to authorize the Secretary of Education to make grants to eligible schools to
assist such schools to discontinue use of a derogatory or discriminatory name or
depiction as a team name, mascot, or nickname, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 12, 2003
Mr. PALLONE introduced the following bill; which was referred to the Committee
on Education and the Workforce
To authorize the Secretary of Education to make grants to
eligible schools to assist such schools to discontinue use of a derogatory or
discriminatory name or depiction as a team name, mascot, or nickname, and for
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 Act to Transform Imagery in Various
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Based on article I, section 8 of the United States Constitution, treaties,
Federal statutes, and court decisions, the United States has a unique historical
and legal relationship with American Indian and Alaska Native people, which
serves as the basis for the Federal Government's trust responsibility and
(2) There are 558 federally recognized Indian tribes in the United States, with
some 40 percent of Indian tribes located in the State of Alaska.
(3) Indian tribes have principal responsibility for lands and people within
(4) This responsibility extends to educating their students and providing
adequate educational facilities in which their students can learn.
(5) Because of this responsibility, Indian schools should be eligible for the
funding available under this Act.
(6) Elementary and secondary schools all over the Nation use words and symbols
representing their schools that are offensive to Native Americans.
(7) Nationally, more than 1,200 schools inappropriately use such offensive names
or nicknames. Often, these names or symbols become mascots and are used at
athletic games for mascot characters, chants, and other antics.
(8) Although these school communities do not intend disrespect toward Native
Americans, that is the end result of allowing these offensive terms to continue
in these educational institutions. Therefore, Federal funding should be
available to schools to assist them to discontinue use of offensive names and
symbols on equipment and apparel, including team jerseys, signs, stationery,
walls, fields, and gymnasium floors.
SEC. 3. GRANTS.
(a) GRANTS TO DISCONTINUE USE OF A DEROGATORY OR DISCRIMINATORY NAME OR
(1) IN GENERAL- During the 1-year period beginning at the end of the period
described in section 4(b)(2), the Secretary of Education, acting through the
Committee on Indian Relations, may make grants to eligible schools to assist
such schools to discontinue use of a name or depiction that is derogatory or
discriminatory (as provided under section 5) as a team name, mascot, or nickname
of the school or any entity sponsored by the school.
(2) USE OF FUNDS- The Secretary may not make a grant to an applicant under this
subsection unless the applicant agrees to use the grant for the following:
(A) Replacement of uniforms or other materials that bear a discontinued
derogatory or discriminatory name or depiction.
(B) Alteration of facilities, including walls, floors, and signs, to the extent
necessary to remove a discontinued derogatory or discriminatory name or
(3) ELIGIBLE SCHOOLS- For purposes of this subsection, the term `eligible
school' means a school that has made a formal decision to discontinue use of a
name or depiction that is derogatory or discriminatory.
(b) CONSTRUCTION GRANTS- Not sooner than the end of the 1-year period during
which grants may be made under subsection (a)(1), the Secretary may make grants
to Indian schools and to schools that received grants under subsection (a)(1)
for school construction or renovation.
(c) CONSULTATION- Before making any grant under this section, the Secretary
shall consult with Indian tribes concerning the grant.
(d) APPLICATION- To seek a grant under this section, an applicant shall submit
an application at such time, in such manner, and containing such information as
the Secretary reasonably requires.
SEC. 4. COMMITTEE ON INDIAN RELATIONS.
(a) ESTABLISHMENT- Not later than 6 months after the date of the enactment of
this Act, the Secretary shall establish within the Department of Education a
committee to be known as the Committee on Indian Relations.
(b) DUTIES- The Committee shall--
(1) in accordance with section 5(c), determine names and depictions that are
derogatory or discriminatory;
(2) not later than 1 year after the date of the enactment of this Act--
(A) identify schools that use a name or depiction that is derogatory or
discriminatory as a team name, mascot, or nickname of the school or any entity
sponsored by the school; and
(B) inform any school so identified of the assistance available under this Act
to discontinue use of such name or depiction;
(3) assist the Secretary to make grants under section 3; and
(4) provide cultural proficiency training at schools receiving assistance under
subsection (a) to effect positive and long-term change regarding any derogatory
or discriminatory name or depiction.
(c) DIRECTOR- The Committee shall have a Director, who shall be appointed by the
Secretary in consultation with tribal governments involved in Indian education
program activities. The Director shall be paid at the rate of basic pay for
level V of the Executive Schedule.
(d) STAFF- The Director may appoint such personnel as the Director considers
appropriate to carry out the purposes of the Committee.
(e) TERMINATION- The Committee shall terminate at the end of fiscal year 2008.
SEC. 5. DEROGATORY OR DISCRIMINATORY NAMES AND DEPICTIONS.
(a) IN GENERAL- For purposes of this Act, a name or depiction is derogatory or
discriminatory if listed in subsection (b) or designated under subsection (c).
(b) LISTED NAMES- The names listed in this subsection are the following:
(1) Indians. (2) Redskins. (3) Braves. (4) Chiefs.
(c) DESIGNATED NAMES AND DEPICTIONS- A name or depiction is designated under
this subsection if the Committee determines, after notice and comment, that the
name or depiction is derogatory or discriminatory on the basis of race,
ethnicity, nationality, or Indian or Native Alaskan tribal affiliation.
SEC. 6. REPORTS.
(a) IN GENERAL- Not later than 1 year after the date of the enactment of this
Act, and annually for each of the 4 succeeding fiscal years, the Secretary, in
consultation with the Committee, shall submit a report to the Committee on
Resources of the House of Representatives and the Committee on Indian Affairs of
(b) CONTENTS- Each report submitted under this section shall include the
(1) A summary of the activities conducted by the Secretary, including those
conducted by the Committee, to carry out this Act.
(2) Any recommendations for legislation that the Secretary, in consultation with
the Committee, determines to be necessary to carry out this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term `Committee' means the Committee on Indian Relations established
under section 4.
(2) The term `school' means--
(A) an elementary school or a secondary school (as such terms are defined in
section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
(B) an institution of higher education (as such term is defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
(3) The term `Indian school' means a school that is operated by--
(A) the Bureau of Indian Affairs; or
(B) an Indian tribe, or an organization controlled or sanctioned by an Indian
tribal government, for the children of that tribe under a contract with, or
grant from, the Department of the Interior under the Indian Self-Determination
Act or the Tribally Controlled Schools Act of 1988.
(4) The term `Indian tribe' has the meaning given to that term in section 4(e)
of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
(5) The term `Secretary' means the Secretary of Education.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry
out this Act, to remain available until expended, for each of fiscal years 2004
through 2008. Such authorization of appropriations shall be in addition to any
other authorization of appropriations for Indian education.
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