[Congressional Record Volume 142, Number 112 (Friday, July 26, 1996)]
[House]
[Pages H8598-H8599]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 123

                       Offered By: Mr. Cunningham

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``English Language Empowerment 
     Act of 1996''.
                 TITLE I--ENGLISH LANGUAGE EMPOWERMENT

     SEC. 101. FINDINGS.

       The Congress finds and declares the following:
       (1) The United States is comprised of individuals and 
     groups from diverse ethnic, cultural, and linguistic 
     backgrounds.
       (2) The United States has benefited and continues to 
     benefit from this rich diversity.
       (3) Throughout the history of the United States, the common 
     thread binding individuals of differing backgrounds has been 
     a common language.
       (4) In order to preserve unity in diversity, and to prevent 
     division along linguistic lines, the Federal Government 
     should maintain a language common to all people.
       (5) English has historically been the common language and 
     the language of opportunity in the United States.
       (6) The purpose of this title is to help immigrants better 
     assimilate and take full advantage of economic and 
     occupational opportunities in the United States.
       (7) By learning the English language, immigrants will be 
     empowered with the language skills and literacy necessary to 
     become responsible citizens and productive workers in the 
     United States.
       (8) The use of a single common language in conducting 
     official business of the Federal Government will promote 
     efficiency and fairness to all people.
       (9) English should be recognized in law as the language of 
     official business of the Federal Government.
       (10) Any monetary savings derived from the enactment of 
     this title should be used for the teaching of the English 
     language to non-English speaking immigrants.

     SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL 
                   GOVERNMENT.

       (a) In General.--Title 4, United States Code, is amended by 
     adding at the end the following new chapter:

            ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT

``Sec.
``161. Declaration of official language of Federal Government
``162. Preserving and enhancing the role of the official language
``163. Official Federal Government activities in English
``164. Standing
``165. Reform of naturalization requirements
``166. Application
``167. Rule of construction
``168. Affirmation of constitutional protections
``169. Definitions

[[Page H8599]]

     ``Sec. 161. Declaration of official language of Federal 
       Government

       ``The official language of the Federal Government is 
     English.

     ``Sec. 162. Preserving and enhancing the role of the official 
       language

       ``Representatives of the Federal Government shall have an 
     affirmative obligation to preserve and enhance the role of 
     English as the official language of the Federal Government. 
     Such obligation shall include encouraging greater 
     opportunities for individuals to learn the English language.

     ``Sec. 163. Official Federal Government activities in English

       ``(a) Conduct of Business.--Representatives of the Federal 
     Government shall conduct its official business in English.
       ``(b) Denial of Services.--No person shall be denied 
     services, assistance, or facilities, directly or indirectly 
     provided by the Federal Government solely because the person 
     communicates in English.
       ``(c) Entitlement.--Every person in the United States is 
     entitled--
       ``(1) to communicate with representatives of the Federal 
     Government in English;
       ``(2) to receive information from or contribute information 
     to the Federal Government in English; and
       ``(3) to be informed of or be subject to official orders in 
     English.

     ``Sec. 164. Standing

       ``A person injured by a violation of this chapter may in a 
     civil action (including an action under chapter 151 of title 
     28) obtain appropriate relief.

     ``Sec. 165. Reform of naturalization requirements

       ``(a) Fluency.--It has been the longstanding 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 society in 
     the United States.
       ``(b) Ceremonies.--All authorized officials shall conduct 
     all naturalization ceremonies entirely in English.

     ``Sec. 166. Application

       ``Except as otherwise provided in this chapter, the 
     provisions of this chapter shall supersede any existing 
     Federal law that contravenes such provisions (such as by 
     requiring the use of a language other than English for 
     official business of the Federal Government).

     ``Sec. 167. Rule of construction

       ``Nothing in this chapter shall be construed--
       ``(1) to prohibit a Member of Congress or an employee or 
     official of the Federal Government, while performing official 
     business, from communicating orally with another person in a 
     language other than English;
       ``(2) to discriminate against or restrict the rights of any 
     individual in the country; and
       ``(3) to discourage or prevent the use of languages other 
     than English in any nonofficial capacity.

     ``Sec. 168. Affirmation of constitutional protections

       ``Nothing in this chapter shall be construed to be 
     inconsistent with the Constitution of the United States.

     ``Sec. 169. Definitions

       ``For purposes of this chapter:
       ``(1) Federal government.--The term `Federal Government' 
     means all branches of the national Government and all 
     employees and officials of the national Government while 
     performing official business.
       ``(2) Official business.--The term `official business' 
     means governmental actions, documents, or policies which are 
     enforceable with the full weight and authority of the Federal 
     Government, and includes publications, income tax forms, and 
     informational materials, but does not include--
       ``(A) teaching of languages;
       ``(B) actions, documents, or policies necessary for--
       ``(i) national security issues; or
       ``(ii) international relations, trade, or commerce;
       ``(C) actions or documents that protect the public health 
     and safety;
       ``(D) actions or documents that facilitate the activities 
     of the Bureau of the Census in compiling any census of 
     population;
       ``(E) actions, documents, or policies that are not 
     enforceable in the United States;
       ``(F) actions that protect the rights of victims of crimes 
     or criminal defendants;
       ``(G) actions in which the United States has initiated a 
     civil lawsuit; or
       ``(H) documents that utilize terms of art or phrases from 
     languages other than English.
       ``(3) United states.--The term `United States' means the 
     several States and the District of Columbia.''.
       (b) Conforming 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 Federal Government......................161''.....

     SEC. 103. PREEMPTION.

       This title (and the amendments made by this title) shall 
     not preempt any law of any State.

     SEC. 104. EFFECTIVE DATE.

       The amendments made by section 102 shall take effect on the 
     date that is 180 days after the date of enactment of this 
     Act.
           TITLE II--REPEAL OF BILINGUAL VOTING REQUIREMENTS

     SEC. 201. REPEAL OF BILINGUAL VOTING REQUIREMENTS.

       (a) Bilingual Election Requirements.--Section 203 of the 
     Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
       (b) Voting Rights.--Section 4 of the Voting Rights Act of 
     1965 (42 U.S.C. 1973b) is amended by striking subsection (f).

     SEC. 202. CONFORMING AMENDMENTS.

       (a) References to Section 203.--The Voting Rights Act of 
     1965 (42 U.S.C. 1973 et seq.) is amended--
       (1) in section 204, by striking ``or 203,''; and
       (2) in section 205, by striking ``, 202, or 203'' and 
     inserting ``or 202''.
       (b) References to Section 4.-- The Voting Rights Act of 
     1965 (42 U.S.C. 1973 et seq.) is amended--
       (1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13, 
     by striking ``, or in contravention of the guarantees set 
     forth in section 4(f)(2)'';
       (2) in paragraphs (1)(A) and (3) of section 4(a), by 
     striking ``or (in the case of a State or subdivision seeking 
     a declaratory judgment under the second sentence of this 
     subsection) in contravention of the guarantees of subsection 
     (f)(2)'';
       (3) in paragraph (1)(B) of section 4(a), by striking ``or 
     (in the case of a State or subdivision seeking a declaratory 
     judgment under the second sentence of this subsection) that 
     denials or abridgements of the right to vote in contravention 
     of the guarantees of subsection (f)(2) have occurred anywhere 
     in the territory of such State or subdivision''; and
       (4) in paragraph (5) of section 4(a), by striking ``or (in 
     the case of a State or subdivision which sought a declaratory 
     judgment under the second sentence of this subsection) that 
     denials or abridgements of the right to vote in contravention 
     of the guarantees of subsection (f)(2) have occurred anywhere 
     in the territory of such State or subdivision''.

                               H.R. 2391

                        Offered By: Ms. McKinney

       Amendment No. 2: Page 2, insert after the period in line 15 
     the following: ``An employer which provides compensatory time 
     shall provide that an employee may use the compensatory time 
     within 7 days of the date on which the employee earned 
     overtime compensation.''.

                               H.R. 2391

                        Offered By: Ms. McKinney

       Amendment No. 3: Page 4, line 22, strike ``240'' and insert 
     ``222''.
       Page 5, line 23, strike ``480'' and insert ``444''.
       Page 6, line 1, strike ``240'' and insert ``222''.
       Page 6, line 3, strike ``480 or 240'' and insert ``444 or 
     222''.
       Page 8, insert after line 15 the following:

     SEC. 4. OVERTIME.

       (a) Amendment.--Section 7(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 207(a)(1)) is amended by striking 
     ``forty'' and inserting ``thirty-seven''.
       (b) Revisions.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Labor shall 
     report to the Committee on Economic and Educational 
     Opportunities of the House of Representatives the revisions 
     required to be made in the employment hours specified in 
     section 7 of the Fair Labor Standards Act of 1938 to conform 
     to the amendment made by subsection (a).

                               H.R. 2391

                        Offered By: Ms. McKinney

       Amendment No. 4: Page 8, insert after line 15 the 
     following:

     SEC. 4. VOLUNTARY OVERTIME.

       Section 7(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 207(a)(1)) is amended by striking the period at the 
     end and inserting the following: ``and such employee has 
     agreed to be employed in excess of such hours. No other 
     provision of this subsection may be construed to authorize 
     the employment of employees for a workweek longer than 40 
     hours unless such employees have agreed to such 
     employment.''.