Title: English Language Unity Act of 2021
Policy area: Government Operations and Politics

Summary:
English Language Unity Act of 2021
This bill establishes English as the official language of the United States. It establishes a framework for implementation and enforcement, including by testing English as part of the naturalization process.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 678 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 678

 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' 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 SENATE OF THE UNITED STATES

                             March 10, 2021

 Mr. Inhofe (for himself, Mr. Cramer, Mr. Rounds, Mrs. Hyde-Smith, Mr. 
Marshall, and Mrs. Blackburn) introduced the following bill; which was 
   read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 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' 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 
2021''.

SEC. 2. FINDINGS.

    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:

                     ``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--
            ``(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''.

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:
``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.''.
    (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 8 the following:

``9. General rules of construction for laws of the United States.''.

SEC. 5. 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, 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 enactment of this Act.
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