IIB 

111TH CONGRESS 

2D SESSION H. R. 4862 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2010 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 


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HR 4862 RFS

1 SECTION 1. CONGRESSIONAL ADMINISTRATION OF THE 

2 OATH OF ALLEGIANCE. 

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

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

5 1421(b)) is amended— 

6 (1) in the subsection heading, by striking 

7 ‘‘COURT AUTHORITY’’ and inserting ‘‘AUTHORITY’’; 

8 (2) in paragraph (1)(A)— 

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

10 Delegate or Resident Commissioner to, the Con11 gress,’’ before ‘‘or by an eligible court’’; and 

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

13 Senator shall have the authority to administer 

14 such oath of allegiance only to individuals who 

15 reside in the State the Senator represents. In 

16 the case of a Member of the House of Rep17 resentatives, including a Delegate or Resident 

18 Commissioner to the Congress, the Member 

19 shall have the authority to administer such oath 

20 of allegiance only to individuals who reside in 

21 the congressional district the Member rep22 resents.’’; 

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

24 following: 

25 ‘‘(C) LIMITATIONS ON CONGRESSIONAL AU26 THORITY.— 


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HR 4862 RFS

1 ‘‘(i) EXTENT OF AUTHORITY.—The 

2 authority under this section of a Member 

3 of, or Delegate or Resident Commissioner 

4 to, the Congress is limited solely to the ad5 ministration of the oath of allegiance under 

6 section 337(a). 

7 ‘‘(ii) PERIOD BEFORE ELECTIONS.—A 

8 Member of, or Delegate or Resident Com9 missioner to, the Congress may not admin10 ister the oath of allegiance under section 

11 337(a) during the 90-day period which 

12 ends on the date of any election for Fed13 eral, State, or local office in which the 

14 Member, Delegate, or Resident Commis15 sioner is a candidate. 

16 ‘‘(iii) TIME AND PLACE OF CERE17 MONY.—A Member of, or Delegate or Resi18 dent Commissioner to, the Congress shall 

19 administer the oath of allegiance under 

20 section 337(a) only at such times and 

21 places as the Secretary of Homeland Secu22 rity may designate.’’; 

23 (4) in paragraph (2)(A), in the matter pre24 ceding clause (i), by inserting ‘‘or a Member of, or 


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HR 4862 RFS

1 Delegate or Resident Commissioner to, the Con2 gress’’ after ‘‘a court’’; 

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

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

5 Delegate or Resident Commissioner to, the Con6 gress’’ after ‘‘the court’’; 

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

8 the Member of, or Delegate or Resident Commis9 sioner to, the Congress’’ before ‘‘such information’’; 

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

11 the Member of, or Delegate or Resident Commis12 sioner to, the Congress’’ after ‘‘the court’’; and 

13 (8) in paragraph (3)(B)— 

14 (A) in the subparagraph heading, by strik15 ing ‘‘AUTHORITY OF ATTORNEY GENERAL’’ and 

16 inserting ‘‘TIMING OF EXCLUSIVE AUTHORITY’’; 

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

18 to subparagraph (C),’’; 

19 (C) by inserting ‘‘nor a Member of, or Del20 egate or Resident Commissioner to, the Con21 gress’’ after ‘‘the Attorney General’’; and 

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

23 inserting ‘‘shall administer’’. 


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HR 4862 RFS

1 (b) OATH OF RENUNCIATION AND ALLEGIANCE.— 

2 Section 337 of the Immigration and Nationality Act (8 

3 U.S.C. 1448) is amended— 

4 (1) in the first sentence of subsection (a), by in5 serting ‘‘, the Member of the House of Representa6 tives, including a Delegate or Resident Commis7 sioner to the Congress, who represents the congres8 sional district in which the individual resides, a Sen9 ator who represents the State in which the indi10 vidual resides,’’ before ‘‘or a court with jurisdiction’’; 

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

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

13 such section limits the authority of a Member 

14 of, or Delegate or Resident Commissioner to, 

15 the Congress)’’ after ‘‘Notwithstanding section 

16 310(b)’’; and 

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

18 the Member of the House of Representatives, 

19 including a Delegate or Resident Commissioner 

20 to the Congress, who represents the congres21 sional district in which the individual resides or 

22 a Senator who represents the State in which 

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

24 oath administration ceremony’’; 


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

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

3 or Delegate or Resident Commissioner to, the Con4 gress’’ before the period; and 

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

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

7 Member of, or Delegate or Resident Commissioner 

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

9 (c) CERTIFICATE OF NATURALIZATION; CON10 TENTS.—Section 338 of the Immigration and Nationality 

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

12 of, or Delegate or Resident Commissioner to, the Con13 gress,’’ after ‘‘location of the official’’. 

14 (d) FUNCTIONS AND DUTIES OF CLERKS AND

15 RECORDS OF DECLARATIONS OF INTENTION AND APPLI16 CATIONS FOR NATURALIZATION.—Section 339 of the Im17 migration and Nationality Act (8 U.S.C. 1450) is amend18 ed by adding at the end the following: 

19 ‘‘(c) In the case of an oath administration by a Mem20 ber of, or Delegate or Resident Commissioner to, the Con21 gress, the functions and duties of clerks of courts de22 scribed in this section shall be undertaken by the Sec23 retary of Homeland Security.’’. 


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1 SEC. 2. REGULATORY AUTHORITY. 

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

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

4 Security shall issue regulations implementing the amend5 ments made by this Act. 

6 SEC. 3. CLERICAL AMENDMENT. 

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

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

9 1421, 1448, 1449, and 1450) is amended by striking ‘‘At10 torney General’’ each place it appears and inserting ‘‘Sec11 retary of Homeland Security’’. 

12 (b) EXCEPTION.—The amendment made by this sec13 tion shall not affect the authority of any officer or em14 ployee of the Executive Office of Immigration Review (in15 cluding immigration judges (as defined in section 

16 101(b)(4) of the Immigration and Nationality Act)) to ad17 minister the oath of allegiance under section 337(a). 

Passed the House of Representatives September 15, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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