To withhold Federal funds from schools that permit or require the recitation of the Pledge of Allegiance or the national anthem in a language other than English.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pledge Language is English 
Declaration and Government Endorsement Act of 2008''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) One of the fundamental strengths of the United States 
        is a shared commitment to certain principles of democracy, 
        freedom, and national unity, and this commitment is reinforced 
        periodically by certain officially recognized rituals and 
        practices, including the recitation of the Pledge of Allegiance 
        and the singing of the national anthem. One purpose of these 
        officially recognized rituals is national unity. That goal is 
        expressed in the Pledge of Allegiance as ``one nation under 
        God, indivisible'' in section 4 of title 4, United States Code.
            (2) The recitation of the Pledge of Allegiance is one of 
        these officially recognized national unity rituals. Congress 
        recognized the Pledge of Allegiance in law in 1942 in section 4 
        of title 4, United States Code, and Federal law prescribes 
        certain methods for reciting and recognizing the Pledge of 
        Allegiance in English.
            (3) Another officially recognized national unity ritual is 
        the recitation or singing of the national anthem. Inspired by 
        the sight of the American flag still waving at Fort McHenry 
        after 25 hours of continual bombardment by British forces, 
        Francis Scott Key wrote the words of the Star-Spangled Banner 
        in English in 1814. In 1931, Congress declared that the Star-
        Spangled Banner is the national anthem of the United States in 
        section 301 of title 36, United States Code.
            (4) The vast majority of Americans are immigrants or the 
        descendants of immigrants, respectful of their ancestral home, 
        but also proud to be American. According to sections 1423 and 
        1448 of title 8, United States Code, to become citizens of the 
        United States, lawful permanent residents of the United States 
        must, among other requirements, renounce allegiance to the 
        government of their country of origin, swear allegiance to the 
        laws and Constitution of the United States, and demonstrate an 
        understanding of the English language.
            (5) Millions of Americans speak or study languages other 
        than English, but English is the common language of the United 
        States. The people of the United States are united, not by 
        race, ancestry, or origin, but by a common language--English--
        and by a common belief and allegiance to democratic principles 
        prescribed by the founding documents of the Nation.
            (6) The Government may, from time to time, take steps to 
        reinforce national unity, including using its funding to 
        promote national unity. The Government may also take steps to 
        limit the use of its resources for purposes that may be seen as 
        undercutting national unity or misrepresenting its support for 
        those rituals that it believes are essential to promoting 
        national unity.
    (b) Purpose.--It is the purpose of this Act to protect and to 
preserve national unity by restricting Federal funds from being used to 
undercut national unity. In particular, this Act withholds Federal 
funds from schools that permit or require the recitation of the Pledge 
of Allegiance or the national anthem in a language other than English.

SEC. 3. PROHIBITION, ENFORCEMENT, AND PRIVATE RIGHT OF ACTION.

    (a) Prohibition.--
            (1) In general.--No State educational agency or local 
        educational agency may have a policy or practice that requires 
        or permits the Pledge of Allegiance (as defined in section 4 of 
        title 4, United States Code), or the national anthem (as 
        defined in section 301 of title 36, United States Code) to be 
        recited or sung in any language other than English in any 
        elementary school or secondary school under its jurisdiction.
            (2) Exception to prohibition.--The prohibition in paragraph 
        (1) shall not apply to the authorized meetings, events, or 
        unofficial activities held by individuals or organizations that 
        are not affiliated with, or sponsored by, a State educational 
        agency or local educational agency, unless such individuals or 
        organizations reasonably give an impression to an objective 
        observer that a State educational agency or a local educational 
        agency has required the recitation or singing of the Pledge of 
        Allegiance or the national anthem in any language other than 
        English at such authorized meetings, events, or unofficial 
        activities.
    (b) Enforcement by the Secretary of Education.--
            (1) In general.--If, after notice and a reasonable 
        opportunity to respond, the Secretary of Education finds that a 
        State educational agency or local educational agency has 
        violated subsection (a)--
                    (A) no Federal funds appropriated by Congress for 
                the next fiscal year after such finding may be provided 
                by grant or contract to such State educational agency 
                or local educational agency; and
                    (B) the Secretary shall--
                            (i) submit a report, entitled ``Report to 
                        Congress of State Educational Agencies or Local 
                        Educational Agencies that have Violated 
                        Protection for Pledge of Allegiance or Star 
                        Spangled Banner'', of such finding to each 
                        House of Congress; and
                            (ii) publish in the Federal Register a list 
                        of each State educational agency and local 
                        educational agency that is subject to the 
                        withholding of Federal funds under paragraph 
                        (1).
            (2) Exception to withholding of federal funds.--
                    (A) In general.--A State educational agency or 
                local educational agency that the Secretary has found 
                under paragraph (1) of this subsection to have violated 
                subsection (a) shall not be subject to a withholding of 
                funds under such paragraph if such funds are contained 
                in an appropriation enacted after the date of the 
                Secretary's finding and such funds are appropriated 
                specifically for such State educational agency or local 
                educational agency.
                    (B) Notation requirement.--The appropriation in 
                subparagraph (A) shall contain a notation of the date 
                on which the report relating to such State educational 
                agency or local educational agency was submitted under 
                paragraph (1)(B)(i) and the page number of the Federal 
                Register on which such State educational agency or 
                local educational agency was listed under paragraph 
                (1)(B)(ii).
    (c) Private Right of Action.--A person injured by a violation of 
section (a) may obtain appropriate relief, including a declaratory 
judgment under chapter 151 of title 28, United States Code, in a civil 
action.

SEC. 4. DEFINITIONS.

    In this Act, the following terms apply:
            (1) Elementary school.--The term ``elementary school'' has 
        the meaning given such term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (3) Secondary school.--The term ``secondary school'' has 
        the meaning given such term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (5) State educational agency.--The term ``State education 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).

Summary: Pledge Language is English Declaration and Government Endorsement Act of 2008 - Prohibits state or local educational agencies from requiring or permitting the Pledge of Allegiance or national anthem to be recited or sung in any language other than English in any elementary or secondary school under their jurisdiction.

Withholds federal funds from state or local educational agencies that violate such prohibition, unless the funds are specifically appropriated to such agencies after they have been found to be violating the prohibition.

Establishes a private right of action for persons injured by violations of such prohibition.