Amends the Immigration and Nationality Act to permit each applicant for naturalization to choose to have the oath of allegiance for naturalization administered by a Member of Congress, Delegate, or Resident Commissioner (Member).
Limits the administration of the oath: (1) by a Senator to individuals who reside in the Senator's state; and (2) by a Member of the House of Representatives, Delegate, or Resident Commissioner to individuals who reside in the respective congressional district.
Limits the Member's authority solely to the administration of such oath.
Prohibits a Member from administering the oath during the 90-day period before any election for federal, state, or local office in which the Member is a candidate.
Requires a Member to administer the oath only at times and places designated by the Secretary of Homeland Security (DHS).
Prohibits a Member from administering the oath during any period in which exclusive authority to administer it may be exercised by an eligible court for the person concerned, unless the court has waived such exclusive authority.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 405 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 405
To permit Members of Congress to administer the oath of allegiance to
applicants for naturalization.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2013
Mr. Serrano introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To permit Members of Congress to administer the oath of allegiance to
applicants for naturalization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL ADMINISTRATION OF THE OATH OF ALLEGIANCE.
(a) Naturalization Authority.--Section 310(b) of the Immigration
and Nationality Act (8 U.S.C. 1421(b)) is amended--
(1) in the subsection heading, by striking ``Court
Authority'' and inserting ``Authority'';
(2) in paragraph (1)(A)--
(A) by inserting ``, by a Member of, or Delegate or
Resident Commissioner to, the Congress,'' before ``or
by an eligible court''; and
(B) by adding at the end the following: ``A Senator
shall have the authority to administer such oath of
allegiance only to individuals who reside in the State
the Senator represents. In the case of a Member of the
House of Representatives, including a Delegate or
Resident Commissioner to the Congress, the Member shall
have the authority to administer such oath of
allegiance only to individuals who reside in the
congressional district the Member represents.'';
(3) in paragraph (1), by adding at the end the following:
``(C) Limitations on congressional authority.--
``(i) Extent of authority.--The authority
under this section of a Member of, or Delegate
or Resident Commissioner to, the Congress is
limited solely to the administration of the
oath of allegiance under section 337(a).
``(ii) Period before elections.--A Member
of, or Delegate or Resident Commissioner to,
the Congress may not administer the oath of
allegiance under section 337(a) during the 90-
day period which ends on the date of any
election for Federal, State, or local office in
which the Member, Delegate, or Resident
Commissioner is a candidate.
``(iii) Time and place of ceremony.--A
Member of, or Delegate or Resident Commissioner
to, the Congress shall administer the oath of
allegiance under section 337(a) only at such
times and places as the Secretary of Homeland
Security may designate.'';
(4) in paragraph (2)(A), in the matter preceding clause
(i), by inserting ``or a Member of, or Delegate or Resident
Commissioner to, the Congress'' after ``a court'';
(5) in paragraph (2)(A)(i), by inserting ``or subject to
paragraph (1)(C)(ii), the Member of, or Delegate or Resident
Commissioner to, the Congress'' after ``the court'';
(6) in paragraph (2)(A)(ii)(I), by inserting ``or the
Member of, or Delegate or Resident Commissioner to, the
Congress'' before ``such information'';
(7) in paragraph (2)(A)(ii)(II), by inserting ``or the
Member of, or Delegate or Resident Commissioner to, the
Congress'' after ``the court''; and
(8) in paragraph (3)(B)--
(A) in the subparagraph heading, by striking
``Authority of attorney general'' and inserting
``Timing of exclusive authority'';
(B) by inserting ``neither'' after ``Subject to
subparagraph (C),'';
(C) by inserting ``nor a Member of, or Delegate or
Resident Commissioner to, the Congress'' after ``the
Attorney General''; and
(D) by striking ``shall not administer'' and
inserting ``shall administer''.
(b) Oath of Renunciation and Allegiance.--Section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448) is amended--
(1) in the first sentence of subsection (a), by inserting
``, the Member of the House of Representatives, including a
Delegate or Resident Commissioner to the Congress, who
represents the congressional district in which the individual
resides, a Senator who represents the State in which the
individual resides,'' before ``or a court with jurisdiction'';
(2) in the first sentence of subsection (c)--
(A) by inserting ``(except to the extent that such
section limits the authority of a Member of, or
Delegate or Resident Commissioner to, the Congress)''
after ``Notwithstanding section 310(b)''; and
(B) by inserting ``, oath administration by the
Member of the House of Representatives, including a
Delegate or Resident Commissioner to the Congress, who
represents the congressional district in which the
individual resides or a Senator who represents the
State in which the individual resides,'' after
``expedited judicial oath administration ceremony'';
(3) in the third sentence of subsection (c), by inserting
``or oath administration by the Member of, or Delegate or
Resident Commissioner to, the Congress'' before the period; and
(4) in subsection (c), by adding at the end the following:
``The authority under this section of a Member of, or Delegate
or Resident Commissioner to, the Congress shall be subject to
section 310(b).''.
(c) Certificate of Naturalization; Contents.--Section 338 of the
Immigration and Nationality Act (8 U.S.C. 1449) is amended by inserting
``, Member of, or Delegate or Resident Commissioner to, the Congress,''
after ``location of the official''.
(d) Functions and Duties of Clerks and Records of Declarations of
Intention and Applications for Naturalization.--Section 339 of the
Immigration and Nationality Act (8 U.S.C. 1450) is amended by adding at
the end the following:
``(c) In the case of an oath administration by a Member of, or
Delegate or Resident Commissioner to, the Congress, the functions and
duties of clerks of courts described in this section shall be
undertaken by the Secretary of Homeland Security.''.
SEC. 2. REGULATORY AUTHORITY.
Not later than the date that is 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall issue
regulations implementing the amendments made by this Act.
SEC. 3. CLERICAL AMENDMENT.
(a) In General.--Each of sections 310, 337, 338, and 339 of the
Immigration and Nationality Act (8 U.S.C. 1421, 1448, 1449, and 1450)
is amended by striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
(b) Exception.--The amendment made by this section shall not affect
the authority of any officer or employee of the Executive Office of
Immigration Review (including immigration judges (as defined in section
101(b)(4) of the Immigration and Nationality Act)) to administer the
oath of allegiance under section 337(a).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration And Border Security.
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