress enacted the 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 pro-
gram, [20 U.S.C. § 7453] (2015); and, Esther Martinez Native American Languages Programs
Continued
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However, aside from a first-year evaluation provision contained
in the 1990 law,3 Congress has not directed any assessments to de-
termine if federal agencies and polices comply with NALA or meet
the goal of protecting and promoting Native American languages.
In the 1990s and early 2000s, Native American language advo-
cates, researchers, and international organizations sought to con-
duct evaluations of Native American language vitality.4 And while
the U.S. Census Bureau published a report in 2011 estimating the
number of Native American language speakers,5 there have been
no consistent, on-going efforts to document and survey Native
American language use and vitality nationwide.
Tribal leaders and Native American languages advocates point to
the challenge of identifying the unmet needs of Native American
language communities as preventing the U.S. from living up to the
principles set forth in NALA. At a hearing to consider S. 1402, Na-
tional Coalition of Native American Language Schools and Pro-
grams President Leslie Harper noted, ‘‘Timely, relevant data re-
garding the number of Native American language speakers, our
unique community contexts, and capacity needs will provide sup-
port to justify increasing the resources available to Native Amer-
ican languages.’’ 6 Cherokee Nation Principal Chief Chuck Hoskin,
Jr., testified at the same hearing that S. 1402 ‘‘will ensure that the
federal government is upholding its promises and carrying out the
policies designed to support Native languages.’’ 7 ‘Aha Pūnana Leo
CEO Ka‘Iulani Laehā also testified that S. 1402 is a crucial step
vital to Native American language normalization, stating:
S. 1402 requires more effective coordination between federal
entities that will minimize the current interdepartmental dis-
connect and lack of understanding of what is needed in the
communities doing the work. This bill requires increased re-
porting to understand areas of importance to support our ef-
forts and will better evidence and communicate the progress or
shortcomings of the programs in place.8
SUMMARY OF THE BILL
This bill would require:
• The President to submit a report to Congress within 1
year of enactment, that—
Æ Describes recent evaluations undertaken by federal agen-
cies to ensure their policies and procedures comply with NALA
policies; and
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 its au-
thorized (e.g., Congress appropriated $13.6 million in FY2021 to Native American language pro-
grams at the Administration for Native Americans (Pub. L. No. 117–2 § 11004) and $20 million
in emergency COVID–19 supplemental funding for Native American languages in section 11004
of the American Rescue Plan Act (Pub. L. No. 117–2 § 11004 (2021)).
3 NALA § 106, 25 U.S.C. § 2905.
4 For example: UNESCO, ATLAS OF WORLD’S LANGUAGES IN DANGER (Christopher Moseley ed.,
3rd ed. 2010); and, LEANNE HINTON & KEN HALE, THE GREEN BOOK OF LANGUAGE REVITALIZA-
TION IN PRACTICE (2013).
5 U.S. CENSUS BUREAU, ACSBR/10–10, AMERICAN COMMUNITIES SURVEY BRIEFS—NATIVE
AMERICAN LANGUAGES SPOKEN AT HOME IN THE UNITED STATES AND PUERTO RICO: 2006–2010
(2011), https://www2.census.gov/library/publications/2011/acs/acsbr10-10.pdf.
6 Examining the COVID–19 Response in Native Communities: Native Languages One Year
Later: Hearing Before the S. Comm. on Indian Affairs, 117th Cong. 17 (2021) (statements of Les-
lie Harper, Pres., Nat’l Coalition of Native American Language Schools and Programs).
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7 [Id. at 13 (statement of Chuck Hoskin, Jr., Principal Chief, Cherokee Nation).]
8 [Id. at 19 (statement of Ka‘Iulani Laehā CEO, Aha Pūnana Leo).]
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Æ Makes recommendations, developed in consultation with
Tribes and Native American language communities, to improve
interagency coordination and reduce any potential inefficien-
cies federal programs supporting Native American languages
• The Secretary of Health and Human Services, acting
through the ANA Commissioner, to conduct surveys every five
years of Native American languages in the United States.
This bill also authorizes $1,500,000 in funding for the ANA for
each year the Commissioner undertakes a required survey.
SECTION-BY-SECTION ANALYSIS OF S. 1402, AS ORDERED REPORTED
Section 1. Short title
Section 1 sets forth the short title of the bill as the ‘‘Durbin Feel-
ing Native American Languages Act of 2021.’’’
Section 2. Ensuring the Survival and continuing vitality of Native
American languages
Section 2(a) amends section 106 of NALA to require the Presi-
dent to conduct an evaluation of federal agencies’ policies and pro-
cedures comply with NALA and submit a report to Congress de-
scribing the results of that evaluation within one year of enactment
of this Act. The report must describe the results of evaluation and
include recommendations, developed in consultation with Tribes
and Native American language communities, to improve inter-
agency coordination and reduce any potential inefficiencies federal
programs supporting Native American languages.
Section 2(b) amends NALA by adding a new section that requires
the Secretary of Health and Human Services, acting through the
ANA Commissioner, to design and deploy quinquennial surveys of
Native American languages use in the U.S.
The Commissioner must design these surveys in consultation
with Tribes and after considering feedback from Native American
language communities. Additionally, within one year of enactment
of the bill and prior to deploying any survey for enumeration, the
Commissioner must provide a description of the survey design proc-
ess and results to the public, the Senate Committee on Indian Af-
fairs, and the House Natural Resources Committee.
The survey must include information on—
• Which Native American languages are currently spoken
and indicators of their vitality or endangerment;
• Maintenance and revitalization projects and practices cur-
rently in use;
• Unmet Native American language resource needs; and
• Any other areas determined necessary by the Secretary,
Tribes, and Native American language communities.
Within 90 days of completing a survey, the Commissioner must
provide the results to the public, the Senate Committee on Indian
Affairs, and the House of Natural Resources Committee.
The Commissioner must also conduct outreach and engagement
activities to inform Native American language communities about
the goals, purposes, and benefits of the survey for Native American
language communities. Additionally, the Commissioner may coordi-
nate and enter into cooperative agreements with the Director of the
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Census Bureau for the purposes of carrying out this section.
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This section also authorizes $1,500,000 in funding for the ANA
for each fiscal year preceding the fiscal year the ANA will deploy
a required survey and each fiscal year during which the ANA is
conducting a required survey.
LEGISLATIVE HISTORY
On April 28, 2021, Senators Schatz and Murkowski introduced S.
1402, the Durbin Feeling Native American Languages Act of 2021.
The Senate referred the bill to the Committee on the same day.
The Committee held an oversight and legislative hearing on the bill
on May 26, 2021. The Committee then held a duly called business
meeting to consider two bills, including S. 1402, on August 4, 2021,
where the Committee ordered S. 1402 reported favorably by voice
vote.
At this time, there is no House companion bill for S. 1402.
116th Congress. On November 10, 2020, Senators Udall and Mur-
kowski introduced S. 4886, an identical predecessor bill to S. 1402.
The Senate referred the bill to the Committee, but the Committee
took no further action on the legislation prior to the end of the
116th Congress.
COST AND BUDGETARY CONSIDERATIONS
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, November 29, 2021.
Hon. BRIAN SCHATZ,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for S. 1402, the Durbin Feeling
Native American Languages Act of 2021.
If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is Jennifer Gray.
Sincerely,
PHILLIP L. SWAGEL,
Director.
Enclosure.
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By Fiscal Year, Millions of Dollars 2022-
2022 2026 2022-2031
Direct Spending
(Outlays) 0 0 0
Revenues 0 0 0
Increase or Decrease
(-) in the Deficit 0 0 0
Spending Subject to.
Appropriation * 3 notestim-
la
S. 1402 would require the Department of Health and Human
Services to conduct a survey every five years on the use of Native
American languages in the United States. The bill would authorize
the appropriation of $1.5 million in each survey year and in each
year prior to the survey. The bill also would require federal agen-
cies, including the Departments of the Interior, Education, and
Health and Human Services, to consult with Indian tribes to evalu-
ate their policies and procedures regarding Native American lan-
guages. Within a year, those agencies would need to report to the
Congress with legislative recommendations.
For this estimate, CBO assumes that S. 1402 will be enacted be-
fore the end of calendar year 2021. Based on the timeline specified
in the bill, CBO expects that the first survey on Native American
languages would be conducted in 2023. CBO estimates that imple-
menting that requirement would cost $3 million over the 2022–
2026 period, assuming appropriation of the authorized amounts.
CBO estimates that implementing the requirements for various
agencies to evaluate their policies and procedures regarding Native
American languages would cost about $300,000 over the 2022–2026
period.
The costs of the legislation, detailed in Table 1, fall within budg-
et functions 450 (community and regional development) and 500
(education, training, employment, and social services).
TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1402
By fiscal year, millions of dollars—
2022–
2022 2023 2024 2025 2026 2026
Survey on Native American languages:
Authorization ........................................................................ 2 2 0 0 0 3
Estimated Outlays ............................................................... * 1 1 1 * 3
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Evaluation and report:
Estimated Authorization ...................................................... * 0 0 0 0 *
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TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1402—
Continued
By fiscal year, millions of dollars—
2022–
2022 2023 2024 2025 2026 2026
Estimated Outlays ............................................................... * 0 0 0 0 *
Total Changes Estimated:
Authorization ........................................................................ 2 2 0 0 0 3
Estimated Outlays ............................................................... * 1 1 1 * 3
Components may not sum to totals because of rounding; * = between zero and $500,000.
The CBO staff contacts for this estimate are Jennifer Gray (for
the Department of Health and Human Services) and Jon Sperl (for
the Department of the Interior). 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 Sen-
ate requires each report accompanying a bill to evaluate the regu-
latory and paperwork impact that would be incurred in carrying
out the bill. The Committee believes that S. 1402 will have mini-
mal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the Execu-
tive Branch regarding S. 1402.
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.
Æ
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