Home > 105th Congressional Bills > H.R. 998 (eh) For the relief of Lloyd B. Gamble. ...H.R. 998 (eh) For the relief of Lloyd B. Gamble. ...
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.
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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
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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.
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