HR 249
112th CONGRESS
1st Session
H. R. 249
To permit Members of Congress to administer the oath of allegiance
to applicants for naturalization.
IN THE HOUSE OF REPRESENTATIVES
January 7, 2011
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).
END
