[House Report 104-734]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-734
_______________________________________________________________________


 
   PROVIDING FOR THE CONSIDERATION OF H.R. 123, THE ENGLISH LANGUAGE 
                        EMPOWERMENT ACT OF 1996

                                _______
                                

   July 31, 1996.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 499]

    The Committee on Rules, having had under consideration 
House Resolution 499, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 123, 
the ``English Language Empowerment Act of 1996'' under a 
modified closed rule. The rule waives points of order against 
consideration of the bill for failure to comply with clause 
2(l)(6) of rule XI (three day availability of committee 
reports).
    The rule provides one hour of general debate equally 
divided between the chairman and ranking minority member of the 
Economic and Education Opportunities Committee. The rule 
further makes in order for the purpose of amendment an 
amendment in the nature of a substitute consisting of the text 
of H.R. 3898. The rule waives points of order against the 
amendment in the nature of a substitute for failure to comply 
with clause 7 of rule XVI (relating to germaneness).
    The rule also provides for the consideration of the 
amendments printed in this report on the rule only in the order 
specified; if offered by the Member designated in the report; 
debatable for the time specified in the report, equally divided 
and controlled by the proponent and an opponent; and which 
shall not be subject to amendment or a division of the question 
in the House or the Committee on the Whole. All points of order 
against the amendments printed in the report are waived. The 
rule also authorizes the Chair to postpone and cluster votes on 
amendments.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

    summary of amendments made in order by the rule for the english 
                  language empowerment act (h.r. 123)

    1. Cunningham--Clarifies that the bill does not affect 
Native American languages or the Individuals with Disabilities 
Act. Clarifies that the terms of art and phrases from foreign 
languages are permissible. The limitation to ``documents'' only 
is removed so that things other than documents are permissible 
in foreign languages (e.g., ``E Pluribus Unum'' on coins). (10 
minutes)
    2. Gutierrez--Would permit Members of Congress to 
communicate orally and in writing with their constituents in a 
language other than English while performing official business. 
(20 minutes)
    3. Scott--Exempts the actions and documents that facilitate 
law enforcement efforts from the English-only provisions. (20 
minutes)
    4. Serrano--Allows persons not fluent in English the 
option, on initial assignment in the Armed Forces, of refusing 
assignment to a combat unit. (20 minutes)
    5. Serrano--(An Amendment in the Nature of a Substitute) 
Sense of Congress that the U.S. Government should pursue 
policies that: (1) encourage all residents of this country to 
become fully proficient in English; (2) conserve and develop 
the Nation's linguistic resources by encouraging all residents 
to learn or maintain skills in a language other than English; 
(3) assist Native Americans, Native Alaskans, Native Hawaiians, 
and other peoples indigenous to the United States; (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 
national interests and individual rights, and oppose 
restrictionist language measures. (60 minutes)

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below.

Rules Committee Rollcall No. 325

    Date: July 31, 1996.
    Measure: Rule for consideration of H.R. 123, the English 
Language Empowerment Act of 1996.
    Motion by: Mr. Moakley.
    Summary of motion: Make in order an amendment by Rep. 
Rangel to provide access to English training for all who seek 
it.
    Results: Rejected, 3 to 6.
    Vote by Members: Dreier--Nay; Linder--Nay; Pryce--Nay; 
Diaz-Balart--Yea; McInnis--Nay; Greene--Nay; Moakley--Yea; 
Frost--Yea; Solomon--Nay.

Rules Committee Rollcall No. 326

    Date: July 31, 1996.
    Measure: Rule for consideration of H.R. 123, the English 
Language Empowerment Act of 1996.
    Motion by: Mr. Moakley.
    Summary of motion: Make in order the amendment by Reps. 
Conyers, Frank (MA), and Becerra to strike from the bill the 
repeal of the bilingual election requirements of the Voting 
Rights Act of 1965 and ensures that no other section of the 
bill eliminates bilingual election requirements.
    Results: Rejected, 4 to 5.
    Vote by Members: Dreier--Nay; Linder--Nay; Pryce--Yea; 
Diaz-Balart--Yea; McInnis--Nay; Greene--Nay; Moakley--Yea; 
Frost--Yea; Solomon--Nay.

                  amendments made in order by the rule

     1. An Amendment To Be Offered by Representative Cunningham of 
          California or His Designee, Debatable for 10 Minutes

    Page 6, after line 5, insert the following (and redesignate 
any subsequent paragraphs accordingly):
          ``(2) to limit the preservation or use of Native 
        American languages;''.
    Page 7, after line 3, insert the following (and redesignate 
any subsequent subparagraphs accordingly):
                  ``(B) requirements under the Individuals with 
                Disabilities Education Act;''.
    Page 7, line 20, strike ``documents that utilize'' and 
insert ``using''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Gutierrez of Illinois 
                or a Designee, Debatable for 20 Minutes

    Page 6, line 1, strike ``a Member of Congress or''.
    Page 7, line 19, strike ``or''.
    Page 7, line 21, strike the period and insert ``; or''.
    Page 7, after line 21, insert the following:
                  ``(1) an oral or written communication by a 
                Member of Congress or the staff of such 
                Member.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Scott of Virginia or a 
                   Designee, Debatable for 20 Minutes

    Page 7, after line 10, insert the following (and 
redesignate any subsequent subparagraphs accordingly):
                  ``(D) actions or documents that facilitate 
                law enforcement efforts;''.
                              ----------                              


4. An Amendment To Be Offered by Representative Serrano of New York or 
                  a Designee, Debatable for 20 Minutes

    Page 8, before line 4, insert the following new section:

SEC. 103 PROHIBITION AGAINST COMBAT DUTY FOR MEMBERS OF THE ARMED 
                    FORCES NOT FLUENT IN ENGLISH.

    A member of the Armed Forces who is not fluent in the 
English language in accordance with section 165(a) may not be 
assigned to combat duty.
                              ----------                              


5. An Amendment To Be Offered by Representative Serrano of New York or 
                  a Designee, Debatable for 60 Minutes

    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``English Plus Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
          (1) 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.
          (2) Many residents of the United States speak native 
        languages other than English, including many languages 
        indigenous to this country, and these linguistic 
        resources need to be conserved and developed.
          (3) 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.
          (4) 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.
          (5) Multilingualism improves United States diplomatic 
        efforts by fostering enhanced communication and greater 
        understanding between nations.
          (6) 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.
          (7) Multilingualism promotes greater cross-cultural 
        understanding between different racial and ethnic 
        groups in the United States.
          (8) There is no threat to the status of English in 
        the United States, a language that is spoken by 97 
        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.
          (9) ``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.
          (10) 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 languages as well as 
        to those born with English on the tongue.''.

SEC. 3. GOVERNMENT POLICIES.

    The United States Government should pursue policies that 
promote English as the common language of the United States and 
that--
          (1) encourage all residents of this country to become 
        fully proficient in English by expanding educational 
        opportunities and informational resources;
          (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) respect the treaties with and the customs of 
        Native Americans, Native Alaskans, Native Hawaiians, 
        and other peoples indigenous to the United States and 
        its territories;
          (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 restrictionist language measures.