To Revise and Codify the Nationality Laws of the United States Into a Comprehensive Nationality Code

by this Government to serve as an officer of this Government in the foreign state from which he came. It would obviously be unreasonable to have a law under which the American nationality of such a person should be terminated as a result of residence abroad under orders of the Government.

The meaning of subsection (b) also seems clear. This provision was adopted after some hesitation. However, as it does not apply to all naturalized citizens residing abroad who receive compensation from the Government of the United States but is limited to those who reside abroad "on account of disability incurred" in the service of the United States, it is not believed that a very large number of persons will come within its scope. On the other hand, it is understood that there are some naturalized citizens who became totally or largely disabled through service in the armed forces of the United States during the recent war, who receive compensation on account of such disabilities, and who find it desirable to live in the foreign countries from which they came, because they can stay with parents or other near relatives who will care for them. It would seem unfortunate to withdraw American nationality from persons of this class.

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 sixty-five years when the foreign residence is established;

(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), or (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.

It is believed that very few persons will be subject to the provisions of subsection (a) of section 404, the meaning of which is apparent. Cases sometimes arise, however, in which naturalized citizens who have resided for many years in the United States have retired from active business and have savings or pensions upon which they may find it desirable to live in their native lands. The provision to take care of such persons seems humanitarian and reasonable. Subsection (b) of section 404 is perhaps the most important of all. It will be observed that it is designed to take care of cases of persons who reside in their native lands for the sole purpose of representing American institutions, educational, scientific, philanthropic, religious, commercial, or financial. It is not intended to be applied to one who resides abroad for some other purpose and whose representation of an American organization is merely incidental.

Subsection (b) takes into account the basic principles of citizenship, which involve the relationship of individuals to the state. As to the individuals concerned, it is believed that those who are sent abroad and continue to reside abroad solely or principally for the purpose of representing organizations which are distinctly American are likely to retain their American character, while, from the standpoint of the state, the activities of such persons are likely to promote its interests. Under this exception the individuals in question must act as the agents of the American concerns by which they are sent abroad. It is not sufficient, for example, that a person who is engaged in commercial business in a foreign country shall show that the greater part of his stock in trade is composed of American goods.

With regard to naturalized citizens who reside abroad for the purpose of promoting American commerce, the following observations are no less true today than they were when made, over a century ago, by Chief Justice Marshall:

CHAPTER V. MISCELLANEOUS

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 officer 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.

It is obviously important to the executive branch of the Government of the United States that it be promptly informed of all cases in which American nationals residing or sojourning abroad, shall have committed acts resulting, under the provisions of the proposed code, in loss of American nationality. At all times such information will be important to the Department of State in connection with its functions relating to protection abroad, including the issuance of passports and espousal of claims, and to the Department of Labor and the Department of State in connection with their respective functions in the administration of the immigration laws. In time of war this information may be of special importance to the War and Navy Departments and the Department of Justice. The information may be of use to other branches of the Government for various reasons.

It is hardly necessary to explain further, in view of the statements in the body of the report and the comment on section 407, that loss of nationality is not dependent upon the reports provided for in section 501.

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.

The words "not a naturalized citizen of the United States" were inserted in this section for the reason that chapter III, section 340 (c) contains a special provision for the issuance of certificates of citizenship by the Secretary of Labor for use in foreign countries in cases of persons who acquire citizenship through naturalization.

It not infrequently occurs that persons who have acquired citizenship of the United States at birth need documentary proof of their citizenship for the purpose of establishing rights or obtaining privileges in foreign countries, but do not find it practicable to use for this purpose passports which are intended for purposes of travel only. Sometimes it becomes necessary for American nationals to submit documentary proof of their nationality to the governments of foreign states which they do not expect to visit. Moreover, if they are in the foreign state where documentary proof of their nationality is needed, it is not deemed desirable or proper for them to surrender their passports to the local authorities, even upon the condition that they be returned later.

Sec. 503. The following acts or parts of acts are hereby repealed:

(Citations of the Statutes to be repealed follow. They will be found in the Draft Code, and it is not deemed necessary to repeat them here.)

Sec. 504. If any provision of this act shall for any reason be declared by any court of competent jurisdiction to be invalid, such declaration shall not invalidate the remainder of this act.

The above sections 503 and 504 seem to require no explanation.

have renounced his naturalization in the United States." (This phraseology appears in the Convention of October 15, 1907, between the United States and Peru; Flournoy and Hudson, Collection of Nationality Laws, etc., p. 683. Similar provisions, slightly different in phraseology, appear in other naturalization treaties to which the United States is a party.) These treaties also contain provisions to the effect that, when a naturalized citizen shall have resided for 2 years in the foreign state from which he came, an intent not to return to the United States may be held to exist, that is, the foreign residence may be presumed to be permanent. It does not appear that there is anything in the proposed statute which will conflict with these provisions. On the contrary, the provisions of section 402 appear to be in harmony with the treaty provisions. For example, a naturalized citizen of the United States who establishes a residence of a permanent character in the foreign state from which he came loses his American nationality under the provision of section 402 (a) of the code. If such a person came from one of the states having a naturalization convention of the kind mentioned with the United States, such person would also be held to have renounced his naturalization, which in effect means that he would have lost his American nationality acquired through naturalization. The provisions in the treaty in question concerning the 2-year period are merely supplementary to the main provision and do nothing more than cast upon a naturalized citizen who has resided 2 years in his native land the burden of showing by positive evidence that his residence there is not permanent. (For discussions of these treaty provisions see Moore's Digest of International Law, vol. III, pp. 744–757.)