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108th CONGRESS
1st Session
H.
R. 997
To declare English as the official language
of the United States, to establish a uniform English language
rule for naturalization, and to avoid mis-constructions 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 uniform rule of naturalization
under article I, section 8, of the Constitution.
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. KING of Iowa 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 jurisdiction
of the committee concerned
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 mis-constructions 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 uniform rule of naturalization under article
I, section 8, of the Constitution.
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 2003'.
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, United States Code,
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.'.
SEC. 5. IMPLEMENTING REGULATIONS.
The Department of Justice 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 (a) 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 (b) 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. |
