EXISTING LAWS

PROPOSED CODE

consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war."

2. Naturalized citizens against whom the presumption of expatriation shall have arisen, under the statute quoted above, because of protracted residence abroad may overcome such presumption upon presenting to a diplomatic or consular officer of the United States satisfactory evidence of the existence of any of the following facts:

"(h) In the cases of naturalized American citizens who have resided in the United States twenty years subsequent to their naturalization, have attained the age of sixty years, and have retired from active participation in professional or business pursuits, that they have during the period of their residence outside of the United States held themselves out as American citizens, have from time to time applied for American passports or to be registered as American citizens in American consulates, or satisfactorily explained their failure to do so, have maintained effective ties with the United States, and intend eventually to return to the United States permanently to reside" (rules (dated January 6, 1934) prescribed in pursuance of the second paragraph of sec. 2 of the act of March 2, 1907).]

[Pars. (a) and (d) of rule 2, quoted above opposite subsec. (a), provide:

"(a) That they are residing abroad solely or principally as representatives of American trade and commerce, and that they intend eventually to return to the United States permanently to reside.

*

"(d) That they are residing abroad principally for the purpose of representing a recognized American educational, scientific, philanthropic, or religious organization, and that they intend eventually to return to the United States permanently to reside."]

SEC. 3. * * *

(b) Any woman who before this section, as amended, takes effect has lost her United States citizenship by residence abroad after marriage to an alien or by marriage to an alien ineligible to citizenship may, if she has not acquired any other nationality by affirmative act, be naturalized in the manner prescribed in section 4 of this Act, as amended. Any woman who was a citizen of the United States at birth shall not be denied naturalization under section 4 on account of her race (act of September 22, 1922; 42 Stat. 1021, as amended by act of July 3, 1930, 46 Stat. 854; and act of March 3, 1931, 46 Stat. 1511).

That for the purposes of subdivision (b) of section 3

(b) Who is residing abroad upon the date of the approval of this Act, or who is thereafter sent abroad, and resides abroad temporarily solely or principally to represent a bona fide American educational, scientific, philanthropic, religious, commercial or financial organization having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation;

(c) Who is residing abroad on account of ill health by reason of which he is confined in a hospital or sanatorium;

(d) Who is residing abroad for the purpose of pursuing studies of a specialized character or attending an institution of learning of a grade above that of a preparatory school, provided that such residence does not exceed five years;

(e) Who is the wife, husband, or child under twentyone years of age, and is residing abroad for the purpose of being with a naturalized spouse or parent who comes within the scope of section 403 or subsections (a), (b), (c), or (d) hereof;

(f) Who was born in the United States or one of its outlying possessions, who originally had American nationality, and who, after having lost such nationality through marriage to an alien, reacquired it.

[Sec. 6 of the act of March 2, 1907, which relates to protection, rather than to loss of citizenship, provides: That all children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States and who continue to reside outside the United States shall, in order to receive the protection of this Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents and remain citizens of the United States and shall be further required to take the oath of allegiance to the United States upon attaining their majority (34 Stat. 1228; U. S. C., title 8, sec. 6).]

PROPOSED CODE

SEC. 405. A person having American nationality who is a minor and is residing in a foreign state with or under the legal custody of a parent who loses American nationality under section 402 of this chapter, shall at the same time lose his American nationality if such minor has or acquires the nationality of such foreign

state.

SEC. 406. The loss of nationality under this chapter shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this chapter.

SEC. 407. Nationality shall not be lost under the provisions of sections 402 or 405 of this chapter until the expiration of one year following the date of the approval of this Act: Provided, however, That a naturalized person who shall have become subject to the presumption that he has ceased to be an American citizen as provided for in the second paragraph of section 2 of the Act of March 2, 1907 (34 Stat. 1228), and who shall not have overcome it under the rules in effect immediately preceding the date of the approval of this Act, shall continue to be subject to such presumption for the period of one year following the date of the approval of this Act unless it is overcome during such period.

SEC. 408. Nothing in this chapter shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party upon the date of the approval of this Act.

SEC. 32.

EXISTING LAWS

(b) Upon payment to the Commissioner of Naturalization of a fee of $10, the commissioner shall issue, for ny naturalized citizen, a special certificate of citizenaip, with a photograph (furnished by such citizen) affixed thereto, for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by the country of former allegiance of such citizen. Such certificate, when issued, shall be furnished to the Secretary of State for transmission by him to the proper authority in such country of former allegiance (act of June 29, 1906, as amended and supplemented by act of March 9, 1929, 45 Stat. 1515; U. S. C., title 8, Fec. 399 (b)).

PROPOSED CODE

SEC. 501. Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his American nationality under any provision of chapter IV of this Act, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations to be prescribed by the Secretary of State. If the report of the diplomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Department of Labor for its information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates.

SEC. 502. The Secretary of State is hereby authorized to issue, in his discretion and in accordance with rules and regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satisfactory evidence that he is an American national and that such certificate is needed for use in judicial or administrative proceedings of a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appropriate official channels to the judicial or administrative officers of the foreign state in which it is to be used.

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SEC. 503. The following acts or parts of acts are hereby repealed:

Section 1992, Revised Statutes (U. S. C., title 8, sec. 1);

Section 1993, Revised Statutes, as amended by section 1, Act of May 24, 1934 (48 Stat. 797; U. S. C., title 8, sec. 6);

Section 2166, Revised Statutes, as limited by section 2, Act of May 9, 1918 (40 Stat. 546–547; U. S. C., title 8, sec. 395);

Section 2172, Revised Statutes (U. S. C., title 8, sec. 7);

Section 100, Act of April 30, 1900 (31 Stat. 161; U. S. C., title 8, sec. 385 (first paragraph));

Act of June 29, 1906, chapter 3592 (34 Stat. 596) (except subdivisions 6 and 8 of sec. 4 and secs. 10, 16, 17, 19, and 26, thereof), as added to, supplemented, or amended by section 1, Act of June 25, 1910

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