PlainBillCongress, translated.Legislation. Context. Public interest.Received in the Senate and read twice and referred to the Committee on Labor and Human Resources.
Congressional Research Service
Version 36 · Passed House amended · Sep 10, 1998
English Language Fluency Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a program to help children and youth learn English under title VII. Changes the name of title VII from Bilingual Education, Language Enhancement, and Language Acquisition Programs to English Language Fluency and Foreign Language Acquisition Programs. (Sec. 1) Requires that parents be given: (1) notification of a child's identification as needing English language instruction; (2) the right to consent, or not, to the child's participation in such program; and (3) program information and notice of opportunities for regular meetings to formulate and get responses to their recommendations. Authorizes appropriations. Directs the Secretary of Education to reserve a specified portion of such appropriations for specified entities serving Native American, Alaska Native, Native Hawaiian, or Native American Pacific Islander children and youth at elementary, secondary, and postsecondary school levels. Directs the Secretary to make English language acquisition formula grants to States for: (1) subgrants to eligible entities to provide assistance to children and youth who are English language learners, as well as immigrant children and youth; (2) professional development and personnel certification, technical assistance to local educational agencies (LEAs), planning, administration, and interagency coordination; and (3) bonuses to subgrantees with exceptional performance in terms of the speed with which their enrolled children and youth attain English language proficiency. Sets forth requirements for: (1) State applications; (2) subgrantee activities and evaluation measures; and (3) minimum allotments. Requires, for determinations of amounts of State allotments, use of the most recent State data on numbers of resident children and youth who are English language learners. Provides that nothing in this Act shall be construed as requiring a State or an LEA to establish or continue a program of native language instruction. Authorizes the Secretary to conduct, through the Office of Educational Research and Improvement, research to improve English language instruction for children and youth who are English language learners and immigrant children and youth. Limits such research-related activities to: (1) identification of successful models for teaching children English; and (2) distribution of research results to States for dissemination to schools with populations of students who are English language learners. Prohibits such research from focussing on any one method of instruction. (Sec. 2) Repeals authority for the Emergency Immigrant Education Program. (Sec. 3) Revises ESEA title VII administrative and reporting requirements. Provides for commingling of different ESEA funds. Repeals certain provisions relating to release time, educational technology, notification of State agencies, and continued eligibility of entities receiving funds. (Sec. 4) Directs the Secretary to issue regulations under ESEA title VII only to the extent necessary to ensure compliance with such title's specific requirements. Declares that nothing under ESEA title VII shall be construed to negate or supersede the legal authority under State law of State agencies, State entities, or State public officials over programs that are under their jurisdiction. Voids any compliance agreement with either the Department of Health, Education, and Welfare or the Department of Education that requires a State, locality, or LEA to develop, implement, provide, or maintain any form of bilingual education. Directs the Secretary to: (1) publish notice of proposed rulemaking with respect to enforcement guidelines and compliance standards of the Office of Civil Rights of the Department of Education that apply to a program or activity to provide English language instruction to English language learners undertaken by a State, locality, or LEA; (2) undertake such rulemaking; and (3) promulgate a final rule after opportunity for an agency hearing. Prohibits the Secretary from entering into any compliance agreement after the enactment of this Act pursuant to such a guideline or standard until promulgation of such final rule. Provides that nothing in this Act shall be construed to limit the preservation or use of Native American languages as defined in the Native American Languages Act or Alaska Native languages. (Sec. 5) Amends the Department of Education Organization Act to rename the Office of Bilingual Education and Minority Languages Affairs as the Office of English Language Acquisition.
People & committees
Rep. Riggs, Frank [R-CA-1] · R–CA
Legislative record
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Received in the Senate and read twice and referred to the Committee on Labor and Human Resources.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3892.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 221 - 189 (Roll No. 424).
House roll call 424 · Individual votesPassed/agreed to in House: On passage Passed by recorded vote: 221 - 189 (Roll No. 424).
House roll call 424 · Individual votesThe House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3892.
UNFINISHED BUSINESS - The Chair announced that the unfinished business of the Committee was the postponed proceedings on the amendments debated earlier and that votes on the amendments will occur in the following order: The Martinez amendment to the Riggs amendment followed by the Riggs amendment, if a recorded vote is ordered.
POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the Martinez amendment to the Riggs amendment by voice vote and announced that the ayes had prevailed. Mr. Riggs demanded a recorded vote. Pursuant to the provisions of H. Res. 516, the Chair postponed further proceedings on the Martinez amendment to the Riggs amendment.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Ray LaHood to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 516 and Rule XXIII.
Rule provides for consideration of H.R. 3892.
Considered under the provisions of rule H. Res. 516. (consideration: CR H7529-7554)
Rule H. Res. 516 passed House.
Rules Committee Resolution H. Res. 516 Reported to House. Rule provides for consideration of H.R. 3892.
Placed on the Union Calendar, Calendar No. 329.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 105-587.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 105-587.
Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 17.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 10 - 5.
Subcommittee Consideration and Mark-up Session Held.
Referred to the Subcommittee on Early Childhood, Youth and Families.
Referred to the House Committee on Education and the Workforce.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Jul 21, 2025. Consult Congress.gov for the current record.
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