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such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight: Provided, That the Philippine Legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Islands who could become citizens of the United States under the laws of the United States if residing therein." 78 (37 Stat. 77.)

NATURALIZATION OF DESERTERS OR PERSONS WHO GO ABROAD TO AVOID DRAFT PROHIBITED

[Act approved August 22, 1912]

SEC. 1. That section nineteen hundred and ninety-eight of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows:

79

"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 ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: *80 (37 Stat. 356; 8 U.S. C. 11.)

VALIDATION OF NATURALIZATION RECORDS

[Act approved August 24, 1912]

SEC. 9. All of the records relating to naturalization or declarations of intention to become citizens of the United States and all certificates of naturalization filed, recorded, or issued prior to an Act to validate certain certificates of naturalization approved June twenty-ninth, nineteen hundred and six, in or from the Louisville city court, sometimes called the Louisville police court, Kentucky, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized. (37 Stat. 487-488.)

78 Sec. 4, Act of July 1, 1902 (32 Stat. 692), prior to March 23, 1912, read as follows: "SEC. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninetynine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight."

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172: 8 U. S. C. 904), effective January 13, 1941. See ch. IV of that Act, p. 403, for "Loss of Nationality. For text of sec. 1998, United States Revised Statutes, prior to August 22, 1912, see footnote 5, p. 452.

CREATION OF DEPARTMENT OF LABOR

[Act approved March 4, 1913]

SEO. 1. That there is hereby created an executive department in the Government to be called the Department of Labor, with a Secretary of Labor, who shall be the head thereof, to be appointed by the President, by and with the advice and consent of the Senate; *(37 Stat. 736; 5 U. S. C. 611.)

SEC. 3.1 That the following-named officers, bureaus, divisions, and branches of the public service now and heretofore under the jurisdiction of the Department of Commerce and Labor, and all that pertains to the same, known as the Commissioner General of Immigration, the Commissioners of Immigration, the Bureau of Immigration and Naturalization, *** the Division of Naturalization, and the Immigration Service at Large, * * * be, and the same hereby are, transferred from the Department of Commerce and Labor to the Department of Labor, and the same shall hereafter remain under the jurisdiction and supervision of the lastnamed department. (37 Stat. 737; 5 U. S. C. 616.) The Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of the Department of Labor, at the head of which shall be a Commissioner of Immigration and Naturalization. (37 Stat. 737; 8 U. S. C. 351.) The Commissioner of the Immigration and Naturalization Service shall be the administrative officer in charge of the Immigration and Naturalization Service and of the administration of the naturalization laws under the immediate direction of the Secretary of Labor, to whom he shall report directly upon all nat

Sec. 3. Act of March 4, 1913, originally read as follows:

Immigration Service at large

"SEC. 8. That the following-named offices, bureaus, divisions, and branches of the public service now and heretofore under the jurisdiction of the Department of Commerce and Labor, and all that pertains to the same, known as the Commissioner General of Immigration, the Commissioners of Immigration, the Bureau of Immigration and Naturalization. ⚫ followed by the Division of Naturalization, and the be, and the same hereby are transferred from the Department of Commerce and Labor to the Department of Labor, and the same shall hereafter remain under the jurisdiction and supervision of the last-named department. The Bureau of Immigration and Naturalization is hereby divided into two bureaus to be known hereafter as the Bureau of Immigration and the Bureau of Naturalization and the titles Chief Division of Naturalization and Assistant Chief shall be Commissioner of Naturalization and Deputy Commissioner of Naturalization. The Commissioner of Naturalization or, in his absence, the Deputy Commissioner of Naturalization, shall be the administrative officer in charge of the Bureau of Naturalization and of the administration of the naturalization laws under the immediate direction of the Secretary of Labor, to whom he shall report directly upon all naturalization matters annually and as otherwise required. *

Executive Order 6166, June 10, 1933, section 14 (5 U. S. C., following Chapter 1), consolidated the Bureaus of Immigration and of Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service, at the head of which was placed a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner General of Immigration and Commissioner of Naturalization, appearing in statutes prior to the Executive Order to the Commissioner of Immigration and Naturalization. Reorganization Plan No. V (5 F. R. 2223), prepared by the President and transmitted to the Congress May 22, 1940, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939 (53 Stat. 561; 5 U. S. C. 133-133r), which Plan became effective June 14, 1940 (5 F. R. 2132. June 5, 1940), transferred the Immigration and Naturalization Service of the Department of Labor (including the Office of the Commissioner of Immigration and Naturalization) and its functions to the Department of Justice, and directed that the Service be administered under the direction and supervision of the Attorney General. All functions and powers of the Secretary of Labor relating to the administration of the Immigration and Naturalization Service and its functions or to the administration of the immigration and naturalization laws were transferred by such Plan to the Attorney General.

Section 37 (a) Act of June 28, 1940 (54 Stat. 675; 8 U. S. C. 458), authorizes the Commissioner with the approval of the Attorney General, to make and prescribe, and from time to time to change and amend such rules and regulations not in conflict with such Act as he may deem necessary and proper in aid of the administration and enforcement of that Act.

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uralization matters annually and as otherwise required, (37 Stat. 737; 8 U. S. C. 353.)

VALIDATION OF NATURALIZATION RECORDS

[Act approved June 23, 1913]

SEO. 4. That all of the records relating to naturalization or declarations of intention to become citizens of the United States and all certificates of naturalization filed, recorded, or issued prior to an Act to validate certain certificates of naturalization approved June twenty-ninth, nineteen hundred and six, in or from the county court of Davidson County, Tennessee, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized. (38 Stat. 75.)

VALIDATION OF DECLARATIONS OF INTENTION

[Act approved August 11, 1916]

That declarations of intention to become citizens of the United States filed prior to the passage of this Act in the counties of Cascade, Chouteau, Teton, Hill, Blaine, and Valley, State of Montana, under the Act approved June twenty-ninth, nineteen hundred and six, entitled "An Act to establish a Bureau of Immigration and Naturalization and to provide for a uniform rule for the naturalization of aliens throughout the United States," as amended by the Acts of March fourth, nineteen hundred and nine, June twentyfifth, nineteen hundred and ten, and March fourth, nineteen hundred and thirteen, are hereby declared to be as legal and valid as if such declarations of intention had been filed in the judicial district in which the declarants resided, as required by section four of said Act of June twenty-ninth, nineteen hundred and six, and that the petitions for naturalization dismissed on account of such invalidity in the declaration of intention shall be given a rehearing without additional cost, upon informal application therefor by the candidate for citizenship to the clerk of court upon notice to the Immigration and Naturalization Service: Provided, That such declarations of intention shall not be by this Act further validated or legalized and that this Act shall apply only to those persons who have heretofore made homestead, desert land, or timber and stone entries. (39 Stat. 505.)

PHILIPPINE CITIZENSHIP

[Act approved August 29, 1916]

SEC. 2. That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United

Superseded Act of March 23, 1912 (87 Stat. 77), amending sec. 4. Act of July 1, 1902 (32 Stat. 692). See footnote 21 to Act of July 1, 1902, as amended by Act of March 23, 1912, p. 460.

States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country: Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein. (39 Stat. 546; 48 U. S. C. 1002.)

CERTAIN PUERTO RICAN CITIZENS DEEMED CITIZENS OF THE UNITED STATES [Act approved March 2, 1917, as added to by Acts of March 4, 1927, June 27, 1934, and May 16, 1938]

SEC. 5. That all citizens of Puerto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, "temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes," and all natives of Puerto Rico, who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United States: Provided, That any person hereinbefore described may retain his present political status by making a declaration, under oath, of his decision to do so within six months of the taking effect of this Act before the district court in the district in which he resides, the declaration to be in form as follows:

"I, , being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanently residing in said. island."

In the case of any such person who may be absent from the island during said six months the term of this proviso may be availed of by transmitting a declaration, under oath, in the form herein provided within six months of the taking effect of this Act to the executive secretary of Puerto Rico; And provided further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this Act, or if a minor, upon reaching his majority or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Puerto Rico, setting forth therein all the facts connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States. (39 Stat. 953; 8 U. S. C. 5.)

"SEC. 5a. That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be

"Prior to May 17, 1932, the words "Puerto Rico" appearing in this Act, as amended read "Porto Rico." Joint Resolution of May 17, 1932, provided that from and after its passage the island designated "Porto Rico" should be known and designated as "Puerto

citizens of Puerto Rico; Provided, That persons born in Puerto Rico of alien parents, referred to in the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided further, That persons who elected to retain the political status of citizens of Puerto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Puerto Ricans born of foreign parents." (44 Stat. 1418-1419; 8 U. S. C. 5a.)

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"SEC. 5b. All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act), and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided further, That any woman, native of Puerto Rico and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality 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 be naturalized under the provisions of section 4 of the Act of September 22, 1922, entitled 'An Act relative to the naturalization and citizenship of married women,' as amended." (48 Stat. 1245; 48 U. S. C. 733b.) 85

"SEC. 5c. That any person of good character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States, and born in Puerto Rico on or after April 11, 1899, who has continued to reside within the jurisdiction of the United States, whose father elected on or before April 11, 1900, to preserve his allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain entered into on April 11, 1899, and who, by reason of misinformation regarding his or her own citizenship status failed within the time limits prescribed by section 5 or section 5a hereof to exercise the privilege of establishing United States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the duties of a citizen of the United States, and has not personally sworn allegiance to any foreign government or ruler upon or after attainment of majority, may make a sworn declaration of allegiance to the United States before any United States district court. Such declaration shall set forth facts concerning his or her birth in Puerto Rico, good character, attachment to the principles of the Constitution of the United States, and being well disposed to the good order and happiness of the United States, residence within the

84 Sec. 2. Act of March 4, 1927.

85 Act of June 27, 1934, the second proviso to which was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941.

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