OATHS Act

To direct the Clerk of the House of Representatives to provide Members-elect of the House with written copies of the oath of office prior to the first session of a Congress and to provide that a Member-elect who signs such copies shall be considered to have taken the oath of office. 1. Short title This Act may be cited as the Ordering Authentication in The House’s Swearing-in Act OATHS Act 2. Use of signed written copy for taking oath of office by Members of House of Representatives (a) In general Section 30 of the Revised Statutes of the United States ( 2 U.S.C. 25 (1) by striking the first undesignated paragraph; and (2) by striking the remaining paragraph and inserting the following: (a) Provision of written oath of office by Clerk Prior to the first session of Congress after every general election of Representatives, the Clerk of the House of Representatives shall cause the oath of office to be printed and shall furnish 2 copies to each Representative-elect, Delegate-elect, and Resident Commissioner-elect, who shall sign the copies and return them to the Clerk. (b) Filing of signed copies Upon receiving a signed copy of the oath of office under subsection (a), the Clerk shall file one copy in the records of the House of Representatives, and shall cause the other copy to be recorded in the Journal of the House and in the Congressional Record. (c) Legal effect of returning signed copies The signed copy of the oath of office, or a certified copy thereof, or the copy filed or recorded under subsection (b), shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the individual who signed the copies duly took the oath of office in accordance with law, effective— (1) at noon on the first day of the first session of Congress, in the case of an individual who returns the signed copies to the Clerk prior to noon on the first day of the first session of the Congress; or (2) at the time the individual returns the signed copies to the Clerk, in the case of an individual who does not return the signed copies to the Clerk prior to noon on the first day of the first session of the Congress. . (b) Effective date The amendments made by this section shall apply with respect to the One Hundred Nineteenth Congress and each succeeding Congress.

Summary: Ordering Authentication in The House's Swearing-in Act or the OATHS Act This bill modifies procedures related to the oath of office that is taken by Members of the House of Representatives. First, the bill eliminates the statutory requirement that the oath of office be administered at the first session of Congress after every general election of Representatives. Second, the bill requires that the Clerk of the House of Representatives provide Members with two printed copies of the oath of office to sign before the first session of Congress rather than on the first day of that session. Generally, a Member shall be deemed to have taken the oath of office when they return the signed oath to the clerk for filing in official records. However, if a Member returns the signed oath before noon on the first day of the first session, the signed oath is effective at noon on the first day of that session.