[Congressional Record Volume 156, Number 124 (Wednesday, September 15, 2010)]
[House]
[Pages H6729-H6731]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PERMITTING MEMBERS OF CONGRESS TO ADMINISTER THE OATH OF ALLEGIANCE TO 
                     APPLICANTS FOR NATURALIZATION

  Mr. COHEN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4862) to permit Members of Congress to administer the oath of 
allegiance to applicants for naturalization, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4862

       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

[[Page H6730]]

     administer the oath of allegiance under section 337(a).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Cohen) and the gentleman from Texas (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. COHEN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
add extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. COHEN. I yield myself such time as I may consume.
  H.R. 4862, introduced by Mr. Serrano of New York, will allow Members 
of Congress to administer the oath of allegiance to naturalizing U.S. 
citizens.
  The naturalization ceremony is a crucial landmark for immigrants. 
They have waited patiently to immigrate to the United States and have 
worked hard once they got here and have faithfully fulfilled all their 
obligations to this country that they have chosen to adopt as their 
home.
  In applying to become U.S. citizens, they have made the choice to 
become full participating members of our community. Currently, only 
judges or certain officials in the Department of Justice, the 
Department of Homeland Security, are allowed to administer the oath of 
allegiance at naturalization ceremonies.
  H.R. 4862 would allow Members of Congress to participate meaningfully 
in these solemn occasions by allowing them to administer the oath of 
allegiance at naturalization ceremonies. I have attended many. They are 
wonderful, heartfelt programs; and I think that the oath being given by 
a recognized public official such as a Member of Congress would mean 
much to the people that are becoming American citizens.
  The bill, as amended, clarifies the role of a Member of Congress, the 
naturalization process that will be limited to administering the oath 
of allegiance. Furthermore, it prohibits a Member of Congress from 
administering the oath of allegiance within 90 days of any election in 
which he or she is a candidate to prevent even the appearance of any 
possible undue influence upon the election.
  I commend our colleague, Jose Serrano, for his leadership in 
introducing this bill and thank Ranking Member Lamar Smith and 
Immigration Subcommittee Chair Zoe Lofgren for their support of this 
measure. I urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, first of all, I want to compliment Congressman Serrano 
for his creative idea to allow Members to administer the oath of 
allegiance to individuals being naturalized as citizens.
  H.R. 4862 gives Members of Congress the ability to play a significant 
role in the naturalization ceremony, which can be and should be an 
inspiring experience for those becoming U.S. citizens.
  Citizenship is the highest honor our Nation can bestow and 
naturalization ceremonies give us the opportunity to honor individuals 
who have come to contribute to America. Americans who take the oath of 
allegiance know the importance of swearing to ``support and defend the 
Constitution and laws of the United States of America against all 
enemies, foreign and domestic.'' It is a solemn, yet joyful and 
patriotic, experience.
  I appreciate the majority leader and Congressman Serrano making some 
improvements to the initial bill. The revised language clarifies that 
Members, whether Representatives or Senators, can only administer the 
oath to individuals from their own congressional district or, in the 
case of Senators, from their own State.
  In order to prevent this privilege from being used for political 
purposes, no Member can administer the oath of allegiance during the 90 
days prior to any election in which that Member is a candidate. The 90-
day period parallels the House rules that prohibit House-funded 
mailings 90 days before an election.
  And, finally, I requested that language be added to ensure that the 
Member can only administer the oath at a naturalization ceremony set 
up, conducted, and overseen by the Department of Homeland Security, 
which is the current practice.
  The many redrafts of the language do show why legislation should be 
subjected to proper process where Members can participate in hearings 
and learn from experts in the issue area.
  I urge my colleagues to support this legislation, which gives Members 
of Congress the ability to more fully participate in naturalization 
ceremonies. It is appropriate for Members of Congress, who wrote our 
naturalization laws, to play an expanded role in helping individuals 
become a part of the most free and most prosperous country in the 
world.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COHEN. Mr. Speaker, I yield such time as he may consume to the 
author of this legislation, Mr. Serrano of the great State of New York 
and the home of the Yankees and Frank Sinatra across the river.

                              {time}  1640

  (Mr. SERRANO asked and was given permission to revise and extend his 
remarks.)
  Mr. SERRANO. I thank the gentleman for the time, and I thank Mr. 
Smith for his kind words and his support of the bill and his 
suggestions to change the bill.
  Any Member of Congress, any American for that matter, who has ever 
been to one of these ceremonies knows that there is no greater joy seen 
anywhere than when folks dress up and come with their American flags to 
become American citizens. It is really a wonderful event. I have had 
the opportunity to attend a few and have seen the joy and the pride. 
Usually, one person is becoming a citizen, but he or she will bring 25 
members of the family, whether they are citizens or not, because it is 
that kind of an occasion.
  It is also an occasion where they, for the first time, really get to 
see government up close in that the people that are invited there are 
from the community, but they are government officials and so on. So up 
to now--if this bill becomes law--the only people allowed to administer 
the oath, as has been said, are judges or members of the 
administration. This bill would allow Members of Congress and Senators 
to administer that oath.
  Now, while the bill does not speak directly to this issue, I will 
tell you how this idea came about. A member of my community came to me 
and said, Guess what? I'm going to become a citizen, and I want you to 
swear me in. I want you to administer the oath.
  And I was touched. I said, My God, that you would want me to help you 
become an American, something that I and so many of us have by birth, 
since birth, it's a great honor for me.
  Then it dawned on me. I said, I should check with staff to see if I'm 
allowed to do this. And I found out that I'm not allowed to do it.
  Now, it won't be that it would take care of that situation of one 
individual asking for it, but as has been said here, we will not--and 
this is the change Mr. Smith was so good at including. We will be 
invited to ceremonies, as we are now. The ceremonies will be set up by 
Homeland Security. We will not pick the date, the place, or who is 
going to get sworn in. But when we're invited now, the possibility is 
open for the administration officials to say, Why don't you join us in 
administering the oath, or, Why don't you administer the oath.
  And I will tell you again that I don't know that there is a greater 
honor for someone to become a citizen and a greater honor for us on 
some occasions to be able to administer the oath. So the changes that 
are made, because there will be some questions about it, I think are 
strong changes. They comply with rules that say that none of these 
ceremonies should ever be politicized. But I really think that as 
people are being sworn in, to have present a Senator, a Member of 
Congress, and every so often to have them administer the oath only 
strengthens the bond between these new Americans and their government, 
a fuller understanding. After all, we are a question on the immigration 
test. A lot of people don't know that one of the questions on the

[[Page H6731]]

immigration test is: Who is your Congressman? Do you know who your 
Congressman is? Some don't pass that question; others do pass.
  It is a great honor. There is not much more to say. It is a simple 
thought that should have been taken care of a long time ago, and I'm 
looking forward to the day when I'm invited to a ceremony and I can 
administer the oath to someone.
  So I thank all the Members, and I hope that this bill can pass and 
become law.
  Mr. KENNEDY. Will the gentleman yield?
  Mr. SERRANO. I yield to the gentleman from Rhode Island.
  Mr. KENNEDY. I just want to take this opportunity to thank you for 
your work on making sure that those who are American citizens, over 
4\1/2\ million Americans are Americans but don't enjoy the full rights 
of Americans because of where they live, on an island called Puerto 
Rico, where people think that you need a passport to get there. It is 
an American territory. And by virtue of being a territory, people on 
Puerto Rico do not have full voting rights power.
  And your work not just on this, what may be considered a ceremonial 
thing, but your work to ensure this country fulfills its obligations to 
treat all Americans with full liberty and their enfranchisement granted 
under the Constitution is so much something I think needs to be 
acknowledged. It's great to swear people in, but let's make sure we 
also guarantee those rights that we already guaranteed Americans, like 
the 4 million Americans in Puerto Rico or those who live here in the 
District of Columbia or in any of the territories around the world that 
are of American domain.
  Mr. SERRANO. Reclaiming my time, the gentleman brings up an 
interesting point that we have discussed at other times on this floor.
  I must say that I neglected to mention that the bill also includes 
Delegates and the Resident Commissioner to be able to administer the 
oath of office. So, interestingly enough, in the territories, new 
Americans will become citizens on that day with the participation of 
the Resident Commissioner or the Delegates.
  So, again, thank you. And all this is an extension of the celebration 
of, as you have said, Mr. Smith, probably the greatest honor this 
country gives anyone, which is to become an American citizen. Thank you 
so much.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, I want to compliment Congressman Serrano and Congressman 
Kennedy as well. They so beautifully described why these naturalization 
ceremonies are so important and why they are so meaningful to our 
newest citizens.
  I have no further requests for time, and I yield back the balance of 
my time.
  Mr. COHEN. I yield back the balance of my time and ask that we pass 
the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules 
and pass the bill, H.R. 4862, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________