[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 123 Engrossed in House (EH)]
2d Session
H. R. 123
_______________________________________________________________________
AN ACT
To amend title 4, United States Code, to declare English as the
official language of the Government of the United States.
104th CONGRESS
2d Session
H. R. 123
_______________________________________________________________________
AN ACT
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 Representatives 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 1996''.
TITLE I--ENGLISH LANGUAGE EMPOWERMENT
SEC. 101. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individuals and
groups from diverse ethnic, cultural, and linguistic
backgrounds.
(2) The United States has benefited and continutes 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 immigrants better
assimilate and take full advantage of economic and occupational
opportunities in the United States.
(7) By learning the English language, immigrants 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 businesss of the Federal Government will promote
efficiency and fairness to all people.
(9) English should be recognized in law as the language of
official business of the Federal Government.
(10) Any monetary savings derived from the enactment of
this title should be used for the teaching of the English
language to non-English speaking immigrants.
SEC. 102. 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
``Sec. 161. Declaration of official language of Federal Government
``The official language of the Federal Government is English.
``Sec. 162. Preserving and enhancing the role of the official 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 Government. Such obligation shall
include encouraging greater opportunities for individuals to learn the
English language.
``Sec. 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 denied 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.
``Sec. 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.
``Sec. 165. Reform of naturalization requirements
``(a) Fluency.--It has been the longstanding national belief that
full citizenship in the United States requires fluency in English.
English is the language of opportunity 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.
``Sec. 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).
``Sec. 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 communicating 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 languages other
than English in any nonofficial capacity.
``Sec. 168. Affirmation of constitutional protections
``Nothing in this chapter shall be construed to be inconsistent
with the Constitution of the United States.
``Sec. 169. Definitions
``For purposes of this chapter:
``(1) Federal government.--The term `Federal Government'
means all branches of the national Government and all employees
and officials of the national Government while performing
official business.
``(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 includes publications, income tax forms, and
informational materials, but does not include--
``(A) teaching of languages;
``(B) requirements under the Individuals with
Disabilities Education Act;
``(C) actions, documents, or policies necessary
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 victims 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 chapters 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. 103. PREEMPTION.
This title (and the amendments made by this title) shall not
preempt any law of any State.
SEC. 104. EFFECTIVE DATE.
The amendments made by section 102 shall take effect on the date
that is 180 days after the date of enactment of this Act.
TITLE II--REPEAL OF BILINGUAL VOTING REQUIREMENTS
SEC. 201. REPEAL OF BILINGUAL VOTING REQUIREMENTS
(a) Bilingual Election Requirements.--Section 203 of the Voting
Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(b) Voting Rights.--Section 4 of the Voting Rights Act of 1965 (42
U.S.C. 1973b) is amended by striking subsection (f).
SEC. 202. CONFORMING AMENDMENTS.
(a) References to Section 203.--The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.) is amended--
(1) in section 204, by striking ``or 203,''; and
(2) in section 205, by striking ``, 202, or 203'' and
inserting ``or 202''.
(b) References to Section 4.--The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.) is amended--
(1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13,
by striking ``, or in contravention of the guarantees set forth
in section 4(f)(2)'';
(2) in paragraphs (1)(A) and (3) of section 4(a), by
striking ``or (in the case of a State or subdivision seeking a
declaratory judgment under the second sentence of this
subsection) in contravention of the guarantees of subsection
(f)(2)'';
(3) in paragraph (1)(B) of section 4(a), by striking ``or
(in the case of a State or subdivision seeking a declaratory
judgment under the second sentence of this subsection) that
denials or abridgements of the right to vote in contravention
of the guarantees of subsection (f)(2) have occurred anywhere
in the territory of such State or subdivision''; and
(4) in paragraph (5) of section 4(a), by striking ``or (in
the case of a State or subdivision which sought a declaratory
judgment under the second sentence of this subsection) that
denials or abridgements of the right to vote in contravention
of the guarantees of subsection (f)(2) have occurred anywhere
in the territory of such State or subdivision''.
Passed the House of Representatives August 1, 1996.
Attest:
Clerk.