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Mr. LESINSKI. Then on line 7, page 17, after the word "naturalized” the words "on or after May 24, 1934” are inserted, and in the same line the words “after such date” are stricken out. Without objection, those amendments will be agreed to.

(The amendments were agreed to.)

Nr. LESINSKI. On page 17, line 17, the words "Hawaii, Alaska, or Puerto Rico" are stricken out. Without objection, that amendment will be agreed to.

(The amendment was agreed to.)

Mr. LESINSKI. On page 17, line 20, after the word "woman” the words "on or after” are inserted, and the words "since 12 o'clock noon, eastern standard time” are stricken out. Without objection, those amendments are agreed to.

(The amendments were agreed to.)

Mr. LESINSKI. On page 18, line 3, after the word "person” the words "on or” are inserted, and in line 4 the words “12 o'clock noon, eastern standard time” are stricken out. If there are no objections to those corrections, the amendments will be agreed to.

(The amendments were agreed to.)

Mr. LESINSKI. In line 7, page 18, the words "12 o'clock noon, eastern standard time” are stricken out. Without objection, that amendment is agreed to.

(The amendment was agreed to.)

Mr. LESINSKI. In line 14, page 18, “310” is stricken out, and “311” is inserted in lieu thereof. Without objection, that amendment is approved. (The amendment was approved.)

Mr. LESINSKI. On page 19, line 7, change “311” to “312”. Without objection, that amendment is approved.

(The amendment was approved.)

Mr. LESINSKI. On page 19, line 9, after the words “United States." insert the following language: or of an American institution of research recognized as such by the Secretary of Labor, or an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof.

Mr. REES. Section 312.
Mr. LESINSKI. The insertion that I just read.
Mr. REES. So that it will read:

SEC. 312. An alien, whose spouse is (1) a citizen of the United States, (2) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Secretary of Labor, or an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, and (3) regularly stationed abroad in such employment.

I think the State Department can give us briefly the reason for that. Mr. MASON. You will have to go on and read what happens.

Mr. REES (reading): and who is (1) in the United States at the time of naturalization, and (2) declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all requirements of the naturalization laws, with the following exceptions :

Mr. MASON. Now we may naturalize that kind of person with the following exceptions?

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Mr. REES (reading):

(a) No declaration of intention shall be required; and (b) no prior residence within the United States or within the jurisdiction of the naturalization court or proof thereof shall be required.

Mr. REES. I think that is of more interest to the Department of Labor.

Mr. HAZARD. There are a great many people who are sent abroad in the employment of the Government of the United States or who are abroad in the furtherance of American trade or commerce or who represent American scientific institutions abroad who are not able to comply with the regular residential requirements. This statute would permit such persons, on proof of that fact, to be naturalized with regard to their absence from the country. It would require lawful admission for permanent residence, but whatever absence there was from the United States would be excused by virtue of this provision.

Mr. LESINSKI, On line 10, page 19, insert after the word "abroad” “in such employment,” and on the same line strike out "under orders of such Government,” and then on the same page, line 19, after the words. "United States” insert “or within the jurisdiction of the naturalization court."

Mr. Mason. I approve of all of that.

Mr. LESINSKI. Then, on the same page, line 22, change sectio! "312" to section “313.” Are there any objections to those changes?

Mr. MASON. No.

Mr. LESINSKI. On pages 20 and 21, section (313” to section (314," and change section "314" to section "315," and section "315" to section 56316."

Mr. Mason. I approve all of those changes of numbers of the sections.

Mr. LES!NSKI. That is just changing the numbers of the sections.

On page 22, change section "316" to "317", and in line 5, strike out the word “born” and in line 6 strike out “or who otherwise acquired citizenship of the United States," and in line 11, after the word "marriage" strike out the comma.

Those are all of the corrections on page 22, and if there are no objections, the same stand approved.

On page 23, line 17, section (334” is changed to "335", and on line 23, after the word "a", insert the word "naturalization", and on the same page, line 23, strike out the last word, “having” and continue striking out the words “jurisdiction to naturalize aliens as citizens of the United States.'

Mr. MACIEJEWSKI. There is no objection to those changes.
Mr. LESINSKI. And on page 24, change section (317" to "318."
Mr. Mason. No objection.
Mr. LESINSKI. And on page 25 change section (318" to section “319."
If there is no objection, the suggested changes stand approved.

On page 26, line 2, strike out the words “on the ground” after the word “or” and insert after the word “or” the words “presumptive fraud as", and then in line 6, change section (337" to "338."

Then on page 27, change section (319" to "320", and change section "320" to "321."

If there is no objection, the same stands approved.

On page 28, change section (321” to “322", and in line 12, page 28, change section “322' to section "323", and in line 20 on the same page, change section "334" to section "335", and in line 21, page 28, change section "323" to section "324."

Mr. Mason. All right. Mr. LESINSKI. If there are no objections, the same stands approved. There are no corrections on page 29.

On page 30, line 15, change section "308" to section “309." There are no other changes on that page.

If there are no objections, the same stands approved.
On page 31, line 8, change section “324” to *325."

In line 16, following the words "naturalized without”, strike out complying with the requirements as to five years' residence within the United States and six months' residence in the State, if such person files a petition for naturalization while still in the Service on a reenlistment. That word "reenlistment" should be stricken out.

Mr. HAZARD. No; just part of the word.

Mr. LESINSKI. You have "Service on a reen”, and then on the next line "listment” is not stricken out.

Mr. HAZARD. It remains.
Mr. LESINSKI. On line 20 you have left "listment,"

Mr. Mason. Yes; because they have put in a change here in these other new words.

Mr. LESINSKI. And in lieu of the words stricken out insert: having resided continuously immediately preceding the date of filing such person's petition, in the United States for at least five years, and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the Service on a reenlistment, reappointment or reshipment, or within six months after an honorable discharge or separation therefrom.

Is there any objection to that? If not, the same is approved. In line 23, change section “323” to section “324." Mr. MACIEJEWSKI. Yes. Mr. LESINSKI. On page 32, line 4, change "section 325” to "section 326." In line 6, after the word "war", strike out "shall not be admitted to become," and insert the words "may be naturalized as." In line 7, after the words "United States," strike out the word "unless" and insert the word "if," and in line 9 strike out the word "existence" and insert the word “beginning", and in line 9, after the word "at”, insert “the beginning of the state of war."

Mr. MACIEJEWSKI. And on the same line, line 9, strike out the words "that time".

Mr. LESINSKI. Yes; strike out in line 9 the words "that time." After striking out "that time” insert “the beginning of the state of war."

In line 11, after the word "or" strike out the words "unless the" and insert the word "his" and in line 12, after the word "shall” strike out the word “then” and insert the words "at the beginning of the state of war." If there are no objections to the corrections, the same will stand approved.

Mr. MACIEJEWSKI. On page 33 you have just one change.

Mr. LESINSKI. On page 33, line 11, change "section 326" te "section 327."

years old.

If there are no objections, the same stand approved.
On pages 34 and 35 there are no changes.
On page 36, line 7, change "Sec. 327" to "SEC. 328."
If there are no objections, the same stands approved.

On page 37, line 10, change “Sec. 328" to "Sec. 329," and in line 14, page 37, change "section 327" to "section 328."

In line 25, page 37, change "Sec. 329” to “Sec. 330." If there are no objections, the same stands approved. On page 38 there are no changes. On page 39, line 4, change "SEC. 330” to “Sec. 331." In line 12, after the word "contain" insert the word “substantially."

In line 17 strike out the words "I now reside at" and insert "My present place of residence is.”

In line 20 strike out “My age is” and insert "I am
If there is no objection, the changes stand approved.

The CHAIRMAN. At this point I move we accept page 39, section 331, all of the standard forms used by the Department with all of the corrections. Those are all technical changes.

Mr. MACIEJEWSKI. And I make the same suggestion with respect to the petition for naturalization, Mr. Chairman.

Mr. LESINSKI. What page, Mr. Chairman?

The CHAIRMAN. Page 39, beginning with line 4 and including page 47, line 12

Mr. MACIEJEWSKI. Yes.

Mr. LESINSKI. If there are no objections, the changes will stand approved.

On page 47, line 13, change “SEC. 332" to "Sec. 333."
If there are no objections, the same stands approved.

On page 48, line 16, change “Sec. 333" to "Sec. 334," and on page 49, change “section 332" to "section 333."

If there is no objection, the same stands approved.

Mr. MACIEJEWSKI. I make the same suggestion with respect to the oath, Mr. Chairman. I think we should pass that up, starting with line 7, page 50, and following all the way through to page 51, line 21.

Mr. LESINSKI. If there are no objections, the same stands approved. On page 51, line 23, change "Sec. 335” to “Sec. 336."

On page 52, line 2, after the word "contain," insert the word "substantially," and on the same page, line 18, change "Sec. 336" to “SEC. 337."

On page 53 there are no changes.
If there is no objection, the same stands approved.

On page 54, line 18, change "Sec. 337" to "Sec. 338,” and on page 55, line 2, after the word "such" insert the words "order and," and in line 3, page 55, strike out the word "was,” and insert in lieu thereof the word "were, and on page 55, line 16, strike out the word "ten” and insert in lieu thereof the word "five." If there is no objection to the changes on pages 54 and 55, the same stand approved.

On page 56, starting with line 12, and ending with line 20, all of that is stricken out, and inserted in lieu thereof is:

(d) The revocation and setting aside of the order admitting any person to citizenship and canceling his certificate of naturalization under the provisions of subsection (a) of section 338 shall not, where such action takes place after the effective date of this Act, result in the loss of citizenship or any right or privilege of citizenship which would have been derived by or available to a

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wife or minor child of the naturalized person had such naturalization not been revoked, but the citizenship and any such right or privilege of such wife or minor child shall be deemed valid to the extent that it shall not be affected by such revocation : Provided, That this subsection shall not apply in any case where the revocation and setting aside of the order was the result of actual fraud.

Mr. Rees. That is quite a little change from the way the Code is written. It came into consideration at the suggestion of the group represented by Mr. Butler. Was it your group that suggested that change, Mr. Butler?

Mr. BUTLER. Yes; we did suggest it, Mr. Rees. Whether it was entirely at our instigation, I do not know, but we suggested that change.

Mr. Hazard. The Department of Labor agreed to it because of the hardships in the case of children who had to be deported where the parents had been naturalized and later naturalization was canceled, the children having come into the United States in the meantime.

Mr. REES. Is there anyone here who wants to discuss the reason for that further?

Mr. Mason. I do not see any objection to it. If we revoke a father's citizenship because of certain actions and the child should become a citizen, I do not see why it should apply to the child also.

Mr. HAZARD. Some of the courts have taken that view.

Mr. Mason. Yes; I understand that, and this is changing that. I have no objection to this change.

Mr. LESINSKI. If there is no objection, the same stands approved. On

page 57 there are no corrections. Mr. MACIEJEWSKI. Beginning with page 58, line 9, “Certificates of derivative citizenship," and continuing all of the way to page 80, line 24, it is all a matter of record, and so forth, and I move you that those small changes which have been made be approved.

Mr. LESINSKI. If there is no objection the changes from page 58 to page 80, line 24, are approved.

Now, beginning on page 81, that is controversial.

Mr. Rees. I want to raise this question to the committee at this point: Prior to 1906 a person could declare his intention to become a citizen of the United States, and having resided here 5 years, he could bring his declaration of intention into court at any time, and all other things being regular, he could apply for citizenship, file his petition for final papers, as we call it. Then after 1906 there was a requirement that if he did not file his petition for citizenship within 5 years after he secured his declaration of intention

Mr. MACIEJEWSKI. Pardon me, within 7 years.

Mr. Rees. Yes; I should say within 7 years, yes. In other words, he was required to come in within 7 years. Now, this code does not make any provision with reference to that question, but leaves it open as it was prior to 1906. Now, I would like to get the opinion of the members of the committee on the question, or if they would like to ask the Departments about it, I would be glad to have them do so. Personally, I think there should be a time limit set on it. I think that a person who declares his intention to become a citizen of the United States should show enough interest in becoming a citizen somewhere along the line to come into court and complete his citizenship after

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