IIA

104TH CONGRESS

2D SESSION H.R. 123

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1996

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend title 4, United States Code, to declare English

as the official language of the Government of the United

States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Bill Emerson English

3 Language Empowerment Act of 1996’’.

4 TITLE I—ENGLISH LANGUAGE

5 EMPOWERMENT

6 SEC. 101. FINDINGS.

7 The Congress finds and declares the following:

8 (1) The United States is comprised of individ9 uals and groups from diverse ethnic, cultural, and

10 linguistic backgrounds.

11 (2) The United States has benefited and

12 continutes to benefit from this rich diversity.

13 (3) Throughout the history of the United

14 States, the common thread binding individuals of

15 differing backgrounds has been a common language.

16 (4) In order to preserve unity in diversity, and

17 to prevent division along linguistic lines, the Federal

18 Government should maintain a language common to

19 all people.

20 (5) English has historically been the common

21 language and the language of opportunity in the

22 United States.

23 (6) The purpose of this title is to help immi24 grants better assimilate and take full advantage of

25 economic and occupational opportunities in the Unit26 ed States.
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1 (7) By learning the English language, immi2 grants will be empowered with the language skills

3 and literacy necessary to become responsible citizens

4 and productive workers in the United States.

5 (8) The use of a single common language in

6 conducting official businesss of the Federal Govern7 ment will promote efficiency and fairness to all peo8 ple.

9 (9) English should be recognized in law as the

10 language of official business of the Federal Govern11 ment.

12 (10) Any monetary savings derived from the en13 actment of this title should be used for the teaching

14 of the English language to non-English speaking im15 migrants.

16 SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE OF FED17 ERAL GOVERNMENT.

18 (a) IN GENERAL.—Title 4, United States Code, is

19 amended by adding at the end the following new chapter:

20 ‘‘CHAPTER 6—LANGUAGE OF THE

21 FEDERAL GOVERNMENT

‘‘Sec.

‘‘161. Declaration of official language of Federal Government

‘‘162. Preserving and enhancing the role of the official language

‘‘163. Official Federal Government activities in English

‘‘164. Standing

‘‘165. Reform of naturalization requirements

‘‘166. Application

‘‘167. Rule of construction
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‘‘168. Affirmation of constitutional protections

‘‘169. Definitions

1 ‘‘§ 161. Declaration of official language of Federal

2 Government

3 ‘‘The official language of the Federal Government is

4 English.

5 ‘‘§ 162. Preserving and enhancing the role of the offi6 cial language

7 ‘‘Representatives of the Federal Government shall

8 have an affirmative obligation to preserve and enhance the

9 role of English as the official language of the Federal Gov10 ernment. Such obligation shall include encouraging great11 er opportunities for individuals to learn the English lan12 guage.

13 ‘‘§ 163. Official Federal Government activities in Eng14 lish

15 ‘‘(a) CONDUCT OF BUSINESS.—Representatives of

16 the Federal Government shall conduct its official business

17 in English.

18 ‘‘(b) DENIAL OF SERVICES.—No person shall be de19 nied services, assistance, or facilities, directly or indirectly

20 provided by the Federal Government solely because the

21 person communicates in English.

22 ‘‘(c) ENTITLEMENT.—Every person in the United

23 States is entitled—
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1 ‘‘(1) to communicate with representatives of the

2 Federal Government in English;

3 ‘‘(2) to receive information from or contribute

4 information to the Federal Government in English;

5 and

6 ‘‘(3) to be informed of or be subject to official

7 orders in English.

8 ‘‘§ 164. Standing

9 ‘‘A person injured by a violation of this chapter may

10 in a civil action (including an action under chapter 151

11 of title 28) obtain appropriate relief.

12 ‘‘§ 165. Reform of naturalization requirements

13 ‘‘(a) FLUENCY.—It has been the longstanding na14 tional belief that full citizenship in the United States re15 quires fluency in English. English is the language of op16 portunity for all immigrants to take their rightful place

17 in society in the United States.

18 ‘‘(b) CEREMONIES.—All authorized officials shall

19 conduct all naturalization ceremonies entirely in English.

20 ‘‘§ 166. Application

21 ‘‘Except as otherwise provided in this chapter, the

22 provisions of this chapter shall supersede any existing

23 Federal law that contravenes such provisions (such as by

24 requiring the use of a language other than English for

25 official business of the Federal Government).
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1 ‘‘§ 167. Rule of construction

2 ‘‘Nothing in this chapter shall be construed—

3 ‘‘(1) to prohibit a Member of Congress or an

4 employee or official of the Federal Government,

5 while performing official business, from communicat6 ing orally with another person in a language other

7 than English;

8 ‘‘(2) to limit the preservation or use of Native

9 Alaskan or Native American languages (as defined

10 in the Native American Languages Act);

11 ‘‘(3) to discriminate against or restrict the

12 rights of any individual in the country; and

13 ‘‘(4) to discourage or prevent the use of lan14 guages other than English in any nonofficial capac15 ity.

16 ‘‘§ 168. Affirmation of constitutional protections

17 ‘‘Nothing in this chapter shall be construed to be in18 consistent with the Constitution of the United States.

19 ‘‘§ 169. Definitions

20 ‘‘For purposes of this chapter:

21 ‘‘(1) FEDERAL GOVERNMENT.—The term ‘Fed22 eral Government’ means all branches of the national

23 Government and all employees and officials of the

24 national Government while performing official busi25 ness.
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1 ‘‘(2) OFFICIAL BUSINESS.—The term ‘official

2 business’ means governmental actions, documents,

3 or policies which are enforceable with the full weight

4 and authority of the Federal Government, and in5 cludes publications, income tax forms, and informa6 tional materials, but does not include—

7 ‘‘(A) teaching of languages;

8 ‘‘(B) requirements under the Individuals

9 with Disabilities Education Act;

10 ‘‘(C) actions, documents, or policies nec11 essary for—

12 ‘‘(i) national security issues; or

13 ‘‘(ii) international relations, trade, or

14 commerce;

15 ‘‘(D) actions or documents that protect the

16 public health and safety;

17 ‘‘(E) actions or documents that facilitate

18 the activities of the Bureau of the Census in

19 compiling any census of population;

20 ‘‘(F) actions, documents, or policies that

21 are not enforceable in the United States;

22 ‘‘(G) actions that protect the rights of vic23 tims of crimes or criminal defendants;

24 ‘‘(H) actions in which the United States

25 has initiated a civil lawsuit; or
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1 ‘‘(I) using terms of art or phrases from

2 languages other than English.

3 ‘‘(3) UNITED STATES.—The term ‘United

4 States’ means the several States and the District of

5 Columbia.’’.

6 (b) CONFORMING AMENDMENT.—The table of chap7 ters for title 4, United States Code, is amended by adding

8 at the end the following new item:

‘‘6. Language of the Federal Government ................................ 161’’.

9 SEC. 103. PREEMPTION.

10 This title (and the amendments made by this title)

11 shall not preempt any law of any State.

12 SEC. 104. EFFECTIVE DATE.

13 The amendments made by section 102 shall take ef14 fect on the date that is 180 days after the date of enact15 ment of this Act.

16 TITLE II—REPEAL OF BILIN17 GUAL VOTING REQUIRE18 MENTS

19 SEC. 201. REPEAL OF BILINGUAL VOTING REQUIREMENTS

20 (a) BILINGUAL ELECTION REQUIREMENTS.—Section

21 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa–

22 1a) is repealed.

23 (b) VOTING RIGHTS.—Section 4 of the Voting Rights

24 Act of 1965 (42 U.S.C. 1973b) is amended by striking

25 subsection (f).
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1 SEC. 202. CONFORMING AMENDMENTS.

2 (a) REFERENCES TO SECTION 203.—The Voting

3 Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended—

4 (1) in section 204, by striking ‘‘or 203,’’; and

5 (2) in section 205, by striking ‘‘, 202, or 203’’

6 and inserting ‘‘or 202’’.

7 (b) REFERENCES TO SECTION 4.—The Voting Rights

8 Act of 1965 (42 U.S.C. 1973 et seq.) is amended—

9 (1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6,

10 and 13, by striking ‘‘, or in contravention of the

11 guarantees set forth in section 4(f)(2)’’;

12 (2) in paragraphs (1)(A) and (3) of section

13 4(a), by striking ‘‘or (in the case of a State or sub14 division seeking a declaratory judgment under the

15 second sentence of this subsection) in contravention

16 of the guarantees of subsection (f)(2)’’;

17 (3) in paragraph (1)(B) of section 4(a), by

18 striking ‘‘or (in the case of a State or subdivision

19 seeking a declaratory judgment under the second

20 sentence of this subsection) that denials or

21 abridgements of the right to vote in contravention of

22 the guarantees of subsection (f)(2) have occurred

23 anywhere in the territory of such State or subdivi24 sion’’; and

25 (4) in paragraph (5) of section 4(a), by striking

26 ‘‘or (in the case of a State or subdivision which
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1 sought a declaratory judgment under the second sen2 tence of this subsection) that denials or

3 abridgements of the right to vote in contravention of

4 the guarantees of subsection (f)(2) have occurred

5 anywhere in the territory of such State or subdivi6 sion’’.

Passed the House of Representatives August 1,

1996.

Attest: ROBIN H. CARLE,

Clerk.

LINDA NAVE,

Deputy Clerk.