What This Bill Does
This bill requires the Clerk of the House of Representatives to print written copies of the oath of office and give them to newly elected House members before Congress begins. House members who sign and return these copies will be officially considered to have taken the oath of office.
Who It Affects
- Representatives-elect (newly elected House members)
- Delegates-elect (newly elected delegates)
- Resident Commissioners-elect (newly elected resident commissioners)
- The Clerk of the House of Representatives
- Federal courts
Key Provisions
- Before the first session of Congress after each general election, the Clerk must print the oath of office and give two copies to each newly elected House member, delegate, and resident commissioner (Sec. 2(a))
- Each newly elected official must sign the copies and return them to the Clerk (Sec. 2(a))
- The Clerk must file one signed copy in House records and place the other copy in the House Journal and Congressional Record (Sec. 2(b))
- A signed copy serves as conclusive proof in any U.S. court that the person properly took the oath of office (Sec. 2(c))
- For officials who return signed copies before noon on the first day of the first session, the oath becomes effective at that noon time (Sec. 2(c)(1))
- For officials who return signed copies after that deadline, the oath becomes effective when they return the copies (Sec. 2(c)(2))
What Changes
The current law is replaced with a new system allowing House members to take the oath of office by signing written copies instead of only through a spoken oath during the ceremony.
Important Definitions
None defined in the bill text.
Effective Date
The changes apply to the One Hundred Nineteenth Congress and every Congress after that.
I
118TH CONGRESS
1ST SESSION H. R. 1000
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.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2023
Ms. FOXX (for herself, Mr. GUTHRIE, and Mr. COLE) introduced the following
bill; which was referred to the Committee on House Administration
A BILL
To direct the Clerk of the House of Representatives to pro-
vide 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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Ordering Authentica-
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tion in The House’s Swearing-in Act’’ or the ‘‘OATHS
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Act’’.
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•HR 1000 IH
SEC. 2. USE OF SIGNED WRITTEN COPY FOR TAKING OATH
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OF OFFICE BY MEMBERS OF HOUSE OF REP-
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RESENTATIVES.
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(a) IN GENERAL.—Section 30 of the Revised Stat-
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utes of the United States (2 U.S.C. 25) is amended—
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(1) by striking the first undesignated para-
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graph; and
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(2) by striking the remaining paragraph and in-
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serting the following:
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‘‘(a) PROVISION OF WRITTEN OATH OF OFFICE BY
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CLERK.—Prior to the first session of Congress after every
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general election of Representatives, the Clerk of the House
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of Representatives shall cause the oath of office to be
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printed and shall furnish 2 copies to each Representative-
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elect, Delegate-elect, and Resident Commissioner-elect,
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who shall sign the copies and return them to the Clerk.
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‘‘(b) FILING OF SIGNED COPIES.—Upon receiving a
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signed copy of the oath of office under subsection (a), the
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Clerk shall file one copy in the records of the House of
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Representatives, and shall cause the other copy to be re-
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corded in the Journal of the House and in the Congres-
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sional Record.
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‘‘(c) LEGAL EFFECT OF RETURNING SIGNED COP-
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IES.—The signed copy of the oath of office, or a certified
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copy thereof, or the copy filed or recorded under sub-
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section (b), shall be admissible in evidence in any court
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•HR 1000 IH
of the United States, and shall be held conclusive proof
1
of the fact that the individual who signed the copies duly
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took the oath of office in accordance with law, effective—
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‘‘(1) at noon on the first day of the first session
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of Congress, in the case of an individual who returns
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the signed copies to the Clerk prior to noon on the
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first day of the first session of the Congress; or
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‘‘(2) at the time the individual returns the
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signed copies to the Clerk, in the case of an indi-
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vidual who does not return the signed copies to the
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Clerk prior to noon on the first day of the first ses-
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sion of the Congress.’’.
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(b) EFFECTIVE DATE.—The amendments made by
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this section shall apply with respect to the One Hundred
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Nineteenth Congress and each succeeding Congress.
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Æ
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