The amendment is neutrally worded. It does not single out New York in so many words. It applies to any State in which an English language literacy test discriminates against persons educated in Americanflag schools in which the main classroom language was other than English. If. for instance. Hawaiis literacy test were not available in both English and Hawaiian. as it so wisely is. the amendment might well have had some application in that State. Because the amendment is neutral in its wording. it was necessary to find a level of educational achievement which correlates generally with the existence of literacy. Administration bills in recent years relating to proof of literacy have. supported by various studies. used the 6th grade as the benchmark. and I have therefore used that standard in my amendment. I am convinced that Congress should act to right the discrimination created by the law of New York State. I do. of course. hope that the State will end the discrimination of its own accord in the present legislative session by making its literacy test available on a bilingual basis as Hawaii does. or by some other approach. but even if it does act. it will take some time before the action can be effective. The literacy test provision is in the State constitution. and changes in that document must pass two successive sessions of the State legislatures and then be submitted to the people as well. Therefore. even if it were certain that New York State will change its literacy test this year. there would still be ample reason for the Congress to act now to get immediate relief for the thousands of disenfranchised Puerto Ricans in New York. I hope the Judiciary Committee will adopt my amendment and incorporate it in S. 1564.
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literacy test