1.This Act may be cited as the
English Language Unity Act of
2011
.
2.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.
3.English as
official language of the United States
(a)Title 4, United States Code, is amended by adding at the
end the following new chapter:
6
161.Official
language of the United StatesThe official language of the United States
is English.
162.Preserving and
enhancing the role of the official languageRepresentatives 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.
163.Official
functions of Government to be conducted in English
(a)The official functions of the Government of the United
States shall be conducted in English.
(b)For
the purposes of this section—
(1)the term
United States means the several States and the District of
Columbia; and
(2)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.
(c)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.
164.Uniform English
language rule for naturalization
(a)Uniform language
testing standardAll 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)All
naturalization ceremonies shall be conducted in English.
165.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.
166.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)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
.
4.General rules of
construction for English language texts of the Laws of the United
States
(a)Chapter 1 of title 1, United
States Code, is amended by adding at the end the following new section:
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.
(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)The table of sections at the beginning of chapter 1 of
title 1, 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.
.
5.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.
6.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.