BILL ANALYSIS �
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THIRD READING
Bill No: SJR 23
Author: Huff (R) and de L�on (D), et al.
Amended: 5/22/14
Vote: 21
SUBJECT : Chinese Exclusion Laws: apology
SOURCE : Chinese American Citizens Alliance Greater San
Gabriel Valley
Lodge
DIGEST : This resolution requests Congress to adopt
resolutions of apology to the Chinese American community for the
enactment of the Chinese Exclusion Laws.
Senate Floor Amendments of 5/22/14 strike the language of SJR 23
and re-write the resolution.
ANALYSIS : This resolution makes the following legislative
findings:
1. The many contributions of Chinese Americans, both past and
present, should be acknowledged and celebrated.
2. From the late 19th century, Congress enacted adverse laws
specifically targeting Chinese people on the basis of race,
most notably the Chinese Exclusion Act of 1882.
3. During this period, growth in the Chinese population,
combined with economic regression led to pervasive
anti-Chinese sentiments, especially in California and the
CONTINUED
SJR 23
Page
2
American West.
4. California lobbied Congress for years to strictly prohibit
immigration from China, and in 1882, was successful in
convincing Congress to enact the Chinese Exclusion Act, the
first federal law ever passed excluding a group of
immigrants solely on the basis of race or nationality.
5. The Chinese Exclusion Act, which originally expired in
1892, was extended by Congress for 10 years in the form of
the Geary Act and made permanent in 1902. It remained in
effect until it was repealed in 1943 as a result of the
alliance forged between China and the United States during
World War II. The Chinese were once again allowed to
immigrate to the United States, and shortly thereafter
California's Angel Island ceased to be used as a detainment
center for Chinese immigrants.
6. In 2011, by unanimous consent, the United States Senate
passed Senate Resolution 201 (S. Res. 201), expressing
regret for the passage of the Chinese Exclusion Act of 1882
and other legislation that discriminated against people of
Chinese origin in the United States.
7. In 2012, the United States House of Representatives
unanimously passed House Resolution 683 (H. Res. 683),
expressing regret for passage of the Chinese Exclusion Act
of 1882 and other legislation that discriminated against
people of Chinese origin in the United States.
8. Congress has never afforded a formal apology for the
legalized governmental mistreatment marked by the Chinese
Exclusion Act.
9. There are important distinctions between an expression of
regret and an apology. An expression of regret conveys
sorrow for hardship or suffering, while an apology
acknowledges culpability for actions contributing to that
hardship or suffering.
10. It is important that the United States Congress make a
formal and sincere apology for the enactment of the
discriminatory laws that adversely affected Chinese
Americans.
SJR 23
Page
3
This resolution requests Congress to adopt resolutions of
apology to the Chinese American community for the enactment of
the Chinese Exclusion Laws.
Prior Legislation
SJR 26 (de Le�n, Hernandez, Lara, Torres) which is currently on
the Third Reading file, acknowledges the history of the Chinese
in California, recognizes the contributions made to the State of
California by Chinese Americans and Chinese immigrants, makes a
legislative apology for past discriminatory laws and
constitutional provisions that resulted in the persecution of
Chinese living in California, and requests Congress to adopt
resolutions of apology to the Chinese American community for the
enactment of the federal Chinese Exclusion Laws.
ACR 42 (Fong and de Le�n, Resolution Chapter 79, Statutes of
2009) expressed the Legislature's regret for enactment of past
discriminatory laws and constitutional provisions which resulted
in the persecution of Chinese living in California, and affirmed
its commitment to preserving the rights of all people and
celebrated the contributions that all immigrants have made to
the state and nation. Most of the language from ACR 42 is
identical to SJR 23. Unlike ACR 42 though, SJR 23 excludes
language relating to individual contributions of specific
Californians who are Chinese or of Chinese descent, and
apologizes, rather than expresses regret, for the state's
treatment of Chinese Americans and Chinese immigrants.
SR 201 (Senator Dianne Feinstein, et al., 2011) stated that the
Senate acknowledged that the framework of anti-Chinese
legislation, including the Chinese Exclusion Act, is
incompatible with the basic founding principles of equality
recognized in the Declaration of Independence and that it
regretted passing six decades of legislation targeting the
Chinese people for physical and political exclusion.
HR 683 (Rep. Judy Chu, 2012), expressed regret for the passage
of legislation that adversely affected people of Chinese origin
in the United States because of their ethnicity. It also
enumerated House of Representatives passed legislation and other
government policies that adversely affected Chinese persons in
the United States.
SJR 23
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4
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/3/14)
Chinese American Citizens Alliance - Greater San Gabriel Valley
Lodge (source)
All America Chinese Youth Federation
American and Chinese World War II Memorial Monument Association
Association for Preserving Historical Accuracy of Foreign
Invasions in China
Chew Lun Association
Chinese Consolidated Benevolent Association of San Diego
Confucius Institute at San Diego State University
County of Los Angeles
Joint Chinese University Alumni Association of Southern
California
San Diego Chinese American Association
AL:nl:d 6/3/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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