Proposed subsection (f) continues the present procedure by which the court in which a judgment of naturalization has been revoked or a certificate of naturalization canceled, or both, is required to make the necessary order reciting such action and to send a certified copy of the order to the Commissioner of Immigration and Naturalization. If some court other than that in which the cancellation proceedings occurred naturalized the person whose citizenship is revoked, appropriate record of the proceedings is to be sent to the court in which the original action took place to be there recorded (sec. 15, act of June 29, 1906, 34 Stat. 601; U. S. C., title 8, sec. 405; as amended by section 1, act of May 9, 1918, 40 Stat. 544). Any person holding a certificate of naturalization which has been canceled is required upon notice by the court, or the Commissioner, to surrender the canceled certificate to the latter official. This action is taken to prevent the certificate which has been revoked being improperly used by the former naturalized person or by anyone else into whose hands it might happen to fall.

(g) The provisions of this section shall apply not only to any naturalization granted and to certificates of naturalization and citizenship issued under the provisions of this chapter, but to any naturalization heretofore granted by any court, and to all certificates of naturalization and citizenship which may have been issued heretofore by any court or by the Commissioner based upon naturalization granted by any court.

Proposed subsection (g) includes within the scope of revocation proceedings naturalization and certificates of naturalization and citizenship, whether granted prior or subsequent to the enactment of the proposed code, and certificates which may have been issued by the Commissioner on the basis of naturalization granted by any court.

The present statute relating to this subject also applies to proceedings had both prior to and after the Naturalization Act of 1906 became effective (sec. 15, act of June 29, 1906, 34 Stat. 601; U. S. C., title 8, sec. 405).

CERTIFICATES OF DERIVATIVE CITIZENSHIP

Sec. 338.-A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a spouse may apply to the Commissioner for a certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen, and that the applicant's alleged citizenship was derived as claimed, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of a petitioner for naturalization, such individual shall be furnished by the Commissioner or a Deputy Commissioner with a certificate of citizenship, but only if such individual is at the time within the United States.

Proposed section 338 continues the basic provisions of the present law which authorizes the Commissioner of Immigration and Naturalization to issue certificates of citizenship to persons who derived citizenship status through the naturalization of a parent or a spouse (sec. 33 (a), act of June 29, 1906, as amended, as amended by sec. 9, act of March 2, 1929, 45 Stat. 1515; and sec. 5, act of March 25, 1932, 47 Stat. 166; U. S. C., title 8, sec. 399c (a)).

The proposed measure is somewhat broader in that the law discriminates against the alien woman who became a citizen prior to September 22, 1922, by marriage to a person who at the time of marriage was a native or a naturalized citizen of the United States. Such citizen wives are not included within the scope of the present law which provides for the issuance of such certificates only to alien women who married aliens who later became naturalized as citizens. As a matter of fairness, as well as uniformity, each of these three groups of married women citizens should be granted the privilege of securing documentary evidence of their citizenship.

REVOCATION OF CERTIFICATES ISSUED BY THE COMMISSIONER OR A DEPUTY COMMISSIONER

Sec. 339.-The Commissioner is authorized to cancel any certificate of citizenship or any copy of a declaration of intention or certificate of naturalization heretofore or hereafter issued by the Commissioner or a Deputy Commissioner if it shall appear to the Commissioner's satisfaction that such document_was illegally or fraudulently obtained from the Commissioner or a Deputy Commissioner; but the person to whom such document has been issued, shall be given at such person's last known place of address, written notice of the

intention to cancel such document with the reasons therefor and shall be given at least sixty days in which to show cause why such document should not be canceled.

Since the Naturalization Act of 1906, administrative officers of the Department of Labor have issued large numbers of copies of declarations of intention and certificates of citizenship in lieu of the originals alleged to have been lost, mutilated, or destroyed. In 1929 specific legislative authority for the issuance of such documents was granted (sec. 32 (a), act of June 29, 1906, as amended, as amended by sec. 9, act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, sec. 399b (a)).

The act of 1929, above referred to, also provided for the administrative issuance of special certificates of citizenship for the purpose of obtaining recognition as a citizen of the United States by the country of such citizen's former allegiance, and the certificates of derivative citizenship referred to in proposed section 338 (sec. 32 (b), act of Juhe 29, 1906, as amended, as amended by sec. 9 (b), Act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, secs. 399b (b) and 399c (a)).

Subsequently, by the act of 1932, the naturalization administrative officers were authorized to issue certificates of citizenship to any naturalized citizen who, subsequent to naturalization, had his or her name changed by order of court or by marriage (sec. 32 (c), act of June 29, 1906, as amended, as amended by sec. 4, act of May 25, 1932, 47 Stat. 165-166; U. S. C., title 8, sec. 399b (c)).

Heretofore there has been no means of recalling or revoking any of the documents evidencing naturalization or citizenship status which may have been obtained illegally or fraudulently from the officers in charge of the administration of the immigration and naturalization law. This has left open a wide avenue for fraud, as there is a more or less extensive traffic here and abroad in naturalization documents evidencing United States citizenship status. A provision, section 339, has, therefore, been inserted in the proposed code authorizing the Commissioner, upon adequate proof of the illegal or fraudulent procurement of such documents, and after due notice of at least 60 days to the persons to whom they were issued, to cancel such documents. Such cancellation would affect only the document and not the individual's citizenship.

DOCUMENTS AND COPIES ISSUED BY THE COMMISSIONER OR A DEPUTY
COMMISSIONER

Sec. 340.

(a) A person who claims to have been naturalized in the United States under section 322 of this chapter may make application to the Commissioner for a certificate of naturalization. Upon proof to the satisfaction of the Commissioner or a Deputy Commissioner that the applicant is a citizen and that he has been naturalized as claimed in the application, such individual shall be furnished a certificate of naturalization by the Commissioner or a Deputy Commissioner, but only if the applicant is at the time within the United States.

Proposed section 340 carries into effect the provisions of the present law by which the Commissioner of Immigration and Naturalization is authorized to issue certain documents as evidence of naturalization or citizenship status.

Proposed subsection (a) relates to persons who have been repatriated after having lost citizenship through an oath taken for the purpose of entering the military or naval service of one of the countries allied with the United States during the World War (subd. 12, sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 545-546; and act of June 21, 1930, 46 Stat. 791; U. S. C., title 8, sec. 18).

(b) If any certificate of naturalization or citizenship issued to any citizen, or any declaration of intention furnished to any declarant, is lost, mutilated, or destroyed, the citizen or declarant may make application to the Commissioner for a new certificate or declaration. If the Commissioner or a Deputy Commissioner finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration. If the certificate or declaration has been mutilated, it shall be surrendered to the Commissioner or a Deputy Commissioner before the applicant may receive such new certificate or declaration. If the certificate or declaration has been lost, the applicant or any other person who may come into possession of it is hereby required to surrender it to the Commissioner or a Deputy Commissioner.

Proposed subsection (b) relates to the issuance of declarations of intention and certificates of naturalization or of citizenship in lieu of those which have been lost, mutilated, or destroyed (sec. 32 (a), act of June 29, 1906, as amended, as amended by sec. 9, act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, sec. 399b (a)).

Provision has been made for the surrender of any certification or declaration which has been mutilated or which has been lost and is later found.

(c) The Commissioner or a Deputy Commissioner shall issue for any naturalized citizen, on such citizen's application therefor, a special certificate of naturalization for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by a foreign state. Such certificate when issued shall be furnished to the Secretary of State for transmission to the proper authority in such foreign state.

Proposed subsection (c) is based upon the present statutory authority by which the Commissioner of Immigration and Naturalization is authorized to issue a special certificate of naturalization for the purpose of obtaining recognition as a citizen of the United States by the country of former allegiance (sec. 32 (b), act of June 29, 1906, as amended, as amended by sec. 9, act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, sec. 399 (b)).

The proposed subsection broadens the class of cases in which this certificate may be issued by making such a certificate applicable for use in any foreign state, instead of in the state of former allegiance only. Need for this change is shown.

(d) If the name of any naturalized citizen has, subsequent to naturalization, been changed by order of any court of competent jurisdiction, or by marriage, the citizen may make application for a new certificate of naturalization in the new name of such citizen. If the Commissioner or a Deputy Commissioner finds the name of the applicant to have been changed as claimed, the Commissioner or a Deputy Commissioner shall issue to the applicant a new certificate and shall notify the naturalization court of such action.

Proposed subsection (d) continues the present provision which authorizes the Commissioner of Immigration and Naturalization to issue a certificate in the new name of a naturalized citizen whose name subsequent to naturalization has been changed by court order or by marriage (sec. 32 (c), act of June 29, 1906, as amended, as amended by sec. 4, act of May 25, 1932, 47 Stat. 165-166; U. S. C., title 8, sec. 399b (c)).

(e) The Commissioner or a Deputy Commissioner is authorized to make and issue, without fee, certifications of any part of the naturalization records of any court, or of any certificate of naturalization or citizenship, for use in complying with any statute, State or Federal, or in any judicial proceeding. No such ceretification shall be made by any clerk of court except upon order of the court.

Proposed section 340 (e) continues the present provision by which the Commissioner of Immigration and Naturalization is authorized to make and issue without fee certification of any part of the naturalization records of any court or of any certificate of naturalization or citizenship, where such document is to be used in complying with a State or Federal statute, or in a judicial proceeding. This provision at present and as proposed prevents the clerk of the naturalization court from making any such certification except upon order of the court. This restriction has been found necessary because of the flood of certificates, certifications, exemplifications, and statements in a great variety of forms, which have been issued by clerks of courts, usually without adequate or any evidence of the identity of the persons to whom they were issued as the persons to whom the records relate. In view of the reprehensible traffic in naturalization and citizenship documents this limitation is a needed safeguard. The certifications authorized by this subsection, as in the present law, may be admitted in evidence equally with the originals (sec. 32 (d), act of June 29, 1906, as amended, as amended by sec. 4, act of May 25, 1932, 47 Stat. 166; U. S. C., title 8, sec. 399b (d)).

FISCAL PROVISIONS

Sec. 341.

(a) The clerk of each and every naturalization court shall charge, collect, and account for the following fees:

(1) For receiving and filing a declaration of intention, and issuing a duplicate and triplicate thereof, $2.50.

(2) For making, filing, and docketing a petition for naturalization, $5, including the final hearing on such petition, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the naturalization court.

Proposed subsection (a) (1) and (2) of section 341 would continue in effect the present naturalization fees of $2.50 for the declaration of intention and $5 for the petition for naturalization, including final hearing and the issuance of the certificate of naturalization if authorized by the court (sec. 13, act of June 29, 1906, as amended, as amended by sec. 1, act of April 19, 1934, 48 Stat. 597; U. S. C., title 8, sec. 402)..

(b) The Commissioner shall charge, collect, and account for the following fees:

(1) For application for record of registry, $18.

In providing for the registry of aliens under proposed subsection (b) (1), it was felt that the fee for an application for registry should be the equivalent of the cost of an immigration visa ($10) and the head tax ($8).

The present fee of $10 for creating a record of registry for an alien in whose case there is no record of entry into the United States is inconsistent with the amount ($18), which the alien who regularly entered the United States had to pay for a visa and head tax (sec. 1, act of March 2, 1929, 45 Stat. 1513, as amended by sec. 6, act of April 19, 1934, 48 Stat. 598; U. S. C., title 8, sec. 106a (b)).

(2) For the issuance of each certificate of arrival, $2.50.

The proposed fee of $2.50 for a certificate of arrival is that fixed at present (sec. 5, act of March 2, 1929, 45 Stat. 1513, as amended by sec. 3, act of April 19, 1934, 48 Stat. 597; U. S. C., title 8, sec. 380a).

(3) For application for a declaration of intention in lieu of a declaration alleged to have been lost, mutilated, or destroyed, $1.

(4) For application for a certificate of naturalization in lieu of one alleged to have been lost, mutilated, or destroyed, $1.

The proposed fee of $1 in case of any application for the issuance of a copy of a declaration of intention or certificate of naturalization in lieu of one alleged to have been lost, mutilated, or destroyed is that now charged (sec. 32 (a), act of June 29, 1906, as amended, as amended by sec. 4, act of April 19, 1934, 48 Stat. 597; U. S. C., title 8, sec. 399b (a)).

The present provision, however, relieves an "alien veteran," as defined by the naturalization law, from such fee (sec. 1, act of May 26, 1926, 44 Stat. 654; U. S. C., title 8, sec. 241 (a); and sec. 4, act of April 19, 1934, 48 Stat. 597; U. S. C., title 8, sec. 399b (a)).

(5) For application for a certificate of derivative citizenship, $5.

(6) For application for the issuance of a special certificate of citizenship to obtain recognition, $5.

The proposed fees for applications for certificates of derivative citizenship and for issuance of special certificates of citizenship to obtain recognition from a foreign state as a citizen of the United States are fixed at $5 each, the same as now obtains (sec. 33 (a), and 32 (b), act of June 29, 1906, as amended, as amended by sec. 2, act of April 19, 1934; 48 Stat. 597; U. S. C., title 8, secs. 399c (a) and 399b (b), respectively).

(7) For application for a certificate of naturalization under section 322, $1.

The proposed fee for a certificate of naturalization to a veteran of the allied forces who lost citizenship of the United States through service therein is $1, the same as the present fee (subd. 12, sec. 4, act of June 29, 1906, as amended, as amended by act of June 21, 1930, 46 Stat. 791; U. S. C., title 8, sec. 18),

(8) For application for a certificate of citizenship in changed name, $5. The proposed fee for an application for a certificate of citizenship where the naturalized person's name has been changed by order of court or through marriage is $5 as at present (sec. 32 (c), act of June 29, 1906, as amended, as amended by sec. 2, act of April 19, 1934, 48 Stat. 597; U. S. C., title 8, sec. 399b (c)).

(9) Reasonable fees with the approval of the Secretary, in cases where such fees have not been established by law, to cover the cost of furnishing, to other than officials or agencies of the Federal Government, copies, whether certified or uncertified, of any part of the records, or information from the records, of the Service. Such fees shall not exceed a maximum of 25 cents per folio, with a minimum fee of 50 cents for any one such service, in addition to a fee of $1 for any official certification furnished under seal. Provision is made in proposed subdivision (9) of section 341 (b) by which certifications of any part of the naturalization records of any court or of any certificate of citizenship may be made without fee by the Commissioner or a Deputy Commissioner for use in complying with a State or Federal statute or in any judicial proceeding. The Immigration and Naturalization Service, however, is continually being called upon for copies of or information from its records for other purposes. At the present time no charge is made for this service, although it is one of material value to those who request it and requires a considerable amount of time and labor of the Service personnel.

Proposed subsection (b) (9) of section 341, therefore, would permit, with the approval of the Secretary, reasonable fees where none have been established by law to cover the actual costs of rendering such service to persons other than officials or agencies of the Federal Government. The maximum fee has been fixed at 25 cents per folio, while the minimum has been placed at 50 cents, with a charge of $1 for certification under seal.

(c) The clerk of any naturalization court specified in subsection (a) of section 301 (except the courts specified in subsection (d) of this section), shall account for and pay over to the Commissioner one-half of all fees up to the sum of $6,000, and all fees in excess of $6,000, collected by any such clerk in naturalization proceedings in any fiscal year.

This subsection follows the present practice by which the clerks of naturalization courts other than United States district courts (except in Alaska) are required to account for and pay to the Commissioner one-half of all fees up to the sum of $6,000 and all fees in excess of $6,000, collected in naturalization proceedings in any fiscal year (sec. 13, act of June 29, 1906, 34 Stat. 600; U. S. C., title 8, sec. 402).

(d) The clerk of any United States district court (except in Alaska) and the clerk of the District Court of the United States for the District of Columbia shall account for and pay over to the Commissioner all fees collected by any such clerks in naturalization proceedings.

This subsection also follows the present law by which the clerks of United States district courts (except in Alaska) and the clerk of the District Court of the United States for the District of Columbia account for and pay to the Commissioner all naturalization fees (secs. 2 and 9, act of February 26, 1919, 40 Stat. 1182, 1183; sec. 9, act of February 26, 1919, supra, as amended by sec. 7, act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, sec. 402a; sec. 1, act of February 26, 1919, as amended by act of February 11, 1921, 41 Stat. 1099; U. S. C., title 28, sec. 557; and act of February 26, 1919, supra, as amended by sec. 1, act of March 4, 1921, 41 Stat. 1412; U. S. C., title 28, sec. 557).

(e) The accounting required by subsections (c) and (d) of this section shall be made and the fees paid over to the Commissioner by such respective clerks in their quarterly accounts which they are hereby required to render to the Commissioner within thirty days from the close of each quarter of each and every fiscal year, in accordance with regulations prescribed by the Commissioner.

The requirement of this subsection for quarterly accounting of fees by the clerks of courts follows substantially the present statutory requirement (sec. 13, act of June 29, 1906, 34 Stat. 600; U. S. C., title 8, sec. 402).

(f) The clerks of the various naturalization courts shall pay all additional clerical force that may be required in performing the duties imposed by