I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native Act to Trans-
form 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 his-
torical 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 inap-
propriately 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 as-
sist them to discontinue use of offensive names and 
symbols on equipment and apparel, including team 
jerseys, signs, stationery, walls, fields, and gym-
nasium floors. 
SEC. 3. GRANTS. 
(a) GRANTS TO DISCONTINUE USE OF A DEROGA-
TORY OR DISCRIMINATORY NAME OR DEPICTION.—
(1) IN GENERAL.—During the 1-year period be-
ginning 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 derog-
atory 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 ma-
terials that bear a discontinued derogatory or 
discriminatory name or depiction. 
(B) Alteration of facilities, including walls, 
floors, and signs, to the extent necessary to re-
move a discontinued derogatory or discrimina-
tory 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 dis-
criminatory. 
(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 sec-
tion, 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 dis-
criminatory; 
(2) not later than 1 year after the date of the 
enactment of this Act—
(A) identify schools that use a name or de-
piction 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 dis-
continue 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 Direc-
tor, who shall be appointed by the Secretary in consulta-
tion 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 per-
sonnel 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 consulta-
tion with the Committee, shall submit a report to the Com-
mittee 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 Com-
mittee 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 Edu-
cation 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-Deter-
mination 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.