I

106TH CONGRESS

1ST SESSION H. R. 123

To amend title 4, United States Code, to declare English as the official

language of the Government of the United States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. BARR of Georgia introduced the following bill; which was referred to the

Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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,

3 SECTION 1. SHORT TITLE.

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

5 Language Empowerment Act of 1999’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares the following:
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1 (1) The United States is comprised of individ2 uals and groups from diverse ethnic, cultural, and

3 linguistic backgrounds.

4 (2) The United States has benefited and contin5 ues to benefit from this rich diversity.

6 (3) Throughout the history of the United

7 States, the common thread binding individuals of

8 differing backgrounds has been a common language.

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

10 to prevent division along linguistic lines, the Federal

11 Government should maintain a language common to

12 all people.

13 (5) English has historically been the common

14 language and the language of opportunity in the

15 United States.

16 (6) The purpose of this title is to help immi17 grants better assimilate and take full advantage of

18 economic and occupational opportunities in the

19 United States.

20 (7) By learning the English language, immi21 grants will be empowered with the language skills

22 and literacy necessary to become responsible citizens

23 and productive workers in the United States.

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

25 conducting official business of the Federal Govern-
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1 ment will promote efficiency and fairness to all peo2 ple.

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

4 language of official business of the Federal Govern5 ment.

6 (10) Any monetary savings derived from the en7 actment of this title should be used for the teaching

8 of the English language to non-English-speaking im9 migrants.

10 SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL

11 GOVERNMENT.

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

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

14 ‘‘CHAPTER 6—LANGUAGE OF THE

15 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.

‘‘168. Affirmation of constitutional protections.

‘‘169. Definitions.

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

17 Government

18 ‘‘The official language of the Federal Government is

19 English.
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1 ‘‘§ 162. Preserving and enhancing the role of the offi2 cial language

3 ‘‘Representatives of the Federal Government shall

4 have an affirmative obligation to preserve and enhance the

5 role of English as the official language of the Federal Gov6 ernment. Such obligation shall include encouraging great7 er opportunities for individuals to learn the English lan8 guage.

9 ‘‘§ 163. Official Federal Government activities in

10 English

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

12 the Federal Government shall conduct its official business

13 in English.

14 ‘‘(b) DENIAL OF SERVICES.—No person shall be de15 nied services, assistance, or facilities, directly or indirectly

16 provided by the Federal Government solely because the

17 person communicates in English.

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

19 States is entitled—

20 ‘‘(1) to communicate with representatives of the

21 Federal Government in English;

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

23 information to the Federal Government in English;

24 and

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

26 orders in English.
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1 ‘‘§ 164. Standing

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

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

4 of title 28) obtain appropriate relief.

5 ‘‘§ 165. Reform of naturalization requirements

6 ‘‘(a) FLUENCY.—It has been the longstanding na7 tional belief that full citizenship in the United States re8 quires fluency in English. English is the language of op9 portunity for all immigrants to take their rightful place

10 in society in the United States.

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

12 conduct all naturalization ceremonies entirely in English.

13 ‘‘§ 166. Application

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

15 provisions of this chapter shall supersede any existing

16 Federal law that contravenes such provisions (such as by

17 requiring the use of a language other than English for

18 official business of the Federal Government).

19 ‘‘§ 167. Rule of construction

20 ‘‘Nothing in this chapter shall be construed—

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

22 employee or official of the Federal Government,

23 while performing official business, from communicat24 ing orally with another person in a language other

25 than English;
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1 ‘‘(2) to limit the preservation or use of Native

2 Alaskan or Native American languages (as defined

3 in the Native American Languages Act);

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

5 rights of any individual in the country; and

6 ‘‘(4) to discourage or prevent the use of lan7 guages other than English in any nonofficial capac8 ity.

9 ‘‘§ 168. Affirmation of constitutional protections

10 ‘‘Nothing in this chapter shall be construed to be in11 consistent with the Constitution of the United States.

12 ‘‘§ 169. Definitions

13 ‘‘For purposes of this chapter:

14 ‘‘(1) FEDERAL GOVERNMENT.—The term ‘Fed15 eral Government’ means all branches of the national

16 Government and all employees and officials of the

17 national Government while performing official busi18 ness.

19 ‘‘(2) OFFICIAL BUSINESS.—The term ‘official

20 business’ means governmental actions, documents,

21 or policies which are enforceable with the full weight

22 and authority of the Federal Government, and in23 cludes publications, income tax forms, and informa24 tional materials, but does not include—

25 ‘‘(A) teaching of languages;
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1 ‘‘(B) requirements under the Individuals

2 with Disabilities Education Act;

3 ‘‘(C) actions, documents, or policies nec4 essary for—

5 ‘‘(i) national security issues; or

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

7 commerce;

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

9 public health and safety;

10 ‘‘(E) actions or documents that facilitate

11 the activities of the Bureau of the Census in

12 compiling any census of population;

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

14 are not enforceable in the United States;

15 ‘‘(G) actions that protect the rights of vic16 tims of crimes or criminal defendants;

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

18 has initiated a civil lawsuit; or

19 ‘‘(I) using terms of art or phrases from

20 languages other than English.

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

22 States’ means the several States and the District of

23 Columbia.’’.
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1 (b) CONFORMING AMENDMENT.—The table of chap2 ters for title 4, United States Code, is amended by adding

3 at the end the following new item:

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

4 SEC. 4. PREEMPTION.

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

6 shall not preempt any law of any State.

7 SEC. 5. EFFECTIVE DATE.

8 The amendments made by section 3 shall take effect

9 on the date that is 180 days after the date of enactment

10 of this Act.

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