The BUILD Act

7/28/2019 The BUILD Act

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(Original Signature of Member)

113TH CONGRESS1ST SESSION H. R.ll

To strengthen Indian education, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. BEN RAY LUJAN of New Mexico introduced the following bill; which was

referred to the Committee on llllllllllllll

A BILLTo strengthen Indian education, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the Building upon Unique4

Indian Learning and Development Act.5

SEC. 2. IN-SCHOOL FACILITY INNOVATION PROGRAM CON-6

TEST.7

(a) IN GENERAL.The Secretary of the Interior8

shall9

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(1) establish an in-school facility innovation1

program contest in which institutions of higher edu-2

cation, including Tribal Colleges and Universities (as3

defined in section 316 of the Higher Education Act4

of 1965 (20 U.S.C. 1059c)), are encouraged to con-5

sider solving the problem of how to improve school6

facilities for tribal schools and schools served by the7

Bureau of Indian Education for problem-based8

learning in their coursework and through extra-9

curricular opportunities; and10

(2) establish an advisory group for the contest11

described in paragraph (1) that shall include stu-12

dents enrolled at a Tribal College or University, a13

representative from the Bureau of Indian Education,14

and engineering and fiscal advisors.15

(b) SUBMISSION OF FINALISTS TO THE INDIAN AF-16

FAIRS COMMITTEE.The Secretary of the Interior shall17

submit the finalists to the Committee on Indian Affairs18

of the Senate.19

(c) WINNERS.The Secretary of the Interior shall20

(1) determine the winners of the program con-21

test conducted under this section; and22

(2) award the winners appropriate recognition23

and reward.24



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SEC. 3. DEPARTMENT OF THE INTERIOR AND DEPARTMENT1

OF EDUCATION JOINT OVERSIGHT BOARD.2

(a) IN GENERAL.The Secretary of Education and3

the Secretary of the Interior shall jointly establish a De-4

partment of the Interior and Department of Education5

Joint Oversight Board, that shall6

(1) be co-chaired by both Departments; and7

(2) coordinate technical assistance, resource8

distribution, and capacity building between the 2 de-9

partments on the education of and for Native Amer-10

ican students.11

(b) INFORMATION TO BE SHARED.The Joint Over-12

sight Board shall facilitate the communication, collabora-13

tion, and coordination between the 2 departments of edu-14

cation policies, access to and eligibility for Federal re-15

sources, and budget and school leadership development,16

and other issues, as appropriate.17

SEC. 4. IMPROVE SUPPORT FOR TEACHERS AND ADMINIS-18

TRATORS OF NATIVE AMERICAN STUDENTS.19

Subpart 2 of part A of title VII of the Elementary20

and Secondary Education Act of 1965 (20 U.S.C. 744121

et seq.) is amended by adding at the end the following:22



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SEC. 7123. TEACHER AND ADMINISTRATOR PIPELINE FOR1

TEACHERS AND ADMINISTRATORS OF NATIVE2

AMERICAN STUDENTS.3

(a) GRANTS AUTHORIZED.The Secretary shall4

award grants to eligible entities to enable such entities to5

create or expand a teacher or administrator, or both, pipe-6

line for teachers and administrators of Native American7

students.8

(b) ELIGIBLE ENTITY.In this section, the term9

eligible entity means10

(1) a local educational agency;11

(2) an institution of higher education;12

(3) a Tribal College or University (as defined13

in section 316 of the Higher Education Act of14

1965); or15

(4) a nonprofit organization.16

(c) PRIORITY.In awarding grants under this sec-17

tion, the Secretary shall give priority to Tribal Colleges18

and Universities (as defined in section 316 of the Higher19

Education Act of 1965).20

(d) ACTIVITIES.An eligible entity that receives a21

grant under this section shall create a program that shall22

prepare, recruit, and provide continuing education for23

teachers and administrators of Native American students,24

in particular for teachers of25



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(1) science, technology, engineering, and1

mathematics;2

(2) subjects that lead to health professions;3

and4

(3) green skills and middle skills, including5

electrical, welding, technology, plumbing, and green6

jobs.7

(e) INCENTIVES FOR TEACHERS AND ADMINISTRA-8

TORS.An eligible entity that receives a grant under this9

section may provide incentives to teachers and principals10

who make a commitment to serve high-need, high-poverty,11

tribal schools, including in the form of scholarships, loan12

forgiveness, incentive pay, or housing allowances.13

(f) SCHOOL AND COMMUNITY ORIENTATION.An14

eligible entity that receives a grant under this section shall15

develop an evidence-based, culturally-based school and16

community orientation for new teachers and administra-17

tors of Native American students..18

SEC. 5. NATIVE AMERICAN STUDENT SUPPORT.19

(a) STANDARDS-BASED ASSESSMENTS.Section20

1111(b)(3) of the Elementary and Secondary Education21

Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding22

at the end the following:23

(E) STANDARDS-BASED EDUCATION AS-24

SESSMENTS.Notwithstanding any other provi-25



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sion of this Act, a State shall develop stand-1

ards-based education assessments and class-2

room lessons to accommodate diverse learning3

styles, which assessments may be used by the4

State in place of the general assessments de-5

scribed in subparagraph (A)..6

(b) SUPPORT.The Secretary of Education shall ex-7

pand programs for Native American school children8

(1) to provide support for learning in the chil-9

drens Native language and culture; and10

(2) to provide English language instruction.11

(c) RESEARCH.The Comptroller General of the12

United States shall conduct research on culture- and lan-13

guage-based education to identify the factors that improve14

education and health outcomes.15

(d) NATIVE LANGUAGE TEACHING.Section 1119 of16

the Elementary and Secondary Education Act of 1965 (2017

U.S.C. 6319) is amended by adding at the end the fol-18

lowing:19

(m) QUALIFICATIONS FOR NATIVE LANGUAGE20

TEACHERS.21

(1) IN GENERAL.Notwithstanding any other22

provision of law, the requirements of subsection (a)23

for local educational agencies and States with re-24



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spect to highly qualified teachers, shall not apply to1

a teacher of a Native language.2

(2) ALTERNATIVE LICENSURE OR CERTIFI-3

CATION.Each State educational agency receiving4

assistance under this part shall develop an alter-5

native licensure or certification for teachers of a Na-6

tive language..7

(e) GRANT PROGRAM TO ENSURE THE SURVIVAL8

AND CONTINUING VITALITY OF NATIVE AMERICAN LAN-9

GUAGES.10

(1) DEFINITIONS.In this subsection:11

(A) COMMISSIONER.The term Commis-12

sioner means the Commissioner of the Admin-13

istration for Native Americans in the Depart-14

ment of Health and Human Services (estab-15

lished under section 803B of the Native Amer-16

ican Programs Act of 1974 (42 U.S.C. 2991b17

2)).18

(B) ELIGIBLE ENTITY.The term eligible19

entity means any agency or organization that20

is eligible for financial assistance under section21

803(a) of the Native American Programs Act of22

1974 (42 U.S.C. 2991b(a)).23

(2) ESTABLISHMENT OF GRANT PROGRAM.24

The Commissioner shall establish a program to pro-25



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vide eligible entities with grants for the purpose of1

assisting Native Americans to ensure the survival2

and continuing vitality of Native American lan-3

guages.4

(3) USE OF AMOUNTS.5

(A) IN GENERAL.An eligible entity may6

use amounts received under this subsection to7

carry out activities that ensure the survival and8

continuing vitality of Native American lan-9

guages, including10

(i) the establishment and support of11

community Native American language12

projects designed to bring older and young-13

er Native Americans together to facilitate14

and encourage the transfer of Native15

American language skills from one genera-16

tion to another;17

(ii) the establishment of projects that18

train Native Americans to19

(I) teach a Native American lan-20

guage to others; or21

(II) serve as interpreters or22

translators of a Native American lan-23

guage;24



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(iii) the development, printing, and1

dissemination of materials to be used for2

the teaching and enhancement of a Native3

American language;4

(iv) the establishment or support of a5

project to train Native Americans to6

produce or participate in television or radio7

programs to be broadcast in a Native8

American language;9

(v) the compilation, transcription, and10

analysis of oral testimony to record and11

preserve a Native American language;12

(vi) the purchase of equipment, in-13

cluding audio and video recording equip-14

ment, computers, and software, required to15

carry out a Native American language16

project; and17

(vii)(I) the establishment of Native18

American language nests, which are site-19

based educational programs that20

(aa) provide instruction and child21

care through the use of a Native22

American language for at least 1023

children under the age of 7 for an av-24



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erage of at least 500 hours per year1

per student;2

(bb) provide classes in a Native3

American language for parents (or4

legal guardians) of students enrolled5

in a Native American language nest6

(including Native American language-7

speaking parents); and8

(cc) ensure that a Native Amer-9

ican language is the dominant me-10

dium of instruction in the Native11

American language nest;12

(II) the establishment of Native13

American language survival schools, which14

are site-based educational programs for15

school-age students that16

(aa) provide an average of at17

least 500 hours of instruction through18

the use of 1 or more Native American19

languages for at least 15 students for20

whom a Native American language21

survival school is the principal place22

of instruction;23

(bb) develop instructional courses24

and materials for learning Native25



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American languages and for instruc-1

tion through the use of Native Amer-2

ican languages;3

(cc) provide for teacher training;4

(dd) work toward a goal of all5

students achieving6

(AA) fluency in a Native7

American language; and8

(BB) academic proficiency9

in mathematics, reading (or lan-10

guage arts), and science; and11

(ee) are located in areas that12

have high numbers or percentages of13

Native American students; and14

(III) the establishment of Native15

American language restoration programs,16

which are educational programs that17

(aa) operate at least 1 Native18

American language program for the19

community that the educational pro-20

gram serves;21

(bb) provide training programs22

for teachers of Native American lan-23

guages;24



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(cc) develop instructional mate-1

rials for the Native American lan-2

guage restoration programs;3

(dd) work toward a goal of in-4

creasing proficiency and fluency in at5

least 1 Native American language;6

and7

(ee) provide instruction in at8

least 1 Native American language.9

(B) NATIVE AMERICAN LANGUAGE RES-10

TORATION PROGRAMS.An eligible entity car-11

rying out a program described in subparagraph12

(A)(vii)(III) may use amounts made available13

under this section to carry out14

(i) Native American language pro-15

grams, including16

(I) Native American language17

immersion programs;18

(II) Native American language19

and culture camps;20

(III) Native American language21

programs provided in coordination22

and cooperation with educational enti-23

ties;24



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(IV) Native American language1

programs provided in coordination2

and cooperation with institutions of3

higher education with expertise in the4

relevant Native language, particularly5

Tribal Colleges and Universities (as6

defined in section 316 of the Higher7

Education Act of 1965 (20 U.S.C.8

1059c));9

(V) Native American language10

programs that use a master-appren-11

tice model of learning languages; and12

(VI) Native American language13

programs provided through a regional14

program to better serve geographically15

dispersed students;16

(ii) Native American language teacher17

training programs, including18

(I) training programs in Native19

American language translation for flu-20

ent speakers;21

(II) training programs for Native22

American language teachers;23

(III) training programs for24

teachers in the use of Native Amer-25



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(ii) a detailed description of the1

project for which the grant is requested;2

(iii) a statement that the objectives of3

the project are in accordance with the pur-4

poses of this subsection;5

(iv) a detailed description of the plan6

of the applicant to evaluate the project;7

(v) if appropriate, an identification of8

opportunities for the replication or modi-9

fication of the project for use by other Na-10

tive Americans;11

(vi) a plan for the preservation of the12

products of the Native American language13

project for the benefit of future genera-14

tions of Native Americans and other inter-15

ested persons; and16

(vii) in the case of an application for17

a grant to carry out any purpose specified18

in paragraph (3)(A)(vii)(III), a certifi-19

cation by the applicant that the applicant20

has not less than 3 years of experience in21

operating and administering a Native22

American language survival school, a Na-23

tive American language nest, or any other24

educational program in which instruction25



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is conducted in a Native American lan-1

guage.2

(C) PARTICIPATING ORGANIZATIONS.If3

an applicant determines that the objectives of a4

proposed Native American language project5

would be accomplished more effectively through6

a partnership with an educational entity, the7

applicant shall identify the educational entity as8

a participating organization in the application.9

(5) LIMITATIONS ON FUNDING.10

(A) FEDERAL SHARE.The Federal share11

of the total cost of a program under this sub-12

section shall not exceed 80 percent.13

(B) NON-FEDERAL SHARE.14

(i) IN GENERAL.The non-Federal15

share of the cost of a program under this16

subsection may be provided in cash or fair-17

ly evaluated in-kind contributions, includ-18

ing facilities, equipment, or services.19

(ii) SOURCE OF NON-FEDERAL20

SHARE.The non-Federal share21

(I) may be provided from any22

private or non-Federal source; and23



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(II) may include amounts (in-1

cluding interest) distributed to an In-2

dian tribe3

(aa) by the Federal Govern-4

ment pursuant to the satisfaction5

of a claim made under Federal6

law;7

(bb) from amounts collected8

and administered by the Federal9

Government on behalf of an In-10

dian tribe or the members of an11

Indian tribe; or12

(cc) by the Federal Govern-13

ment for general tribal adminis-14

tration or tribal development15

under a formula or subject to a16

tribal budgeting priority system,17

including18

(AA) amounts involved19

in the settlement of land or20

other judgment claims;21

(BB) severance or other22

royalty payments; or23

(CC) payments under24

the Indian Self-Determina-25



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tion Act (25 U.S.C. 450f et1

seq.) or a tribal budget pri-2

ority system.3

(C) DURATION.4

(i) IN GENERAL.Subject to clause5

(ii), the Commissioner may make grants6

made under this subsection on a 1-year, 2-7

year, or 3-year basis.8

(ii) NATIVE AMERICAN LANGUAGE9

RESTORATION PROGRAM.The Commis-10

sioner shall only make a grant available11

under paragraph (3)(A)(vii)(III) on a 3-12

year basis.13

(6) ADMINISTRATION.14

(A) EXPERT PANEL.15

(i) IN GENERAL.Not later than 18016

days after date of enactment of this sub-17

section, the Commissioner shall appoint a18

panel of experts for the purpose of assist-19

ing the Commissioner to review20

(I) applications submitted under21

paragraph (4);22

(II) evaluations carried out to23

comply with paragraph (4)(B)(iv);24

and25



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(III) the preservation of products1

required by paragraph (4)(B)(vi).2

(ii) COMPOSITION.3

(I) IN GENERAL.The panel4

shall include5

(aa) a designee of the Insti-6

tute of American Indian and7

Alaska Native Culture and Arts8

Development;9

(bb) representatives of na-10

tional, tribal, and regional orga-11

nizations that focus on Native12

American language or Native13

American cultural research, de-14

velopment, or training; and15

(cc) other individuals who16

are recognized as experts in the17

area of Native American lan-18

guage.19

(II) RECOMMENDATIONS.The20

Commissioner shall solicit rec-21

ommendations for appointments to22

the panel from Indian tribes and trib-23

al organizations.24



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(iii) DUTIES.The duties of the panel1

shall include2

(I) making recommendations re-3

garding the development and imple-4

mentation of regulations, policies, pro-5

cedures, and rules of general applica-6

bility with respect to the administra-7

tion of this subsection;8

(II) reviewing applications re-9

ceived under paragraph (4);10

(III) providing to the Commis-11

sioner a list of recommendations for12

the approval of applications in accord-13

ance with14

(aa) regulations issued by15

the Secretary of Health and16

Human Services; and17

(bb) the relative need for the18

project; and19

(IV) reviewing evaluations sub-20

mitted to comply with paragraph21

(4)(B)(iv).22

(B) PRODUCTS GENERATED BY 23

PROJECTS.24



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(i) IN GENERAL.Subject to clause1

(ii), for preservation and use in accordance2

with the responsibilities of the respective3

organization under Federal law, a copy of4

any product of a Native American lan-5

guage project for which a grant is made6

under this subsection7

(I) shall be transmitted8

(aa) to the Institute of9

American Indian and Alaska Na-10

tive Culture and Arts Develop-11

ment; and12

(bb) to the Tribal Colleges13

or Universities where the lan-14

guage addressed in the grant15

program is inherent; and16

(II) may be transmitted, at the17

discretion of the grantee, to national18

and regional repositories of similar19

material.20

(ii) EXEMPTION.21

(I) IN GENERAL.In accordance22

with the Federal recognition of the23

sovereign authority of each Indian24

tribe over all aspects of the culture25



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and language of that Indian tribe and1

subject to subclause (II), an Indian2

tribe may make a determination3

(aa) not to transmit a copy4

of a product under clause (i);5

(bb) not to permit the redis-6

tribution of a copy of a product7

transmitted under clause (i); or8

(cc) to restrict in any man-9

ner the use or redistribution of a10

copy of a product transmitted11

under clause (i).12

(II) RESTRICTIONS.Subclause13

(I) does not authorize an Indian14

tribe15

(aa) to limit the access of16

the Commissioner to a product17

described in clause (i) for pur-18

poses of administering this sub-19

section or evaluating the product;20

or21

(bb) to sell a product de-22

scribed in clause (i), or a copy of23

that product, for profit to the en-24

tities referred to in clause (i).25



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(7) AUTHORIZATION OF APPROPRIATIONS.1

There are authorized to be appropriated to carry out2

this subsection such sums as are necessary for each3

of fiscal years 2014 through 2019.4

(f) CONFORMINGAMENDMENTS.5

(1) IN GENERAL.Section 803C of the Native6

American Programs Act of 1974 (42 U.S.C. 2991b-7

3) is repealed.8

(2) AUTHORIZATION OF APPROPRIATIONS.9

Section 816 of the Native American Programs Act10

of 1974 (42 U.S.C. 2992d) is amended11

(A) in subsection (a), by striking sections12

803(d), 803A, 803C, 804, subsection (e) of this13

section and inserting sections 803(d), 803A,14

and 804, subsection (d);15

(B) in subsection (b), by striking other16

than sections 803(d), 803A, 803C, 804, sub-17

section (e) of this section and inserting sec-18

tions 803(d), 803A, and 804, subsection (d);19

and20

(C) by striking subsection (e).21



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SEC. 6. INCREASED ACCESS TO RESOURCES FOR TRIBAL1

SCHOOLS, SCHOOLS SERVED BY THE BUREAU2

OF INDIAN EDUCATION, AND NATIVE AMER-3

ICAN STUDENTS.4

(a) RESERVATION FOR BUREAU-FUNDED SCHOOLS5

AND PROGRAMS AND SCHOOLS OPERATED BY A TRIBE6

OR TRIBAL ORGANIZATION.7

(1) IN GENERAL.The Secretary of Education8

shall ensure that any program administered by the9

Department of Education that awards grants, con-10

tracts, or other assistance to benefit elementary11

schools and secondary schools (as such terms are de-12

fined in section 9101 of the Elementary and Sec-13

ondary Education Act of 1965 (20 U.S.C. 7801)) or14

prekindergarten or early childhood programs, pro-15

vides a reservation, as described in this subsection,16

for 1 or more of the following categories of entities,17

as determined appropriate by the Secretary of Edu-18

cation for each such grant, contract, or assistance19

program:20

(A) Bureau-funded schools (as defined in21

section 1141 of the Education Amendments of22

1978 (25 U.S.C. 2021)).23

(B) Prekindergarten programs or early24

childhood programs or services operated by a25



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tribe or Indian organization (as defined in such1

section).2

(C) Elementary schools or secondary3

schools operated by a tribe or Indian organiza-4

tion (as defined in such section).5

(2) AMOUNT OF RESERVATION.6

(A) EXISTING RESERVATION OF FUNDS.7

In the case of a grant, contract, or assistance8

program provided by the Department of Edu-9

cation to benefit elementary schools and sec-10

ondary schools (as such terms are defined in11

section 9101 of the Elementary and Secondary12

Education Act of 1965 (20 U.S.C. 7801)) or13

prekindergarten or early childhood programs14

for which funds are reserved for entities de-15

scribed in paragraph (1), or for a group that16

may include such entities17

(i) if the existing reservation of funds18

is for an amount that is less than 0.5 per-19

cent, the amount of such reservation shall20

be increased to 0.5 percent; and21

(ii) if the existing reservation of funds22

is for an amount that is equal to or greater23

than 0.5 percent, the amount of such res-24

ervation shall be maintained.25



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(B) NO EXISTING RESERVATION OF1

FUNDS.In the case of a grant, contract, or as-2

sistance program provided by the Department3

of Education to benefit elementary schools and4

secondary schools (as such terms are defined in5

section 9101 of the Elementary and Secondary6

Education Act of 1965 (20 U.S.C. 7801)) or7

prekindergarten or early childhood programs8

for which no funds are reserved for the entities9

described in paragraph (1), the Secretary of10

Education shall reserve 0.5 percent of such11

funds for such entities, as determined by the12

Secretary of Education in accordance with13

paragraph (1).14

(3) USE OF RESERVED FUNDS.Funds re-15

served under this section shall be used in accordance16

with the uses of funds described for each particular17

grant, contract, or assistance program. In addition18

to program support, such reserved funds may be19

used, in an amount determined by the Secretary of20

Education, for technical assistance or capacity build-21

ing to ensure that the schools or programs described22

in paragraph (1) are provided the assistance to com-23

pete for such grants, contracts, or other assistance.24



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(2) The Institute of American Indian and Alas-1

ka Native Culture and Arts Development established2

under the American Indian, Alaska Native, and Na-3

tive Hawaiian Culture and Art Development Act (204

U.S.C. 4401 et seq.).5

(3) Institutional operations grants for the Has-6

kell Indian Nations University and Southwestern In-7

dian Polytechnic Institute under the authority of the8

Act of November 2, 1921 (25 U.S.C. 13), popularly9

known as the Snyder Act.10

(4) Scholarships and adult education and spe-11

cial higher education scholarships under the author-12

ity of the Act of November 2, 1921 (25 U.S.C. 13),13

popularly known as the Snyder Act.14

SEC. 9. DEFINITION OF TRIBAL SCHOOL.15

(a) ESEA DEFINITION.Section 9101 of the Ele-16

mentary and Secondary Education Act of 1965 (20 U.S.C.17

7801) is amended by adding at the end the following:18

(44) TRIBAL SCHOOL.The term tribal19

school means20

(A) a school that is a Bureau-funded21

school, as defined in section 1141 of the Edu-22

cation Amendments of 1978 (25 U.S.C. 2021);23

(B) a prekindergarten program, early24

childhood program or service, or elementary25



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school or secondary school, operated by an In-1

dian tribe or tribal organization (as defined in2

section 4 of the Indian Self-Determination and3

Education Assistance Act (25 U.S.C. 450b));4

(C) a school that is located on Indian5

lands (as defined in section 8013); or6

(D) a school in which a predominance of7

the students who attend the school are Native8

American or Alaska Native students, as deter-9

mined by the Secretary..10

(b) DEFINITION FOR THIS ACT.In this Act, the11

term tribal school has the meaning given the term in12

section 9101 of the Elementary and Secondary Education13

Act of 1965 (20 U.S.C. 7801) (as amended by subsection14

(a)).15


The BUILD Act

Documents