Date: Fri, 15 Sep 1995 08:17:52 -0600 From: Bruce Gelder Subject: EOL legislation I apologize for not letting this thread die (quite yet). On Thu, 14 Sep 1995, Donald Larmouth wrote: >I thought it might be useful to review exactly what is involved in the proposed >"English only" legislation--especially since the author of H.R. 739 is Toby >Roth, the congressman from my district here in Wisconsin. Actually, there are at least six bills before the House right now having to do directly with such legislation (including H.J. Res. 87, a constitutional amendment sponsored by Steve Stockman of Texas that requires everyone over the age of five to be able to communicate in English in order to obtain citizenship). One of the six bills (H. Con. Res. 83) opposes the establishment of an official language (while at the same time recognizing that English is the dominant language); the other five favor it. There are also bills dealing indirectly with the concept, including (for example) one that provides tax deductions to employers who pay to have English taught to their employees. The four remaining bills attempting to establish English as the official language (H.R. 123, H.R. 345, H.R. 739, and H.R. 1005) all state that they are amending title 4 of the U.S. Code (I don't know what title 4 says), and they also all state that English is to be considered the official language of government. H.R 739, the one sponsored by Congressman Roth, is typical of them; I'm including the complete text below for anyone who's interested. I'm also including the texts of the bill opposing EOL and of the proposed constitutional amendment. ----------------------------------------------- H.R. 739 104th Congress H. R. 739 As Introduced in the House Note: This document is the unofficial version of a Bill or Resolution. The printed Bill and Resolution produced by the Government Printing Office is the only official version. VERSION As Introduced in the House CONGRESS 104th CONGRESS 1st Session BILL H. R. 739 TITLE To amend title 4, United States Code, to declare English as the official language of the Government of the United States. -------------------- IN THE HOUSE OF REPRESENTATIVES JANUARY 30, 1995 Mr. Roth (for himself, Mr. Packard, Mr. Doolittle, Mr. Bartlett of Maryland, Mr. Parker, Mr. Burton of Indiana, Mr. Coble, Mr. Archer, Mr. Callahan, Mr. Bunning of Kentucky, Mr. Goodlatte, Mr. Stump, Mr. Inglis of South Carolina, Mr. Rogers, Mr. Sensenbrenner, Mr. Lipinski, Mr. Hancock, Mr. Royce, Mr. Hutchinson, Mr. Ney, Mr. Forbes, Mr. Solomon, Mr. Kingston, Mr. Rohrabacher, Mr. Oxley, and Mr. King) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities -------------------- TEXT A BILL To amend title 4, United States Code, to declare English as the official language of the Government of the United States. 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 `Declaration of Official Language Act of 1995`. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General . - Title 4, United States Code, is amended by adding at the end the following new chapter: `CHAPTER 6 - LANGUAGE OF THE GOVERNMENT `Sec. `161. Declaration of official language. `162. Preferred language of communication `163. Preserving and enhancing the role of the official language `164. Duties of citizenship. `165. Reform of naturalization requirement. `166. Exceptions. `167. Preemption. `168. Construction. `169. Enforcement. `Sec. 161. Declaration of official language `English is the official language of the Government of the United States. `Sec. 162. Preferred language of communication `English is the preferred language of communication among citizens of the United States. `Sec. 163. Preserving and enhancing the role of the official language `The Government of the United States shall promote and support the use of English for communications among United States citizens. Communications by officers and employees of the Government of the United States with United States citizens shall be in English. `Sec. 164. Duties of citizenship `All United States citizens should be encouraged to read, write, and speak English to the extent of their physical and mental abilities. `Sec. 165. Reform of naturalization requirements `(a) It has been the long-standing national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in American society. `(b) The Immigration and Naturalization Service shall - `(1) enforce the established English language proficiency standard for all applicants for United States citizenship, and `(2) conduct all naturalization ceremonies entirely in English. `Sec. 166. Exceptions `This chapter does not apply to the use of a language other than English for - `(1) religious purposes, `(2) training in foreign languages for international communication, or `(3) use of non-English terms of art in government documents. `Sec. 167. Preemption `This chapter preempts any State or Federal law which is inconsistent with this chapter. `Sec. 168. Construction `This Act is not intended to affect programs in schools designed to encourage students to learn foreign languages. `Sec. 169. Enforcement `(a) Cause of Action . - Whoever is injured by a violation of this chapter may, in a civil action, obtain appropriate relief. `(b) Attorney`s Fees . - In any action under this chapter, the court may allow a prevailing party, other than the United States, a reasonable attorney`s fee as part of costs.`. (b) Clerical Amendment . - The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: `6. Language of the Government 161`. (c) Repeals . - (1) Bilingual education . - Title VII of the Elementary and Secondary Education Act of 1965 (other than sections 7201 through 7309) is repealed. (2) Bilingual ballot . - Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. .. ----------------------------------------------- H. Con. Res. 83 (opposes EOL) 104th Congress H. CON. RES. 83 As Introduced in the House Note: This document is the unofficial version of a Bill or Resolution. The printed Bill and Resolution produced by the Government Printing Office is the only official version. VERSION As Introduced in the House CONGRESS 104th CONGRESS 1st Session BILL H. CON. RES. 83 TITLE Entitled, the `English Plus Resolution`. -------------------- IN THE HOUSE OF REPRESENTATIVES JULY 13, 1995 Mr. Serrano (for himself, Mr. Pastor, Ms. Ros-Lehtinen, Ms. Vela 1zquez, Mr. Underwood, Mr. Romero-Barcelo 1, Mr. Gutierrez, Mr. Richardson, Mr. Torres, Mr. Becerra, Ms. Roybal-Allard, Mr. Gonzalez, Mr. Ortiz, Mr. Tejeda, Mr. Menendez, Mr. Towns, Mr. Owens, Mr. Farr, Mr. McDermott, Mr. Moran, Mrs. Meek of Florida, Ms. Jackson-Lee, Mr. Fattah, Mr. Scott, Mr. Dellums, Ms. Pelosi, Mr. Miller of California, Mr. Lewis of Georgia, Mr. Nadler, Mr. Rangel, Mr. Mineta, Mrs. Mink of Hawaii, and Mr. Abercrombie) submitted the following concurrent resolution; which was referred to the Committee on Economic and Educational Opportunities -------------------- TEXT CONCURRENT RESOLUTION Entitled, the `English Plus Resolution`. Whereas English is the primary language of the United States, and all members of the society recognize the importance of English to national life and individual accomplishment; Whereas many residents of the United States speak native languages other than English, including many languages indigenous to this country, and these linguistic resources should be conserved and developed; Whereas this Nation was founded on a commitment to democratic principles, and not on racial, ethnic, or religious homogeneity, and has drawn strength from a diversity of languages and cultures and from a respect for individual liberties; Whereas multilingualism, or the ability to speak languages in addition to English, is a tremendous resource to the United States because such ability enhances American competitiveness in global markets by permitting improved communication and cross-cultural understanding between producers and suppliers, vendors and clients, and retailers and consumers; Whereas multilingualism improves United States diplomatic efforts by fostering enhanced communication and greater understanding between nations; Whereas multilingualism has historically been an essential element of national security, including the use of Native American languages in the development of coded communications during World War II, the Korean War, and the Vietnam War; Whereas multilingualism promotes greater cross-cultural understanding between different racial and ethnic groups in the United States; Whereas there is no threat to the status of English in the United States, a language that is spoken by 94 percent of United States residents, according to the 1990 United States Census, and there is no need to designate any official United States language or to adopt similar restrictionist legislation; Whereas `English-only` measures, or proposals to designate English as the sole official language of the United States, would violate traditions of cultural pluralism, divide communities along ethnic lines, jeopardize the provision of law enforcement, public health, education, and other vital services to those whose English is limited, impair government efficiency, and undercut the national interest by hindering the development of language skills needed to enhance international competitiveness and conduct diplomacy; and Whereas such `English-only` measures would represent an unwarranted Federal regulation of self-expression, abrogate constitutional rights to freedom of expression and equal protection of the laws, violate international human rights treaties to which the United States is a signatory, and contradict the spirit of the 1923 Supreme Court case Meyer v. Nebraska, wherein the Court declared that `The protection of the Constitution extends to all; to those who speak other languages as well as to those born with English on the tongue`: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That the United States Government should pursue policies that - (1) encourage all residents of this country to become fully proficient in English by expanding educational opportunities; (2) conserve and develop the Nation`s linguistic resources by encouraging all residents of this country to learn or maintain skills in a language other then English; (3) assist Native Americans, Native Alaskans, Native Hawaiians, and other peoples indigenous to the United States, in their efforts to prevent the extinction of their languages and cultures; (4) continue to provide services in languages other than English as needed to facilitate access to essential functions of government, promote public health and safety, ensure due process, promote equal educational opportunity, and protect fundamental rights; and (5) recognize the importance of multilingualism to vital American interests and individual rights, and oppose `English-only` measures and similar language restrictionist measures. .. ----------------------------------------------- H.J. Res. 87 (proposed constitutional amendment) 104th Congress H. J. RES. 87 As Introduced in the House Note: This document is the unofficial version of a Bill or Resolution. The printed Bill and Resolution produced by the Government Printing Office is the only official version. VERSION As Introduced in the House CONGRESS 104th CONGRESS 1st Session BILL H. J. RES. 87 TITLE Proposing an amendment to the Constitution of the United States regarding citizenship in the United States. -------------------- IN THE HOUSE OF REPRESENTATIVES MAY 3, 1995 Mr. Stockman (for himself, Mr. Jones, Mr. Funderburk, Mrs. Chenoweth, Mr. Burton of Indiana, and Mr. Salmon) introduced the following joint resolution; which was referred to the Committee on the Judiciary -------------------- TEXT JOINT RESOLUTION Proposing an amendment to the Constitution of the United States regarding citizenship in the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: `ARTICLE - `Section 1. Citizens of the United States shall only be persons born to a parent who is a citizen of the United States, persons born within the United States and to a parent who was lawfully present in and subject to the jurisdiction of the United States at the time of that parent`s entry into the United States, and all persons naturalized according to the laws of the United States. `Section 2. Nothing in this Constitution shall require either the Congress or the States to provide payments or services to any person who is not a citizen of the United States. `Section 3. No person shall become a naturalized citizen of the United States who is not conversant in the English language, except for persons under the age of five, and who has not sworn allegiance to the United States over and above allegiance to any other polity. `Section 4. Representatives shall be apportioned among the several States according to their respective numbers, counting only the number of citizens of each State.`. ..