S.Amdt. 2833

SA 2833. Mr. MORENO submitted an amendment intended to be proposed by
him to the bill H.R. 1, to provide for reconciliation pursuant to title
II of H. Con. Res. 14; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. 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:

``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) Scope.--For the purposes of this section--
``(1) the term `official' refers to any function that--
``(A) binds the Government;
``(B) is required by law; or
``(C) is otherwise subject to scrutiny by either the press
or the public; and
``(2) the term `United States' means the several States and
the District of Columbia.
``(b) Official Functions.--The official functions of the
Government of the United States shall be conducted in
English.
``(c) Practical Effect.--This section--
``(1) shall apply to all laws, public proceedings,
regulations, publications, orders, actions, programs, and
policies; and
``(2) shall not apply to--
``(A) teaching of languages;
``(B) requirements under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(C) actions, documents, or policies necessary for
national security, international relations, trade, tourism,
or commerce;
``(D) actions or documents that protect the public health
and safety;
``(E) actions or documents that facilitate the activities
of the Bureau of the Census in compiling any census of
population;
``(F) actions that protect the rights of victims of crimes
or criminal defendants; or
``(G) 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 of
the United States should be able to read and understand
generally the English language text of the Declaration of
Independence, the Constitution of the United States, and the
laws of the United States made in pursuance of the
Constitution of the United States.
``(b) Ceremonies.--All naturalization ceremonies shall be
conducted in English.

``Sec. 165. Rules of construction

``Nothing in this chapter shall be construed--

[[Page S4142]]

``(1) to prohibit a Member of Congress or any officer or
agent of the Federal Government, while performing official
functions under section 163, 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 (25 U.S.C. 2901 et seq.));
``(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:

``Chapter 6. Official Language''.

(c) General Rules of Construction for English Language
Texts of the Laws of the United States.--
(1) In general.--Chapter 1 of title 1, United States Code,
is amended by adding at the end the following:

``Sec. 9. 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.
``(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.''.
(2) 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 8 the
following:

``9. General rules of construction for laws of the United States.''.
(d) Implementing Regulations.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall issue for public notice and comment a
proposed rule for uniform testing English language ability of
candidates for naturalization, which shall be based upon the
principles that--
(1) all citizens of the United States should be able to
read and understand generally the English language text of
the Declaration of Independence, the Constitution of the
United States, and the laws of the United States which are
made in pursuance thereof; and
(2) any exceptions to the standard described in paragraph
(1) should be limited to extraordinary circumstances.
(e) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall take effect on the date that is 180
days after the date of enactment of this Act.
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