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 cne 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.

On

B

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 mercommittee, realizing that there should not be one rule of law for men and another mafor 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, have lost their 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.

tion p

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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.) At 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, whe 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.

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.

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 martial status she is a citizen of the United States, she shall retain her citizenship regardless of her residence. [If during the continuance of the martial 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 8 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 citzenship and if she has not acquired by any other nationality by affirmative act, be naturalized (as provided by section 2 of this act, provided) upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions: [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.]

"(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 county 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, or the loss of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country." [but at the time of her application for an immigration visa is unmarried.]

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 within 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 them to straighten out their status in this country. They must subject themselves to rigid examination by the Immigration Service before they may be entitled to the relief which this measure proposes to give to them. The amendment entitles one who entered the United States prior to July 1, 1924, where no record was made of such entry, to have a record made of such entry, whether or not there is an entry of such person after June 30, 1924, that is recorded.

Section 5: This provision is to remedy a difficulty which existing law unwittingly imposed upon citizens of the United States and aliens who entered the United States prior to the time when the immigration records were sufficiently accurate to be relied upon It has been impossible to obtain records of entries of aliens into the United States prior to June 29, 1906, the date the naturalization law required entries to be made of every alien arriving in the United States.

Section 6: This amendment is to prevent the naturalization of aliens entering the United States under diplomatic exemptions as members of the suites, or in the employ in any way, of the foreign representatives accredited to this country. Instances have occurred where such individuals have left the employ of the representatives of the foreign government and, through no fault of those representatives, have remained in the United States without complying with the requirements of the immigration law for permanent admission. Others have entered the United States under representations of diplomatic exemption which enabled them to avoid the compliance with the immigration laws at the time of their entry for permanent admission. They do not have a residence in the United States in conformity with the immigration laws and should not be given a naturalization status. Of course, if a woman who has entered under diplomatic exemption marries a citizen of the United States, under section 2 of the Cable Act, as amended by your committee, she may be naturalized without departing from the United States.

The section also requires a naturalized citizen to be a citizen for five years in order to be competent to serve as a witness for an applicant who desires to secure citizenship under the naturalization laws.

Section 7: The purpose of this section is to enable aliens who are serving on vessels owned by American citizens to have the benefit of their service as seamen on such vessels in applying for naturalization. The records show in these cases that aliens have entered the United States regularly with their families, have raised their families in this country, and are in all respects desirable as applicants for citizenship. The present law prevents aliens from acquiring residence for naturalization purposes during service upon vessels of foreign registry. Prior to 1918 aliens came to the United States upon vessels of foreign registry, made declarations of intention, obtained addresses in American ports, and continued service upon vessels of foreign registry. After the necessary period of time they applied for and were admitted to citizenship. Congress in 1918 enacted the present law which excludes such service as residence under the naturalization law. However, there is a small number of American-owned vessels of foreign registry, with seamen legaliy admitted to the United States and whose families had been brought with them or were born here and continued to live in the United States. The provision proposed will afford relief to these bona fide