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acquires through such residence the nationality of such foreign state by operation of the law thereof; or

(b) Residing continuously for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, except as provided in section 406 hereof.

(c) Residing continuously for five years in any other foreign state, except as provided in section 406 hereof.

SEC. 405. Section 404 shall have no application to a person:

(a) Who resides abroad in the employment and under the orders of the Government of the United States;

(b) Who is receiving compensation from the Government of the United States and residing abroad on account of disability incurred in its service.

SEC. 406. Subsections (b) and (c) of section 404 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;

(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 405 or subsection (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.

SEC. 407. 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 404 of this Act, shall at the same time lose his American nationality if such minor has or acquires the nationality of such foreign state: Provided, That, in such case, American nationality shall not be lost as the result of loss of American nationality by the parent unless or until the child attains the age of twenty-three years without having acquired permanent residence in the United States.

SEC. 408. The loss of nationality under this Act shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Act.

SEC, 409. Nationality shall not be lost under the provisions of section 404 or 407 of this Act until the expiration 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. 410. Nothing in this Act 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.

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.

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));

Act of June 29, 1906, chapter 3592 (34 Stat. 596) (except subdivisions 6 and 8 of section 4 and sections 10, 16, 17, 19, and 26, thereof), as added to, supplemented, or amended by section 1, Act of June 25, 1910 (36 Stat. 829); section 1 and second paragraph of section 3, Act of May 9, 1918 (40 Stat. 542-546, 547, 548); Act of June 8, 1926 (44 Stat. 709); section 4, Act of February 25, 1927 (44 Stat. 1235); Act of March 2, 1929 (45 Stat. 1512) (except sections 6 (e), and section 7 (b), thereof); section 1, Act of March 4, 1929 (45 Stat. 1545); Act of June 21, 1930 (46 Stat. 791); sections 1, 2, 3, and 4 (a), Act of March 3, 1931 (46 Stat. 1511); Act of May 25, 1932 (47 Stat. 165) (except sections 1, 5, and 7, thereof); and Act of April 19, 1934 (48 Stat. 597): United States Code, title 8, sections 18, 106, 106a, 106b, 106c, 351, 352, 353, 354, 356, 357, 358, 358a, 360, 364, 365, 372, 373, 377, 377c, 378, 379, 380, 380b, 381, 382, 384, 386, 387, 388, 389, 391, 392, 393, 394, 396, 397, 398, 399, 399a, 399b (a), 399b (b), 399b (c), 399b (d), 399c (a), 399c (b), 399c (c), 399d, 400, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, and 415; Sections 2, 5, 6, and 7, Act of March 2, 1907 (34 Stat. 1228, 1229), as amended by section 2, Act of May 24, 1934 (48 Stat. 797; U. S. C., title 8, secs. 8, 16, and 17); Sections 74 to 81, inclusive, Act of March 4, 1909 (35 Stat. 1102-1103; U. S. C., title 18, secs. 135 and 137 to 143, inclusive);

That portion of section 1, Act of August 22, 1912 (37 Stat. 356; U. S. C., title 8, sec. 11), reading as follows:

"SEC. 1998. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninetysix shall not apply to any person hereafter deserting the military or naval services of the United States in time of peace:

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So much of section 1, Act of October 6, 1917, chapter 79 (40 Stat. 376; U. S. C., title 39, sec. 324), as reads as follows: "Provided further, That all mail matter, of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Bureau of Naturalization by clerks of State or Federal courts, addressed to the Department of Labor, or the Bureau of Naturalization, or to any official thereof, and indorsed 'Official Business,' shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided further, That if any person shall make use of such indorsement to avoid payment of postage or registry fee on his or her private letters, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of $300, to be prosecuted in any court of competent jurisdiction."; Section 1, last proviso of section 2, and second paragraph of section 3, Act of May 9, 1918 (40 Stat. 542-546, 547, 548), as amended by section 6 (c), (d), Act of March 2, 1929 (45 Stat. 1514); Act of June 21, 1930 (46 Stat. 791); and sections 2 (a), 3, and 10, Act of May 25, 1932 (47 Stat. 165-166; U. S. C., title 8, secs. 18, 354, 377, 378, 384, 387, 388, 389, 391, 392, 393, 394, 395, 403, and 405);

Proviso to second paragraph of section 4, chapter XII, Act of July 9, 1918, chapter 143 (40 Stat. 885; U. S. C., title 8, sec. 366);

Second proviso to section 1, Act of August 31, 1918, chapter 166 (40 Stat. 955);

Act of November 6, 1919, chapter 95 (41 Stat. 350; U. S. C., title 8, sec. 3); Sections 1, 2, 3, and 4, Act of September 22, 1922 (42 Stat. 1021–1022); as amended by sections 1 and 2, Act of July 3, 1930 (46 Stat. 854); section 4, Act of March 3, 1931 (46 Stat. 1511-1512); and section 4, Act of May 24, 1934 (48 Stat. 797; U. S. C., title 8, secs. 367, 368, 368a, 369, and 369a);

Act of June 8, 1926 (44 Stat. 709; U. S. C., title 8, sec. 399a);

Section 4, Act of February 25, 1927 (44 Stat. 1235; U. S. C., title 8, sec. 358a);

Act of March 2, 1929, chapter 536 (45 Stat. 1512-1516) (except sec. 6 (e), and sec. 7 (b)); as amended or added to by sections 4, 5, and 6, Act of May 25, 1932 (47 Stat. 165-166); and sections 1, 2, 3, 4, and 6, Act of April 19, 1934 (48 Stat. 597-598; U. S. C., title 8, secs. 106a, 106b, 106c, 356, 377b, 377c, 379, 380a, 380b, 382, 388, 399b (a), 399b (b), 399b (c), 399b (d), 399c (a), 399c (b), 399c (c), 399d, 399e, and 402);

Section 1, Act of March 4, 1929 (45 Stat. 1545; U. S. C., title 8, sec. 373); Act of June 21, 1930 (46 Stat. 791; U. S. C., title 8, sec. 18);

Section 2, Act of July 3, 1930 (46 Stat. 854; U. S. C., title 8, sec. 369);

Act of February 11, 1931 (46 Stat. 1087; U. S. C., title 8, sec. 366a);

Act of March 3, 1931 (46 Stat. 1511-1512) (except section 4 (b), thereof) (U. S. C., title 8, secs. 9, 372a, 396, and 397);

Sections 2, 3, 4, 6, 8, 9, and 10, Act of May 25, 1932 (47 Stat. 165–166); as amended by section 2, Act of April 19, 1934 (48 Stat. 597; U. S. C., title 8, secs. 356 (a), 377, 377b, 384, 388, 399b (b), and 399b (c));

Act of April 19, 1934 (48 Stat. 597-598; U. S. C., title 8, secs. 106a (b), 380a, 399b (a), 399b (b), 399b (c), 399c (a), 399f, and 402);

Sections 1, 2, 3, and 4, Act of May 24, 1934 (48 Stat. 797; U. S. C., title 8, secs. 6, 8, 17a, and 368); and

Second proviso to Act of June 27, 1934 (48 Stat. 1245, ch. 845; U. S. C., title 48, sec. 733b);

Act of June 24, 1935, chapter 288 (49 Stat. 395);

Act of June 24, 1935, chapter 290 (49 Stat. 397);

Act of June 25, 1936, chapter 811 (49 Stat. 1925-1926);
Act of June 25, 1936, chapter 801 (49 Stat. 1917);
Section 3, Act of July 30, 1937 (50 Stat. 548);
Act of August 4, 1937, chapter 563 (50 Stat. 558);
Act of May 16, 1938, chapter 225 (52 Stat. 377);
Joint resolution of June 29, 1938 (52 Stat. 1247);
Act of June 20, 1939, chapter 224 (53 Stat. 843-844);
Act of August 9, 1939, chapter 610 (53 Stat. 1273);

And any other Acts or parts of Acts in conflict with the provisions of this Act, except for the purposes of section 346 of this Act.

The repeal herein provided shall not terminate nationality heretofore lawfully acquired, nor restore nationality heretofore lost under any law of the United States or any treaty to which the United States may have been a party. 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.

TITLE II

SEC. 601. This Act shall take effect from and after ninety days from the date of its approval.

The CHAIRMAN. This bill is in two forms, and has been printed as such, and you have it before you.

Mr. REES. With the changes made and suggested.

The CHAIRMAN. With the changes made and suggested by the committee which had this bill under consideration. I would like to get some speed on this bill and a motion as to it.

Mr. CURTIS. Mr. Chairman, may I ask the gentleman from Kansas whether he has gone over this last print of H. R. 9980? Mr. REES. Yes; I have.

Mr. MASON. I move the committee vote the bill out favorably.
Mr. MACIEJEWSKI. I second it.

The CHAIRMAN. It has been moved and seconded that H. R. 9980 be reported out favorably. All those in favor of the motion signify by saying "aye"; those opposed signify by saying "no."

The "ayes" have it, and the Chair will delegate Mr. Rees, a colleague on the minority side, to file the report with the compliments of the committee.

In connection with this bill, Mr. Hunter, a Member of Congress, of Ohio, has a problem which I thought the committee ought to hear in connection with this bill.

Mr. ALLEN. In connection with which bill?

Mr. MACIEJEWSKI. This one which we just passed.

Mr. VAN ZANDT. Will this come up this afternoon?

The CHAIRMAN. No. It has to be on the calendar several days. We fixed over 50 amendments in there as we passed on it last week, and we had the bill reprinted with these amendments as a clean bill. Mr. POAGE. I just want to inquire why we should go into something after we have already acted on it.

The CHAIRMAN. I am not going to touch upon that. There may be some suggestion by some member of the committee later on when the bill comes up for amendment on the floor.

I want Mr. Hunter, who has talked to me, and to the Department, to be heard. I think we ought to hear him.

The CHAIRMAN. All right, Mr. Hunter.

STATEMENT OF HON. JOHN F. HUNTER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO

Mr. HUNTER. Mr. Chairman and gentlemen of the committee, I realize I should have appeared before the committee before this, but the question I am interested in did not arise until this last week. It is a question which deals with an adopted child.

Mr. VAN ZANDT. On what page of the bill?

Mr. HUNTER. On page 24.

Mr. MASON. An adopted child?
Mr. HUNTER. Yes, sir.

It is section 316, which reads:

An adopted child may, if not otherwise disqualified from becoming a citizen, be naturalized before reaching the age of 18 years.

My point centers around the 18 years.

I have an individual case, which I discussed both with the chairman of the committee and with Mr. Shoemaker of the Bureau, at the Department.

A young man was adopted, a Canadian-born child was adopted at the age of 4 years.

Today he is 18 years and 4 months old, which brings him 4 months over the limit of the provision of this bill. This young man has graduated from grade school, high school, and he is entering his fourth year at Culver Military Academy in Indiana.

The third-year class was supposed to attend R. O. T. C. this summer. He made his application, along with the other boys, and was rejected on the ground that he was not a citizen of the United States.

He is also a candidate for Annapolis, entrance into Annapolis, and the same question of citizenship arises there.

This section 316 would cover him if he were a month under 18 years of age.

I discussed with Mr. Shoemaker if he could see any objection to the 18 years, line 23, being raised to 21 years. He said he considered the matter both from the angle of this case and any that he could think of no objections that might arise in reference to this question. Mr. MACIEJEWSKI. In other words, the period between 18 and 21 is not covered in this bill?

Mr. HUNTER. That is right. You leave a dead period between 18 and 21.

Mr. REES. You are talking about the present law now. Your difficulty arises because of the present law, is not that correct?

Mr. HUNTER. It would still arise under this.

Mr. VAN ZANDT. We have no assurance that this is going to become a law.

Mr. HUNTER. No; but I will take that chance, if the committee will consent to the amendment on the facts I have.

Mr. MASON. What is the reason, may I ask, for leaving the dead period between 18 and 21 there?

The CHAIRMAN. I think the best suggestion is a statement made by the colleague that between now and the time the bill reaches the floor, if it does reach the floor for passage, we propound this question to both Departments of Labor and State, and then we can decide in executive session whether we will offer this as an amendment.

Mr. CURTIS. Will the gentleman yield for a minute?

Mr. HUNTER. Yes, sir.

Mr. CURTIS. Is it your understanding that under the present law the child was born to his parents and the deadline would be 18 or 20? Mr. HUNTER. It would be 18 under section 315. In other words, there was a purpose for putting the 18 years in section 315, but apparently no particular purpose in putting it in 316.

Mr. CURTIS. Will you explain that?

Mr. HUNTER. Under section 315 they have certain qualifications, I believe, of lapse of time that the child must be in the country, and must make his declaration. If he is over 18 years of age he can take out his papers at the age of 18 and become a citizen at 21.

In the adoption there would be no particular reason for setting an age provision, according to Mr. Shoemaker. He knows of no reason for putting that 18 years in. He says it was there and no question was brought up about the reason. You gentlemen might know more about that than I do yourselves.

Mr. MACIEJEWSKI. I think it is a very good suggestion to take it up with the State Department.

Mr. MASON. Yes; if we feel it is wise.

Mr. HUNTER. Thank you.

The CHAIRMAN. Pursuant to the proceedings of this committee in voting out the Nationality Code, the Chair wrote a letter to the chairman of the Rules Committee advising him that the Chair would appoint a subcommittee of the committee representing the full committee, and ask for a rule at the earliest possible moment. I will appoint on that subcommittee Mr. Schulte, Mr. Poage, Mr. Kramer,

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