has or shall have terminated, if no other nationality was acquired by affirmative act other than such marriage, shall, from and after the taking of the oath of allegiance prescribed by subsection (b) of section 334 of this chapter, be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922. (2) Such oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United States before the judge or clerk of a court having jurisdiction to naturalize aliens as citizens of the United States.

(3) Such oath of allegiance shall be entered in the records of the appropriate embassy or legation or consulate or naturalization court, and, upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy or legation or consulate or naturalization court, shall be delivered to such woman at a cost not exceeding $1, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States.

Proposed section 316 (b) carries into the proposed code the substance of the act of June 25, 1936 (Public, No. 793; 49 Stat. 1917; U. S. C., supp. II, title 8, sec. 9a) providing for the repatriation of certain former women citizens who had theretofore lost their citizenship by marriage to aliens. As enacted, it refers to "native-born" citizens only, leaving in doubt the status of women who were born into citizenship out of the limits and jurisdiction of the United States by reason of being the children of citizen fathers who had resided in the United States prior to the birth of the children. As proposed, the language, "a citizen of the United States at birth," would include both citizens under section 1993 of the United States Revised Statutes and citizens born in the United States subject to its jurisdiction and, therefore, citizens under section 1 of the fourteenth amendment to the Constitution. This proposed subsection would also clarify the status of such a woman from the effective date of the proposed code until she has taken the oath of allegiance prescribed by the naturalization law. While the act of June 25, 1936, provides that thereafter a woman of the class to which the act relates shall be deemed to be a citizen of the United States, it adds the restriction that such woman shall not have or claim any rights of a citizen of the United States until she has taken the oath of allegiance. It is proposed that the resumption of her citizenship shall be effective only from the taking of the oath of allegiance.

Sec. 317.

(a) A former citizen of the United States expatriated through the expatriation of such person's parent or parents and who has not acquired the nationality of another country by any affirmative act other than the expatriation of his parent or parents may be naturalized upon filing a petition for naturalization before reaching the age of twenty-five years and upon compliance with all requirements of the naturalization laws with the following exceptions:

(1) No declaration of intention and no certificate of arrival and no period of residence within the United States or in a State shall be required; (2) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner;

(3) If there is attached to the petition at the time of filing, a certificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing; and

(4) Proof that the petitioner was at the time his petition was filed and at the time of the final hearing thereon a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States, and that he intends to reside permanently in the United States shall be made by any means satisfactory to the naturalization court.

(b) No former citizen of the United States, expatriated through the expatriation of such person's parent or parents, shall be obliged to comply with the requirements of the immigration laws, if he has not acquired the nationality of another country by any affirmative act other than the expatriation of his parent or parents, and if he has come or shall come to the United States before reaching the age of twenty-five years.

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(c) After his naturalization such person shall have the same citizenship status as if he had not been expatriated.

Proposed section 317, (a), (b), and (c), cover a large group of former citizens of the United States who, while minors, lost their citizenship through the expatriation abroad of the parent or parents. This situation was discussed at length by the Attorney General of the United States in the Tobiassen Case (36 Op. Atty. Gen. 535 (1932)). See also, United States v. Reid (C. C. A., 9th Circuit, 1934), 73 F. (2d) 153). There is now no provision for their naturalization except by compliance with all the usual requirements including the filing of a declaration of intention at least 2 years prior to the petition for naturalization and 5 years' continuous residence immediately preceding the filing of the petition.

As many such former citizens were brought back to the United States during childhood and have lived most of their lives in this country the same restrictions upon naturalization would not appear to be either necessary or desirable.

It has been felt to be equitable and desirable that opportunity be accorded such persons to become naturalized without the usual formalities of residence and proof, provided they petition for naturalization before a naturalization court in the United States before reaching the age of 25 years and establish by evidence satisfactory to the court that they are then persons of good moral character, attached to the principles of the Constitution of the United States, well disposed to the good order and happiness of the United States and intend to reside permanently in this country. Such persons after naturalization would have the same citizenship status as though they had not been expatriated.

It is felt that persons that have thus lost their citizenship as minors through no action of their own and without volition on their part and who, through the act of a parent or parents have technically become aliens, should not be forced to conform to the requirements of the immigration laws if they have not acquired the nationality of a foreign country by any affirmative act other than the expatriation of the parent or parents, provided the child has come or shall come to the United States before reaching the age of 25 years.

Sec. 318.

(a) A person who as a minor child lost citizenship of the United States through the cancellation of the parent's naturalization on grounds other than actual fraud or on the ground specified in the second paragraph of section 15 of the Act of June 29, 1906, as amended (34 Stat. 601; 40 Stat. 544, U. S. C., title 8, section 405), or who shall lose citizenship of the United States under subsection (c) of section 337 of this chapter, may, if such person resided in the United States at the time of such cancellation and if, within two years after such cancellation or within two years after the effective date of this section, such person files a petition for naturalization or such a petition is filed on such person's behalf by a parent or guardian if such person is under the age of eighteen years, be naturalized upon compliance with all requirements of the naturalization laws with the exception that no declaration of intention shall be required and the required five-year period of residence in the United States need not be continuous. Proposed section 318 (a) concerns the children of persons whose naturalization has been revoked because of illegality. The children of such persons, had the naturalization been valid, would have become citizens as minors residing permanently within the United States. Inasmuch as they are usually the innocent victims of the parent's illegal naturalization, and as the parents themselves as a rule have not wilfully evaded the requirements of the naturalization law where the cancellation is based upon illegality and not actual fraud, the children would seem to be entitled to some relaxation from the usual requirements for naturalization.

The Attorney General has held that, under the law now in effect, the wife and child who, if the naturalization of the husband and father had been valid, would have been citizens of the United States, did not become citizens where the naturalization was fraudulently obtained and later canceled. The Attorney General held that such result followed even though the cancellation of the naturalization grew out of the presumption of fraud raised because the naturalized person took up permanent residence abroad within 5 years after his naturalization (36 Op. Atty. Gen. 446 (1931) ). The Circuit Court of Appeals for the Third Circuit took the same view as to the alleged citizenship of the wife of the naturalized person where the naturalization was canceled because of actual fraud (Rosenberg v. United States (1932), 60 F. (2d) 475).

This subsection provides that a person included within its scope might be naturalized upon compliance with all the requirements of the naturalization laws other than making a declaration of intention and showing that the required 5year period of residence within the United States was continuous.

However, in order to be qualified, an applicant under this proposed subsection must have resided in the United States at the time of the cancellation of the parent's naturalization, and the petition for naturalization must be filed within 2 years after the cancellation or within 2 years after the effective date of this section. If the child is under the age of 18 years the petition may be filed in its behalf by a parent or guardian. The specified exemptions would not be available in any case where the parent's naturalization was canceled on the ground of actual fraud. While the case referred to by the Attorney General involved presumptive and not actual fraud, it would seem unduly harsh to apply the rule to such cases where the status of children is involved. Therefore, the proposed subsection has been made applicable to cases of children where the naturalization of the parent has been canceled because of taking up permanent residence abroad within 5 years after naturalization.

(b) Citizenship acquired under this section shall begin as of the date of the person's naturalization, except that in those cases where the person has resided continuously in the United States from the date of the cancellation of the parent's naturalization to the date of the person's naturalization under this section, the citizenship of such person shall relate back to the date of the parent's naturalization which has been canceled or to the date of such person's arrival in the United States for permanent residence if such date was subsequent to the date of naturalization of said parent. Proposed section 318 (b) provides that citizenship under this section shall begin as of the date of the subsequent naturalization. An exception is made where the person has resided continuously in the United States from the date of the cancellation of the parent's naturalization to the date of the person's naturalization under this section. Here citizenship would relate back to the date of the parent's naturalization which has been canceled, or to the date of the person's arrival in the United States for permanent residence if the latter was subsequent to the parent's naturalization.

PERSONS MISINFORMED OF CITIZENSHIP STATUS

Sec. 319.-A person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July 1, 1920, and was on that date otherwise qualified to become a citizen of the United States, except that such person had not made a declaration of intention required by law and who during or prior to that time, because of misinformation regarding the citizenship status of such person, erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, may file the petition for naturalization prescribed by law without making the preliminary declaration of intention, and upon satisfactory proof to the court that petitioner has so acted may be admitted as a citizen of the United States upon complying with the other requirements of the naturalization laws.

Proposed section 319 continues in force the present provision by which certain persons, who have been misinformed that they were citizens and who have acted in good faith as citizens, may be naturalized without making a declaration of intention. In addition to the other and usual requirements residence uninterruptedly within the United States during the period of 5 years next preceding July 1, 1920, is required (subd. 10, sec. 4, act of June 29, 1906, as amended, as amended by sec. 10, act of May 25, 1932, 47 Stat. 166-167; U. S. C., title 8, sec. 377).

NATIONALS BUT NOT CITIZENS OF THE UNITED STATES

Sec. 320.-A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified may, if he becomes a resident of any State, be naturalized upon compliance with the requirements of this chapter, except that in petitions for naturalization filed under the provisions of this section, residence within the United States within the meaning of this chapter shall include residence within any of the outlying possessions of the United States.

Proposed section 320 continues the present provision of the Naturalization Act of 1906, making the naturalization law of the United States applicable

to persons not citizens who owe permanent allegiance to the United States, and who become residents of the United States. Residence within any of the outlying possessions not a part of the United States would be regarded as residence within the United States (sec. 30, act of June 29, 1906, 34 Stat. 606-607; U. S. C., title 8, sec. 360). The Supreme Court of the United States has stated that this provision of present law is limited to persons of the color and race made eligible by section 2169, United States Revised Statutes, that is, white persons and persons of African nativity or descent (Toyota v. United States (1925), 268 U. S. 402).

PUERTO RICANS

Sec. 321.-A person born in Puerto Rico of alien parents, referred to in the last paragraph of section 5, Act of March 2, 1917 (U. S. C., title 8, sec. 5), and in section 5a, of the said act, as amended by section 2 of the Act of March 4, 1927 (U. S. C., title 8, sec. 5a), who did not exercise the privilege granted of becoming a citizen of the United States, may make the declaration provided in said paragraph at any time, and from and after the making of such declaration shall be a citizen of the United States.

Proposed section 321 refers to a limited group of persons born in Puerto Rico of alien parents who under previous statutes have, from time to time, been given a specified period within which to declare their allegiance to the United States (sec. 5, act of March 2, 1917, 39 Stat. 953; U. S. C., title 8, sec. 5; sec. 5 (a), act of March 2, 1917, as added by sec. 2, act of March 4, 1927, 44 Stat. (pt. 2) 1418-1419; U. S. C., title 8, sec. 5a; and sec. 5 (b), act of March 2, 1917, as amended, as added by sec. 5 (b), act of June 27, 1934, 48 Stat. 1245).

It is believed to be desirable to permit this legislation to continue but without limitation of time, which heretofore has resulted in the enactment of the provision periodically.

PERSONS SERVING IN ARMED FORCES OR ON VESSELS

Sec. 322.-A person who, while a citizen of the United States and during the World War in Europe, entered the military or naval service of any country at war with a country with which the United States was then at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301 the oaths prescribed by section 334.

Proposed section 322 continues a part of the act of 1918 having for its purpose the prompt repatriation of former United States citizens who, previous to the entrance of the United States into the World War, lost citizenship through entering the armed forces of the allied countries. The adequate evidence of former United States citizenship and identity may be shown, appearance before a naturalization court in the United States is required. The present law permits the oath before a United States consul also (subd. 12, sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 545-546; U. S. C., title 8, sec. 18).

Sec. 323.

(a) A person including a native-born Filipino, who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years and who, if separated from such service, was separated under honorable conditions, may be naturalized without 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 or within six months after the termination of such service.

Probably the most complex, vague, and baffling provisions of the naturalization laws are those which provide for the naturalization of persons by reason of service in the various branches of the military and naval forces of the United States. They were not clear as to their scope prior to the World War, but the legislation hastily enacted during the time the United States was at war proved then and since to be even more difficult of interpretation and construction. So many separate classes were created and so many variations were made as to the proof to be furnished by each class that the precise requirements have

not as yet been fully determined (sec. 2166, R. S. U. S., as amended by sec. 2, act of May 9, 1918, 40 Stat. 547; U. S. C., title 8, sec. 395; sec. 4, act of June 29, 1906, as amended by the act of May 9, 1918, 40 Stat. 542-546; as amended by sec. 6 (d), act of March 2, 1929, 45 Stat. 1514, and sec. 2, act of May 25, 1932, 47 Stat. 165; U. S. C., title 8, secs. 388 to 394, inc.; (U. S. C., title 8, sec. 388)).

After the armistice additional military provisions were enacted extending for limited periods the benefits of World War legislation to persons who served in the military or naval forces of the United States (act of July 19, 1919, 41 Stat. 222; secs. 1 and 7, act of May 26, 1926, 44 Stat. (pt. 2) 654, 655; U. S. C., title 8, sec. 241; sec. 3, act of March 4, 1929, 45 Stat. 1546; U. S. C., title 8, sec. 392a; sec. 1, act of May 25, 1932, 47 Stat. 165; U. S. C., title 8, 392b; act of June 24, 1935 (Public, No. 160, 74th Cong.), and act of June 24, 1935 (Public, No. 162, 74th Cong.)).

The most recent legislation relating to World War veterans is that represented by two acts approved the same day, June 24, 1935, cited above. One provides for the naturalization of certain alien veterans of the World War who served in the armed forces of the United States, and who prior to the act of 1935 (Public, No. 162), were ineligible to citizenship because not free white persons or of African nativity or descent. This legislation also provides for the validation of naturalization judgments in the cases of such racially ineligible veterans as well as the certificates of naturalization issued thereon.

The other act of June 24, 1935 (Public, No. 160), extends the act of 1932 for the naturalization of alien veterans of United States forces to include petitions for naturalization which may be filed prior to May 25, 1937, with some of the liberal exemptions from the usual requirements which were offered during the World War. This measure contains an unusual provision in that its benefits are extended to include certain aliens who were lawfully admitted to the United States for permanent residence, who departed therefrom between August 1914 and the entrance of the United States into the World War, and who served honorably in the military or naval forces of any of the countries allied with the United States during the World War. This measure is, as indicated, temporary legislation and will continue for a period slightly less than 2 years.

Prior to the enactment of these two most recent laws, extended discussions were had with representatives of the War and Navy Departments concerning the desirability of a simplified procedure which, as permanent legislation, would apply equally to persons serving honorably in either the United States Army, Navy, Marine Corps, or Coast Guard. As a result there has been drafted proposed section 323, which is quoted in this report. It has been approved in substance by the representatives of those departments as a substitute for the many miscellaneous and widely varying provisions now in force.

Proposed section 323 (a) relieves from the requirements of 5 years' continuous residence in the United States immediately preceding the filing of a petition for naturalization and 6 months' residence in the State in which the petition is filed persons who have served honorably in such armed forces for a period or periods aggregating 3 years. In order that the exemptions may be directly related to the service rendered, the requirement is made that the petition for naturalization must be filed while the petitioner is still in the service or within 6 months after its termination.

(b) A person filing a petition under subsection (a) of this section shall comply in all respects with the requirements of this chapter except that— (1) No declaration of intention shall be required;

(2) No certificate of arrival shall be required;

(3) No residence within the jurisdiction of the court shall be required; (4) Such petitioner may be naturalized immediately if the petitioner be then actually in any of the services prescribed in subsection (a) of this section, and if, before filing the petition for naturalization, such petitioner and at least two verifying witnesses to the petition, who shall be citizens of the United States and who shall identify petitioner as the person who rendered the service upon which the petition is based, have appeared before and been examined by a representative of the Service.

Proposed section 323 (b) contains the exemptions which include waiver of the declaration of intention, certificate of arrival, residence within the jurisdiction of the court, and any delay in naturalization if the petitioner be actually in the service and prior to filing the petition for naturalization the petitioner and his verifying witnesses who identify him as the person rendering the service have