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H.R. 1000: OATHS Act

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The text of the bill below is as of Feb 14, 2023 (Introduced).

I

118th CONGRESS

1st Session

H. R. 1000

IN THE HOUSE OF REPRESENTATIVES

February 14, 2023

(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 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 or the 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) is amended—

(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.