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to the Commissioner of Naturalization, accompanied by two photographs of the applicant, for a certificate of citizenship. Upon proof to the satisfaction of the commissioner that the applicant is a citizen and that the citizenship was resumed as claimed, such individual shall be furnished a certificate of citizenship by the commissioner, but only if such individual is at the time within the United States. The certificate of citizenship issued under this subdivision shall have the same effect as a certificate issued by a court having naturalization jurisdiction, and the provisions of subdivisions (b) and (c) of section 33 shall apply in respect of proceedings and certificates of citizenship under this subdivision in the same manner and to the same extent, including penalties, as they apply in respect of proceedings and certificates of citizenship issued under such section.'
"SEC. 9. Section 5 of such act of June 29, 1906, as amended, is amended to read as follows:
"SEC. 5. The clerk of the court shall, if the petitioner requests it at the time of filing the petition for citizenship, issue a subpoena for the witnesses named by such petitioner to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other witnesses may be summoned upon notice to the Bureau of Naturalization in such manner and at such time as the Commissioner of Naturalization, with the approval of the Secretary of Labor, may by regulation prescribe.'
"SEC. 10. So much of section 6 of such act of June 29, 1906, as amended, as reads 'and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition' is amended to read as follows: 'and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing of such petition.'
"SEC. 11. (a) Section 8 of such act of June 29, 1906, as amended, is amended to read as follows:
"'SEC. 8. No alien shall be admitted to citizenship unless he is able to speak, read, and write the English language understandingly, and possesses a knowledge of United States history equivalent to that set forth in the citizenship textbook published and distributed by the Bureau of Naturalization; except that the above requirements shall not apply (1) to any alien who is physically unable to comply therewith, if he is otherwise qualified to become a citizen of the United States, nor (2) to any alien who, before or after the time this section, as amended, takes effect, has made a homestead entry unpon the public lands of the United States and complied in all respects with the laws providing for homestead entries upon such lands.'
"(b) The above requirements as to ability to read and write the English language and as to knowledge of United States history shall not apply to any alien if the declaration of intention upon which the petition for citizenship is based was made prior to the enactment of this act.
"(c) The Commissioner of Naturalization is authorized and directed
"(1) To promote instruction in the English language and training in citizenship responsibilities of applicants for naturalization, by the public schools;
'(2) To procure the cooperation of official State and Federal educational and other agencies and organizations, including those concerned with vocational education, for the better administration of the provisions of this subdivision;
"(3) At the request of the public-school authorities, to send the names of candidates for citizenship to such authorities; and
"(4) To continued to publish the citizenship textbook and the manual for teachers, and the monthly naturalization bulletin; and to distribute the textbook to those applicants for naturalization who are in attendance upon citizenship classes in the public schools, and the manual to the teachers of such classes. The cost of printing and binding such publications shall continue to be paid from the printing and binding appropriations of the Department of Labor and such appropriations shall continue to be reimbursed on the records of the Treausry Department in the amount so paid, upon report thereof by the Public Printer, from the naturalization fees collected and covered into the Treasury.
"SEC. 12. Section 32 of such act of June 29, 1906, as amended, is amended by adding at the end thereof the following new subdivision:
"(c) The provisions of sections 899 and 900 of the Revised Statutes shall not apply in respect of any part of the record of naturalization proceedings or of any certificate of citizenship or any declaration of intention.'
"SEC. 13. So much of subdivision (a) of section 33 of such act of June 29, 1906, as amended, as reads 'Upon obtaining a certificate from the Secretary of Labor showing the date, place, and manner of arrival in the United States,' is hereby repealed.
"SEC. 14. (a) Subdivision (a) of section 4 of the immigration act of 1924, as amended, is amended to read as follows:
(a) An immigrant who is the unmarried child under twenty-one years of age, or the wife, or the husband, of a citizen of the United States;'.
"(b) Clause (A) of paragraph (1) of subdivision (a) of section 6 of the immigration act of 1924, as amended, is amended to read as follows: (A) Quota immigrants who are the fathers, or the mothers, of citizens of the United States who are twenty-one years of age or over;'.
"SEC. 15. The salary of each officer and examiner of the Natrualization Field Service shall hereafter be increased after each year of satisfactory service to the next higher salary in his grade as reported annually by the Bureau of the Budget in the estimates of appropriations. Such increased salaries shall become effective at the beginning of the next quarter following such year of satisfactory service. Upon reaching the maximum salary within the grade, promotion of any officer or examiner to the next higher grade shall be at the discretion of the Secretary of Labor, upon the recommendation of the Commissioner of Naturalization.
"SEC. 16. Section 24 of the immigration act of 1917, as amended, is amended by adding the following at the end of the section:
"Clerks in the Immigration Service and the Naturalization Service, respectively, shall be divided into the following groups and grades: Gourp A (clerks whose duties consist of routine tasks and clerks whose duties consist wholly or mainly of typing or operating mechanical office devices)-grade 1, $1,600; grade 2, $1,700; grade 3, $1,800; grade 4, $1,900; grade 5, $2,000; grade 6, $2,100; grade 7, $2,300; and Group B (clerks whose duties consist wholly or mainly of taking and transcribing stenographic notes, and clerks whose duties involve a knowledge of other specialized subject matter)-grade 1, $1,700; grade 2, $1,800; grade 3, $1,900; grade 4, $2,000; grade 5, $2,100; grade 6, $2,300; grade 7, $2,500; and hereafter clerks shall be promoted successively in their respective groups to grades 2, 3, 4, 5, 6, and 7 at the beginning of the next quarter following one year of satisfactory service in the next lower grade. Clerks having seven or more years' satisfactory service before or after the enactment of this act may be promoted by the Secretary of Labor, upon the recommendation of the Commissioner General of Immigration, or the Commissioner of Naturalization, as the case may be, to higher salaries than those herein established for grade 7 of Groups A and B. Nothing in this act shall be construed to reduce the rate of compensation of any such clerk.'
"SEC. 17. Hereafter the Commissioner General of Immigration and the Commissioner of Naturalization shall each receive a salary of $10,000 a year.
"SEC. 18. The appropriation of such sums as may be necessary to carry out the provisions of this act is hereby authorized. Expenditures for equipment for use in the compilation of the statistics to show race, nationalities, and other information authorized to be prepared by the Commissioner of Naturalization shall be payable from the appropriation for miscellaneous expenses of the Bureau of Naturalization."
Following is the report of the Committee on Immigration and Naturalization of the House of Representatives on H. R. 10960:
"[House Report No. 1036, Seventy-first Congress, second session]
"The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 10960) to amend the law relative to the citizenship and naturalization of married women, and for other purposes, reports it back to the House without amendment and recommends that the bill do pass.
"This bill would relieve certain native-born women who have married aliens, of some unnecessary naturalization requirements growing out of the expatriation act of March 2, 1907, and the woman's citizenship act of September 22, 1922, and hardships arising out of the restrictive immigration act of 1924.
"Complete independent citizenship for women has not resulted from the act of September 22, 1922. After more than seven years of operation, the working of this legislation has developed certain more or less technical difficulties, which H. R. 10960 proposes to remedy.
"PROPOSED LEGISLATION IN THE NATURE OF PERFECTING AMENDMENTS TO THE ACT OF SEPTEMBER 22, 1922
"The native-born woman who married a foreigner on September 21, 1922, the day before that act became effective, and lost her American citizenship, was not, by the 1922 act, automatically restored to citizenship. She was given the right to repatriate herself by one year's residence in the United States, filing her petition in a court of competent jurisdiction, renouncing her doubtful allegiance to a
country to which, in fact, she owed no allegiance, and whose nationality was thrust upon her without her consent, and by taking an oath of allegiance to the United States.
"For example, Mrs. Emily Martin married an alien before the 1922 act and automatically lost her American citizenship. Later she returned to this country, resided here a year, as required by the law, but was denied naturalization because she told the court she might reside outside of the United States with her husband and children, the judge ruling that her year's residence here was not of the permanent character required by law.
"This bill (H. R. 10960) repeals the year's residence requirement, also the permanent character of the residence now required of a woman who has lost her citizenship, and also the necessity of her going through the regular naturalization proceeding as if she were a foreign-born alien. Mrs. Ruth Bryan Owen, a Member of this Congress, for example, married a British officer before 1922 and lost her American citizenship through no express desire of her own. To regain her American citizenship she was required to go through the same naturalization proceeding as a foreign-born alien, and as if she were not native born. Such a requirement is not a just treatment of native-born women who have lost their citizenship without their wish by the provisions of the 1907 act. A simple affirmative act of a native-born woman should be sufficient to regain citizenship lost through marriage.
"If a native-born man marries an alien and resides abroad in her country the remainder of his life, he does not lose his American citizenship. His children, although they are foreign born and never have been in the United States, likewise are American citizens, at least until they are 18 years of age. But if a nativeborn woman marries an alien and resides two years in her husband's country, or five years elsewhere abroad, she is presumed not to be an American citizen. The committee, realizing that there should not be one rule of law for men and another for women in the matter of expatriation, proposes in H. R. 10960 to repeal the provision in the 1922 act raising the presumption that native-born American women, who have been married to aliens and have resided abroad, citizenship, by striking out the last three sentences of section 3 of the act of 1922, which the Department of State finds extremely difficult to administer.
"There are native-born women whose American citizenship was lost by marriage, prior to the 1922 act, who can not now return to the United States to repatriate themselves because of our immigration quota law. For example, if an American woman, prior to the 1922 act, married an Italian, she, under the 1907 act, took the nationality of her husband. Under the 1924 quota law she must come within the Italian quota in order to enter the United States to be naturalized. Since the quota for Italy is already taken up by a long list of applicants, practically, she is not able to return to the United States for the purpose of repatriation, and we thus have excluded from the United States by an act of Congress, a native-born American woman who wants to repatriate herself.
"The present law, classifying aliens entitled to 'nonquota' status, now reads, in part, as follows:
SEC. 4 (f). A woman who was a citizen of the United States and who prior to September 22, 1922, lost her citizenship by reason of her marriage to an alien, but at the time of her application for an immigration visa is unmarried.'
"In other words, her foreign-born husband must either have died or there must have been a divorce, before she can reenter the United States outside the quota limitations. H. R. 10960 amends the above provision of law so that such nativeborn women or one who has lost her American citizenship by marriage and foreign residence since September 22, 1922, may reenter the United States outside the quota, notwithstanding the fact that the marriage relationship still exists. "On March 6, 1930, hearings were held by the committee, and the following appeared on behalf of all the changes contained in H. R. 10960 and of the general principle that a woman, married or unmarried, should have the same right as a man to determine her own citizenship. (Hearings held on H. R. 10208.) that hearing Mrs. Ruth Bryan Owen, Representative from Florida, sat with and assisted the committee.
"The witnesses were Miss Dorothy Straus, an attorney, New York City, who represented the National League of Women Voters, who had charge of the presentation of the testimony on behalf of the organizations; Miss Margaret Lambie, representing the National Federation of Business and Professional Women, New York City; Miss Harlean James, Washington, D. C., representing the American Association of University Women; Miss Alice Edwards, Washington, D. C., the American Home Economics Association; Miss Cecilia Razovsky,
New York City, chairman of the department of service to the foreign born of the National Council of Jewish Women; Mrs. E. E. Danly, representing the national board of the Young Women's Christian Association; Mrs. Clarence Fraim, representing the General Federation of Women's Clubs; Mrs. Ellis Yost, representing the Woman's Christian Temperance Union; and Mr. Edward S. McGrady, Washington, D. C., representing the American Federation of Labor. "Communications in support of the same principle were received from Miss Elizabeth Christman, secretary of the National Woman's Trade Union League, and from Mrs. Adena Miller Rich, of the Immigrants' Protective League. H. R. 10960 is also indorsed by the National Woman's Party through their legislative representative, Mrs. Max Rotter, and Miss Maud Younger.
66 DIGEST OF PROVISIONS OF H. R. 10960
"Section 1 strikes out of section 3 of the act of 1922 the presumption that a native-born woman loses her United States citizenship by residence abroad after her marriage to an alien.
"Section 2 amends section 4 (a) of the 1922 act and provides a method whereby the native-born woman who lost her citizenship by marriage to an alien prior to September 22, 1922, may be repatriated by a simple affirmative act in a court of competent jurisdiction; that is, she may go before a naturalization examiner, prove that she has lost her citizenship by marriage to an alien, that she is eligible to become a citizen under our naturalization laws, then go into court and take the oath of allegiance. This amendment repeals the one year's residence requirement, the permanent residence requirement, the posting of the name for 90 days, and the requiring of native-born women the same searching examination and naturalization process as is required of the foreign-born alien.
"Section 3 would permit a native-born woman who had lost her citizenship by marriage to an alien to return to the United States outside of the quota, notwithstanding her marital status has been terminated.
66 CHANGES IN EXISTING LAW SHOWN
"In compliance with paragraph 2 (a) of Rule 13 of the Rules of the House of Representatives, changes in existing law, act of September 22, 1922, made by the bill are shown as follows:
"Existing law proposed to be repealed is included in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in Roman:
"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: 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 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.] but such repeal shall not restore citizenship lost under section 3 before such repeal.
"SEC. 4. (a) [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 to citizenship or by reason of the loss of the 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 (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] 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 country 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 [she] 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 [the passage of this act] this section as, amended, takes effect.'
"(b) The amendment made by this section to section 4 of such act of September 22, 1922, shall not terminate citizenship acquired under such section 4 before such amendment.
"SEC. 3. Subdivision (f) of section 4 of the immigration act of 1924, as amended, is amended to read as follows:
"(f) A woman who was a citizen of the United States and [who prior to September 22, 1922] lost her citizenship by reason of her marriage to an alien [but at the time of her application for an immigration visa is unmarried] or the loss of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country.'
EXPLANATION OF COMMITTEE AMENDMENTS
The following is submitted in explanation of the amendments reported by your committee:
(1) This is a clerical change.
(2) The effect of this amendment is to make the minor child, born without the United States of alien parents, a citizen of the United States by virtue of the naturalization of the mother under the provisions of section 4 of the Cable Act, as amended by the bill, if the child is at the time of such naturalization within the United States in pursuance of a legal admission, whether or not for permanent residence. Under existing law a minor child does not become a citizen by virtue of the naturalization of the parent until he begins to reside permanently in the United States and even in that case authorities differ as to the effect of the naturalization of the mother.
(3) Section 2 of the Cable Act permits the alien wife of an American citizen to become naturalized after one year's residence with the United States, Hawaii, Alaska, or Porto Rico in lieu of the 5-year period of residence within the United States and the 1-year period of residence within the State. This amendment conforms to existing law with respect to the period of residence since the act of March 2, 1929, changes the one year's residence requirement within the State to six months within the county. The amendment also recognizes the residence of the alien wife as beginning after legal admission to the United States, whether or not for permanent residence, and permits residence in the Virgin Islands to be counted as residence within the United States, in conformity with the act of February 25, 1927, which gave full naturalization jurisdiction to the district court of the Virgin Islands and made residence by all eligible aliens within the Virgin Islands residence within the United States for naturalization purposes.
(4) Under the House bill a woman who was a citizen of the United States and lost her citizenship by reason of marriage to an alien or the loss of citizenship by her husband or by marriage to an alien and residence in a foreign country is permitted to come in as a nonquota immigrant. The effect of this amendment is to include the unmarried minor children of such a woman if accompanying or following to join her.
(5) Section 4: This section contains a provision which the Senate passed a year ago last February, but which was objected to by the House. The section proposed gives aliens in the United States who entered the country prior to July 1, 1924, opportunity to have their entries legalized. There are many aliens in this country who entered the United States innocently and regarding whom no record was made at the time of their entry. Many came into the country admittedly in conformity with the law. They can not be deported although some of them probably came into the country without a compliance with the immigration law at the time of their entry. Aliens who entered the United States irregularly after July 1, 1924, are subject to perpetual deportation. This is a resubmission to the Senate of its enactment of February, 1929, for reenactment, in the hope that the House will agree to this humane provision. It does not let aliens into the United States, but is simply to provide for those who are here and who can get no recognition, who can not leave the country by obtaining a permit to reenter, and to enable