Remote Naturalization Act

Remote Naturalization Act

This bill requires the Department of Homeland Security to establish procedures to provide for remote oath ceremonies for naturalization, including through the use of videoconferencing technology.

Under this bill, the option to participate in a remote oath ceremony shall be available to an individual with an approved naturalization application who is unable to attend a ceremony in person, including if in-person ceremonies have been cancelled due to a declared national emergency.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4858 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4858

       To permit remote oath ceremonies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2021

Mrs. Torres of California (for herself, Mr. Espaillat, and Mr. Correa) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To permit remote oath ceremonies, and for other purposes.

    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 ``Remote Naturalization Act''.

SEC. 2. ACCOMMODATIONS FOR NATURALIZATION OATH CEREMONIES.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting after section 337 the following:

``SEC. 337A. REMOTE OATH CEREMONIES.

    ``(a) Remote Oath Ceremonies.--Not later than 30 days after the 
date of the enactment of this section, the Secretary of Homeland 
Security shall establish procedures for the administration of the oath 
of renunciation and allegiance under section 337 using remote 
videoconferencing, or other remote means for individuals who cannot 
reasonably access, understand, or use remote videoconferencing, as an 
alternative to an in-person oath ceremony.
    ``(b) Eligible Individuals.--Notwithstanding section 310(b), an 
individual may complete the naturalization process by participating in 
a remote oath ceremony conducted pursuant to subsection (a) if such 
individual--
            ``(1) has an approved application for naturalization;
            ``(2) is unable otherwise to complete the naturalization 
        process due to--
                    ``(A) the cancellation or suspension of in-person 
                oath ceremonies during--
                            ``(i) a national emergency declared by the 
                        President under the National Emergencies Act 
                        (50 U.S.C. 1601 et seq.);
                            ``(ii) an emergency or major disaster 
                        declared by the President under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.);
                            ``(iii) a public health emergency declared 
                        by the Secretary of Health and Human Services 
                        under section 319 of the Public Health Service 
                        Act (42 U.S.C. 247d); or
                            ``(iv) any emergency that, in the judgment 
                        of the Secretary of Homeland Security, is 
                        appropriate for the cancellation or suspension 
                        of such ceremonies; or
                    ``(B) the inability of the individual to attend the 
                ceremony in person; and
            ``(3) elects to participate in a remote oath ceremony in 
        lieu of waiting for an in-person ceremony.
    ``(c) Additional Requirements.--Upon establishing the procedures 
described in subsection (a), the Secretary of Homeland Security shall--
            ``(1) without undue delay, provide written notice to 
        individuals described in subsection (b)(1) of the option of 
        participating in a remote oath ceremony in lieu of a 
        participating in an in-person ceremony;
            ``(2) to the greatest extent practicable, ensure that 
        remote oath ceremonies are administered to individuals who 
        elect to participate in such a ceremony not later than 30 days 
        after the individual so notifies the Secretary; and
            ``(3) administer oath ceremonies to all other eligible 
        individuals as expeditiously as possible after the end of the 
        public health emergency referred to in subsection (b)(2).
    ``(d) Clarification.--Failure to appear for a remote oath ceremony 
shall not create a presumption that the individual has abandoned his or 
her intent to be naturalized.
    ``(e) Report to Congress.--Not later than 1 year after the date of 
enactment of this section, and each year thereafter, the Secretary of 
Homeland Security shall submit a report to Congress that identifies, 
for each State and political subdivision of a State, the number of--
            ``(1) individuals who were scheduled for an in-person oath 
        ceremony that was cancelled due to an emergency described in 
        subsection (b)(2)(A);
            ``(2) individuals who elected to participate in a remote 
        oath ceremony in lieu of an in-person public ceremony;
            ``(3) individuals who completed the naturalization process 
        by participating in a remote oath ceremony; and
            ``(4) remote oath ceremonies that were conducted in the 
        previous year.
    ``(f) Funding.--In addition to any funds appropriated to carry out 
this section, the Secretary of Homeland Security may use funds from the 
Immigration Examinations Fee Account under section 286(m) to carry out 
this section.''.
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