[Congressional Record (Bound Edition), Volume 159 (2013), Part 6]
[House]
[Pages 8302-8305]
[From the U.S. Government Publishing Office, www.gpo.gov]




 CHANGE THE NAME OF THE NATIONAL FOOTBALL LEAGUE'S WASHINGTON FOOTBALL 
                               FRANCHISE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
American Samoa (Mr. Faleomavaega) for 5 minutes.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to decry the disparaging 
name of the National Football League's Washington, D.C., franchise, the 
Redskins, which I will refer to as the ``R-word.'' For decades, Native 
American leaders and organizations have advocated for an end to the use 
of

[[Page 8303]]

the ``R-word'' as the Washington franchise's ``brand'' because it is 
derogatory, it is demeaning, and patently offensive.
  Recently, 10 of our colleagues explained the violent history and 
disparaging nature of the ``R-word'' in a letter to Mr. Roger Goodell, 
commissioner of the NFL. In what can only be deemed as an insensitive 
and ignorant response, Mr. Goodell justifies the Washington franchise's 
name by claiming that neither the intent nor the use of the name was 
ever meant to denigrate American Indians. Then, in a dismissive manner, 
Mr. Goodell further declares that the ``R-word'' has a positive meaning 
and represents many positive attributes.
  Mr. Speaker, I join my colleague, the gentlewoman from Minnesota, a 
cochair of the Congressional Native American Caucus, Congresswoman 
Betty McCollum, who states that Mr. Goodell's letter ``is another 
attempt to justify a racial slur on behalf of Mr. Dan Snyder,'' owner 
of the Washington franchise, ``and other NFL owners who appear to be 
only concerned with earning ever-larger profits, even if it means 
exploiting a racist stereotype of Native Americans. For the head of a 
multibillion-dollar sports league to embrace the twisted logic that 
`Redskin' actually stands for strength, courage, pride and respect is a 
statement of absurdity,'' and a total lack of appreciation of the 
culture of the Native American community.
  I also join, Mr. Speaker, my colleague, the gentleman from Oklahoma, 
the cochair of the Congressional Native American Caucus, my dear friend 
and colleague, a member of the Chickasaw Nation of Oklahoma, 
Congressman Tom Cole, when he says:

       This is the 21st century. This is the capital of political 
     correctness on the planet. It is very, very, very offensive. 
     This isn't like warriors or chiefs. It's not a term of 
     respect, and it's needlessly offensive to a large part of our 
     population. They just don't happen to live around Washington, 
     D.C.

  I also join, Mr. Speaker, my colleague, the gentlewoman from the 
District of Columbia, Representative Eleanor Holmes Norton, who states 
that Mr. Snyder ``is a man who has shown sensibilities based on his own 
ethnic identity, yet who refuses to recognize the sensibilities of 
American Indians.''
  And I could not agree more, Mr. Speaker, with the gentlelady from the 
District of Columbia that Mr. Snyder, more than any of the owners of 
these NFL clubs, needs to show greater sensitivity towards our Native 
American community. In fact, I commend Mr. Snyder for building the 
third most expensive football franchise within the NFL, at well over 
$1.6 billion, as part of our free and open market system in the field 
of sports.
  But, Mr. Speaker, why are we allowing this to be done on the sweat, 
the tears, and the suffering of Native American Indians?
  Recently, in an interview in the USA Today newspaper, Mr. Snyder 
defiantly stated, ``We'll never change the name. It's that simple. 
Never. You can use caps.''
  Such arrogance is wholly inconsistent with the National Football 
League's fundamental diversity policy, which states:

       Diversity is critically important to the NFL. It is a 
     cultural and organizational imperative about dignity, 
     respect, inclusion and opportunity.

  Mr. Speaker, it is critically important that the NFL promotes its 
commitment to diversity and uphold its moral responsibility to disavow 
the uses of racial slurs. The use of the ``R-word'' is especially 
harmful to Native American youth, tending to lower their sense of 
dignity and self-esteem. It also diminishes feelings of community worth 
among Native American tribes and dampens the aspirations of their 
people.

                              {time}  1220

  Whether good intentioned or not, the ``R-word'' is a racial slur akin 
to the ``N-word'' among African Americans or the ``W-word'' among Latin 
Americans. America would not stand for a team called the ``Blackskins'' 
or the ``Yellowskins.'' Such offensive terms or words would no doubt 
draw widespread disapproval among the National Football League's fan 
base. And yet coverage by our national media and sponsors of 
Washington's football franchise profit from a term that is equally 
disparaging to Native Americans.
  Mr. Speaker, so that the public may better understand and be more 
informed, I want to share with my colleagues the history and the real 
origin of how the word ``redskin'' came about.
  Mr. Speaker, origin of the ``R-word'' as commonly attributed to the 
historical practice of trading Native American Indian skins and body 
parts as bounties and trophies. For example, in 1749, the British 
bounty on the Mi'kmaq Nation of what is now Maine and Nova Scotia, was 
a straightforward ``ten Guineas for every Indian Micmac taken or 
killed, to be paid upon producing such Savage taken or his scalp.''
  Just as devastating was the Phips Proclamation, issued in 1755 by 
Spencer Phips, Lieutenant Governor and Commander in Chief of the 
Massachusetts Bay Province, who called for the wholesale extermination 
of the Penobscot Indian Nation. The Phips Proclamation declared the 
Penobscot to be ``Enemies, Rebells, and Traitors to his Majesty King 
George the Second,'' and required those residing in the province to 
``Embrace all opportunities of pursuing, captivating, killing, and 
Destroying all and every of the aforesaid Indians.''
  By vote of the General Court of the Province, white settlers were 
paid out of the public treasury for killing and scalping the Penobscot 
people. The bounty for a male Penobscot Indian above the age of 12 was 
50 pounds, and his scalp was worth 40 pounds. The bounty for a female 
Penobscot Indian of any age and for males under the age of 12 was 25 
pounds, while their scalps were worth 20 pounds. Historical accounts 
show that these scalps were called ``redskins.''
  The current Chairman and Chief of the Penobscot Nation, Chief Kirk 
Francis, recently declared in a joint statement that the ``R-word'' is 
``not just a racial slur or a derogatory term,'' but a painful 
``reminder of one of the most gruesome acts of . . . ethnic cleansing 
ever committed against the Penobscot people.'' The hunting and killing 
of Penobscot Indians, as stated by Chief Francis, was ``a most 
despicable and disgraceful act of genocide.''
  Mr. Speaker, in an attempt to correct the long-standing usage of the 
``R-word,'' I and several Members of this House introduced the bill 
H.R. 1278, the Non-Disparagement of Native American Persons or Peoples 
in Trademark Registration Act of 2013. This bill would cancel the 
federal registrations of trademarks using the word ``redskin'' in 
reference to Native Americans. The Trademark Act of 1946--more commonly 
known as the Lanham Act--requires that the U.S. Patent and Trademark 
Office (PTO) not register any trademark that ``[c]onsists of or 
comprises . . . matter which may disparage . . . persons, living or 
dead . . . or bring them into contempt, or disrepute.'' 15 U.S.C. Sec.  
1502(a).
  Native American tribes have a treaty, trust and special relationship 
with the United States. Because of the duty of care owed to the Native 
American people by the Federal Government, it is incumbent upon us to 
ensure that the Lanham Act is strictly enforced in order to safeguard 
Indian tribes and citizens from racially disparaging federal 
trademarks.
  Accordingly, the Patent and Trademark Office has rejected 
applications submitted by the Washington franchise for trademarks which 
proposed to use the ``R-word''--three times in 1996 and once in 2002. 
The PTO denied the applications on grounds that the ``R-word'' is a 
racial slur that disparages Native Americans.
  In 1992, seven prominent Native American leaders petitioned the 
Trademark Trial and Appeal Board (TTAB) to cancel the federal 
registrations for six trademarks using the ``R-word.'' The TTAB in 1999 
ruled that the ``R-word'' may, in fact, disparage American Indians, and 
cancelled the registrations. On appeal, a federal court reversed the 
TTAB's decision, holding that the petitioners waited too long after 
coming of age to file their petition. A new group of young Native 
Americans petitioned the TTAB to cancel the registrations of the 
offending trademarks in 2006. The TTAB held a hearing on March 7, 2013. 
A final decision is pending.
  I deeply regret that there are those who out of ignorance argue that 
the ``R-word'' is not disparaging towards Native Americans. However, 
over the course of my tenure as a Congressman, as a member of the 
Subcommittee on Indian and Alaska Native Affairs, and as a member of 
the Congressional Native American Caucus, I have received an increasing 
number of calls and letters from both Native American and non-native 
individuals, tribes, and organizations who abhor this denigrating term. 
Mr. Speaker, today I stand before you to respond to the call of our 
Native American brothers

[[Page 8304]]

and sisters who plead for justice and for Congress to act by passing 
this proposed bill.
  H.R. 1278 is supported by a number of major Native American 
organizations, including the National Congress of American Indians, the 
National Indian Education Association, the Native American Indian 
Housing Council, the Native American Rights Fund, and the Native 
American Finance Officers Association, to name a few. In a recent 
letter to the cosponsors of this bill, the National Congress of 
American Indians--the oldest, largest and most representative American 
Indian and Alaska Native organization serving tribal governments and 
communities--stated that H.R. 1278 ``will accomplish what Native 
American people, nations, and organizations have tried to do in the 
courts for almost twenty years--end the racist epithet that has served 
as the [name] of Washington's pro football franchise for far too 
long.''
  Mr. Speaker, despite the Native American community's best efforts 
before administrative agencies and the courts, the ``R-word'' remains a 
federally registered trademark. It has been well over twenty years and 
this matter is still before the courts. This injustice is the result of 
negligence and a cavalier attitude demonstrated by an administrative 
agency charged with the responsibility of not allowing racist or 
derogatory terms to be registered as trademarks. Since the Federal 
Government made the mistake in registering the disparaging trademark, 
it is now up to Congress to correct it.

         [News Statement For Immediate Release--March 17, 2013]

  NARF Applauds Sponsors of Proposed Legislation To Curtail Offensive 
                         ``Redskin'' Trademark

                     (Native American Rights Fund)

       Boulder, CO.--The Native American Rights Fund (NARF) fully 
     supports introduction of a new landmark bill in the U.S. 
     House of Representatives that would amend the Trademark Act 
     of 1946 regarding the disparagement of Native Americans 
     through marks that use the term ``redskin.''
       NARF commends Rep. Faleomavaega and all the original 
     sponsors of this important bill, which sends a clear signal 
     that some members of Congress do not take anti-Native 
     stereotyping and discrimination lightly. These 
     Representatives now join Native American nations, 
     organizations and people who have lost patience with the 
     intransigence of the Washington pro football franchise in 
     holding on to the indefensible--a racial epithet masquerading 
     as a team name.
       NARF also commends all those individuals in the on-going 
     Harjo and Blackhorse proceedings in federal agencies and 
     courts for their tireless advocacy attempting in righting 
     this wrong. While these cases have yet to succeed, they have 
     provided the springboard for legislative efforts like the new 
     bill.
       For over 20 years NARF has been involved in the cases, 
     attempting to accomplish what this bill, if enacted, would 
     do. NARF represented the National Congress of American 
     Indians (NCAI), the National Indian Education Association 
     (NIEA), the National Indian Youth Council (NIYC), and the 
     Tulsa Indian Coalition Against Racism (TICAR) as amici curiae 
     in Harjo et al v. Pro Football, Inc. NARF also organized 
     amici briefs in support of the Native petition for Supreme 
     Court review, including one by a broad range of Native 
     nations and organizations, and others by law professors, 
     psychology professors and social justice advocacy groups.
       NARF NCAI, NIEA NIYC, TICAR and other major Native American 
     organizations all have raised concerns regarding race-based 
     stereotyping and behaviors in sports, particularly the 
     racially derogatory name and logo of the ``Washington 
     Redskins'' professional football organization. Such concerns 
     have been expressed through numerous communications, public 
     statements, and meetings, including a 1972 meeting with then 
     Washington Redskins president Edward Bennett Williams, after 
     which no team owner ever met with Native people opposing the 
     name.
       The U.S. Patent and Trademark Office registered six 
     trademarks between 1967 and 1990 that consist of racially 
     derogatory and disparaging material, which opens Native 
     Americans to contempt and public ridicule in violation of 
     Section 2(a) of the Lanham Act, 15 U.S.C. Sec. 1052(a). While 
     there is enormous uplifting good in the human spirit, racism 
     is the dark side of humanity that has caused much suffering 
     among our diverse human family. Section 1052(a) wisely 
     recognizes that one basic manifestation of prejudice, 
     discrimination, or racism is the use of racially derogatory 
     names, caricatures, or stereotypes that disparage peoples and 
     persons and hold them up to contempt and ridicule; and this 
     statute safeguards citizens through the registration of such 
     trademarks.
       In ruling unanimously in the Harjo case to cancel the 
     ``Redskins'' trademarks, the PTO Trademark Trial and Appeal 
     Board (TTAB) admitted that the six existing trademark 
     licenses should not have been approved. That ruling was 
     overturned on a technicality, laches, which was interpreted 
     to mean that the plaintiffs waited too long after turning 18 
     to file suit. The current Blackhorse case is identical, 
     except that the plaintiffs filed when they were 18 to 24. In 
     a recent hearing before the PTO TTAB, the Washington 
     franchise argued that even these young plaintiffs waited too 
     long and should have filed on the day they turned 18. In 
     addition to this ongoing trademark cancelation case, Native 
     people have filed Letters of Protest with the PTO to stop new 
     requests for trademark licenses for the same disparaging 
     name.
       Should this legislation be enacted, it would provide 
     justice to the plaintiffs and protestors in these cases, 
     would free the PTO to automatically deny federal protection 
     for this disparagement, and would spare present and future 
     Native American peoples and persons from suffering public 
     humiliation and discrimination from the name of the team in 
     the nation's capitol.
       Native nations and citizens have a treaty, trust and 
     special relationship with the United States, and rely on the 
     federal government more than any other segment of society to 
     make certain that its actions do no harm. Because of the duty 
     of care owed to Indian tribes and people by the Department of 
     Commerce, it is incumbent upon them to strictly enforce the 
     provisions of 15 U.S.C. Sec. 1052(a), in order to safeguard 
     Indian tribes and citizens from racially or culturally 
     disparaging federal trademarks. They are required by law to 
     assess the issues in light of its federal Indian trust 
     relationship and associated fiduciary duties to protect 
     Indians and Indian culture from degrading federal trade ark 
     registrations. That trust relationship encompasses an 
     affirmative duty on behalf of the Department of Commerce and 
     the PTO TTAB to protect tribal culture and safeguard Native 
     Americans from racism in sports conducted under color of 
     federal law.
       Founded in 1970, the Native American Rights Fund (NARF) is 
     the oldest and largest nonprofit law firm dedicated to 
     asserting and defending the rights of Indian tribes, 
     organizations and individuals nationwide. NARF's practice is 
     concentrated in five key areas: the preservation of tribal 
     existence; the protection of tribal natural resources; the 
     promotion of Native American human rights; the accountability 
     of governments to Native Americans; and the development of 
     Indian law and educating the public about Indian rights, 
     laws, and issues.
       NCAI is the oldest and largest national intertribal 
     organization of American Indian and Alaskan tribal 
     governments and individuals. NCAI represents more than two 
     hundred fifty (250) tribes, nations, pueblos and Alaska 
     Native villages with a combined enrollment of over 1.2 
     million Native people. Indian tribal governments are the duly 
     elected or appointed political entities of Indian tribes that 
     are legally responsible for protecting the well-being of 
     their citizens. Established in 1944, NCAI provides an 
     organizational umbrella for America's Indian tribes to 
     develop and advocate tribal positions on issues of 
     fundamental importance to Indian tribes, communities and 
     peoples across the country.
       NIEA is the oldest and largest national Indian education 
     organization founded in 1969 as an educational service 
     organization to provide national advocacy and assistance for 
     its membership on issues affecting the education of Native 
     American youth. NIEA's membership consists of over 2,800 
     Native American students, educators, parents and 
     representatives of tribal governments and school boards. NIEA 
     also provides a national forum each year at its annual 
     convention for its membership as the largest convocation on 
     Indian education in the United States to focus on important 
     issues in Indian education. On behalf of its membership, NIEA 
     is deeply concerned about racism in sports and the issues 
     raised in this case. Racially derogatory terms, stereotypes 
     and caricatures promoted to millions of Americans each year 
     through professional sports can have negative impacts upon 
     Native American school children and hold them up to public 
     contempt or ridicule. In particular, NIEA is deeply concerned 
     about the impacts that negative images portrayed by 
     Registrant's ``redskins'' trademarks have upon Native 
     American school children.
       NIYC is the oldest and largest national organization 
     addressing the issues of concern to American Indian and 
     Alaska Native youth. Founded in 1961, the NIYC has been in 
     the forefront of issues involving discrimination against 
     Native Americans at the voting place, in housing, in 
     representation on school boards, in political and educational 
     districting and in employment, and has championed and 
     litigated in each of these areas. The NIYC has long been 
     concerned about discrimination against Native Americans 
     conducted under color of federal and state law. NIYC has long 
     been concerned about racism and derogatory stereotypes in 
     sports. For example, the NIYC Chapter at the University of 
     Oklahoma was responsible for the 1970 removal of the racially 
     offensive football mascot, ``Little Red.'' NIYC is deeply 
     concerned about the issues in this case as racism in sports 
     adversely effects all Native Americans, including youth.
       TICAR is a broad-based coalition founded by American 
     Indians from the 39 Indian Nations in Oklahoma. TICAR works 
     closely with Indian Nations and Native and non-Native social 
     justice, religious, civil rights, and

[[Page 8305]]

     educational organizations. TICAR was organized around the 
     issue of eliminating the ``Redskins'' name and images from 
     the public schools in Tulsa, Oklahoma, and supports similar 
     efforts statewide and nationwide, as well as efforts to end 
     the use of racial stereotypes in sports generally.
                                  ____

                                              National Congress of


                                             American Indians,

                                   Washington, DC, March 21, 2013.
     Hon. Eni Faleomavaega,
     House of Representatives,
     Washington DC.
       Dear Representative Faleomavaega: On behalf of the National 
     Congress of American Indians (NCAI), the nation's oldest and 
     largest tribal government advocacy organization in the 
     country, we applaud you for sponsoring the ``Non-
     Disparagement of Native American Persons or People in 
     Trademark Registration Act of 2013''. This legislation will 
     accomplish what Native American people, nations, and 
     organizations have tried to do in the courts for almost 
     twenty years--end the racist epithet that has served as the 
     mascot of Washington's pro football franchise for far too 
     long.
       The NCAI membership has been an active part of ending these 
     types of derogatory stereotypes for several decades. The NCAI 
     was one of many native and non-native organizations in 
     support of the original court cases on this matter, Harjo et 
     al v. Pro Football, Inc., and we support the current case, 
     Blackhorse et al v. Pro Football, Inc. to cancel existing 
     trademarks.
       We are proud of all our people who struggle for dignity and 
     fight against stereotypes, including Native and non-Native 
     students, families, teachers, and others who have worked 
     together to retire over 2,000 ``Indian'' names, logos, 
     mascots, and behaviors in schools across the land. The use of 
     Native Peoples as mascots is offensive and unjustifiable. We 
     will continue to call for an end to this practice until the 
     remaining stereotypes are gone from the American landscape.
       Thank you and your co-sponsors for your leadership and 
     courage in introducing this important legislation. If you 
     have any questions regarding this matter, please contact me 
     or the NCAI Deputy Director, Robert Holden, at the National 
     Congress of American Indians.
           Respectfully,
                                                   Jefferson Keel,
     President.

                          ____________________