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 Com-
mittee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bill Emerson English
Language Empowerment Act of 1999’’.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individ-
uals and groups from diverse ethnic, cultural, and
linguistic backgrounds.
(2) The United States has benefited and contin-
ues to benefit from this rich diversity.
(3) Throughout the history of the United
States, the common thread binding individuals of
differing backgrounds has been a common language.
(4) In order to preserve unity in diversity, and
to prevent division along linguistic lines, the Federal
Government should maintain a language common to
all people.
(5) English has historically been the common
language and the language of opportunity in the
United States.
(6) The purpose of this title is to help immi-
grants better assimilate and take full advantage of
economic and occupational opportunities in the
United States.
(7) By learning the English language, immi-
grants will be empowered with the language skills
and literacy necessary to become responsible citizens
and productive workers in the United States.
(8) The use of a single common language in
conducting official business of the Federal Govern-
ment will promote efficiency and fairness to all peo-
ple.
(9) English should be recognized in law as the
language of official business of the Federal Govern-
ment.
(10) Any monetary savings derived from the en-
actment of this title should be used for the teaching
of the English language to non-English-speaking im-
migrants.
SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL
GOVERNMENT.
(a) IN GENERAL.—Title 4, United States Code, is
amended by adding at the end the following new chapter:
‘‘CHAPTER 6—LANGUAGE OF THE
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.
‘‘§ 161. Declaration of official language of Federal
Government
‘‘The official language of the Federal Government is
English.
‘‘§ 162. Preserving and enhancing the role of the offi-
cial language
‘‘Representatives of the Federal Government shall
have an affirmative obligation to preserve and enhance the
role of English as the official language of the Federal Gov-
ernment. Such obligation shall include encouraging great-
er opportunities for individuals to learn the English lan-
guage.
‘‘§ 163. Official Federal Government activities in
English
‘‘(a) CONDUCT
OF BUSINESS.—Representatives of
the Federal Government shall conduct its official business
in English.
‘‘(b) DENIAL OF SERVICES.—No person shall be de-
nied services, assistance, or facilities, directly or indirectly
provided by the Federal Government solely because the
person communicates in English.
‘‘(c) ENTITLEMENT.—Every person in the United
States is entitled—
‘‘(1) to communicate with representatives of the
Federal Government in English;
‘‘(2) to receive information from or contribute
information to the Federal Government in English;
and
‘‘(3) to be informed of or be subject to official
orders in English.
‘‘§ 164. Standing
‘‘A person injured by a violation of this chapter may
in a civil action (including an action under chapter 151
of title 28) obtain appropriate relief.
‘‘§ 165. Reform of naturalization requirements
‘‘(a) FLUENCY.—It has been the longstanding na-
tional belief that full citizenship in the United States re-
quires fluency in English. English is the language of op-
portunity for all immigrants to take their rightful place
in society in the United States.
‘‘(b) CEREMONIES.—All authorized officials shall
conduct all naturalization ceremonies entirely in English.
‘‘§ 166. Application
‘‘Except as otherwise provided in this chapter, the
provisions of this chapter shall supersede any existing
Federal law that contravenes such provisions (such as by
requiring the use of a language other than English for
official business of the Federal Government).
‘‘§ 167. Rule of construction
‘‘Nothing in this chapter shall be construed—
‘‘(1) to prohibit a Member of Congress or an
employee or official of the Federal Government,
while performing official business, from communicat-
ing orally with another person in a language other
than English;
‘‘(2) to limit the preservation or use of Native
Alaskan or Native American languages (as defined
in the Native American Languages Act);
‘‘(3) to discriminate against or restrict the
rights of any individual in the country; and
‘‘(4) to discourage or prevent the use of lan-
guages other than English in any nonofficial capac-
ity.
‘‘§ 168. Affirmation of constitutional protections
‘‘Nothing in this chapter shall be construed to be in-
consistent with the Constitution of the United States.
‘‘§ 169. Definitions
‘‘For purposes of this chapter:
‘‘(1) FEDERAL GOVERNMENT.—The term ‘Fed-
eral Government’ means all branches of the national
Government and all employees and officials of the
national Government while performing official busi-
ness.
‘‘(2) OFFICIAL BUSINESS.—The term ‘official
business’ means governmental actions, documents,
or policies which are enforceable with the full weight
and authority of the Federal Government, and in-
cludes publications, income tax forms, and informa-
tional materials, but does not include—
‘‘(A) teaching of languages;
‘‘(B) requirements under the Individuals
with Disabilities Education Act;
‘‘(C) actions, documents, or policies nec-
essary for—
‘‘(i) national security issues; or
‘‘(ii) international relations, trade, or
commerce;
‘‘(D) actions or documents that protect the
public health and safety;
‘‘(E) actions or documents that facilitate
the activities of the Bureau of the Census in
compiling any census of population;
‘‘(F) actions, documents, or policies that
are not enforceable in the United States;
‘‘(G) actions that protect the rights of vic-
tims of crimes or criminal defendants;
‘‘(H) actions in which the United States
has initiated a civil lawsuit; or
‘‘(I) using terms of art or phrases from
languages other than English.
‘‘(3) UNITED
STATES.—The term ‘United
States’ means the several States and the District of
Columbia.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters for title 4, United States Code, is amended by adding
at the end the following new item:
‘‘6. Language of the Federal Government ................................
161’’.
SEC. 4. PREEMPTION.
This title (and the amendments made by this title)
shall not preempt any law of any State.
SEC. 5. EFFECTIVE DATE.
The amendments made by section 3 shall take effect
on the date that is 180 days after the date of enactment
of this Act.
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