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. 
Be it enacted by the Senate and House of Representa-
tives 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)— 
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(A) by inserting ‘‘, by a Member of, or 
Delegate or Resident Commissioner to, the Con-
gress,’’ 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 Rep-
resentatives, 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 rep-
resents.’’; 
(3) in paragraph (1), by adding at the end the 
following: 
‘‘(C) LIMITATIONS ON CONGRESSIONAL AU-
THORITY.— 
‘‘(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 ad-
ministration of the oath of allegiance under 
section 337(a). 
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‘‘(ii) PERIOD BEFORE ELECTIONS.—A 
Member of, or Delegate or Resident Com-
missioner to, the Congress may not admin-
ister the oath of allegiance under section 
337(a) during the 90-day period which 
ends on the date of any election for Fed-
eral, State, or local office in which the 
Member, Delegate, or Resident Commis-
sioner is a candidate. 
‘‘(iii) TIME
AND
PLACE
OF
CERE-
MONY.—A Member of, or Delegate or Resi-
dent 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 Secu-
rity may designate.’’; 
(4) in paragraph (2)(A), in the matter pre-
ceding clause (i), by inserting ‘‘or a Member of, or 
Delegate or Resident Commissioner to, the Con-
gress’’ 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 Con-
gress’’ after ‘‘the court’’; 
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(c) 
CERTIFICATE
OF
NATURALIZATION; 
CON-
TENTS.—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 Con-
gress,’’ after ‘‘location of the official’’. 
(d) FUNCTIONS
AND
DUTIES
OF
CLERKS
AND 
RECORDS OF DECLARATIONS OF INTENTION AND APPLI-
CATIONS FOR NATURALIZATION.—Section 339 of the Im-
migration and Nationality Act (8 U.S.C. 1450) is amend-
ed by adding at the end the following: 
‘‘(c) In the case of an oath administration by a Mem-
ber of, or Delegate or Resident Commissioner to, the Con-
gress, the functions and duties of clerks of courts de-
scribed in this section shall be undertaken by the Sec-
retary 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 amend-
ments 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 ‘‘At-
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torney General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
(b) EXCEPTION.—The amendment made by this sec-
tion shall not affect the authority of any officer or em-
ployee of the Executive Office of Immigration Review (in-
cluding immigration judges (as defined in section 
101(b)(4) of the Immigration and Nationality Act)) to ad-
minister the oath of allegiance under section 337(a). 
Æ 
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