[Congressional Record Volume 155, Number 69 (Wednesday, May 6, 2009)]
[Senate]
[Pages S5239-S5241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE:
  S. 991. A bill to declare English as the official language of the 
United States, to establish a uniform English language rule for 
naturalization, and to avoid misconstructions of the English language 
texts of the laws of the United States, pursuant to Congress' powers to 
provide for the general welfare of the United States and to establish a 
rule of naturalization under article I, section 8, of the Constitution; 
to the Committee on Homeland Security and Governmental Affairs.
  Mr. INHOFE. Mr. President, today I would like to introduce two pieces 
of legislation that I believe are of great importance to the unity of 
the American people--the National Language Act, S. 992, and the English 
Language Unity Act, S. 991.
  The National Language Act recognizes the practical reality of the 
role of English as our national language and makes English the national 
language of the U.S. Government, a status in law it has not had before, 
and calls on government to preserve and enhance the role of English as 
the national language. It clarifies that there is no entitlement to 
receive Federal documents and services in languages other than English, 
unless required by statutory law, recognizing decades of unbroken court 
opinions that civil rights laws protecting against national origin 
discrimination do not create rights to Government services and 
materials in languages other than English. This is especially important 
considering the Office of Management and Budget has estimated that the 
annual cost of providing multilingual assistance required by Clinton 
Executive Order 13166 is $1-$2 billion annually.

[[Page S5240]]

  The National Language Act is an attempt to legislate a common sense 
language policy that a nation of immigrants needs one national 
language. Our Nation was settled by a group of people with a common 
vision. When members of our society cannot speak a common language, 
individuals miss out on many opportunities to advance in society and 
achieve the American Dream. By establishing that there is no 
entitlement to receive documents or services in languages other than 
English, we set the precedent that English is a common to us all in the 
public forum of Government.
  The Language Unity Act of 2009, the second piece of legislation that 
I am introducing today, incorporates all the ideas of the National 
Language Act, and requires the establishment of a uniform language 
requirement for naturalization and sets the framework for uniform 
testing of English language ability for candidates for naturalization.
  I want to empower new immigrants coming to our Nation by helping them 
understand and become successful in their new home. I believe that one 
of the most important ways immigrants can achieve success is by 
learning English.
  There is enormous popular support for English as the National 
Language, according to polling that has taken place over the last few 
years. In polling reported only a few days ago, 86 percent of 
Oklahomans favor making English the official language; 87 percent of 
Americans support making English the official language of the U.S.; 77 
percent of Hispanics believe English should be the official language of 
government operations; 82 percent of Americans support legislation that 
would require the Federal Government to conduct business solely in 
English; 74 percent of Americans support all election ballots and other 
government documents be printed in English. This polling data refers to 
making English an official language of the U.S., or further creating an 
affirmative responsibility on the part of Government to conduct its 
operations in English.
  My colleagues who have followed this debate will remember that the 
National Language Act of 2009 is identical to S. 2715, legislation I 
introduced in the 110th Congress. Most importantly, this language is 
identical to the English amendments I authored which passed the Senate 
in 2007 as Senate Amendment 1151, and in 2006 as Senate Amendment 4064, 
each being part of the Comprehensive Immigration Reform Act of each 
respective Congress. Senate Amendment 1151 was agreed to in the Senate 
by a vote of 64-33. Senate Amendment 4064 was agreed to in the Senate 
by a vote of 62-35. As you can see, there is widespread and bipartisan 
support for legislation that empowers this nation's immigrants to learn 
English,
  I am especially pleased to be introducing these bills today because 
just hours ago in my home State the Oklahoma State Legislature passed a 
joint resolution in support of English as the official language. This 
resolution, which passed the Oklahoma House of Representatives by an 
overwhelming vote of 89 to 8 and the Senate by a vote of 44 to 2, will 
allow the people of Oklahoma to vote on a statewide ballot for a 
constitutional amendment to make English the official language of 
Oklahoma. I am encouraged by the State Legislature's tireless efforts 
to affirm the importance of English as the unifying language in our 
society. I hope that the U.S. Congress will follow their lead and let 
the voice of the people be heard--a voice that overwhelmingly supports 
English as the official language.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 991

       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 Unity Act 
     of 2009''.

     SEC. 2. FINDINGS.

       The Congress finds and declares the following:
       (1) The United States is comprised of individuals from 
     diverse ethnic, cultural, and linguistic backgrounds, and 
     continues to benefit from this rich diversity.
       (2) Throughout the history of the United States, the common 
     thread binding individuals of differing backgrounds has been 
     the English language.
       (3) Among the powers reserved to the States respectively is 
     the power to establish the English language as the official 
     language of the respective States, and otherwise to promote 
     the English language within the respective States, subject to 
     the prohibitions enumerated in the Constitution of the United 
     States and in laws of the respective States.

     SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.

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

                     ``CHAPTER 6--OFFICIAL LANGUAGE

     ``Sec. 161. Official language of the United States

       ``The official language of the United States 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 functions of Government to be conducted 
       in English

       ``(a) Official Functions.--The official functions of the 
     Government of the United States shall be conducted in 
     English.
       ``(b) Scope.--For the purposes of this section, the term 
     `United States' means the several States and the District of 
     Columbia, and the term `official' refers to any function that 
     (i) binds the Government, (ii) is required by law, or (iii) 
     is otherwise subject to scrutiny by either the press or the 
     public.
       ``(c) Practical Effect.--This section shall apply to all 
     laws, public proceedings, regulations, publications, orders, 
     actions, programs, and policies, but does not apply to--
       ``(1) teaching of languages;
       ``(2) requirements under the Individuals with Disabilities 
     Education Act;
       ``(3) actions, documents, or policies necessary for 
     national security, international relations, trade, tourism, 
     or commerce;
       ``(4) actions or documents that protect the public health 
     and safety;
       ``(5) actions or documents that facilitate the activities 
     of the Bureau of the Census in compiling any census of 
     population;
       ``(6) actions that protect the rights of victims of crimes 
     or criminal defendants; or
       ``(7) using terms of art or phrases from languages other 
     than English.

     ``Sec. 164. Uniform English language rule for naturalization

       ``(a) Uniform Language Testing Standard.--All citizens 
     should be able to read and understand generally the English 
     language text of the Declaration of Independence, the 
     Constitution, and the laws of the United States made in 
     pursuance of the Constitution.
       ``(b) Ceremonies.--All naturalization ceremonies shall be 
     conducted in English.

     ``Sec. 165. Rules of construction

       ``Nothing in this chapter shall be construed--
       ``(1) to prohibit a Member of Congress or any officer or 
     agent of the Federal Government, while performing official 
     functions, from communicating unofficially through any medium 
     with another person in a language other than English (as long 
     as official functions are performed in 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 disparage any language or to discourage any person 
     from learning or using a language; or
       ``(4) to be inconsistent with the Constitution of the 
     United States.

     ``Sec. 166. 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.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 4, United States Code, is amended by 
     inserting after the item relating to chapter 5 the following 
     new item:

                   ``Chapter 6. Official Language''.

     SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE 
                   TEXTS OF THE LAWS OF THE UNITED STATES.

       (a) In General.--Chapter 1 of title 1, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 8. General rules of construction for laws of the 
       United States

       ``(a) English language requirements and workplace policies, 
     whether in the public or private sector, shall be 
     presumptively consistent with the Laws of the United States; 
     and
       ``(b) Any ambiguity in the English language text of the 
     Laws of the United States shall be resolved, in accordance 
     with the last two articles of the Bill of Rights, not to deny 
     or disparage rights retained by the people, and to reserve 
     powers to the States respectively, or to the people.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of title 1, is amended by inserting 
     after the item relating to section 7 the following new item:

``8. General Rules of Construction for Laws of the United States.''.

[[Page S5241]]

     SEC. 5. IMPLEMENTING REGULATIONS.

       The Secretary of Homeland Security shall, within 180 days 
     after the date of enactment of this Act, issue for public 
     notice and comment a proposed rule for uniform testing 
     English language ability of candidates for naturalization, 
     based upon the principles that--
       (1) all citizens should be able to read and understand 
     generally the English language text of the Declaration of 
     Independence, the Constitution, and the laws of the United 
     States which are made in pursuance thereof; and
       (2) any exceptions to this standard should be limited to 
     extraordinary circumstances, such as asylum.

     SEC. 6. EFFECTIVE DATE.

       The amendments made by sections 3 and 4 shall take effect 
     on the date that is 180 days after the date of the enactment 
     of this Act.
                                 ______