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".

Subsec. (a)(3), (4). Pub. L. 102-232, § 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 (f)] (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

tional clerical force that may be required in performing the duties imposed by this subchapter upon clerks of courts from fees retained under the provisions of this section by such clerks in naturalization proceedings."

Subsecs. (g) to (i). Pub. L. 101-649, § 407(d)(19)(F), redesignated subsecs. (g) to (i) as (c) to (e), respective

ly.

1988-Subsec. (g). Pub. L. 100-459, as amended by Pub. L. 102-232, §309(a)(1)(A)(ii), inserted "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" after "Treasury of the United States".

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 102(b)(3) 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(1) 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.

Amendment by section 309(a) of Pub. L. 102-232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100-459, title II, and effective with respect to allotments for fiscal years beginning with fiscal year 1989, see sections 309(a)(3) and 310(2) of Pub. L. 102-232 set out as notes under sections 1356 and 1101 of this title, respectively.

§ 1459. Repealed. Pub. L. 101-649, title IV, § 407(d)(20), Nov. 29, 1990, 104 Stat. 5046

Section, acts June 27, 1952, ch. 477, title III, ch. 2, §348, 66 Stat. 267; Oct. 24, 1988, Pub. L. 100-525, § 9(gg), 102 Stat. 2622, related to admissibility in evidence of statements voluntarily made to officers and employees in course of their official duties and penalties for failure of clerk of court to perform duties.

PART III-Loss OF NATIONALITY

§ 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 8(m), (n) of 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.

§ 1483. Restrictions on expatriation

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and National

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.

Chap. 3.

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

Page 1219

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.