EXISTING LAWS

SEC. 1992. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States (act of April 9, 1866, as reenacted in Rev. Stats. 1878; U. S. C., title 8, sec. 1).

[Constitution of 1789, article 14 of the amendments.

SEC. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. * * * (Proclaimed July 28, 1868.)]

"SEC. 5. (a) That the Constitution, and, except as otherwise provided, all the laws of the United States, including laws carrying general appropriations, which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: * * *" (act of April 30, 1900 (concerning Hawaii), 31 Stat. 141, as amended, as amended by act of April 12, 1930, 46 Stat. 160; U. S. C., title 48, sec. 495).

SEC. 3. All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States (act of February 25, 1927 (concerning Virgin Islands), 44 Stat. 1235; U. S. C., title 8, sec. 5c).

SEC. 5b. All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing

PROPOSED CODE

SEC. 201. The following shall be nationals and citizens of the United States at birth:

(a) A person born in the United States, and subject to the jurisdiction thereof;

permanently abroad and are citizens or subjects of a foreign country: And provided further, That any woman, native of Puerto Rico and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason of her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be naturalized under the provisions of section 4 of the Act of September 22, 1922, entitled "An Act relative to the naturalization and citizenship of married women," as amended (act of March 2, 1917, 39 Stat. 965, as amended by act of June 27, 1934, 48 Stat. 1245).

All noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property (act of June 2, 1924, 43 Stat. 253; U. S. C., title 8, sec. 3).

SPECIAL ACTS RELATING TO CITIZENSHIP OF INDIANS

[Texts of these acts not printed]

Revised Statutes, 1878, sections 2310, 2312. (Stockbridge Munsee Tribes.)

Act of February 8, 1887, 24 Stat. 390, section 6. (Citizenship accorded allottees and Indians adopting civilized life.)

Act of August 9, 1888, 25 Stat. 392. (Indian women married to United States citizens.)

Act of March 3, 1901, 31 Stat. 1447. (Amending act of February 8, 1887.)

Act of May 8, 1906, 34 Stat. 182. (Further amending act of February 8, 1887.)

Act of November 6, 1919, 41 Stat. 350; U. S. C., title 8, sec. 3. (American In

dians serving in World War.)

Act of March 3, 1921, 41 Stat. 1250, sec. 3. (Osage Indians.)

Act of June 4, 1924, 43 Stat. 380, sec. 19. (Eastern band of Cherokees, citizens on completion of allotment.)

Act of January 25, 1929, 45 Stat. 1094. (Eastern band of Cherokees, citizenship confirmed.)

Act of June 19, 1930, 46 Stat. 787. (Eastern band of Cherokees, citizenship status of.)

Act of May 7, 1934, 48 Stat. 667. (Metlakahtla Indians of Alaska.)

SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such

(b) A person born in the United States to a member of an Indian, Esquimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) A person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of

child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twentyfirst birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization (Rev. Stats., 1878, sec. 1993, as amended by act of May 24, 1934, sec. 1, 48 Stat. 797; U. S. C., title 8, sec. 6).

(e) A person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who resided in the United States or one of its outlying possessions prior to the birth of such person;

(f) A child of unknown parentage found in the United States, until shown not to have been born in the United States;

(g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who has had ten years' residence in the United States or one of its outlying possessions, the other being an alien: Provided, That, in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years, and must within six months after his twenty-first birthday take an oath of allegiance to the United States: Provided further, That if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease.

The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the child's birth residing abroad solely or principally to represent the Government of the United States or 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;

(h) The foregoing provisions of subsection (g) concerning retention of citizenship shall apply to a child born abroad subsequent to May 24, 1934.

SEC. 5. * And Provided further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this act, or if a minor, upon reaching his majority or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Puerto Rico, setting forth therein all the facts .connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States (act of March 2, 1917, 39 Stat. 965; U. S. C., title 8, sec. 5).

SEC. 202. All persons born in Puerto Rico on or after April 11, 1899, subject to the jurisdiction of the United States, residing on the effective date of this Act in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are hereby declared to be citizens of the United States.

SEC. 203. Unless otherwise provided in section 201, the following shall be nationals, but not citizens, of the United States at birth:

(a) A person born in an outlying possession of the United States of parents one of whom is a national, but not a citizen, of the United States;

[Revised Statutes, 1878, sec. 1993, as amended by Act of May 24, 1934, sec. 1, 48 Stat. 797; U. S. C., title 8, sec. 6. See opposite sec. 201 (c).]

of its outlying possessions prior to the birth of such person;

(c) A child of unknown parentage found in an outlying possession of the United States, until shown not to have been born in such outlying possession.

SEC. 204. The provisions of section 201, subsections (c), (d), (e), and (g), and section 203, subsections (a) and (b), hereof apply, as of the date of birth, to a child born out of wedlock, provided the paternity is established during minority, by legitimation, or adjudication of a competent court.

In the absence of such legitimation or adjudication, the child, if the mother had the nationality of the United States at the time of the child's birth, and had previously resided in the United States or one of its outlying possessions, shall be held to have acquired at birth her nationality status.

EXISTING LAWS

SEC. 3. That exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts:

United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the Supreme Court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.

That the naturalization jurisdiction of all courts herein specified, State, Territorial, and Federal, shall extend only to aliens resident within the respective judicial districts of such courts (act of June 29, 1906; 34 Stat. 596; U. S. C., title 8, sec. 357).

SEC. 41. That Porto Rico shall constitute a judicial district to be called "the district of Porto Rico." * * * The district court for said district shall be called "the District Court of the United States for Porto Rico," and *** said district court shall have jurisdiction for the naturalization of aliens and Porto Ricans, and for this purpose residence in Porto Rico shall be counted in the same manner as residence elsewhere in the United States. * * * (act of March 2, 1917; 39 Stat. 965; U. S. C., title 8, sec. 358, and title 48, sec. 863).

SEC. 4. The district court of the Virgin Islands of the United States shall have jurisdiction for naturalization purposes (including jurisdiction for the purpose of setting aside and canceling certificates of citizenship under section 15 of the act entitled "An Act to establish a Bureau of Immigration and Naturaliza

PROPOSED CODE

SEC. 301. (a) Exclusive jurisdiction to naturalize persons as citizens of the United States is hereby conferred upon the following specified courts: District courts of the United States now existing, or which may hereafter be established by Congress in any State, District Courts of the United States for the Territories of Hawaii and Alaska, and for the District of Columbia and for Puerto Rico, and the District Court of the Virgin Islands of the United States; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all the courts herein specified to naturalize persons shall extend only to such persons resident within the respective jurisdictions of such courts, except as otherwise specifically provided in this chapter.