Bill Digest for H.R. 856 is Misleading--There is No English Requirement for a 51st State of Puerto Rico

Actual Bill Digest as Downloaded from THOMAS on July 11, 1997

Bill Summary & Status for the 105th Congress

H.R.856

SPONSOR: Rep Young, D., (introduced 02/27/97)

DIGEST:

(AS INTRODUCED)

United States-Puerto Rico Political Status Act - Declares it is the policy of the Congress that: (1) English shall be the common language of mutual understanding in the United States, and this policy shall apply in all of the States freely admitted to the Union; and (2) if the referenda under this Act result in approval of sovereignty leading to Statehood for Puerto Rico, it is anticipated that English would become the official language of the Federal Government in Puerto Rico. Declares that Congress has the authority to expand existing English language requirements in the Commonwealth of Puerto Rico.

Requires a referendum to be held by December 31, 1998, on Puerto Rico's political status, for either: (1) retention of its present Commonwealth status; (2) full self-government through separate sovereignty leading to independence or free association; or (3) full self-government through U.S. sovereignty leading to statehood.

Requires the President to develop and submit to the Congress for approval legislation for: (1) a transition plan of at least ten years which leads to full self-government for Puerto Rico; and (2) a recommendation for the implementation of such self-government consistent with Puerto Rico's approval. Requires the transition plan, if the vote favors statehood, to include proposals and incentives to increase the opportunities of the people of Puerto Rico to learn English, including the teaching of English in public schools, fellowships, and scholarships.

Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation.

Makes funds available for the referendum, including those derived from the Federal excise tax on foreign rum. Requires the Government of Puerto Rico to make grants to the State Elections Commission of Puerto Rico for referenda held under this Act.

Rebuttal Prepared by English First

Look at the actual language requirement of this legislation. We placed some footnotes to identify real problems within it. Contrary to what is suggested above, this is not an English requirement for Puerto Rico:

(b) Official Language.--It is the policy of the Congress that English shall be the common (1) language of mutual understanding in the United States, and that this policy shall apply in all of the States duly and freely admitted to the Union.(2) The Congress recognizes that at the present time, Spanish and English are the joint official languages of Puerto Rico, and have been for nearly 100 years; that English is the official language of Federal courts (3) in Puerto Rico; that the ability to speak English is a requirement for Federal jury services; yet Spanish rather than English is currently the predominant language used by the majority of the people of Puerto Rico (4); and that Congress has the authority to expand existing English language requirements in the Commonwealth of Puerto Rico. (5) In the event that the referenda held under this Act result in approval of sovereignty leading to Statehood, it is anticipated that upon accession to Statehood, English would become the official language of the Federal (6) Government in Puerto Rico to the same extent as Federal law then (7) requires throughout the United States.(8) Congress also recognizes the significant advantage that proficiency in Spanish as well as English has bestowed on the people of Puerto Rico, and further that this will serve the best interests of both Puerto Rico and the rest of the United States in our mutual dealings in the Caribbean, Latin America, and throughout the Spanish-speaking world.

Now, let's break this section down:

(1) Opponents of official English legislation state that English is already our common language. Use of this word makes the rest of the sentence toothless. "Common" is not a synonym for "official".

(2) If there is no requirement under "Federal law" that English be spoken in any forum, there is no English requirement at all with respect to Puerto Rico. The "it is anticipated" language -- which is non-binding -- may leave us with no additional English requirements anyway -- or even a step backward toward an exclusively Spanish-speaking state. Similarly, the referendum language with respect to statehood "enables," but does not compel steps toward greater use of English. Sub-subparagraphs 4(b)(1)(C)(i) and (iii) provide the any language changes shall be "consistent with the preservation of our Nation's unity in diversity (!)" and consistent with "efficiency and fairness to all people." All of this seems to be a prescription for the status quo -- or worse.

(3) But not state courts. Unless Congress resolves this issue prior to granting statehood, Americans from the other 50 states may be tried in a foreign language. The costs of translation of court transcripts for appeals to federal court would also be unresolved.

(4) "Fully 90% of the island's 650,000 public school students lack basic English skills by the time they graduate," New York Times (National Edition), May 19, 1997 at A12.

(5) By stating that Congress could make a Commonwealth of Puerto Rico speak English, this bill repeats a claim of the Statehood Party that only statehood can guarantee the preservation of Spanish. This statement also admits that Congress has the power to determine language issues in a potential state of Puerto Rico, just as it did in the cases of Louisiana and others.

(6) This statement limits English to the federal government and does not impact a state government of Puerto Rico. What if a state agency is distributing federal funds? Or what if a state agency takes an action that is appealed to Federal court? This bill does not say.

(7) This word means that should the Congress make English America's official language after Puerto Rico becomes a state, the law would not apply to Puerto Rico.

(8) There is no federal official English law. This bill would also require the 22 states with official English laws to do business in Spanish with the government of a state of Puerto Rico.

In short, this bill does nothing to see to it that in the years after statehood, any Puerto Rican learns our common tongue.

If we had a strong official language law on the books--like an English language amendment to the Constitution--Puerto Rico statehood would not be as much of a problem on the language front. Other problems would remain, but they are not the concern of English First members.

If Puerto Rico is made a state prior to the passage of an official English law, it could opt out (if not prevent the passage of such a law with its seven Congressmen and two Senators). A 51st state of Puerto Rico would be America's very own Quebec.

--issued July 11, 1997