H.R. 4862House111th Congress (2009-2011)Passed House

To permit Members of Congress to administer the oath of allegiance to applicants for naturalization, and for other purposes.

Introduced March 16, 2010

Legislative Activity

Stay on top of the latest movement without scrolling through every action

9 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

September 16, 2010

View full timeline
HouseIntro Referral

Introduced in House

March 16, 2010

HouseIntro Referral

Referred to the House Committee on the Judiciary.

March 16, 2010

HouseCommittee

Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

April 26, 2010

HouseFloor

Mr. Cohen moved to suspend the rules and pass the bill, as amended.

September 15, 2010 • 4:35 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H6729-6731)

September 15, 2010 • 4:35 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4862.

September 15, 2010 • 4:35 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6729-6730)

September 15, 2010 • 4:46 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6729-6730)

September 15, 2010 • 4:46 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 15, 2010 • 4:46 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

September 16, 2010

Floor Debate

6 members

What members said about H.R. 4862 on the floor

2 Republicans4 Democrats
Jose E. Serrano
Rep. Jose E. SerranoD-NY-16 · Sep 15, 2010

I thank the gentleman for the time, and I thank Mr. Smith for his kind words and his support of the bill and his suggestions to change the bill. Any Member of Congress, any American for that matter,…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Sep 15, 2010

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, first of all, I want to compliment Congressman Serrano for his creative idea to allow Members to administer the oath of allegiance…

Steve Cohen
Rep. Steve CohenD-TN-9 · Sep 15, 2010

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4862) to permit Members of Congress to administer the oath of allegiance to applicants for naturalization, as amended. Mr. Speaker, I…

Henry C. "Hank" Johnson, Jr.
Rep. Henry C. "Hank" Johnson, Jr.D-GA-4 · Sep 16, 2010

Mr. Speaker, I rise today in support of H.R. 4862, which permits Members of Congress to administer the oath of allegiance to applicants for naturalization. I strongly support this bill and am a proud…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Sep 27, 2010

Mr. President, I intend to object to proceeding to H.R. 4862, a bill that amends the Immigration and Nationality Act with regard to naturalization authority. H.R. 4862 would permit Members of…

Show 1 more
Patrick J. Kennedy
Rep. Patrick J. KennedyD-RI-1 · Sep 15, 2010

Will the gentleman yield? I just want to take this opportunity to thank you for your work on making sure that those who are American citizens, over 4\1/2\ million Americans are Americans but don't…

Bill Text

3 versions available

Reading Mode
Latest
Referred in SenateIssued September 16, 2010

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.

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)—

(A)

by inserting , by a Member of, or Delegate or Resident Commissioner to, the Congress, 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 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 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 Congress after the court;

(6)

in paragraph (2)(A)(ii)(I), by inserting or the Member of, or Delegate or Resident Commissioner to, the Congress before such information;

(7)

in paragraph (2)(A)(ii)(II), by inserting or the Member of, or Delegate or Resident Commissioner to, the Congress after the court; and

(8)

in paragraph (3)(B)—

(A)

in the subparagraph heading, by striking Authority of attorney general and inserting Timing of Exclusive Authority;

(B)

by inserting neither after Subject to subparagraph (C),;

(C)

by inserting nor a Member of, or Delegate or Resident Commissioner to, the Congress after the Attorney General; and

(D)

by striking shall not administer and inserting shall administer.

(b)

Oath of renunciation and allegiance

Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended—

(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, before 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) after Notwithstanding section 310(b); and

(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, after 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 before the period; and

(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) is amended by inserting , Member of, or Delegate or Resident Commissioner to, the Congress, after 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) is amended by adding at the end the following:

(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, 1448, 1449, and 1450) is amended by striking Attorney General each place it appears and inserting 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).

Passed the House of Representatives September 15, 2010.

Lorraine C. Miller,

Clerk.