[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5854 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5854
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
February 11, 2020
Mr. Pallone introduced the following bill; which was referred to the
Committee on Education and Labor
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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 573 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 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 2024.
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 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 (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 2020 through 2024. Such authorization of
appropriations shall be in addition to any other authorization of
appropriations for Indian education.
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