oldest officials of the Immigration and Naturalization Service do not now recall a single situation where more than one judge sits on a naturalization case.

This subcommittee respectfully recommends to the full committee that the bill as amended by the subcommittee and as appearing in the attached draft receive the favorable consideration of the full committee.

Sincerely yours,

JOHN LESINSKI.

A. LEONARD ALLEN.
O. C. FISHER.

A similar bill, H. R. 2832, passed the House of Representatives in the Seventy-eighth Congress.

The committee are of the opinion that the legislation is highly desirable and, therefore, recommend that the bill do pass.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representative, 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. 331. An applicant for naturalization shall make, under oath before, and unless prevented by sickness or other physical disability only in the office of, the clerk of court or such clerk's authorized deputy, regardless of the place of residence in the United States of the applicant, not less than two nor more than seven years at least prior to the applicant's petition for naturalization, and after the applicant has reached the age of eighteen years, a signed declaration of intention to become a citizen of the United States, which declaration shall be set forth in writing, in triplicate, and shall contain substantially the following averments by such applicant:

SECTION 332

(e) If the applicant for naturalization is prevented by sickness or other disability from presenting himself in the office of the clerk to make the petition required by subsection (a), such applicant may make such petition at such other place as may be designated by the clerk of court or by such clerk's authorized deputy.

SECTION 334

(a) Except as provided in subsection (b) of this section, every final hearing upon a petition for naturalization shall be had in open court before a judge [or judges] thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant [,] and [, except as provided in subsection (b) of this section,] the witnesses shall be examined under oath before the court and in the presence of the court.

(b) The requirement of subsection (a) of this section for the examination of the petitioner and witnesses under oath before the court and in the presence of the court shall not apply in any case where a designated examiner has conducted the preliminary hearing authorized by subsection (a) of section 333; except that the court may, in its discretion, and shall, upon demand of the petitioner, require the examination of the petitioner and the witnesses under oath before the court and in the presence of the court. If the petitioner is prevented by sickness or other disability from being in open court for the final hearing upon a petition for naturalization, such final hearing may be had before a judge of the court at such place as may be designated by the court.

H. Rept. 162

SECTION 335

(d) If the petitioner is prevented by sickness or other disability from being in open court the oath prescribed in subsection (a) of this section may be taken before a judge of the court at such place as may be designated by the court.

SEC. 5. Before a declaration of intention or petition for naturalization may be made outside of the office of the clerk of court, or before a final hearing on a petition may be held or the oath of allegiance administered outside of open court, the court must satisfy itself that the illness or other disability is sufficiently serious to prevent appearance in the office of the clerk of court or the court and is of a permanent nature, or of a nature which so incapacitates the person as to prevent him from appearing in the office of the clerk of court or in court for a period of at least one year.

79TH CONGRESS 1st Session

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HOUSE OF REPRESENTATIVES (

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REPORT No. 163

AMENDING SECTION 401 (a) OF THE NATIONALITY ACT OF 1940 SO AS TO PRESERVE THE NATIONALITY OF CERTAIN UNITED STATES CITIZENS WHO HAVE BEEN UNABLE TO RETURN TO THE UNITED STATES

FEBRUARY 20, 1945.-Referred to the House Calendar and ordered to be printed

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

REPORT

[To accompany H. R. 387]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 387) to amend section 401 (a) of the Nationality Act of 1940 so as to preserve the nationality of certain United States citizens who have been unable to return to the United States, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The bill is designed to preserve the United States citizenship of certain persons who have been unable to return to this country prior to January 13, 1943, because of lack of transportation facilities due to the present World War.

GENERAL INFORMATION

Chapter IV of the Nationality Act of 1940 is the chapter dealing with loss of nationality. Section 401 (a) provides, in part, that a national of the United States, whether nationality has been acquired by birth or naturalization, shall lose his nationality through the naturalization of a parent having legal custody of such person. There is a proviso, however, to the effect that a person who has acquired foreign nationality through the naturalization of his parent or parents, and who has not expatriated himself by any act of his own, may preserve his United States citizenship by returning within 2 years of the effective date of the act, which period expired on January 13, 1943.

This provision of the 1940 act has never been extended, although other provisions of the same act involving loss of citizenship through other methods have been extended because of the recognition of the fact that these persons could not, owing to wartime conditions, return to the United States to protect their citizenship.

A more detailed description is contained in a letter of the Attorney General, dated February 10, 1945, addressed to the chairman of the committee, which letter reads as follows:

Hon. SAMUEL DICKSTEIN,

FEBRUARY 10, 1945.

Chairman, Committee on Immigration and Naturalization,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for my views relative to a bill (H. R. 387) to amend section 401 (a) of the Nationality Act of 1940 (54 Stat. 1168; 8 U. S. C. 801 (a)).

The bill under consideration is identical with a bill (H. R. 5496, 78th Cong.) which was introduced at my request and was passed by the House of Representatives on December 4, 1944.

Section 401 (a) of the Nationality Act of 1940 provides, among other things, that a national of the United States shall lose his nationality by obtaining naturalization in a foreign state or by the naturalization of a parent in a foreign state, if the parent has legal custody of the national.

The second proviso of the section provides: "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 Aet 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."

Section 601 of the Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 906) provides that the act shall take effect from and after 90 days from the date of its approval. The act was approved October 14, 1940. Therefore, in order to take advantage of the proviso, a person would have had to return to the United States prior to January 13, 1943.

The bill under consideration proposes to extend until January 13, 1947, the period for returning to the United States in order to elect to retain citizenship of the United States.

Due to war conditions, many of the persons contemplated by the act have been unable to return to the United States within the time limitation now fixed.

In view of the foregoing considerations I recommend the enactment of the bill. I have been informed by the Director of the Bureau of the Budget that the proposed legislation is in accordance with the program of the President.

Sincerely yours,

FRANCIS BIDDLE, Attorney General.

A similar bill, H. R. 5496, passed the House of Representatives in the Seventy-eighth Congress.

The committee are of the opinion that the legislation is highly desirable and, therefore, recommend that the bill do pass.

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):

SECTION 401 (a) OF THE NATIONALITY ACT OF 1940, APPROVED OCTOBER 14 1940 (54 STAT. 1168; 8 U. S. C. 801 (a))

(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 naturaliza- . tion 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 he is abroad and [he] has not theretofore expatriated himself as [an American citizen] a citizen of the United States by his own voluntary act, be permitted [within two years from the effective date of this Act] at any time prior to January 13, 1947, 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] a citizen of the United States. 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".