(1) Making, filing, and docketing an application for naturalization, including the hearing on such application, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the Attorney General.

[See main edition for text of (2); (b)]

(c) All fees collected by the Attorney General shall be deposited by the Attorney General in the Treasury of the United States except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title: Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States, and in Guam, under this subchapter, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.

(d) During the time when the United States is at war the Attorney General may not charge or collect a naturalization fee from an alien in the military, air, or naval service of the United States for filing an application for naturalization or issuing a certificate of naturalization upon admission to citizenship.

(e) In addition to the other fees required by this subchapter, the applicant for naturalization shall, upon the filing of an application for naturalization, deposit with and pay to the Attorney General a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such applicant may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the Attorney General, the customary and usual witness fees from the moneys which the applicant shall have paid to the Attorney General for such purpose, and the residue, if any, shall be returned by the Attorney General to the applicant.

(f)(1) The Attorney General shall pay over to courts administering oaths of allegiance to persons under this subchapter a specified percentage of all fees described in subsection (a)(1) of this section collected by the Attorney General with respect to persons administered the oath of allegiance by the respective courts. The Attorney General, annually and in consultation with the courts, shall determine the specified percentage based on the proportion, of the total costs incurred by the Service and courts for essential services directly related to the naturalization process, which are incurred by courts.

(2) The Attorney General shall provide on an annual basis to the Committees on the Judiciary of the House of Representatives and of the Senate a detailed report on the use of the fees described in paragraph (1) and shall consult with such Committees before increasing such fees.

(As amended Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(c)(20), (d)(19), 104 Stat. 5041, 5046; Dec. 12, 1991, Pub. L. 102-232, title I, § 102(b)(3), title III, §§ 305(1), 309(a)(1)(A)(ii), (b)(14), 105 Stat. 1736, 1750, 1758, 1759.)

AMENDMENTS

1991-Subsec. (a). Pub. L. 102-232, § 305(1), made technical correction to Pub. L. 101-649, § 407(d)(19)(A)(i). See 1990 Amendment note below.

Subsec. (c). Pub. L. 102-232, § 309(b)(14), which provided for a clarifying amendment to subsec. (c), could not be executed, because the phrase which was to be amended did not appear after the amendment by Pub. L. 102-232, § 309(a)(1)(A)(ii), see below.

Pub. L. 102-232, § 309(a)(1)(A)(ii), amended Pub. L. 100-459. See 1988 Amendment note for subsec. (g) below.

Subsec. (f). Pub. L. 102-232, § 102(b)(3), added subsec. (f).

1990-Subsec. (a). Pub. L. 101-649, § 407(d)(19)(A)(i), as amended by Pub. L. 102-232, § 305(1), substituted "The Attorney General" for "The clerk of court". Subsec. (a)(1). Pub. L. 101-649, § 407(c)(20), (d)(19)(A)(ii), (iii), substituted “an application" for "a petition" and "application" for "petition", struck out "final" before "hearing", and substituted "the Attorney General" for "the naturalization court".

Subsec. (c). Pub. L. 101-649, § 407(d)(19)(B), (C), (F), redesignated subsec. (g) as (c), struck out and all fees paid over to the Attorney General by clerks of courts under the provisions of this subchapter," before "shall be deposited by" and "or by the clerks of the courts" before "from applicants residing in", and struck out former subsec. (c) which read as follows: "The clerk of any naturalization court specified in subsection (a) of section 1421 of this title (except the courts specified in subsection (d) of this section) shall account for and pay over to the Attorney General onehalf of all fees up to the sum of $40,000, and all fees in excess of $40,000, collected by any such clerk in naturalization proceedings in any fiscal year."

Subsec. (d). Pub. L. 101-649, § 407(c)(20), (d)(19)(B), (D), (F), redesignated subsec. (h) as (d), substituted "the Attorney General may not" for "no clerk of a United States court shall" and "an application" for "a petition", struck out before period at end ", and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A report of all transactions under this subsection shall be made to the Attorney General as in the case of other reports required of clerks of courts by this subchapter" and struck out former subsec. (d) which read as follows: "The clerk of any United States district court (except in the District Court of the Virgin Islands of the United States and in the District Court of Guam) shall account for and pay over to the Attorney General all fees collected by any such clerk in naturalization proceedings: Provided, however, That the clerk of the District Court of the Virgin Islands of the United States and of the District Court of Guam shall report but shall not be required to pay over to the Attorney General the fees collected by any such clerk in naturalization proceedings."

Subsec. (e). Pub. L. 101-649, § 407(c)(20), (d)(19)(B), (E), (F), redesignated subsec. (i) as (e), substituted "an application" for "a petition" and "applicant" for "petitioner" wherever appearing, substituted references to Attorney General for references to clerk of court wherever appearing, and struck out former subsec. (e) which read as follows: "The accounting required by subsections (c) and (d) of this section shall be made and the fees paid over to the Attorney General by such respective clerks in their quarterly accounts which they are required to render to the Attorney General within thirty days from the close of each quarter of each and every fiscal year, in accordance with regulations prescribed by the Attorney General."

Subsec. (f). Pub. L. 101-649, § 407(d)(19)(B), struck out subsec. (f) which read as follows: "The clerks of the various naturalization courts shall pay all addi

ity Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

SUBCHAPTER IV-REFUGEE ASSISTANCE

§ 1522. Authorization for programs for domestic resettlement of and assistance to refugees

REFERENCES IN TEXT

Section 1524(a) of this title, referred to in subsec. (e)(7)(D), was amended generally by Pub. L. 102-110, § 5, Oct. 1, 1991, 105 Stat. 558, and, as so amended, no longer contains paragraphs.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1523 of this title; title 42 sections 1382, 1396s.

§ 1524. Authorization of appropriations

(a) There are authorized to be appropriated for fiscal year 1993 and fiscal year 1994 such sums as may be necessary to carry out this subchapter.

[See main edition for text of (b)]

(As amended Oct. 1, 1991, Pub. L. 102-110, § 5, 105 Stat. 558; June 8, 1993, Pub. L. 103-37, § 1, 107 Stat. 107.)

AMENDMENTS

1993-Subsec. (a). Pub. L. 103-37 substituted "fiscal year 1993 and fiscal year 1994" for "fiscal year 1992”. 1991-Subsec. (a). Pub. L. 102-110 amended subsec. (a) generally, substituting present provisions for provisions which authorized appropriations for fiscal years 1987 and 1988 to carry out this subchapter generally and specifically to carry out section 1522(c)(1), (b)(5), and (f) of this title.

CHAPTER 13-IMMIGRATION AND

NATURALIZATION SERVICE

§ 1553. Assistant Commissioners and one District Director; compensation and salary grade

REFERENCES IN OTHER LAWS TO GS-16, 17, or 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5.

1990-Pub. L. 101-650, title III, § 325(a)(2), Dec. 1, 1990, 104 Stat. 5120, added item 15 "Inapplicability of the Act of State doctrine" and redesignated former item 15 "Appeals" as 16.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 205, 208, 307 of this title; title 25 section 416a.

§ 4. Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15 of this title; title 5 section 576.

§ 7. Witnesses before arbitrators; fees; compelling attendance

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 578.

§ 9. Award of arbitrators; confirmation; jurisdiction; procedure

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 580, 581; title 41 section 607.

§ 10. Same; vacation; grounds; rehearing

(a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration

(1) Where the award was procured by corruption, fraud, or undue means.

(2) Where there was evident partiality or corruption in the arbitrators, or either of them.

(3) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the

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controversy; or of any other misbehavior by which the rights of any party have been prejudiced.

(4) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

(5) Where an award is vacated and the time within which the agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators.

(b) The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.

(As amended Nov. 15, 1990, Pub. L. 101-552, § 5, 104 Stat. 2745; Aug. 26, 1992, Pub. L. 102-354, § 5(b)(4), 106 Stat. 946.)

AMENDMENT OF SECTION

For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below.

AMENDMENTS

1992-Subsec. (b). Pub. L. 102-354 substituted "section 580" for "section 590" and "section 572" for "section 582".

1990-Pub. L. 101-552 temporarily designated existing provisions as subsec. (a), in introductory provisions substituted "In any" for "In either", redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively, and added subsec. (b). See Termination Date of 1990 Amendment; Savings Provision note below.

TERMINATION DATE OF 1990 AMENDment; SavinGS PROVISION

For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings on Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 571 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9 of this title; title 5 sections 580, 581; title 41 section 607.