To permit Members of Congress to administer the oath of allegiance to applicants for naturalization.

To permit Members of Congress to administer the oath of allegiance to applicants for naturalization. 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) (1) in the subsection heading, by striking Court Authority Authority (2) in paragraph (1)(A)— (A) by inserting , by a Member of, or Delegate or Resident Commissioner to, the Congress, or by an eligible court (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 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 the court (6) in paragraph (2)(A)(ii)(I), by inserting or the Member of, or Delegate or Resident Commissioner to, the Congress such information (7) in paragraph (2)(A)(ii)(II), by inserting or the Member of, or Delegate or Resident Commissioner to, the Congress the court (8) in paragraph (3)(B)— (A) in the subparagraph heading, by striking Authority of attorney general Timing of Exclusive Authority (B) by inserting neither Subject to subparagraph (C), (C) by inserting nor a Member of, or Delegate or Resident Commissioner to, the Congress the Attorney General (D) by striking shall not administer shall administer (b) Oath of renunciation and allegiance Section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 (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, 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) Notwithstanding section 310(b) (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, 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 (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 , Member of, or Delegate or Resident Commissioner to, the Congress, 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 (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. . 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. 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 Attorney General 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).

Summary: Amends the Immigration and Nationality Act to permit each applicant for naturalization to choose to have the oath of allegiance for naturalization administered by a Member of Congress, Delegate, or Resident Commissioner (Member). Limits the administration of the oath: (1) by a Senator to individuals who reside in the Senator's state; and (2) by a Member of the House of Representatives, Delegate, or Resident Commissioner to individuals who reside in the respective congressional district. Limits the Member's authority solely to the administration of such oath. Prohibits a Member from administering the oath during the 90-day period before any election for federal, state, or local office in which the Member is a candidate. Requires a Member to administer the oath only at times and places designated by the Secretary of Homeland Security (DHS). Prohibits a Member from administering the oath during any period in which exclusive authority to administer it may be exercised by an eligible court for the person concerned, unless the court has waived such exclusive authority.