[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3850 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3850

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 1996

Mr. Cunningham introduced the following bill; which was referred to the 
          Committee on Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL


 


    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 ``English Language Empowerment Act of 
1996''.

SEC. 2. 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 continues 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 Act 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 business 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 Act should be used for the teaching of non-English 
        speaking immigrants the English language.

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. Rule of construction.
``167. 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
    ``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.--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 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. Rule of construction
    ``Nothing in this chapter shall be construed--
            ``(1) to prohibit a Member of Congress, an employee or 
        official of the Federal Government, while performing official 
        business, from communicating orally in a foreign language with 
        another person.
            ``(2) to discriminate against or restrict the rights of any 
        individual in the country;
            ``(3) to discourage or prevent the use of languages other 
        than English in any nonofficial capacity; and
            ``(4) except where an existing Federal law directly 
        contravenes the amendments made by such section (such as by 
        requiring the use of a language other than English for official 
        business of the Federal Government), to repeal existing Federal 
        laws.
``Sec. 167. Definitions
    ``For purposes of this chapter:
            ``(1) Federal Government.--The term `Federal Government' 
        means all branches of the Federal Government and all employees 
        and officials of the Federal 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, 
        informational materials, and the contents of franked mail (as 
        described in section 3210 of title 39, United States Code), but 
        does not include--
                    ``(A) teaching of foreign languages;
                    ``(B) actions, documents, or policies necessary for 
                international relations, trade, or commerce;
                    ``(C) actions or documents that protect the public 
                health and safety;
                    ``(D) actions, documents, or policies that are not 
                enforceable in the United States;
                    ``(E) actions that protect the rights of victims of 
                crimes or criminal defendants; or
                    ``(F) documents that utilize terms of art or 
                phrases from languages other than English.''.
    (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. 4. PREEMPTION.

    This Act (and the amendments made by this Act) shall not preempt 
any law of any State.

SEC. 5. EFFECTIVE DATE.

    The amendments made by section 3 shall take effect upon the date of 
enactment of this Act, except that no suit may be commenced to enforce 
or determine rights under chapter 6 of title 4, United States Code, 
until the date that is 1 year after the date of the enactment of this 
Act.
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