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the Department of Labor want to submit any further amendments than those contained in this revised bill as I have it before me?
Mr. Rees. Now, then, the Department of State, as I understand it, has one amendment that has not been included, and which they would like to have considered.
Mr. FLOURNOY. Or, rather, we have a different amendment to section 401 (a). I think I have given you a copy of our proposals, but I will be glad to
Mr. REES (interposing). You have a different amendment for section 401 (a)?
Mr. SHAUGHNESSY. For subsection (a) of section 401, Mr. Chairman.
Mr. REES. Yes.
Mr. FLOURNOY. And also the proposal which I mentioned last, this thing about the effective entry into a foreign army.
Mr. REES. And where is that to be inserted in the bill?
When I go back to the Department I will be glad to get a copy of it and send it to you and at the same time I will send it to the other two Departments.
Mr. REES. I just want to get the record as clear as I can. Just where would your amendment be inserted in this bill!
Mr. FLOURNOY. It is at the end of section 401.
Mr. REES. And does that amendment relate to the other subsections in this section 401?
Mr. FLOURNOY. Mr. Chairman there are two differences, I think; one relates to section 401 (a), which has been the principal subject of our discussion today.
Mr. REES. And the other
Mr. FLOURNOY. And the other relates to the classifications that we last discussed.
Mr. SHAUGHNESSY. May I interrupt?
Mr. SHAUGHNESSY. Unless we properly classify and style these sections the record will all be confused. 401 (a) is entirely different from section A of 401. In other words, our differences of opinion are on subsection (a) of section 401.
Mr. FLOURNOY. That is right.
Mr. SHAUGHNESSY. We had better keep it clear because it will make the record appear that we are in disagreement on section 401 (a).
Mr. FLOURNOY. I am not sure what you mean by section 401' (a). Mr. BUTLER. You see, here is section 401 (a) (indicating).
Mr. FLOURNOY. Our first proposal relates to section A. It is in parentheses of section 401.
Mr. SHAUGHNESSY. That is better.
Mr. FLOURNOY. I have already given you, I think, a copy of our proposals. In other words, our proposals are to take the place of what appears in red type on page 81 of the amended bill.
Mr. REES. Make it clearer than that. It is to take the place of the proposal submitted by the Labor Department.
Mr. FLOURNOY. Yes, sir,
Mr. REES. All right.
Mr. FLOURNOY. The other proposal, which we have discussed last, I think should be inserted at the end of section 401.
Mr. RILEY. Would it not be at the end of section 401 (c)?
Mr. REES. Then let the record show you have a further amendment that relates to the subject matter contained in section (c) of section 401.
Mr. FLOURNOY. Yes, sir. Mr. REES. Are there any further amendments to be submitted ? Mr. Noel, do you have any proposals?
Mr. NOEL. I have been glancing through it. It seems to be very much improved in the final draft. It looks pretty good to me, with the things that have been discussed this morning and the War Department's provisions.
I still see you have not defined a felony, convicted of a felony.
Mr. REES. Do you want to submit an amendment to be considered by the committee that has to do with the definition of a felony?
Mr. NOEL. I do not think I could submit one. The courts are in disagreement on it, too.
Mr. Rees. You raised a question about it.
Mr. NOEL. No. I just thought the committee would do the best they could do about it. These offenses do not seem to be labeled. Some are pretty serious matters, and others are not so serious.
I go back to our main proposition that we want a code. We can iron those other things out later.
Mr. REES. All right. Is there anything further that any one present wants to submit to this subcommittee?
As a matter of fairness to Mr. Henry F. Butler, I am not sure whether or not he wants to submit amendments to this subcommittee in addition to those he proposed the other day.
Mr. SHAUGHNESSY. Mr. Chairman, may I make this statement for the record : Mr. Henry F. Butler called me on the phone this morning about 9:30 and stated he would have to be in court, and wished me to convey the following thought to the chairman of the subcommittee: He wished to express his sincere appreciation for the extreme courtesy the subcommittee has extended to him, and he wished to say that as regards the various amendments now perfected he has nothing further to offer, and on the disagreement between the Departments of State and Labor on subsection (a) of section 401 of chapter 4, he is inclined to go along with the position taken by the Department of Labor.
I am making this statement at his request.
Mr. REES. If there are no other statements we will adjourn the hearing
(Whereupon, at 11:55 a. m., the hearing in the foregoing matter was adjourned subject to the call of the chairman.)
TO REVISE AND CODIFY THE NATIONALITY LAWS OF
THE UNITED STATES INTO A COMPREHENSIVE NATIONALITY CODE
THURSDAY, MAY 2, 1940
HOUSE OF REPRESENTATIVES,
Washington, D. C. The committee met at 11 a. m., Hon. Samuel Dickstein (chairman) presiding.
The CHAIRMAN. The meeting will please come to order.
We will now take up H, R. 6127, a bill to revise and codify the nationality laws of the United States into a comprehensive nationality code.
Without objection the bill will be made a part of the record. (The bill, H. R. 6127, is as follows:)
[H. R. 6127, 76th Cong., 1st sess. ] A BILL To revise and codify the nationality laws of the United States into a comprehensive
nationality code Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the nationality laws of the United States are revised and codified as follows:
SECTION 1. This Act may be cited as the Nationality Act of 1940.
Sec. 101. For the purposes of this Act(a) The term "national” means a person owing permanent allegiance to a state.
(b) The term "national of the United States” means (1) a citizen of the United States, or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
(c) The term “naturalization" means the conferring of nationality of a state upon a person after birth.
(d) The term "United States” when used in a geographical sense means the continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States.
(e) The term "outlying possessions” means all territory, other than as specified in subsection (d), over which the United States exercises rights of sovereignty, except the Canal Zone.
(f) The term “parent” includes in the case of a posthumous child a deceased parent.
(g) The term “minor” means a person under twenty-one years of age. SEC. 102. For the purposes of chapter III of this Act,
(a) The term “State" includes (except as used in subsection (a) of section 301), Alaska, Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands of the United States. 65495-45--14
(b) The term "naturalization court," unless otherwise particularly described, means a court authorized by subsection (a) of section 301 to exercise naturalization jurisdiction.
(c) The term "clerk of court" means a clerk of a naturalization court.
(d) The terms "Commissioner” and “Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.
(e) The term “Secretary" means the Secretary of Labor.
(f) The term "Service" means the Immigration and Naturalization Service of the United States Department of Labor.
(g) The term "designated examiner” means an examiner or other officer of the Service designated under section 333 by the Commissioner.
(h) The term "child" includes a child legitimated under the law of the child's residence or domicile, whether in the United States or elsewhere; also a child adopted in the United States, provided such legitimation or adoption takes place before the child reaches the age of sixteen years and the child is in the legal custody of the legitimating or adopting parent or parents.
SEC. 103. For the purposes of subsections (a), (b), and (c) of section 404 of this Act, the term "foreign state” includes outlying possessions of a foreign state, but does not include self-governing dominions or territory under mandate, which, for the purposes of these subsections, shall be regarded as separate states.
SEC. 104. For the purposes of sections 201, 307 (b), 403, 404, 405, 406, and 407 of this Act, the place of general abode shall be deemed the place of residence.
CHAPTER II-NATIONALITY AT BIRTH 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;
(b) A person born in the United States to a member of an Indian, Eskimo, 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 whom has resided in the United States or one of its outlying possessions, prior to the birth of such person;
(d) A person born outside of the United States and its outlying possessions 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, and the other of whom is a national, but not a citizen of the United States;
(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) À 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, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, 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: 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 in the employment of 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