I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONGRESSIONAL ADMINISTRATION OF THE 

4 OATH OF ALLEGIANCE. 

5 (a) NATURALIZATION AUTHORITY.—Section 310(b) 

6 of the Immigration and Nationality Act (8 U.S.C. 

7 1421(b)) is amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘COURT AUTHORITY’’ and inserting ‘‘AUTHORITY’’; 

10 (2) in paragraph (1)(A)— 


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1 (A) by inserting ‘‘, by a Member of, or 

2 Delegate or Resident Commissioner to, the Con3 gress,’’ before ‘‘or by an eligible court’’; and 

4 (B) by adding at the end the following: ‘‘A 

5 Senator shall have the authority to administer 

6 such oath of allegiance only to individuals who 

7 reside in the State the Senator represents. In 

8 the case of a Member of the House of Rep9 resentatives, including a Delegate or Resident 

10 Commissioner to the Congress, the Member 

11 shall have the authority to administer such oath 

12 of allegiance only to individuals who reside in 

13 the congressional district the Member rep14 resents.’’; 

15 (3) in paragraph (1), by adding at the end the 

16 following: 

17 ‘‘(C) LIMITATIONS ON CONGRESSIONAL AU18 THORITY.— 

19 ‘‘(i) EXTENT OF AUTHORITY.—The 

20 authority under this section of a Member 

21 of, or Delegate or Resident Commissioner 

22 to, the Congress is limited solely to the ad23 ministration of the oath of allegiance under 

24 section 337(a). 


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1 ‘‘(ii) PERIOD BEFORE ELECTIONS.—A 

2 Member of, or Delegate or Resident Com3 missioner to, the Congress may not admin4 ister the oath of allegiance under section 

5 337(a) during the 90-day period which 

6 ends on the date of any election for Fed7 eral, State, or local office in which the 

8 Member, Delegate, or Resident Commis9 sioner is a candidate. 

10 ‘‘(iii) TIME AND PLACE OF CERE11 MONY.—A Member of, or Delegate or Resi12 dent Commissioner to, the Congress shall 

13 administer the oath of allegiance under 

14 section 337(a) only at such times and 

15 places as the Secretary of Homeland Secu16 rity may designate.’’; 

17 (4) in paragraph (2)(A), in the matter pre18 ceding clause (i), by inserting ‘‘or a Member of, or 

19 Delegate or Resident Commissioner to, the Con20 gress’’ after ‘‘a court’’; 

21 (5) in paragraph (2)(A)(i), by inserting ‘‘or 

22 subject to paragraph (1)(C)(ii), the Member of, or 

23 Delegate or Resident Commissioner to, the Con24 gress’’ after ‘‘the court’’; 


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1 (6) in paragraph (2)(A)(ii)(I), by inserting ‘‘or 

2 the Member of, or Delegate or Resident Commis3 sioner to, the Congress’’ before ‘‘such information’’; 

4 (7) in paragraph (2)(A)(ii)(II), by inserting ‘‘or 

5 the Member of, or Delegate or Resident Commis6 sioner to, the Congress’’ after ‘‘the court’’; and 

7 (8) in paragraph (3)(B)— 

8 (A) in the subparagraph heading, by strik9 ing ‘‘AUTHORITY OF ATTORNEY GENERAL’’ and 

10 inserting ‘‘TIMING OF EXCLUSIVE AUTHORITY’’; 

11 (B) by inserting ‘‘neither’’ after ‘‘Subject 

12 to subparagraph (C),’’; 

13 (C) by inserting ‘‘nor a Member of, or Del14 egate or Resident Commissioner to, the Con15 gress’’ after ‘‘the Attorney General’’; and 

16 (D) by striking ‘‘shall not administer’’ and 

17 inserting ‘‘shall administer’’. 

18 (b) OATH OF RENUNCIATION AND ALLEGIANCE.— 

19 Section 337 of the Immigration and Nationality Act (8 

20 U.S.C. 1448) is amended— 

21 (1) in the first sentence of subsection (a), by in22 serting ‘‘, the Member of the House of Representa23 tives, including a Delegate or Resident Commis24 sioner to the Congress, who represents the congres25 sional district in which the individual resides, a SenVerDate Mar 15 2010 05:00 Feb 05, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H405.IH H405

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1 ator who represents the State in which the indi2 vidual resides,’’ before ‘‘or a court with jurisdiction’’; 

3 (2) in the first sentence of subsection (c)— 

4 (A) by inserting ‘‘(except to the extent that 

5 such section limits the authority of a Member 

6 of, or Delegate or Resident Commissioner to, 

7 the Congress)’’ after ‘‘Notwithstanding section 

8 310(b)’’; and 

9 (B) by inserting ‘‘, oath administration by 

10 the Member of the House of Representatives, 

11 including a Delegate or Resident Commissioner 

12 to the Congress, who represents the congres13 sional district in which the individual resides or 

14 a Senator who represents the State in which 

15 the individual resides,’’ after ‘‘expedited judicial 

16 oath administration ceremony’’; 

17 (3) in the third sentence of subsection (c), by 

18 inserting ‘‘or oath administration by the Member of, 

19 or Delegate or Resident Commissioner to, the Con20 gress’’ before the period; and 

21 (4) in subsection (c), by adding at the end the 

22 following: ‘‘The authority under this section of a 

23 Member of, or Delegate or Resident Commissioner 

24 to, the Congress shall be subject to section 310(b).’’. 


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1 (c) CERTIFICATE OF NATURALIZATION; CON2 TENTS.—Section 338 of the Immigration and Nationality 

3 Act (8 U.S.C. 1449) is amended by inserting ‘‘, Member 

4 of, or Delegate or Resident Commissioner to, the Con5 gress,’’ after ‘‘location of the official’’. 

6 (d) FUNCTIONS AND DUTIES OF CLERKS AND

7 RECORDS OF DECLARATIONS OF INTENTION AND APPLI8 CATIONS FOR NATURALIZATION.—Section 339 of the Im9 migration and Nationality Act (8 U.S.C. 1450) is amend10 ed by adding at the end the following: 

11 ‘‘(c) In the case of an oath administration by a Mem12 ber of, or Delegate or Resident Commissioner to, the Con13 gress, the functions and duties of clerks of courts de14 scribed in this section shall be undertaken by the Sec15 retary of Homeland Security.’’. 

16 SEC. 2. REGULATORY AUTHORITY. 

17 Not later than the date that is 120 days after the 

18 date of enactment of this Act, the Secretary of Homeland 

19 Security shall issue regulations implementing the amend20 ments made by this Act. 

21 SEC. 3. CLERICAL AMENDMENT. 

22 (a) IN GENERAL.—Each of sections 310, 337, 338, 

23 and 339 of the Immigration and Nationality Act (8 U.S.C. 

24 1421, 1448, 1449, and 1450) is amended by striking ‘‘AtVerDate Mar 15 2010 05:00 Feb 05, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H405.IH H405

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1 torney General’’ each place it appears and inserting ‘‘Sec2 retary of Homeland Security’’. 

3 (b) EXCEPTION.—The amendment made by this sec4 tion shall not affect the authority of any officer or em5 ployee of the Executive Office of Immigration Review (in6 cluding immigration judges (as defined in section 

7 101(b)(4) of the Immigration and Nationality Act)) to ad8 minister the oath of allegiance under section 337(a). 

Æ 


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