8 U.S.C. § 1456 — Repealed. Pub. L. 86–682, § 12(c), Sept. 2,

Page 524 TITLE 8—ALIENS AND NATIONALITY § 1456 1991—Subsec. (a). Pub. L. 102–232, § 305(l), made tech- nical 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 pro- vided 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(l), 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 Attor- ney General’’ for ‘‘the naturalization court’’. Subsec. (c). Pub. L. 101–649, § 407(d)(19)(B), (C), (F), re- designated 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 one-half of all fees up to the sum of $40,000, and all fees in excess of $40,000, col- lected 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 At- torney General may not’’ for ‘‘no clerk of a United States court shall’’ and ‘‘an application’’ for ‘‘a peti- tion’’, 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 trans- actions under this subsection shall be made to the At- torney 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, how- ever, 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 ap- plication’’ for ‘‘a petition’’ and ‘‘applicant’’ for ‘‘peti- tioner’’ wherever appearing, substituted references to Attorney General for references to clerk of court wher- ever appearing, and struck out former subsec. (e) which read as follows: ‘‘The accounting required by sub- sections (c) and (d) of this section shall be made and the fees paid over to the Attorney General by such re- spective 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 pre- scribed 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 additional 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), re- designated subsecs. (g) to (i) as (c) to (e), respectively. 1988—Subsec. (a). Pub. L. 100–525 substituted ‘‘section 9701 of title 31’’ for ‘‘title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290)’’ in introductory provisions. 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’’. 1981—Subsec. (c). Pub. L. 97–116 substituted ‘‘$40,000’’ for ‘‘$6,000’’ in two places. 1968—Subsec. (a). Pub. L. 90–609 inserted reference to section 483a of title 31 and substituted provisions mak- ing reference to setting of fees by Attorney General for provisions establishing fees of $10 and $5 respectively for covered services. Subsec. (b). Pub. L. 90–609 struck out provisions set- ting fixed dollar amounts for specified services to be charged, collected, and accounted for by Attorney Gen- eral. Subsec. (g). Pub. L. 90–609 substituted fees received under this subchapter for fees received under subsec. (b) of this section as description of fees received from ap- plicants residing in the Virgin Islands of the United States and in Guam which are turned over to the treas- ury of the Virgin Islands and Guam respectively. 1958—Subsec. (d). Pub. L. 85–508 struck out ‘‘in Alaska and’’ before ‘‘in the District Court of the Virgin Is- lands’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 102(b)(3) of Pub. L. 102–232 ef- fective 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(l) of Pub. L. 102–232 effec- tive 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)(1)(A)(ii) 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, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 applicable to fiscal years beginning on or after Oct. 1, 1981, see section 21(b)(2) of Pub. L. 97–116, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. Executive Documents ADMISSION OF ALASKA AS STATE Effectiveness of amendment of this section by Pub. L. 85–508 was dependent on admission of Alaska into the Union under section 8(b) of Pub. L. 85–508. Admission was accomplished Jan. 3, 1959 on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508. See notes preceding former section 21 of Title 48, Territories and Insular Possessions. § 1456. Repealed. Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, eff. Sept. 1, 1960 Section, act June 27, 1952, ch. 477, title III, ch. 2, § 345, 66 Stat. 266, related to free transmittal of official mail Page 525 TITLE 8—ALIENS AND NATIONALITY § 1481 in naturalization matters. See section 3202 of Title 39, Postal Service. § 1457. Publication and distribution of citizen- ship textbooks; use of naturalization fees Authorization is granted for the publication and distribution of the citizenship textbook de- scribed in subsection (b) of section 1443 of this title and for the reimbursement of the appro- priation of the Department of Justice upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Service for the cost of such publica- tion and distribution, such reimbursement to be made upon statements by the Attorney General of books so published and distributed. (June 27, 1952, ch. 477, title III, ch. 2, § 346, 66 Stat. 266.) Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1458. Compilation of naturalization statistics and payment for equipment The Attorney General is authorized and di- rected to prepare from the records in the cus- tody of the Service a report upon those here- tofore seeking citizenship to show by nationali- ties their relation to the numbers of aliens an- nually arriving and to the prevailing census pop- ulations of the foreign-born, their economic, vo- cational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually hereafter. Pay- ment for the equipment used in preparing such compilation shall be made from the appropria- tion for the enforcement of this chapter by the Service. (June 27, 1952, ch. 477, title III, ch. 2, § 347, 66 Stat. 266.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after June 27, 1952, see sec- tion 407 of act June 27, 1952, set out as a note under sec- tion 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 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 fail- ure of clerk of court to perform duties. PART III—LOSS OF NATIONALITY § 1481. Loss of nationality by native-born or natu- ralized citizen; voluntary action; burden of proof; presumptions (a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality— (1) obtaining naturalization in a foreign state upon his own application or upon an ap- plication filed by a duly authorized agent, after having attained the age of eighteen years; or (2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or (3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commis- sioned or non-commissioned officer; or (4)(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or (B) ac- cepting, serving in, or performing the duties of any office, post, or employment under the gov- ernment of a foreign state or a political sub- division thereof, after attaining the age of eighteen years for which office, post, or em- ployment an oath, affirmation, or declaration of allegiance is required; or (5) making a formal renunciation of nation- ality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or (6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not con- trary to the interests of national defense; or (7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court mar- tial or by a court of competent jurisdiction.