102d CONGRESS

1st Session

H. R. 123

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

January 3, 1991

Mr. Emerson (for himself, Mr. Skelton, Mr. Dickinson, Mr. Myers of Indiana, Mr. Ireland, Mr. Montgomery, Mr. Hyde, Mr. Dannemeyer, Mr. Hastert, Mr. Hutto, Mr. Bliley, Mr. Wiley, Mr. Ravenel, Mr. Callahan, Mr. Inhofe, Mr. Duncan, Mr. Lowery of California, Mr. Herger, Mr. Broomfield, Mr. Bevill, Mr. Gallo, Mr. Roberts, Mr. Moorhead, Mr. Slaughter of Virginia, Mr. Lipinski, Mr. Pickett, Mr. Petri, Mr. Armey, Mr. Bereuter, Mr. Spence, Mr. Upton, Mr. McCandless, Mr. Kasich, Mr. Bateman, Mr. Miller of Ohio, Mr. Lewis of California, Mr. Porter, Mr. Hancock, and Mr. Clement) introduced the following bill; which was referred to the Committee on Education and Labor

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 ``Language of Government Act of 1991''.

SEC. 2. FINDINGS AND PURPOSE.

The Nation has benefited throughout its history by using the common language of English. The Congress finds and declares that English, the language of opportunity, should be recognized in law as the official language of the United States. The purpose of this Act (and the amendments made by this Act) is to maintain the benefits of a single official language of the Government of the United States. There is no intent to discriminate against or restrict the rights of any individual in the United States. Except where an existing law of the United States directly contravenes this Act (or the amendments made by this Act) (such as by requiring the use of a language other than English for an official act of Government of the United States), no implied repeal of existing laws of the United States is intended.

SEC. 3. 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 official language.

``163. Official Government activities in English.

``164. Antidiscrimination provisions.

``165. Standing.

``166. Definitions.

"§ 161. Declaration of official language

"The official language of the Government of the United States is Englsh.

"§ 162. Preserving and enhancing the role of the official language

"The Government shall have an affirmative obligation to protect, preserve, and enhance the role of English as the official language of the United States.

"§ 163. Government activities in English

"(a) DENIAL OF SERVICES.--No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Government solely because the person communicates in English.

"(b) ENTITLEMENT.--Every person in the United States is entitled to--

"(1) communicate with the Government in English;

"(2) receive information from or contribute information to the Government in English; and

"(3) be informed of or be subject to official orders in English.

"(c) RESTRICTIONS.--No entity to which this chapter applies shall make or enforce an official act that requires the use of a language other than English.

"§ 164. Antidiscrimination provisions

"Any person in the United States discriminated against solely because the person communicates to the Government in English shall be considered to have been discriminated against on the basis of national origin, and all lawful remedies available under section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e) shall be available to a person so discriminated against.

"§ 165. Standing

"Any resident of the United States (including a corporation) alleging a violation of this chapter shall have standing to sue in the courts of the United States under sections 2201 and 2202 of title 28, United States Code, and for such other relief as may be considered appropriate by the courts (including attorneys' fees under section 2412 of title 28, United States Code, or similar statutes).

"§ 166. Definitions

For purposes of this chapter:

"(1) GOVERNMENT.--The term 'Government' means all branches of the Government of the United States and all employees and officials of the Government of the United States while performing official acts.

"(2) OFFICIAL.--The term 'official' means governmental actions, documents, or policies that are enforceable with full weight and authority of the Government, but does not include--

"(A) actions, documents, or policies that are purely informational or educational;

"(B) actions, documents, or policies that are not enforceable in the United States;

"(C) actions that protect the public health or safety;

"(D) actions that protect the rights of victims of crimes or criminal defendants; and

"(E) documents that utilize terms of art or phrases from languages other than English".

(b) CLERICAL AMENDMENT.--The talbe 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. 4. PREEMPTION.

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

SEC. 5. EFFECTIVE DATE.

This Act (and the amendments made by this Act) shall take effect upon the date of the enactment of this Act, except that no suit may be commenced to enforce or determine rights created by this Act (or amendments) until the expiration of not less than 90 days after the date of enactment of this Act.

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