* * *

The provisions of this section shall apply not only to certificates of citizenship issued under the provisions of this act, but to all certificates of citizenship which may have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws. Act of March 2, 1907, section 5: A child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, That such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States.

APPENDIX C

WOMEN'S CITIZENSHIP

Section 1994, Revised Statutes: Any woman who is now or may hereafter be married to a citizen of the United States and who might herself be lawfully naturalized shall be deemed a citizen. (Repealed by sec. 6, act of September 22, 1922.)

Act of March 2, 1907, section 3:

any American woman who marries

a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States or by returning to reside in the United States; or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. (Repealed by sec. 7, act of September 22, 1922.)

Act of March 2, 1907, section 4: * * * any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continues to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation. (Repealed by sec. 6, act of September 22, 1922.)

Act of September 22, 1922: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of any woman to become a naturalized citizen of the United States shall not be denied or abridged because of her sex or because she is a married woman. SEC. 2. That any woman who marries a citizen of the United States after the passage of this Act, or any woman whose husband is naturalized after the passage of this Act, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(a) No declaration of intention shall be required:

(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State or Territory where the naturalization court is held, she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least one year immediately preceding the filing of the petition.

SEO. 3. That a woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of this Act, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens: Provided, That any

woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States. If at the termination of the marital status she is a citizen of the United States she shall retain her citizenship regardless of her residence. If during the continuance of the marital status she resides continuously for two years in a foreign State of which her husband is a citizen or subject, or for five years continuously outside of the United States, she shall thereafter be subject to the same presumption as is a naturalized citizen of the United States under the second paragraph of section 2 of the Act entitled "An Act in reference to the expatriation of citizens and their protection abroad," approved March 2, 1907. Nothing herein shall be construed to repeal or amend the provisions of Revised Statutes 1999 or of section 2 of the Expatriation Act of 1907 with reference to expatriation. (See Appendix D, par. 6.)

SEC. 4. That a woman who, before the passage of this Act, has lost her United States citizenship by reason of her marriage to an alien eligible for citizenship, may be naturalized as provided by section 2 of this Act: Provided, That no certificate of arrival shall be required to be filed with her petition if during the continuance of the marital status she shall have resided within the United States. After her naturalization she shall have the same citizenship status as if her marriage had taken place after the passage of this Act.

SEC. 5. That no woman whose husband is not eligible to citizenship shall be naturalized during the continuance of the marital status.

SEC. 6. That section 1994 of the Revised Statutes and section 4 of the Expatriation Act of 1907 are repealed. Such repeal shall not terminate citizenship acquired or retained under either of such sections nor restore citizenship lost under section 4 of the Expatriation Act of 1907.

SEC. 7. That section 3 of the Expatriation Act of 1907 is repealed. Such repeal shall not restore citizenship lost under such section nor terminate citizenship resumed under such section. A woman who has resumed under such section citizenship lost by marriage shall, upon the passage of this Act have for all purposes the same citizenship status as immediately preceding her marriage.

APPENDIX D

LOSS OF CITIZENSHIP 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. 898), concerning expatriation, provides in part as follows:

66

'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:

"(a) That they are residing abroad solely or principally as representatives of American trade and commerce, and that they intend eventually to return to the United States permanently to reside.

"(b) That their residence abroad is in good faith for reasons of health or education in special subjects, and that they intend eventually to return to the United States permanently to reside.

“(c) That some unforeseen and controlling exigency beyond their power to foresee has prevented their carrying out a bona fide intention to return to the United States within the time limited by law, and that it is their intention to return and reside permanently in the United States immediately upon the removal of the preventing cause.

"(d) That they are residing abroad principally for the purpose of representing a recognized American educational, scientific, philanthropic, or religious organization, and that they intend eventually to return to the United States permanently to reside.

"(e) That they reside in a country, other than that from which they came, principally for the purpose of engaging independently in educational, philanthropic, or religious work, or principally for the purpose of engaging in some legitimate professional or scientific occupation, for which work or occupation they were trained in American institutions; that such work or occupation is not inconsistent with American interests; that they maintain effective ties with the United States and that they intend eventually to return to the United States permanently to reside.

"(f) In the cases of naturalized American citizens residing in Canada, Mexico, the West Indies, Central America, or Panama, that they are following the profession of teaching in a recognized educational institution for which they were trained in an American institution, or that they are employed by a legitimate corporation or company, or are principally engaged by or connected with a legitimate concern, which is effectively owned and controlled by a citizen or citizens of the United States and materially promotes the interests of this country, and that they intend eventually to return to the United States permanently to reside.

"(g) That they have made definite arrangements to return immediately to the United States permanently to reside."

3. The affidavits and other proofs required to overcome the presumption must set forth the specific facts and circumstances which bring the persons concerned under one or more of the above rules, and mere assertions even under oath that any of the enumerated reasons exist will not be accepted as sufficient. 4. The burden is upon an applicant who alleges that he has made definite arrangements to return immediately to the United States permanently to reside, under the provisions of rule (g), to show that he is in good faith about to establish a permanent home in this country. Therefore, such person, if married, should be accompanied by his wife or her husband, as the case may be, and the minor unmarried members of his or her immediate family who may be residing abroad and are American citizens, or if the wife or husband or minor children are aliens and residing abroad, he or she is making arrangements for them to obtain visas to enable them to come to the United States in the immediate or near future permanently to reside. The allegation of such a person that because of financial reasons he is unable to defray the expenses incident to the transportation of the members of his family to the United States will not of itself be considered as a sufficient reason for not bringing his or her

family to the United States and will ordinarily vitiate the allegation that definite arrangements have been made to return immediately to the United States permanently to reside as is required under rule (g).

5. Section 3 of the Act of September 22, 1922 (42 Stat. pt. 1, 1021), concerning the status of married women provides in part as follows:

66 SEC. 3. That a woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of this act, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens ; * * * If at the termination of the marital status she is a citizen of the United States, she shall retain her citizenship regardless of her residence. If during the continuance of the marital status she resides continuously for two years in a foreign state of which her husband is a citizen or subject, or for five years continuously outside of the United States, she shall thereafter be subject to the same presumption as is a naturalized citizen of the United States under the second paragraph of section 2 of the Act entitled 'An Act in reference to the expatriation of citizens and their protection abroad,' approved March 2, 1907. Nothing herein shall be construed to repeal or amend the provisions of Revised Statutes 1999 or of section 2 of the Expatriation Act of 1907 with reference to expatriation."

6. An American woman who was married to an alien on or after September 22, 1922, and has become subject to the presumption of expatriation under the terms of section 3 of the Act of September 22, 1922, may overcome such presumption by showing that she herself is residing abroad for one of the reasons mentioned in rules (a)-(f), inclusive, and that she intends to return to the United States permanently to reside: Also, if she is residing abroad with her alien husband and intends to return to the United States for permanent residence, she may overcome the presumption by showing that her husband has maintained a residence of a permanent nature in the United States and intends to renew such residence, and that his residence abroad is of a temporary nature and due to one of the causes mentioned in rules (a)-(f), inclusive. If such a woman desires to obtain a passport to enable her to return to the United States, under rule (g), she must fulfill the requirements of that portion of section 4 relating to the conditions under which passports may be issued to persons coming within rule (g).

APPENDIX E

TITLE IX OF THE ESPIONAGE ACT OF JUNE 15, 1917 (40 STAT. 227)

SECTION 1. Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer oaths, which said application shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. Clerks of United States courts, agents of the Department of State, or other Federal officials authorized, or who may be authorized, to take passport applications and adminster oaths thereon, shall collect, for all services in connection therewith, a fee of $1, and no more, in lieu of all fees prescribed by any statute of the United States, whether the application is executed singly, in duplicate, or in triplicate.

SEC. 2. Whoever shall willfully and knowingly make any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use

or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws, or whoever shall willfully and knowingly use or attempt to use, or furnish to another for use, any passport the issue of which was secured in any way by reason of any false statement, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

SEC. 3. Whoever shall willfully and knowingly use, or attempt to use, any passport issued or designed for the use of another than himself, or whoever shall willfully and knowingly use or attempt to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports which said rules shall be printed on the passport; or whoever shall willfully and knowingly furnish, dispose of, or deliver a passport to any person, for use by another than the person for whose use it was originally issued and designed, shall be fined not more than $2,000 or imprisoned not more than five years, or both. SEC. 4. Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, counterfeited, mutilated, or altered any passport or instrument purporting to be a passport, with intent to use the same, or with intent that the same may be used by another; or whoever shall willfully or knowingly use, or attempt to use, or furnish to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same, shall be fined not more than $2,000 or imprisoned not more than five years, or both. Approved, June 15, 1917.

REVISED STATUTES

SEC. 1750. Every secretary of legation and consular officer is hereby authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offender had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affiramation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any document purporting to have affirmed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any