I 111th CONGRESS 1st Session H. R. 4152 IN THE HOUSE OF REPRESENTATIVES November 19, 2009 Mr. Pallone introduced the following bill; which was referred to the Committee on Education and Labor 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.

1.

Short title

This Act may be cited as the Native Act to Transform Imagery in Various Environments.

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 564 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.

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.

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 section 3 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 2015.

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.

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.

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 (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.

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 2011 through 2015. Such authorization of appropriations shall be in addition to any other authorization of appropriations for Indian education.