113 HR 405 IH: To permit Members of Congress to administer the oath of allegiance to applicants for naturalization.
U.S. House of Representatives
2013-01-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Congressional administration
of the oath of allegiance
(a)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)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)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 ceremonyA 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 allegianceSection 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; contentsSection 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
naturalizationSection 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.
.
2.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.
3.
(a)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)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).