Page:United States Statutes at Large Volume 105 Part 2.djvu/783

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PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1735 " (3) SCOPE OF EXCLUSIVE AUTHORITY. — "(A) LIMITED PERIOD AND ADVANCE NOTICE REQUIRED.— The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person— "(i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and "(ii) only if the court has notified the Attorney Gen-

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eral, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies. "(B) AUTHORITY OF ATTORNEY GENERAL.— Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person. "(C) WAIVER OF EXCLUSIVE AUTHORITY. —Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under section 337(a) to a person under this subsection if the Attorney General has not provided the court with the certification described in subparagraph (A)(i) within a reasonable time before the date scheduled by the court for oath administration ceremonies. Upon notification of a court's waiver of jurisdiction, the Attorney General shall promptly notify the applicant. "(4) ISSUANCE OF CERTIFICATES.— The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance. "(5) ELIGIBLE COURTS. —For purposes of this section, the term 'eligible court' means— "(A) a District Court of the United States in any State, or "(B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.". (b) CONFORMING AMENDMENTS. — (1) FUNCTIONS OF CLERKS.— Section 339(a) of such Act (8 U.S.C. 1450(a)) is amended— (A) by striking paragraph (1) and inserting the following: "(1) deliver to each person administered the oath of allegiance by the court pursuant to section 337(a) the certificate of naturalization prepared by the Attorney General pursuant to section 310(b)(2)(A)(ii),", (B) in paragraph (2), by inserting "a list of applicants actually taking the oath at each scheduled ceremony and" after "Attorney General", (C) by striking paragraph (3), (D) in paragraph (4), by striking the period at the end and ' inserting ", and ' and by redesignating such paragraph as paragraph (3), (E) by inserting after paragraph (3), as so redesignated, the following new paragraph: