H. R. 997 - the `English Language Unity Act of 2005'

The ORATOR - Bill HR 997 ^ | FR Post 3-29-05 | Mr. KING of Iowa

[vannrox]

  

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109th 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 misconstructions of the English language texts of the laws of the United States, pursuant to Congress's 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

March 1, 2005

Mr. KING of Iowa (for himself, Mr. ISTOOK, Mr. DAVIS of Tennessee, Mrs. JO ANN DAVIS of Virginia, Mr. BAKER, Mr. BURTON of Indiana, Mr. GRAVES, Mr. WILSON of South Carolina, Mr. BARTLETT of Maryland, Mr. CHABOT, Mr. WHITFIELD, Mr. GARY G. MILLER of California, Mr. TAYLOR of Mississippi, Mr. JONES of North Carolina, Mr. PAUL, Mr. NEY, Mr. GOODE, Mrs. MYRICK, Mr. CALVERT, Mr. CULBERSON, Mrs. CAPITO, Mr. DOOLITTLE, Mr. GARRETT of New Jersey, Mr. HAYES, Mr. GUTKNECHT, Mr. ALEXANDER, Mr. JENKINS, Mr. SESSIONS, Mr. WICKER, Mr. WAMP, Mr. GINGREY, Mr. BOOZMAN, Mr. ROGERS of Alabama, Mr. SHUSTER, Mr. RAMSTAD, Mr. TAYLOR of North Carolina, Mr. MCHUGH, Mr. COBLE, Mr. KNOLLENBERG, Ms. GINNY BROWN-WAITE of Florida, Mr. SAM JOHNSON of Texas, Mr. LEWIS of Kentucky, Mr. GOODLATTE, Mr. BONNER, Mr. BOEHNER, Mrs. CUBIN, Mr. PLATTS, Mr. PITTS, Mr. PETRI, Mr. ROHRABACHER, Mr. FORBES, Mr. BACHUS, Mr. KLINE, Mr. MANZULLO, Mr. KINGSTON, Mr. PENCE, Mr. TANCREDO, and Mr. MILLER of Florida) 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 misconstructions of the English language texts of the laws of the United States, pursuant to Congress's 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 2005'.

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 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.

END

[vannrox]

I was unable to locate the broken link to HERE. But this is the substantive portion of the bill. I am posting it because it is very interesting. What have we come to, as a nation, whereas we have to have bills like this?

[peyton randolph]

Should pass. Won't pass. Lack of congressional spines and a president whose sombrero is cutting off circulation.

[doc30]

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.

SO everyone must be able to read and understand the written laws of the United States. Does that mean official, American English will be Legalese?

[Kidan]

ping

[peyton randolph]

 

[Dane]

Hi Peyton, I'm all for this bill and I'm a Bush supporter.

BTW, it isn't Bush that is in the way of establishing English as the national language, it's the courts. It was SCOTUS that mandated ballots in different languages, but you knew that but decided to go the knee jerk bash Bush route.

[OXENinFLA]

PING...

[Dane]

Oh BTW, when are you going to have the picture of Reagan in a sombrero?

Allow free movement of people from Mexico & Canada Reagan himself was a dreamer, capable of imagining a world without trade barriers. In announcing his presidential candidacy in Nov. 1979, he had proposed a “North American accord” in which commerce & people would move freely across the borders of Canada & Mexico. This idea, largely overlooked or dismissed as a campaign gimmick in the US, rankled nationalist sensibilities in the neighboring nations. But Reagan was serious in his proposal. Though he traveled only once outside the North American continent during his first 57 years, he was neither insular nor isolationist. California has windows to the world in Asia, and Reagan thought of the US as a Pacific power as well as an Atlantic one. He also had a Californian’s consciousness of Mexico and an actor’s appreciation of Canadians, who are well-represented in the film community. The dream of a North American accord would drive the successful pursuit of a US-Canadian free trade agreement and a future-oriented “framework” trade agreement with Mexico Source: The Role of a Lifetime, by Lou Cannon, p. 461 Jul 2, 1991

Link

"Mr. Gorbachev tear down this wall." Berlin 1987

[peyton randolph]

you knew that but decided to go the knee jerk bash Bush route.

I voted for Bush in both '00 and '04. That being said, he is way off the mark when it comes to immigration. His fawning over Vicente Fox during last week's summit, together with his reference to the Minutemen as 'vigilantes,' suggests that Bush is clueless when it comes to public sentiment on the government's failure to do anything substantive on immigration. FWIW, I've lived in Mexico. The middle and upper classes frequently refer to dumping the scum of their society on the U.S. and wonder why we put up with it.

[Dane]

His fawning over Vicente Fox during last week's summit, together with his reference to the Minutemen as 'vigilantes,' suggests that Bush is clueless when it comes to public sentiment on the government's failure to do anything substantive on immigration

It's called diplomacy, what did you expect him to do, slap him in the face, you do not know what is being said in meetings. And he is trying to do something about immigration, it's some in Congress who are trying to keep the issue alive to keep those contributions in PACs flowing, IMO.

[pageonetoo]

I voted for Bush in both '00 and '04. That being said, he is way off the mark when it comes to immigration.

Ditto... and bump!

[peyton randolph]

Oh BTW, when are you going to have the picture of Reagan in a sombrero?

Nice try. Reagan never advocated losing total control of our borders. Moreover, nothing in Reagan's conduct or speech ever indicated that he would have (1) put up with the insolence of Vicente Fox chiding a U.S. President or (2) permitted illegal immigration to be a national security threat.

[Dane]

Nice try. Reagan never advocated losing total control of our borders. Moreover, nothing in Reagan's conduct or speech ever indicated that he would have (1) put up with the insolence of Vicente Fox chiding a U.S. President or (2) permitted illegal immigration to be a national security threat

I'm not going to get into a tit for tat match with you. Reagan's words and policies(free trade and opposition towards walls) stand for themselves.

[peyton randolph]

what did you expect him to do, slap him in the face, you do not know what is being said in meetings.

At the press conference, Fox was smirking and shaking his head as Bush talked. W should have turned to Fox and said, "If you don't like it, get the hell back to Mexico and take 10 million illegals with you...ungrateful clymer." Instead, Bush lets Fox get away with it. This isn't diplomacy. It is being a big p*ssy when it comes to standing up for U.S. national interests.

I realize that George P. Bush is being groomed as the Great Latino Hope of the GOP but we shouldn't lose control of our borders in a pandering effort.

[peyton randolph]

Reagan's words and policies(free trade and opposition towards walls) stand for themselves.

There is a difference between free trade and immigration. Reagan stood for the former. I'll wait for you to provide evidence he stood for unlimited illegal immigration too.

[pageonetoo]

It's called diplomacy, what did you expect him to do, slap him in the face,

"Mr. Gorbachev tear down this wall." Berlin 1987- RR, already quoted (post #7), and you evidently ignored that little bit of "diplomacy"!...

President Bush is more of a panderbear, or enabler, it seems!

Bump for our Minutemen!

[Sen Jack S. Fogbound]

I'm all for this bill. There has been enough watering down the English language (American Style) thru the mixture of other cultures and all that confuses everybody as to the meaning of the laws, rulings, news, and even school!

This country is built by immigrants who came over and learned English so they can take part of what it had to offer.