Native Act to Transform Imagery in Various Environments

I 117TH CONGRESS 1ST SESSION H. R. 3789 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 JUNE 8, 2021 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Native Act to Trans- 4 form Imagery in Various Environments’’. 5 SEC. 2. FINDINGS. 6 The Congress finds the following: 7 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 2 •HR 3789 IH (1) Based on article I, section 8 of the United 1 States Constitution, treaties, Federal statutes, and 2 court decisions, the United States has a unique his- 3 torical and legal relationship with American Indian 4 and Alaska Native people, which serves as the basis 5 for the Federal Government’s trust responsibility 6 and obligations. 7 (2) There are 574 federally recognized Indian 8 tribes in the United States, with some 40 percent of 9 Indian tribes located in the State of Alaska. 10 (3) Indian tribes have principal responsibility 11 for lands and people within their jurisdiction. 12 (4) This responsibility extends to educating 13 their students and providing adequate educational 14 facilities in which their students can learn. 15 (5) Because of this responsibility, Indian 16 schools should be eligible for the funding available 17 under this Act. 18 (6) Elementary and secondary schools all over 19 the Nation use words and symbols representing their 20 schools that are offensive to Native Americans. 21 (7) Nationally, more than 1,900 schools inap- 22 propriately use such offensive names or nicknames. 23 Often, these names or symbols become mascots and 24 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 3 •HR 3789 IH are used at athletic games for mascot characters, 1 chants, and other antics. 2 (8) Although these school communities do not 3 intend disrespect toward Native Americans, that is 4 the end result of allowing these offensive terms to 5 continue in these educational institutions. Therefore, 6 Federal funding should be available to schools to as- 7 sist them to discontinue use of offensive names and 8 symbols on equipment and apparel, including team 9 jerseys, signs, stationery, walls, fields, and gym- 10 nasium floors. 11 SEC. 3. GRANTS. 12 (a) GRANTS TO DISCONTINUE USE OF A DEROGA- 13 TORY OR DISCRIMINATORY NAME OR DEPICTION.— 14 (1) IN GENERAL.—During the 1-year period be- 15 ginning at the end of the period described in section 16 4(b)(2), the Secretary of Education, acting through 17 the Committee on Indian Relations, may make 18 grants to eligible schools to assist such schools to 19 discontinue use of a name or depiction that is derog- 20 atory or discriminatory (as provided under section 5) 21 as a team name, mascot, or nickname of the school 22 or any entity sponsored by the school. 23 (2) USE OF FUNDS.—The Secretary may not 24 make a grant to an applicant under this subsection 25 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 4 •HR 3789 IH unless the applicant agrees to use the grant for the 1 following: 2 (A) Replacement of uniforms or other ma- 3 terials that bear a discontinued derogatory or 4 discriminatory name or depiction. 5 (B) Alteration of facilities, including walls, 6 floors, and signs, to the extent necessary to re- 7 move a discontinued derogatory or discrimina- 8 tory name or depiction. 9 (3) ELIGIBLE SCHOOLS.—For purposes of this 10 subsection, the term ‘‘eligible school’’ means a school 11 that has made a formal decision to discontinue use 12 of a name or depiction that is derogatory or dis- 13 criminatory. 14 (b) CONSTRUCTION GRANTS.—Not sooner than the 15 end of the 1-year period during which grants may be made 16 under subsection (a)(1), the Secretary may make grants 17 to Indian schools and to schools that received grants under 18 subsection (a)(1) for school construction or renovation. 19 (c) CONSULTATION.—Before making any grant under 20 this section, the Secretary shall consult with Indian tribes 21 concerning the grant. 22 (d) APPLICATION.—To seek a grant under this sec- 23 tion, an applicant shall submit an application at such time, 24 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 5 •HR 3789 IH in such manner, and containing such information as the 1 Secretary reasonably requires. 2 SEC. 4. COMMITTEE ON INDIAN RELATIONS. 3 (a) ESTABLISHMENT.—Not later than 6 months after 4 the date of the enactment of this Act, the Secretary shall 5 establish within the Department of Education a committee 6 to be known as the Committee on Indian Relations. 7 (b) DUTIES.—The Committee shall— 8 (1) in accordance with section 5(c), determine 9 names and depictions that are derogatory or dis- 10 criminatory; 11 (2) not later than 1 year after the date of the 12 enactment of this Act— 13 (A) identify schools that use a name or de- 14 piction that is derogatory or discriminatory as 15 a team name, mascot, or nickname of the school 16 or any entity sponsored by the school; and 17 (B) inform any school so identified of the 18 assistance available under this Act to dis- 19 continue use of such name or depiction; 20 (3) assist the Secretary to make grants under 21 section 3; and 22 (4) provide cultural proficiency training at 23 schools receiving assistance under section 3 to effect 24 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 6 •HR 3789 IH positive and long-term change regarding any deroga- 1 tory or discriminatory name or depiction. 2 (c) DIRECTOR.—The Committee shall have a Direc- 3 tor, who shall be appointed by the Secretary in consulta- 4 tion with tribal governments involved in Indian education 5 program activities. The Director shall be paid at the rate 6 of basic pay for level V of the Executive Schedule. 7 (d) STAFF.—The Director may appoint such per- 8 sonnel as the Director considers appropriate to carry out 9 the purposes of the Committee. 10 (e) TERMINATION.—The Committee shall terminate 11 at the end of fiscal year 2026. 12 SEC. 5. DEROGATORY OR DISCRIMINATORY NAMES AND 13 DEPICTIONS. 14 (a) IN GENERAL.—For purposes of this Act, a name 15 or depiction is derogatory or discriminatory if listed in 16 subsection (b) or designated under subsection (c). 17 (b) LISTED NAMES.—The names listed in this sub- 18 section are the following: 19 (1) Indians. 20 (2) Redskins. 21 (3) Braves. 22 (4) Chiefs. 23 (c) DESIGNATED NAMES AND DEPICTIONS.—A name 24 or depiction is designated under this subsection if the 25 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 7 •HR 3789 IH Committee determines, after notice and comment, that the 1 name or depiction is derogatory or discriminatory on the 2 basis of race, ethnicity, nationality, or Indian or Native 3 Alaskan tribal affiliation. 4 SEC. 6. REPORTS. 5 (a) IN GENERAL.—Not later than 1 year after the 6 date of the enactment of this Act, and annually for each 7 of the 4 succeeding fiscal years, the Secretary, in consulta- 8 tion with the Committee, shall submit a report to the Com- 9 mittee on Resources of the House of Representatives and 10 the Committee on Indian Affairs of the Senate. 11 (b) CONTENTS.—Each report submitted under this 12 section shall include the following: 13 (1) A summary of the activities conducted by 14 the Secretary, including those conducted by the 15 Committee, to carry out this Act. 16 (2) Any recommendations for legislation that 17 the Secretary, in consultation with the Committee, 18 determines to be necessary to carry out this Act. 19 SEC. 7. DEFINITIONS. 20 For purposes of this Act: 21 (1) The term ‘‘Committee’’ means the Com- 22 mittee on Indian Relations established under section 23 4. 24 (2) The term ‘‘school’’ means— 25 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 8 •HR 3789 IH (A) an elementary school or a secondary 1 school (as such terms are defined in section 2 9101 of the Elementary and Secondary Edu- 3 cation Act of 1965 (20 U.S.C. 7801)); or 4 (B) an institution of higher education (as 5 such term is defined in section 101(a) of the 6 Higher Education Act of 1965 (20 U.S.C. 7 1001(a))). 8 (3) The term ‘‘Indian school’’ means a school 9 that is operated by— 10 (A) the Bureau of Indian Affairs; or 11 (B) an Indian tribe, or an organization 12 controlled or sanctioned by an Indian tribal 13 government, for the children of that tribe under 14 a contract with, or grant from, the Department 15 of the Interior under the Indian Self-Deter- 16 mination Act or the Tribally Controlled Schools 17 Act of 1988. 18 (4) The term ‘‘Indian tribe’’ has the meaning 19 given to that term in section 4(e) of the Indian Self- 20 Determination and Education Assistance Act (25 21 U.S.C. 450b(e)). 22 (5) The term ‘‘Secretary’’ means the Secretary 23 of Education. 24 VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS 9 •HR 3789 IH SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 1 There are authorized to be appropriated such sums 2 as may be necessary to carry out this Act, to remain avail- 3 able until expended, for each of fiscal years 2022 through 4 2026. Such authorization of appropriations shall be in ad- 5 dition to any other authorization of appropriations for In- 6 dian education. 7 Æ VerDate Sep 11 2014 17:18 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3789.IH H3789 lotter on DSK11XQN23PROD with BILLS