[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).
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