I

104TH CONGRESS

2D SESSION H. R. 3898

To declare English as the official language of the United States, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 1996

Mr. CUNNINGHAM (for himself, Mr. PORTER, and Mr. CANADY of Florida) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities, 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 declare English as the official language of the United

States, and for other purposes.

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 ‘‘English Language

5 Empowerment Act of 1996’’.
2

•HR 3898 IH

1 TITLE I—ENGLISH LANGUAGE

2 EMPOWERMENT

3 SEC. 101. FINDINGS.

4 The Congress finds and declares the following:

5 (1) The United States is comprised of individ6 uals and groups from diverse ethnic, cultural, and

7 linguistic backgrounds.

8 (2) The United States has benefited and

9 continutes to benefit from this rich diversity.

10 (3) Throughout the history of the United

11 States, the common thread binding individuals of

12 differing backgrounds has been a common language.

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

14 to prevent division along linguistic lines, the Federal

15 Government should maintain a language common to

16 all people.

17 (5) English has historically been the common

18 language and the language of opportunity in the

19 United States.

20 (6) The purpose of this title is to help immi21 grants better assimilate and take full advantage of

22 economic and occupational opportunities in the Unit23 ed States.

24 (7) By learning the English language, immi25 grants will be empowered with the language skills
3

•HR 3898 IH

1 and literacy necessary to become responsible citizens

2 and productive workers in the United States.

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

4 conducting official businesss of the Federal Govern5 ment will promote efficiency and fairness to all peo6 ple.

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

8 language of official business of the Federal Govern9 ment.

10 (10) Any monetary savings derived from the en11 actment of this title should be used for the teaching

12 of the English language to non-English speaking im13 migrants.

14 SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE OF FED15 ERAL GOVERNMENT.

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

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

18 ‘‘CHAPTER 6—LANGUAGE OF THE

19 FEDERAL GOVERNMENT

‘‘See.

‘‘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
4

•HR 3898 IH

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—

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

25 Federal Government in English;
5

•HR 3898 IH

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

2 information to the Federal Government in English;

3 and

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

5 orders in English.

6 ‘‘§ 164. Standing

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

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

9 of title 28) obtain appropriate relief.

10 ‘‘§ 165. Reform of naturalization requirements

11 ‘‘(a) FLUENCY.—It has been the longstanding na12 tional belief that full citizenship in the United States re13 quires fluency in English. English is the language of op14 portunity for all immigrants to take their rightful place

15 in society in the United States.

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

17 conduct all naturalization ceremonies entirely in English.

18 ‘‘§ 166. Application

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

20 provisions of this chapter shall supersede any existing

21 Federal law that contravenes such provisions (such as by

22 requiring the use of a language other than English for

23 official business of the Federal Government).

24 ‘‘§ 167. Rule of construction

25 ‘‘Nothing in this chapter shall be construed—
6

•HR 3898 IH

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

2 employee or official of the Federal Government,

3 while performing official business, from communicat4 ing orally with another person in a language other

5 than English;

6 ‘‘(2) to discriminate against or restrict the

7 rights of any individual in the country; and

8 ‘‘(3) to discourage or prevent the use of lan9 guages other than English in any nonofficial capac10 ity.

11 ‘‘§ 168. Affirmation of constitutional protections

12 ‘‘Nothing in this chapter shall be construed to be in13 consistent with the Constitution of the United States.

14 ‘‘§ 169. Definitions

15 ‘‘For purposes of this chapter:

16 ‘‘(1) FEDERAL GOVERNMENT.—The term ‘Fed17 eral Government’ means all branches of the national

18 Government and all employees and officials of the

19 national Government while performing official busi20 ness.

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

22 business’ means governmental actions, documents,

23 or policies which are enforceable with the full weight

24 and authority of the Federal Government, and in-
7

•HR 3898 IH

1 cludes publications, income tax forms, and informa2 tional materials, but does not include—

3 ‘‘(A) teaching of languages;

4 ‘‘(B) actions, documents, or policies nec5 essary for—

6 ‘‘(i) national security issues; or

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

8 commerce;

9 ‘‘(C) actions or documents that protect the

10 public health and safety;

11 ‘‘(D) actions or documents that facilitate

12 the activities of the Bureau of the Census in

13 compiling any census of population;

14 ‘‘(E) actions, documents, or policies that

15 are not enforceable in the United States;

16 ‘‘(F) actions that protect the rights of vic17 tims of crimes or criminal defendants;

18 ‘‘(G) actions in which the United States

19 has initiated a civil lawsuit; or

20 ‘‘(H) documents that utilize terms of art

21 or phrases from languages other than English.

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

23 States’ means the several States and the District of

24 Columbia.’’.
8

•HR 3898 IH

1 ‘‘(b) CONFORMING AMENDMENT.—The table of

2 chapters for title 4, United States Code, is amended

3 by adding at the end the following new item:

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

4 SEC. 103. PREEMPTION.

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

6 shall not preempt any law of any State.

7 SEC. 104. EFFECTIVE DATE.

8 The amendments made by section 102 shall take ef9 fect on the date that is 180 days after the date of enact10 ment of this Act.

11 TITLE II—REPEAL OF BILIN12 GUAL VOTING REQUIRE13 MENTS

14 SEC. 201. REPEAL OF BILINGUAL VOTING REQUIREMENTS

15 (a) BILINGUAL ELECTION REQUIREMENTS.—Section

16 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa–

17 1a) is repealed.

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

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

20 subsection (f).

21 SEC. 202. CONFORMING AMENDMENTS.

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

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

24 (1) in section 204, by striking ‘‘or 203,’’; and
9

•HR 3898 IH

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

2 and inserting ‘‘or 202’’.

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

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

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

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

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

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

9 4(a), by striking ‘‘or (in the case of a State or sub10 division seeking a declaratory judgment under the

11 second sentence of this subsection) in contravention

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

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

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

15 seeking a declaratory judgment under the second

16 sentence of this subsection) that denials or

17 abridgements of the right to vote in contravention of

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

19 anywhere in the territory of such State or subdivi20 sion’’; and

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

22 ‘‘or (in the case of a State or subdivision which

23 sought a declaratory judgment under the second sen24 tence of this subsection) that denials or

25 abridgements of the right to vote in contravention of
10

•HR 3898 IH

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

2 anywhere in the territory of such State or subdivi3 sion’’.

Æ