[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3333 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3333

    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

                           November 16, 2001

Mr. Stump (for himself, Mr. Istook, Mr. Norwood, Mr. Paul, Mr. Deal of 
 Georgia, Mr. Bartlett of Maryland, Mr. King, Mr. Tancredo, Mr. Shows, 
and Mr. Goode) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, 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 jurisidiction 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Declaration of Official Language Act 
of 2001''.

SEC. 2. ENGLISH AS OFFICIAL LANGUAGE.

    (a) In General.--Title 4, United States Code, is amended by adding 
at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec.
``161. Declaration of official language.
``162. Preserving and enhancing the role of the official language.
``163. Duties of citizenship.
``164. Reform of naturalization requirement.
``165. Exceptions.
``166. Preemption.
``167. Construction.
``168. Enforcement.
``169. Prohibition.
``Sec. 161. Declaration of official language
    ``English is the official language of the Government of the United 
States.
``Sec. 162. Preserving and enhancing the role of the official language
    ``The Government of the United States shall preserve and enhance 
the role of English as the official language of the United States of 
America. Unless specifically stated in applicable law, no person has a 
right, entitlement, or claim to have the Government of the United 
States or any of its officials or representatives act, communicate, 
perform or provide services, or provide materials in any language other 
than English. If exceptions are made, that does not create a legal 
entitlement to additional services in that language or any language 
other than English.''.
``Sec. 163. Duties of citizenship
    ``All United States citizens should be encouraged to read, write, 
and speak English to the extent of their physical and mental abilities.
``Sec. 164. Reform of naturalization requirements
    ``(a) It has been the long-standing 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 American society.
    ``(b) The Immigration and Naturalization Service shall--
            ``(1) enforce the established English language proficiency 
        standard for all applicants for United States citizenship, and
            ``(2) conduct all naturalization ceremonies entirely in 
        English.
``Sec. 165. Exceptions
    ``This chapter does not apply to the use of a language other than 
English for--
            ``(1) religious purposes,
            ``(2) training in foreign languages for international 
        communication,
            ``(3) use of non-English terms of art in government 
        documents,
            ``(4) law enforcement, or
            ``(5) scientific terminology.
``Sec. 166. Preemption
    ``This chapter preempts any Federal law, regulation, policy 
guidance, agency ruling or determination, or any other Federal action 
or policy which is inconsistent with this chapter.
``Sec. 167. Construction
    ``This Act is not intended to affect programs in schools designed 
to encourage students to learn foreign languages.
``Sec. 168. Enforcement
    ``(a) Cause of Action.--Whoever is injured by a violation of this 
chapter may, in a civil action, obtain appropriate relief.
    ``(b) Attorney's Fees.--In any action under this chapter, the court 
may allow a prevailing party, other than the United States, a 
reasonable attorney's fee as part of costs.
``Sec. 169. Prohibition
    ``No agency or department of the United States shall require the 
government of any State or subdivision thereof, or any person or 
organization, to communicate or provide materials in any language other 
than English.''.
    (b) Clerical 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 Government.............................     161''.

SEC. 3. REPEAL OF BILINGUAL EDUCATION ACT.

    (a) Repeal of Bilingual Education Act.--The Bilingual Education Act 
(20 U.S.C. 7401 et seq.) is repealed.
    (b) Termination of Office of Bilingual Education and Minority 
Languages Affairs.--
            (1) In general.--The Office of Bilingual Education and 
        Minority Languages Affairs in the Department of Education is 
        terminated.
            (2) Repeal of conforming provisions.--Sections 209, 216, 
        and 413(b)(1)(A) of the Department of Education Organization 
        Act are repealed.
    (c) Unobligated Funds.--At the end of the transition period 
described in subsection (d)(2), the Secretary shall deposit in the 
general fund of the Treasury any funds that have not been awarded or 
obligated for grants under the Bilingual Education Act (20 U.S.C. 7401 
et seq.).
    (d) Transitional Provisions.--
            (1) Completion of programs during current school year.--
        Subsection (a) shall not apply to any program under the 
        Bilingual Education Act (20 U.S.C. 7401 et seq.) until 
        completion of the most recent school year of the program that 
        commences after the date of the enactment of this Act.
            (2) Assistance for transition to special alternative 
        instructional programs.--During the 1-year period beginning on 
        the date of the enactment of this Act, the Secretary of 
        Education may assist local educational agencies in the 
        transition of children enrolled in programs assisted under the 
        Bilingual Education Act (20 U.S.C 7401 et seq.) to special 
        alternative instructional programs (as such programs are 
        described in section 7501 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7601) that do not make use of 
        the native language of the student.

SEC. 4. CONSTRUCTION.

    Nothing in this Act shall be construed as requiring that a State or 
local educational agency develop, implement, provide, or maintain a 
program of bilingual education.

SEC. 5. RELEASE FROM DECREE.

    Any consent decree entered into with a State, locality, or local 
educational agency, and either the Department of Health, Education, and 
Welfare, or the Department of Education that requires such State, 
locality, or local educational agency to develop, implement, provide, 
or maintain any form of bilingual education is void.

SEC. 6. EFFECTIVE DATE.

    Except as provided in subsections (c) and (d) of section 3, this 
Act shall take effect on the date of the enactment of this Act.

SEC. 7. REPEAL OF BILINGUAL VOTING REQUIREMENTS.

    (a) In General.--
            (1) Bilingual election requirements.-- Section 203 of the 
        Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
            (2) Voting rights.--Section 4 of the Voting Rights Act of 
        1965 (42 U.S.C. 1973b) is amended by striking subsection (f).
    (b) Conforming Amendments.--
            (1) References to section 203.--The Voting Rights Act of 
        1965 (42 U.S.C. 1973 et seq.) is amended--
                    (A) in section 204, by striking ``or 203,''; and
                    (B) in the first sentence of section 205, by 
                striking ``, 202, or 203'' and inserting ``or 202''.
            (2) References to section 7.--The Voting Rights Act of 1965 
        (42 U.S.C. 1973 et seq.) is amended--
                    (A) 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)'';
                    (B) 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)''; and
                    (C) in paragraphs (1)(B) and (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 
                abridgments 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''.
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