citizenship than are persons who become expatriated on any of the existing grounds.

Accordingly, I recommend the enactment of legislation which would provide (1) for the expatriation of citizens of the United States who in time of war or during a national emergency leave the United States or remain outside thereof for the purpose of evading service in the armed forces of the United States, and (2) for the exclusion from the United States of aliens who leave this country for that purpose. Any person who may be deemed to have become expatriated by operation of the foregoing provision, would be entitled to have his status determined by the courts pursuant to the above-mentioned section of the Nationality Act of 1940.

Adequate precedent exists for the suggested legislation in that during the First World War a statute was in force which provided for the expatriation of any person who went beyond the limits of the United States with intent to avoid any draft into the military or naval service (37 Stat. 356). This provision was repealed by section 504 of the Nationality Code of 1940 (54 Stat. 1172; U. S. C., title 8, sec. 904).

A draft of a proposed bill to effectuate the foregoing purpose is enclosed herewith. I have been informed by the Director of the Bureau of the Budget that the proposed legislation is in accord with the program of the President.

Sincerely yours,

ATTORNEY GENERAL.

The committee after hearing the persons who appeared, and after thoroughly discussing the bill, were of the opinion that such legislation was necessary and unanimously report the same and urge early and favorable consideration.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows (existing law in which no change is made is printed in roman; omitted matter is printed within black brackets; the new matter is printed in italics):

SEC. 401.1 A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:

(a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person: Provided, however, That nationality shall not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of twentythree years without acquiring permanent residence in the United States: Provided further, That a person who has acquired foreign nationality through the naturalization of his parent or parents, and who at the same time is a citizen of the United States, shall, if abroad and he has not heretofore expatriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of this Act to return to the United States and take up permanent residence therein, and it shall be thereafter deemed that he has elected to be an American citizen. Failure on the part of such person to so return and take up permanent residence in the United States during such period shall be deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claiming such American citizenship; or

(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or

(c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state; or

(d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or

1 Act of Oct. 14, 1940, as amended (54 Stat. 1169; 8 U. 8. C. 801).

(e) Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or

(f) Making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or

(g) Deserting the military or naval forces of the United Sta.es in time of war, provided he is convicted thereof by court martial and as the result of such conviction is dismissed or dishonorably discharged from the service of such military or naval forces: Provided, That notwithstanding loss of nationality or citizenship or civil or political rights under the terms of this or previous Acts by reason of desertion committed in time of war, restoration to active duty with such military or naval forces in time of war or the reenlistment or induction of such a person in time of war with permission of competent military or naval authority, prior or subsequent to the effective date of this Act, shall be deemed to have the immediate effect of restoring such nationality or citizenship and all civil and political rights heretofore or hereafter so lost and of removing all civil and political disabilities resulting therefrom; or

(h) Committing any act of treason against, or attempting by force to overthrow or bearing arms against the United States, provided he is convicted thereof by a court martial or by a court of competent jurisdiction []; or

(i) Departing from or remaining outside of the jurisdiction of the United States in time of war or during a period declared by the President to be a period of national emergency for the purpose of evading or avoiding training and service in the land or naval forces of the United States.

SEC. 3. That the following classes of aliens shall be excluded from admission into the United States: All idiots, imbeciles, feeble-minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; paupers; professional beggars; vagrants; persons afflicted with tuberculosis in any form, or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have departed from the jurisdiction of the United States for the purpose of evading or avoiding training or service in the armed forces of the United States during time of war or during a period declared by the President to be a period of national emergency; persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who practice polygamy or believe in or advocate the practice of polygamy; anarchists, * *

'Act of Feb. 5, 1917, as amended (39 Stat. 875-878; 8 U. S. C. 136).

о

78TH CONGRESS 2d Session

}

HOUSE OF REPRESENTATIVES

{

REPORT No. 1230

AMENDING THE NATIONALITY ACT OF 1940 TO PRESERVE THE NATIONALITY OF CITIZENS RESIDING

ABROAD

MARCH 3, 1944.-Referred to the House Calendar and ordered to be printed

Mr. MASON, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 4271]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 4271) to amend the Nationality Act of 1940 to preserve the nationality of citizens residing abroad, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The bill would extend the time in which American citizens living abroad must return to the United States in order to preserve their rights.

GENERAL INFORMATION

Section 404 of the Nationality Act of 1940 reads as follows:

A person who has become a national by naturalization shall lose his nationality by

(a) Residing for at least two 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, if he 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.

Section 407 reads as follows:

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 and until the child attains the age of twenty-three years without having acquired permanent residence in the United States.

It will be noted that the two sections quoted provide methods whereby American citizens may lose their nationality by residence abroad. Section 409, as it was enacted in the Nationality Act, approved October 14, 1940, provided that loss of citizenship under the two quoted sections would not occur until the expiration of 1 year following the date of the approval of the act, or by October 14, 1941. This provision was placed in the act in order to give all citizens who might lose under the sections quoted an opportunity of 1 year after the enactment of the act to return to the United States to protect their citizenship. On two subsequent occasions the Congress extended this period to 2 years and then to 4 years (see act approved October 16, 1941, Public Law 275, 77th Cong., and act approved October 9, 1942, Public Law 736, 77th Cong.). The last extension will expire on October 13, 1944. The same conditions which warranted the previous extensions still exist, namely, the inability, because of war conditions, of many citizens to return to the United States. The sole purpose of this bill is to extend this time until October 13, 1946.

A representative of the Department of Justice appeared and explained the purpose of the bill.

A representative of the State Department appeared and expressed no objection to the objective of the bill.

The letter from the Attorney General, dated March 1, 1944, to the chairman of the committee is quoted herewith:

Hon. SAMUEL DICKSTEIN,

Chairman, Committee on Immigration and Naturalization,

House of Representatives, Washington, D. C.

MARCH 1, 1944.

MY DEAR MR. CHAIRMAN: This is in response to your request for my views concerning a bill (H. R. 4271) to preserve the nationality of certain naturalized citizens residing abroad.

The Nationality Act of 1940 (act of October 14, 1940; 54 Stat. 1170; U. S. C., title 8, secs. 501, et seq.), provides that naturalized nationals of the United States and their minor children shall become expatriated by residence abroad for a specified period. Section 404 of the act (U. S. C., title 8, sec. 804) provides that a naturalized national shall lose his nationality by residing for at least 2 years in a foreign state of which he was formerly a national or in which the place of his birth is situated, if thereby he acquired the nationality of such foreign state; or by residing for 3 years in a foreign state of which he was formerly a national or in which the place of his birth is situated; or by residing for 5 years in any other foreign state. Section 407 (U. S. C., title 8, sec. 407) provides that a minor having American nationality, who resides in a foreign state in the legal custody of a parent who loses American nationality under section 404, shall also lose his American nationality if he acquires the nationality of such foreign state.

Section 409 (U. S. C., title 8, sec. 809) provided that nationality should not be lost under the foregoing provisions until the expiration of 1 year following the date of the act. Because of war conditions making it impracticable for many Americans residing abroad to return to the United States, the act of October 16, 1941 (55 Stat. 743), extended the foregoing period to the date of the expiration of 2 years following the date of the approval of the Nationality Act. The act of October 9, 1942 (56 Stat. 779), postponed the date to the expiration of 4 years following the date of the approval of the original act, i. e., October 14, 1944.

The bill under consideration would still further prolong the period to the expiration of 6 years after the date of the approval of the Nationality Act of 1940, i. e., until October 14, 1946.

In view of the fact that the difficulties of travel still continue because of war conditions, the proposed extension is desirable.

In the light of the foregoing consideration I recommend the enactment of the bill. The Director of the Bureau of the Budget informs me that this legislation is in accord with the program of the President.

Sincerely yours,

Attorney General.

The committee, after hearing the persons who appeared, and after thoroughly discussing the bill, were of the opinion that such legislation was necessary and unanimously report the same and urge early and favorable consideration.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows (existing law in which no change is made is printed in roman; omitted matter is printed within black brackets; the new matter is printed in italics):

SEC. 409. Nationality shall not be lost under the provisions of section 404 or 407 of this Act until the expiration of [four] six years 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 [four] six years following the date of the approval of this Act unless it is overcome during such period.