official english legislation

[Dennis Baron]

FYI, HR 1984, the "English Language Unity Act of 2001," was introduced into
the House on May 24. A copy of the bill follows:


English Language Unity Act of 2001 (Introduced in the House)
HR 1984 IH
107th CONGRESS
1st Session
H. R. 1984
To reaffirm English as the official language of the United States, to
establish a uniform English language rule for naturalization, and to avoid
mis-constructions 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 HOUSE OF REPRESENTATIVES
May 24, 2001
Mr. BARR of Georgia (for himself, Mr. HALL of Texas, Mr. JENKINS, Mr. SHOWS,
and Mr. COBLE) 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

A BILL
To reaffirm 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 2001'.
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. 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. 163. 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. 164. 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 other than English or
to discourage any person from learning or using a language other than
English; or
                        `(4) to be inconsistent with the Constitution of the
United States.'.
        (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 Department of Justice 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 (a) 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 (b) 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 enactment of this Act.

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Dennis Baron, Head                       debaron at uiuc.edu
Department of English                            217-333-2390
University of Illinois                          fax: 217-333-4321
608 S. Wright St.      http://www.english.uiuc.edu/baron
Urbana, IL 61801