[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5487 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5487

  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

                           September 26, 2002

 Mr. Pallone introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  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.

    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 Environments''.

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 obligations.
            (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 their jurisdiction.
            (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 Depiction.--
            (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 
                depiction.
            (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 2007.

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 and Depictions.--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 the Senate.
    (b) Contents.--Each report submitted under this section shall 
include the following:
            (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. 7801)); or
                    (B) an institution of higher education (as such 
                term is defined in section 101(a) of the Higher 
                Education Act of 1965 (51 U.S.C. 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. 450b(e)).
            (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 2003 through 2007. Such authorization of 
appropriations shall be in addition to any other authorization of 
appropriations for Indian education.
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