[Presumption of expatriation arising against Americans residing abroad and rules prescribed by the Department of State whereunder the presumption may be overcome:

1. Section 2 of the act of March 2, 1907 (34 Stat. 1228; U. S. C., title 8, sec. 17), concerning expatriation provides in part as follows:

"SEC. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign State in conformity with its laws, or when he has taken an oath of allegiance to any foreign State.

"When any naturalized citizen shall have resided for two years in the foreign State from which he came, or for five years in any other foreign State it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or 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 para

SEC. 404. Subsection (b) of section 402 shall have no application to a person:

(a) Who shall have resided in the United States not less than twenty-five years subsequent to his naturalization and shall have attained the age of sixtyfive years when the foreign residence is established;

(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, 19:20, 46 Stat. 854; and act of March 3, 1931, 46 Stat. 1511).

That for the purposes of subdivision (b) of section 3 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922, as amended, a woman born in Hawaii prior to June 14, 1900, shall, if residing in the United States on the date of enactment of this Act, be considered to have been a citizen of the United States at birth (act of July 2, 1932; 47 Stat. 571). SEC. 5. * * *

(b) 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: * 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 citi

** *

(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 twenty-one 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), er (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.

zenship, 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 June 27, 1934: 48 Stat. 1245).

[Sec. 4 of the act of September 22, 1922, as amended by act of July 3, 1939; 46 Stat. 854; U. S. C., title 8, sec. 369, provides:

SEC. 4. (a) A woman who has lost her United States citizenship by reason of her marriage to an alien eligible to citizenship or by reason of the loss of United States citizenship by her husband may, if eligible to citizenship and if she has not acquired any other nationality by affirmative act, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the United States or within the county where the petition is filed shall be required;

(2) The petition need not set forth that it is the intention of the petitioner to reside permanently within the United States;

(3) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner ;

(4) 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.

(b) After her naturalization such woman shall have the same citizenship status as if her marriage, or the loss of citizenship by her husband, as the case may be, had taken place after this section, as amended, takes effect.]

[That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws * * * (act of March 2, 1907, 34 Stat. 1228; U. S. C., title 8, sec. 17).]

[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

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 section 402 or 405 of this chapter until the expiration

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).]

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.

EXISTING LAWS

SEC. 32. * * *

(b) Upon payment to the Commissioner of Naturalization of a fee of $10, the Commissioner shall issue, for any naturalized citizen, a special certificate of citizenship, 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, sec. 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 (fficer 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.

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));