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Support H.R. 768, to Rescind Executive Order 13166, the "Multilingual Mandate" Executive Order 13166 says that the failure
of any entity or government agency which receives federal funds to provide
services in languages other than English is likely to constitute prohibited
"discrimination on the basis of national origin" under Title VI of the
1964 Civil Rights law. Signed by President Clinton on August 11, 2000,
the order directs all federal agencies to draft plans to "improve access
to federally conducted or federally assisted programs for persons who,
as a result of national origin, are limited in their English proficiency."
H.R. 768 would repeal this executive order. ProEnglish
believes that the executive order must be rescinded for the following
reasons: It uses power that was never delegated by Congress and has been repeatedly denied to the Executive Branch by the courts. When Congress wrote the 1964 Civil Rights Law, language was never considered a basis for determining discrimination. It is self-evident that a person's national origin, which cannot be changed, is not the same as the language someone speaks. Numerous court decisions have rejected attempts to equate language used with discrimination. The order is another huge un-funded federal mandate . The order directs federal funds recipients to pay for the enormous cost of providing translation and interpreter services from their own funds. There is no federal reimbursement. It covers tens of thousands of state and local government agencies as well as government contractors. It affects schools, libraries, hospitals, unemployment offices, fire and police departments, public health clinics, and countless private agencies that receive direct or indirect support from the federal government. The order says that compliance is not limited to written translations, meaning that oral interpreter services have to be made available unless there were compelling reasons not to do so. This means hiring tens of thousands of additional employees as translators and interpreters. The order's cost to taxpayers at all levels of government could easily total tens of billions of dollars. The
order has an enormous impact.
Although it states that it "does not create any new rights or benefits,"
the order's redefinition of "national origins discrimination" as equivalent
to language will have an enormous impact. The executive order is
already being implemented in the health-care field. The American
Medical Association (AMA) warns that the executive order could create
serious access problems, even for people with limited English proficiency.
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