States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter. (c) Appearance of Attorney General

The Attorney General shall have the right to appear before any immigration officer in any naturalization proceedings for the purpose of cross-examining the applicant and the witnesses produced in support of the application concerning any matter touching or in any way affecting the applicant's right to admission to citizenship, and shall have the right to call witnesses, including the applicant, produce evidence, and be heard in opposition to, or in favor of the granting of any application in naturalization proceedings.

(d) Subpena of witnesses

The immigration officer shall, if the applicant requests it at the time of filing the request for the hearing, issue a subpena for the witnesses named by such applicant to appear upon the day set for the hearing, but in case such witnesses cannot be produced upon the hearing other witnesses may be summoned upon notice to the Attorney General, in such manner and at such time as the Attorney General may by regulation prescribe. Such subpenas may be enforced in the same manner as subpenas under section 1446(b) of this title may be enforced. (e) Change of name

It shall be lawful at the time and as a part of the administration by a court of the oath of allegiance under section 1448(a) of this title for the court, in its discretion, upon the bona fide prayer of the applicant included in an appropriate petition to the court, to make a decree changing the name of said person, and the certificate of naturalization shall be issued in accordance therewith.

(As amended Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(c)(17), (d)(14), 104 Stat. 5041, 5044; Dec. 12, 1991, Pub. L. 102-232, title III, § 305(g), (h), 105 Stat. 1750.)

AMENDMENTS

1991-Subsecs. (d), (e). Pub. L. 102-232, § 305(g), (h), amended Pub. L. 101-649, § 407(d)(14)(D)(i), (E)(ii), respectively. See 1990 Amendment note below.

1990-Pub. L. 101-649, § 407(d)(14)(A), amended section catchline generally.

Subsecs. (a), (b). Pub. L. 101-649, § 407(d)(14)(B), amended subsecs. (a) and (b) generally, substituting provisions relating to requests for hearing upon denial of application and failure to make determination, for provisions relating to holding of hearing in open court and exceptions to same, respectively.

Subsec. (c). Pub. L. 101-649, § 407(c)(17), (d)(14)(C), substituted "immigration officer" for "court" and references to applicant, applicant's, and application for references to petitioner, petitioner's, and petition wherever appearing.

Subsec. (d). Pub. L. 101-649, § 407(d)(14)(D)(i), as amended by Pub. L. 102-232, § 305(g), substituted "immigration officer shall, if the applicant requests it at the time of filing the request for the hearing" for "clerk of court shall, if the petitioner requests it at the time for filing the petition for naturalization".

Pub. L. 101-649, § 407(c)(17), (d)(14)(D)(ii), (iii), substituted "applicant" for "petitioner", struck out

"final" before "hearing" wherever appearing, and inserted at end "Such subpenas may be enforced in the same manner as subpenas under section 1446(b) of this title may be enforced."

Subsec. (e). Pub. L. 101-649, § 407(d)(14)(E)(i), substituted "administration by a court of the oath of allegiance under section 1448(a) of this title" for "naturalization of any person,".

Pub. L. 101-649, § 407(d)(14)(E)(ii), as amended by Pub. L. 102-232, § 305(h), substituted "included in an appropriate petition to the court" for "included in the petition for naturalization of such person”.

Pub. L. 101-649, § 407(c)(17), substituted “applicant" for "petitioner”.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1421, 1427, 1445, 1446 of this title; title 18 section 1429.

§ 1448. Oath of renunciation and allegiance (a) Public ceremony

A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath (1) to support the Constitution of the United States; (2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen; (3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic; (4) to bear true faith and allegiance to the same; and (5)(A) to bear arms on behalf of the United States when required by the law, or (B) to perform noncombatant service in the Armed Forces of the United States when required by the law, or (C) to perform work of national importance under civilian direction when required by the law. Any such person shall be required to take an oath containing the substance of clauses (1) to (5) of the preceding sentence, except that a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to the bearing of arms in the Armed Forces of the United States by reason of religious training and belief shall be required to take an oath containing the substance of clauses (1) to (4) and clauses (5)(B) and (5)(C) of this subsection, and a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to any type of service in the Armed Forces of the United States by reason of religious training and belief shall be required to take an oath containing the substance of said clauses (1) to (4) and clause (5)(C). The term "religious training and belief" as used in this section shall mean an individual's belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code. In the

case of the naturalization of a child under the provisions of section 1433 of this title the Attorney General may waive the taking of the oath if in the opinion of the Attorney General the child is unable to understand its meaning. (b) Hereditary titles or orders of nobility

In case the person applying for naturalization has borne any hereditary title, or has been of any of the orders of nobility in any foreign state, the applicant shall in addition to complying with the requirements of subsection (a) of this section, make under oath in the same public ceremony in which the oath of allegiance is administered, an express renunciation of such title or order of nobility, and such renunciation shall be recorded as a part of such proceedings.

(c) Expedited judicial oath administration ceremony Notwithstanding section 1421(b) of this title, an individual may be granted an expedited judicial oath administration ceremony or administrative naturalization by the Attorney General upon demonstrating sufficient cause. In determining whether to grant an expedited judicial oath administration ceremony, a court shall consider special circumstances (such as serious illness of the applicant or a member of the applicant's immediate family, permanent disability sufficiently incapacitating as to prevent the applicant's personal appearance at the scheduled ceremony, developmental disability or advanced age, or exigent circumstances relating to travel or employment). If an expedited judicial oath administration ceremony is impracticable, the court shall refer such individual to the Attorney General who may provide for immediate administrative naturalization.

(d) Rules and regulations

The Attorney General shall prescribe rules and procedures to ensure that the ceremonies conducted by the Attorney General for the administration of oaths of allegiance under this section are public, conducted frequently and at regular intervals, and are in keeping with the dignity of the occasion.

(As amended Nov. 29, 1990, Pub. L. 101-649, title IV, 407(c)(18), (d)(15), 104 Stat. 5041, 5044; Dec. 12, 1991, Pub. L. 102-232, title I, § 102(b)(2), title III, § 305(i), 105 Stat. 1736, 1750.)

AMENDMENTS

1991-Subsec. (c). Pub. L. 102-232, § 102(b)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "If the applicant is prevented by sickness or other disability from attending a public ceremony, the oath required to be taken by subsection (a) of this section may be taken at such place as the Attorney General may designate under section 1445(e) of this title."

Pub. L. 102-232, § 305(i), struck out "before" after "may be taken".

1990-Subsec. (a). Pub. L. 101-649, § 407(c)(18), (d)(15)(A), substituted “applied" for "petitioned" and "applicant" for "petitioner" in first sentence, "in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title" for "in open court", "Attorney General" for "naturalization court" wherever appearing in second and fourth sentences, and "Attorney General" for "court" before "the child" in fourth sentence.

Subsec. (b). Pub. L. 101-649, § 407(c)(18), (d)(15)(B), substituted "applying" for "petitioning", "applicant" for "petitioner", and "in the same public ceremony in which the oath of allegiance is administered" for "in open court in the court in which the petition for naturalization is made", and struck out “in the court" after "shall be recorded".

Subsec. (c). Pub. L. 101-649, § 407(c)(18), (d)(15)(C), substituted "applicant" for "petitioner", "attending a public ceremony" for "being in open court", and "at such place as the Attorney General may designate under section 1445(e) of this title" for "a judge of the court at such place as may be designated by the court".

Subsec. (d). Pub. L. 101-649, § 407(d)(15)(D), added subsec. (d).

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 102(b)(2) of Pub. L. 102-232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232, set out as a note under section 1421 of this title.

Amendment by section 305(i) of Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1421, 1427, 1435, 1438, 1447, 1450 of this title.

§ 1449. Certificate of naturalization; contents

A person admitted to citizenship in conformity with the provisions of this subchapter shall be entitled upon such admission to receive from the Attorney General a certificate of naturalization, which shall contain substantially the following information: Number of application for naturalization; number of certificate of naturalization; date of naturalization; name, signature, place of residence, autographed photograph, and personal description of the naturalized person, including age, sex, marital status, and country of former nationality; location of the district office of the Service in which the application was filed and the title, authority, and location of the official or court administering the oath of allegiance; statement that the Attorney General, having found that the applicant intends to reside permanently in the United States, except in cases falling within the provisions of section 1435(a) of this title, had complied in all respects with all of the applicable provisions of the naturalization laws of the United States, and was entitled to be admitted a citizen of the United States of America, thereupon ordered that the applicant be admitted as a citizen of the United States of America; attestation of an immigration officer; and the seal of the Department of Justice.

(As amended Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(c)(19), (d)(16), 104 Stat. 5041, 5045; Dec. 12, 1991, Pub. L. 102-232, title III, § 305(j), 105 Stat. 1750.)

AMENDMENTS

1991-Pub. L. 102-232, § 305(j)(2), substituted "district" for "District" before "office of the Service". Pub. L. 102-232, § 305(j)(1), made a technical correction to Pub. L. 101-649, § 407(d)(16)(C), which was unnecessary because the language sought to be corrected

was already correct in Pub. L. 101-649. See 1990 Amendment note below.

1990-Pub. L. 101-649 substituted "application" for "petition" and "applicant" for "petitioner" in two places, struck out "by a naturalization court" after "citizenship", and substituted "the Attorney General" for "the clerk of such court", "location of the District office of the Service in which the application was filed and the title, authority, and location of the official or court administering the oath of allegiance" for "title, venue, and location of the naturalization court", "the Attorney General" for "the court", and "of an immigration officer; and the seal of the Department of Justice" for "of the clerk of the naturalization court; and seal of the court".

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title.

§ 1450. Functions and duties of clerks and records of declarations of intention and applications for naturalization

(a) The clerk of each court that administers oaths of allegiance under section 1448 of this title shall—

(1) deliver to each person administered the oath of allegiance by the court pursuant to section 1448(a) of this title the certificate of naturalization prepared by the Attorney General pursuant to section 1421(b)(2)(A)(ii) of this title,

(2) forward to the Attorney General a list of applicants actually taking the oath at each scheduled ceremony and information concerning each person to whom such an oath is administered by the court, within 30 days after the close of the month in which the oath was administered,

(3) forward to the Attorney General certified copies of such other proceedings and orders instituted in or issued out of the court affecting or relating to the naturalization of persons as may be required from time to time by the Attorney General, and

(4) be responsible for all blank certificates of naturalization received by them from time to time from the Attorney General and shall account to the Attorney General for them whenever required to do so.

No certificate of naturalization received by any clerk of court which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificates shall be returned to the Attorney General.

(b) Each district office of the Service in the United States shall maintain, in chronological order, indexed, and consecutively numbered, as part of its permanent records, all declarations of intention and applications for naturalization filed with the office.

(As amended Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(d)(17), 104 Stat. 5045; Dec. 12, 1991, Pub. L. 102-232, title I, § 102(b)(1), 105 Stat. 1735.)

AMENDMENTS

1991-Subsec, (a). Pub. L. 102-232, § 102(b)(1)(F), inserted sentence at end relating to return of defaced or

injured certificates of naturalization to Attorney General.

Subsec. (a)(1). Pub. L. 102-232, § 102(b)(1)(A), added par. (1) and struck out former par. (1) which read as follows: "issue to each person to whom such an oath is administered a document evidencing that such an oath was administered,".

Subsec. (a)(2). Pub. L. 102–232, § 102(b)(1)(B), inserted "a list of applicants actually taking the oath at each scheduled ceremony and" after "Attorney General". Pub. L. 102-232,

Subsec. (a)(3), (4).

§ 102(b)(1)(C)-(E), added par. (4), redesignated former par. (4) as (3) and substituted ", and" for period at end, and struck out former par. (3) which directed clerk to make and keep on file evidence for each document issued.

1990-Pub. L. 101-649 amended section generally, substituting provisions relating to functions and duties of clerks and records of declarations of intention and applications for naturalization, for provisions relating to functions and duties of clerks of naturalization courts.

EFFECTIVE Date of 1991 Amendment Amendment by Pub. L. 102-232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232, set out as a note under section 1421 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-649 not applicable to functions and duties respecting petitions filed before Oct. 1, 1991, see section 408(c) of Pub. L. 101-649, set out as a note under section 1421 of this title.

§ 1451. Revocation of naturalization

(a) Concealment of material evidence; refusal to testify

It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively: Provided, That refusal on the part of a naturalized citizen within a period of ten years following his naturalization to testify as a witness in any proceeding before a congressional committee concerning his subversive activities, in a case where such person has been convicted of contempt for such refusal, shall be held to constitute a ground for revocation of such person's naturalization under this subsection as having been procured by concealment of a material fact or by willful misrepresentation. If the naturalized citizen does not reside in any judicial district in the United States at the time of bringing such suit, the proceedings may be instituted in the United States District Court for the District of Columbia or in the United States district court

in the judicial district in which such person last had his residence.

[See main edition for text of (b) to ] (g) Cancellation of certificate of naturalization

Whenever an order admitting an alien to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or both, as provided in this section, the court in which such judgment or decree is rendered shall make an order canceling such certificate and shall send a certified copy of such order to the Attorney General. The clerk of court shall transmit a copy of such order and judgment to the Attorney General. A person holding a certificate of naturalization or citizenship which has been canceled as provided by this section shall upon notice by the court by which the decree of cancellation was made, or by the Attorney General, surrender the same to the Attorney General.

[See main edition for text of (h)]

(i) Power to correct, reopen, alter, modify, or vacate order

Nothing contained in this section shall be regarded as limiting, denying, or restricting the power of the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person.

(As amended Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(d)(18), 104 Stat. 5046; Dec. 12, 1991, Pub. L. 102-232, title III, § 305(k), 105 Stat. 1750.)

AMENDMENTS

1991-Subsec. (a). Pub. L. 102-232, § 305(k)(1), substituted "district court" for "District Court" in first sentence.

Subsec. (g). Pub. L. 102-232, § 305(k)(2), substituted "clerk of court" for "clerk of the court" in second sentence.

1990-Subsec. (a). Pub. L. 101-649, § 407(d)(18)(A), substituted "in any District Court of the United States" for "in any court specified in subsection (a) of section 1421 of this title".

Subsec. (g). Pub. L. 101-649, § 407(d)(18)(B), (C), amended second sentence generally and struck out third sentence. Prior to amendment, second and third sentences read as follows: "In case such certificate was not originally issued by the court making such order, it shall direct the clerk of court in which the order is revoked and set aside to transmit a copy of such order and judgment to the court out of which such certificate of naturalization shall have been originally issued. It shall thereupon be the duty of the clerk of the court receiving such certified copy of the order and judgment of the court to enter the same of record and to cancel such original certificate of naturalization, if there be any, upon the records and to notify the Attorney General of the entry of such order and of such cancellation."

Subsec. (i). Pub. L. 101-649, § 407(d)(18)(D), substituted "the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person" for "any naturalization court, by or in which a person has been naturalized, to correct, reopen, alter, modify, or vacate its judgment or decree naturalizing such person, during the term of such court or within the time prescribed by the rules of procedure or statutes governing the jurisdiction of the court to take such action".

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title.

§ 1452. Certificates of citizenship or U.S. non-citizen national status; procedure

(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance

A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant's alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.

[See main edition for text of (b) and (c)] (As amended Dec. 12, 1991, Pub. L. 102-232, title III, § 305(m)(8), 105 Stat. 1750.)

AMENDMENTS

1991-Subsec. (a). Pub. L. 102-232 substituted "an applicant" for "a petitioner".

EFFECTIVE DATE OF 1991 AMENDMENT

Section 305(m) of Pub. L. 102-232 provided that the amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101-649.

EFFECTIVE DATE of 1988 AMENDMENT

Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality 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.

§ 1455. Fiscal provisions

(a) The Attorney General shall charge, collect, and account for fees prescribed by the Attorney General pursuant to section 9701 of title 31 for the following:

(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