I 

111TH CONGRESS 

1ST SESSION H. R. 4152 

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 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native Act to Trans5 form Imagery in Various Environments’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) Based on article I, section 8 of the United 

2 States Constitution, treaties, Federal statutes, and 

3 court decisions, the United States has a unique his4 torical and legal relationship with American Indian 

5 and Alaska Native people, which serves as the basis 

6 for the Federal Government’s trust responsibility 

7 and obligations. 

8 (2) There are 564 federally recognized Indian 

9 tribes in the United States, with some 40 percent of 

10 Indian tribes located in the State of Alaska. 

11 (3) Indian tribes have principal responsibility 

12 for lands and people within their jurisdiction. 

13 (4) This responsibility extends to educating 

14 their students and providing adequate educational 

15 facilities in which their students can learn. 

16 (5) Because of this responsibility, Indian 

17 schools should be eligible for the funding available 

18 under this Act. 

19 (6) Elementary and secondary schools all over 

20 the Nation use words and symbols representing their 

21 schools that are offensive to Native Americans. 

22 (7) Nationally, more than 1,200 schools inap23 propriately use such offensive names or nicknames. 

24 Often, these names or symbols become mascots and 


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1 are used at athletic games for mascot characters, 

2 chants, and other antics. 

3 (8) Although these school communities do not 

4 intend disrespect toward Native Americans, that is 

5 the end result of allowing these offensive terms to 

6 continue in these educational institutions. Therefore, 

7 Federal funding should be available to schools to as8 sist them to discontinue use of offensive names and 

9 symbols on equipment and apparel, including team 

10 jerseys, signs, stationery, walls, fields, and gym11 nasium floors. 

12 SEC. 3. GRANTS. 

13 (a) GRANTS TO DISCONTINUE USE OF A DEROGA14 TORY OR DISCRIMINATORY NAME OR DEPICTION.— 

15 (1) IN GENERAL.—During the 1-year period be16 ginning at the end of the period described in section 

17 4(b)(2), the Secretary of Education, acting through 

18 the Committee on Indian Relations, may make 

19 grants to eligible schools to assist such schools to 

20 discontinue use of a name or depiction that is derog21 atory or discriminatory (as provided under section 5) 

22 as a team name, mascot, or nickname of the school 

23 or any entity sponsored by the school. 

24 (2) USE OF FUNDS.—The Secretary may not 

25 make a grant to an applicant under this subsection 


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1 unless the applicant agrees to use the grant for the 

2 following: 

3 (A) Replacement of uniforms or other ma4 terials that bear a discontinued derogatory or 

5 discriminatory name or depiction. 

6 (B) Alteration of facilities, including walls, 

7 floors, and signs, to the extent necessary to re8 move a discontinued derogatory or discrimina9 tory name or depiction. 

10 (3) ELIGIBLE SCHOOLS.—For purposes of this 

11 subsection, the term ‘‘eligible school’’ means a school 

12 that has made a formal decision to discontinue use 

13 of a name or depiction that is derogatory or dis14 criminatory. 

15 (b) CONSTRUCTION GRANTS.—Not sooner than the 

16 end of the 1-year period during which grants may be made 

17 under subsection (a)(1), the Secretary may make grants 

18 to Indian schools and to schools that received grants under 

19 subsection (a)(1) for school construction or renovation. 

20 (c) CONSULTATION.—Before making any grant under 

21 this section, the Secretary shall consult with Indian tribes 

22 concerning the grant. 

23 (d) APPLICATION.—To seek a grant under this sec24 tion, an applicant shall submit an application at such time, 


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1 in such manner, and containing such information as the 

2 Secretary reasonably requires. 

3 SEC. 4. COMMITTEE ON INDIAN RELATIONS. 

4 (a) ESTABLISHMENT.—Not later than 6 months after 

5 the date of the enactment of this Act, the Secretary shall 

6 establish within the Department of Education a committee 

7 to be known as the Committee on Indian Relations. 

8 (b) DUTIES.—The Committee shall— 

9 (1) in accordance with section 5(c), determine 

10 names and depictions that are derogatory or dis11 criminatory; 

12 (2) not later than 1 year after the date of the 

13 enactment of this Act— 

14 (A) identify schools that use a name or de15 piction that is derogatory or discriminatory as 

16 a team name, mascot, or nickname of the school 

17 or any entity sponsored by the school; and 

18 (B) inform any school so identified of the 

19 assistance available under this Act to dis20 continue use of such name or depiction; 

21 (3) assist the Secretary to make grants under 

22 section 3; and 

23 (4) provide cultural proficiency training at 

24 schools receiving assistance under section 3 to effect 


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1 positive and long-term change regarding any deroga2 tory or discriminatory name or depiction. 

3 (c) DIRECTOR.—The Committee shall have a Direc4 tor, who shall be appointed by the Secretary in consulta5 tion with tribal governments involved in Indian education 

6 program activities. The Director shall be paid at the rate 

7 of basic pay for level V of the Executive Schedule. 

8 (d) STAFF.—The Director may appoint such per9 sonnel as the Director considers appropriate to carry out 

10 the purposes of the Committee. 

11 (e) TERMINATION.—The Committee shall terminate 

12 at the end of fiscal year 2015. 

13 SEC. 5. DEROGATORY OR DISCRIMINATORY NAMES AND 

14 DEPICTIONS. 

15 (a) IN GENERAL.—For purposes of this Act, a name 

16 or depiction is derogatory or discriminatory if listed in 

17 subsection (b) or designated under subsection (c). 

18 (b) LISTED NAMES.—The names listed in this sub19 section are the following: 

20 (1) Indians. 

21 (2) Redskins. 

22 (3) Braves. 

23 (4) Chiefs. 

24 (c) DESIGNATED NAMES AND DEPICTIONS.—A name 

25 or depiction is designated under this subsection if the 


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1 Committee determines, after notice and comment, that the 

2 name or depiction is derogatory or discriminatory on the 

3 basis of race, ethnicity, nationality, or Indian or Native 

4 Alaskan tribal affiliation. 

5 SEC. 6. REPORTS. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of the enactment of this Act, and annually for each 

8 of the 4 succeeding fiscal years, the Secretary, in consulta9 tion with the Committee, shall submit a report to the Com10 mittee on Resources of the House of Representatives and 

11 the Committee on Indian Affairs of the Senate. 

12 (b) CONTENTS.—Each report submitted under this 

13 section shall include the following: 

14 (1) A summary of the activities conducted by 

15 the Secretary, including those conducted by the 

16 Committee, to carry out this Act. 

17 (2) Any recommendations for legislation that 

18 the Secretary, in consultation with the Committee, 

19 determines to be necessary to carry out this Act. 

20 SEC. 7. DEFINITIONS. 

21 For purposes of this Act: 

22 (1) The term ‘‘Committee’’ means the Com23 mittee on Indian Relations established under section 

24 4. 

25 (2) The term ‘‘school’’ means— 


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1 (A) an elementary school or a secondary 

2 school (as such terms are defined in section 

3 9101 of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 7801)); or 

5 (B) an institution of higher education (as 

6 such term is defined in section 101(a) of the 

7 Higher Education Act of 1965 (20 U.S.C. 

8 1001(a))). 

9 (3) The term ‘‘Indian school’’ means a school 

10 that is operated by— 

11 (A) the Bureau of Indian Affairs; or 

12 (B) an Indian tribe, or an organization 

13 controlled or sanctioned by an Indian tribal 

14 government, for the children of that tribe under 

15 a contract with, or grant from, the Department 

16 of the Interior under the Indian Self-Deter17 mination Act or the Tribally Controlled Schools 

18 Act of 1988. 

19 (4) The term ‘‘Indian tribe’’ has the meaning 

20 given to that term in section 4(e) of the Indian Self21 Determination and Education Assistance Act (25 

22 U.S.C. 450b(e)). 

23 (5) The term ‘‘Secretary’’ means the Secretary 

24 of Education. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act, to remain avail4 able until expended, for each of fiscal years 2011 through 

5 2015. Such authorization of appropriations shall be in ad6 dition to any other authorization of appropriations for In7 dian education. 

Æ 


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