[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3835 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3835
To develop and disseminate accurate, relevant, and accessible resources
to promote understanding about Native American and Tribal histories.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2022
Ms. Smith introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To develop and disseminate accurate, relevant, and accessible resources
to promote understanding about Native American and Tribal histories.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Histories and Cultures
Education Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Native American peoples are a vital part of our
Nation's past and present.
(2) Native American peoples have made significant
contributions to the United States and continue to serve as
leaders in communities across the Nation and with distinction
as public servants, scholars, scientists, entrepreneurs,
artists, authors, and in many other professions and
specialties.
(3) The United States has a unique government-to-government
relationship with Indian Tribes and treaty-based trust
responsibilities owed to Native American peoples and Indian
Tribes.
(4) Congress has played a critical role in recognizing the
cultures and contributions of Native American peoples
throughout the history of the United States by establishing the
National Museum of the American Indian in 1989 to--
(A) advance the study of Native American language,
literature, history, art, anthropology, and life; and
(B) provide for Native American research and study
programs.
(5) Indian Tribes, Tribal Colleges and Universities, Native
American organizations, and Native American communities have
worked diligently to bring accurate Native American histories
and culturally informed educational opportunities to American
classrooms.
(6) Washington, Oregon, Montana, Arizona, New Mexico,
Wisconsin, Maine, Connecticut, Virginia, Florida, Minnesota,
and Hawaii include Native American education in content
standards for kindergarten through grade 12 education.
(7) It is important for students in the United States to
have a complete and accurate education about--
(A) the experience of Native American peoples in
the United States today and throughout history;
(B) the Federal Government's adoption of the
relocation, termination, and other discriminatory and
genocidal policies, including the Indian Boarding
School Policy, and similar policies employed in the
Territory of Hawaii, to strip American Indian, Alaska
Native, and Native Hawaiian children of their
indigenous identities, language, and culture;
(C) the unique government-to-government
relationship between the Federal Government and Indian
Tribes; and
(D) the Federal Government's treaty-based trust
responsibilities to Native American peoples and Indian
Tribes.
(8) The Federal Government can improve the representation
of Native American peoples, their histories, and their
contributions, as well as the unique relationship between
Indian Tribes and the Federal Government in more classrooms by
supporting community-based curricula development.
SEC. 3. DEFINITIONS.
In this Act:
(1) Base curriculum.--The term ``base curriculum'' means a
nationally focused curriculum on Native histories and cultures
developed by the Director of the Museum under section 5(a)(1).
(2) Eligible entity.--The term ``eligible entity'' means a
partnership that--
(A) shall include a State educational agency and 1
or more Indian Tribes, Tribal organizations, or Native
Hawaiian education organizations;
(B) may include 1 or more local educational
agencies; and
(C) may include 1 or more Tribal educational
agencies.
(3) Indian tribe.--The term ``Indian Tribe'' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually recognized (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Museum.--The term ``Museum'' means the National Museum
of the American Indian.
(7) Native american.--The term ``Native American'' has the
meaning given the term in section 103 of the Native American
Languages Act (25 U.S.C. 2902).
(8) Native hawaiian education organization.--The term
``Native Hawaiian education organization'' has the meaning
given the term in section 6207 of the Native Hawaiian Education
Act (20 U.S.C. 7517).
(9) Native histories and cultures.--The term ``Native
histories and cultures'' means accurate, fact-based, and
thorough information about the histories and cultures of Native
American peoples prior to the first European contact, during
the colonization of North America, and until the present date.
(10) Native histories and cultures education program.--The
term ``Native histories and cultures education program'' means
a program that--
(A) has as its specific and primary purpose to--
(i) improve awareness and understanding of
the experiences of Native American peoples and
Native histories and cultures; and
(ii) describe and educate individuals on
the structures of Indian Tribes as sovereign
entities with separate executive, legislative,
and judicial government structures;
(B) uses the base curriculum; and
(C) incorporates local and regionally appropriate
information on the histories and cultures of Indian
Tribes and Native American peoples in that area that is
developed in consultation with such Indian Tribes and
Native American peoples.
(11) Professional development.--The term ``professional
development'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(12) State educational agency.--The term ``State
educational agency'' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(13) Tribal educational agency.--The term ``Tribal
educational agency'' has the meaning given the term in section
6132(b)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7452).
(14) Tribal organization.--The term ``Tribal organization''
means a tribal organization, as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
SEC. 4. PURPOSES.
The purposes of this Act are to--
(1) expand the Museum's educational efforts and develop and
make freely accessible base curriculum resources and materials
that--
(A) have been developed after significant
consultation, engagement, and coordination with Indian
Tribes, Tribal organizations, and stakeholders
representing Native American peoples and interests,
including Native Hawaiian education organizations; and
(B) are available for students, educators, parents,
and interested individuals and groups;
(2) support partnerships among States, Indian Tribes,
Tribal organizations, and Native Hawaiian education
organizations to develop additional educational resources and
materials related to Native histories and cultures that are
local and regionally specific; and
(3) provide opportunities for State educational agencies to
implement Native histories and cultures education programs
built around the base curriculum provided by the Museum with
additional locally and regionally appropriate information.
SEC. 5. NATIVE HISTORIES AND CULTURES EDUCATION PROGRAM.
(a) Solicitation of Feedback and Development of Base Curriculum for
Native Histories and Cultures.--
(1) In general.--The Director of the Museum shall--
(A) for a period of not less than 9 months,
regarding the learning objectives and development of
the base curriculum on Native histories and cultures
under subparagraph (B)--
(i) engage in robust and active
consultation with Indian Tribes and Tribal
organizations; and
(ii) solicit comments from organizations
representing the interests of Native American
peoples in the United States, and any other
relevant stakeholders, including Native
Hawaiian education organizations;
(B) develop, not later than 1 year after the end of
the period described in subparagraph (A), a base
curriculum on Native histories and cultures that--
(i) is appropriate for all grade levels of
elementary school and secondary school
education;
(ii) includes the significant contributions
Native Americans have made to the Nation as
leaders in their communities and States, and as
scholars, scientists, entrepreneurs, artists,
authors, educators, and in other fields;
(iii) explains the unique government-to-
government relationship between the Federal
Government and Indian Tribes and the trust and
treaty-based responsibilities owed to Native
American peoples and Indian Tribes;
(iv) includes the important role Native
American peoples have played in the history of
the United States and through present day;
(v) teaches the experiences of Native
American peoples in the United States today and
throughout history, including the Federal
Government's adoption of the Indian Boarding
School Policy, and similar policies employed in
the Territory of Hawaii, to strip American
Indian, Alaska Native, and Native Hawaiian
children of their indigenous identities,
language, and culture; and
(vi) includes other appropriate subjects
that will enable people to understand and
appreciate the histories, cultures, and
perspectives of Native American peoples and how
such histories, cultures, and perspectives have
and will continue to be part of the fabric of
the United States;
(C) make available for public comment the base
curriculum and make adjustments as appropriate;
(D) engage in outreach promoting the availability
of the base curriculum to educators, State educational
agencies, local educational agencies, Indian Tribes,
Tribal organizations, Native Hawaiian education
organizations, educator preparation programs, groups
involved with the provision of professional development
for educators, and other interested stakeholders, which
may include making materials accessible, at no charge,
to educators through means and services that educators
frequently use to access educational materials;
(E) make the base curriculum and any updates to the
curriculum developed under this paragraph publicly
available, at no charge, on the Museum's website and
through other means;
(F) provide technical assistance to eligible
entities, State educational agencies, local educational
agencies, Tribal educational agencies, and educators;
(G) solicit public comment from Indian Tribes,
Tribal organizations, and organizations representing
the interests of Native American peoples in the United
States, including Native Hawaiian education
organizations, local educational agencies, State
educational agencies, educators, or other entities
utilizing the base curriculum made freely available
under subparagraph (E) to assess the success of its
implementation and collect data used for reporting to
Congress under section 6;
(H) provide mechanisms to accept feedback and
comment continuously, and make revisions and updates to
the base curriculum periodically; and
(I) formally make revisions and updates to the base
curriculum based upon feedback and comments under this
paragraph, 1 and 2 years after initial implementation
and, as appropriate, periodically thereafter.
(2) Inclusion of available materials.--In developing the
base curriculum under paragraph (1), the Director of the Museum
may use or incorporate any educational material available
through the Museum as of the date of enactment of this Act.
(3) Coordination.--The Director of the Institute of Museum
and Library Services shall make available any educational
material or resources requested by the Director of the Museum
to develop the base curriculum under paragraph (1).
(b) Grants Authorized.--
(1) In general.--Upon completion of the initial development
of the base curriculum under subsection (a)(1)(B), the Director
of the Museum shall award grants to eligible entities--
(A) to use the base curriculum to develop and plan
Native histories and cultures education programs that
are locally and regionally specific; and
(B) to implement such programs in elementary
schools and secondary schools served by the eligible
entity.
(2) Applications.--An eligible entity desiring a grant
under this subsection shall submit an application to the
Director of the Museum at such time, in such manner, and based
on such competitive criteria as the Director of the Museum may
require. Each such application shall include the following:
(A) A description of the partnership and
coordination between all partner entities comprising
the eligible entity, including any formal agreements or
memoranda of understanding.
(B) A description of any outreach conducted beyond
the eligible entity to Indian Tribes, Tribal
organizations, Native Hawaiian education organizations,
Tribal education organizations, or local, regional, or
otherwise relevant stakeholders.
(C) A description of how any Indian Tribe, Tribal
organization, or Native Hawaiian education organization
included in the eligible entity will be compensated for
their efforts under the grant.
(D) A description of the local and regional,
historical, and cultural materials that the eligible
entity will seek to include in the educational
materials and Native histories and cultures education
program developed under the grant.
(E) A description of how such materials will align
with the challenging State academic standards and
assessments under paragraphs (1) and (2) of section
1111(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)).
(F) A description of how such materials will align
with a State's academic standards and assessments
related to social studies and history or other relevant
subject.
(G) A description of how the eligible entity will
meet the reporting requirements.
(3) Uses of funds.--An eligible entity receiving a grant
under this subsection shall use the grant funds to develop,
plan, and implement a Native histories and cultures education
program, including--
(A) developing local and regionally specific Native
histories and cultures education program resources for
use in conjunction with the base curriculum;
(B) developing a plan for the implementation of a
Native histories and cultures education program that
would be implemented in public elementary schools and
secondary schools served by the eligible entity,
including coordination with local educational agencies
and teachers;
(C) utilizing the base curriculum and developing
additional curriculum to align with the challenging
State academic standards and assessments under
paragraphs (1) and (2) of section 1111(b) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b));
(D) planning, development, and coordination among
all partner entities comprising the eligible entity,
for purposes of developing local and regionally
specific Native histories and cultures education
program resources, including compensation for any
Indian Tribe, Tribal organization, or Native Hawaiian
education organization within the eligible entity for
these activities;
(E) planning and coordination with other relevant
stakeholders, such as local and regional Indian Tribes
or Tribal organizations, Native Hawaiian education
organizations, museums, cultural centers, historical
societies, institutions of higher education, and
curricula experts, for the purpose of developing local
and regionally specific Native histories and cultures
education program resources;
(F) coordination with and outreach to students,
educators, parents, and organizations representing
Native American students, parents, or families;
(G) providing professional development to educators
on the Native histories and cultures education program,
including the importance of the program;
(H) implementing a Native histories and cultures
education program in public elementary schools and
secondary schools in accordance with the implementation
plan developed under subparagraph (B);
(I) coordination with undergraduate,
postbaccalaureate, or master's educator preparation
programs, including training and outreach for educator
candidates and school leader candidates;
(J) providing outreach and broader community
awareness on the initiative carried out under this
section; and
(K) making revisions to the Native histories and
cultures education program, as necessary based on the
base curriculum revisions under subsection (a)(1)(I).
(c) Supplement Not Supplant.--An eligible entity receiving a grant
under subsection (b) shall use grant funds to supplement, and not
supplant, any funds that would, in the absence of such grant funds, be
made available from State and local sources for the activities
described in subsection (b).
SEC. 6. REPORTING.
(a) Annual State Reports.--An eligible entity that receives a grant
under section 5 shall annually report on the effectiveness of the
Native histories and cultures education program and activities carried
out under the grant to the Director of the Institute of Education
Sciences, which shall include, at a minimum the following:
(1) The number of students served by grant activities.
(2) The number of educators who participated in
professional development funded by grant activities.
(3) The number of educator preparation programs that
provided training, and the number of educator candidates and
school leaders who received training funded by grant
activities.
(4) The number of local educational agencies utilizing the
base curriculum or a Native histories and cultures education
program.
(5) A description of the performance indicators and
performance measures used to evaluate programs and activities
with an emphasis on the academic and cultural needs of
participating Native American students, including performance
indicators and measures that--
(A) are able to track student success and
improvement over time;
(B) include State assessment results and other
indicators of student success and improvement, such as
improved attendance during the school day, improved
classroom grades, improved school climate and safety,
and improved school discipline disparities;
(C) for high school students, may include
indicators such as graduation rates, grade point
average, credits earned, postsecondary enrollment, and
career readiness; or
(D) reflect improved performance or student success
in other ways.
(6) Reporting on the effectiveness of the program,
including the results of the performance indicators under
paragraph (5), which shall include estimated impact on the
student outcomes of participating Native students. Any
performance or enrollment data disaggregation shall be done in
a manner that protects the privacy of students. Such
performance and enrollment data shall not be disaggregated in
the case in which the number of students in a group is
insufficient to yield statistically reliable information or the
results would reveal personally identifiable information about
an individual student.
(7) A report or narrative from the Indian Tribe, Tribal
organization, or Native Hawaiian education organization that is
a part of the eligible entity regarding--
(A) the estimated impact on students enrolled in
the Indian Tribe or served by the Tribal organization
or Native Hawaiian education organization; and
(B) the estimated impact, if any, on students
enrolled in the Indian Tribe or served by the Tribal
organization or Native Hawaiian education organization
in terms of culturally relevant methods of determining
value and success.
(8) Any feedback on the base curriculum developed under
section 5(a)(1)(B).
(b) Institute of Education Sciences Report.--
(1) In general.--The Director of the Institute of Education
Sciences shall prepare and make publicly available a biennial
report containing--
(A) information on a national and statewide basis,
that shall not include the personally identifiable
information of students, educators, or other
individuals, from the reports submitted under
subsection (a) and that may include other information
determined appropriate by the Director of the Institute
of Education Sciences;
(B) an evaluation of the effectiveness of the
Native histories and cultures education programs,
including the impact on student performance in general
and student performance of Native American students in
particular from, or informed by, the annual State
reports described in subsection (a); and
(C) any recommendations based on the evaluation of
the Native histories and cultures education programs.
(2) Reports to congress.--The Director of the Institute of
Education Sciences shall submit to the Committee on Indian
Affairs of the Senate, the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Education and Labor of the House of Representatives, 1 year
after the date of enactment of this Act and every 5 years
thereafter, a report describing the impact of the program, as
determined by the metrics collected under subsection (a).
(c) National Museum of the American Indian Report.--The Director of
the Museum shall submit to the Committee on Indian Affairs of the
Senate, the Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on Natural Resources of the House of
Representatives, and the Committee on Education and Labor of the House
of Representatives--
(1) not later than 6 months after the date of enactment of
this Act, a brief status report describing the activities
carried out under section 5(a)(1)(A);
(2) not later than 18 months after the date of enactment of
this Act, a report on the base curriculum developed under
section 5 and a report on the Director of the Museum's
development process and plan for dissemination of the base
curriculum; and
(3) every five years thereafter, a report describing
efforts undertaken by the Director of the Museum to update the
base curriculum as described in section 5(a)(1)(I).
SEC. 7. NATIONAL MUSEUM OF THE AMERICAN INDIAN ACT.
The National Museum of the American Indian Act (20 U.S.C. 80q et
seq.) is amended--
(1) in section 3(b)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) advance the study and awareness of Native American
histories and cultures by providing educational resources to
educators and schools.''; and
(2) in section 6, by striking subsection (a)(1) and
inserting the following:
``(1) a Director who, subject to the policies of the Board
of Trustees--
``(A) shall manage the National Museum; and
``(B) enter into grants with Indian Tribes, Tribal
organizations, Native Hawaiian education organizations,
State educational agencies, and local educational
agencies to further the purposes described in section 4
of the Native Histories and Cultures Education Act of
2022 and carry out the responsibilities described under
such Act.''.
SEC. 8. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $1,000,000 for the Museum to carry out the activities
described in section 5(a) and to establish the administrative
capabilities necessary to administer grants under section 5;
and
(2) $30,000,000 to award grants under section 5.
(b) Donations, Gifts, Bequests, and Devises of Property.--The
Director of the Museum is authorized to solicit, accept, hold,
administer, invest, and use donated funds and gifts, bequests, and
devises of property, both real and personal, to support the initiative
under this Act.
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