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"TITLE IV-REORGANIZATION OF EXECUTIVE DEPARTMENTS
“DECLARATION OF STANDARD "SEO. 401. The Congress hereby declares that a serious emergency exists by reason of the general economic depression; that it is imperative to reduce drastically governmental expenditures; and that such reduction may be accomplished in great measure by proceeding immediately under the provisions of this title.
“Accordingly, the President shall investigate the present organization of all executive and administrative agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes:
“(a) To reduce expenditures to the fullest extent consistent with the efficient operation of the Government;
“(b) To increase the efficiency of the operations of the Government to the fullest extent practicable with the revenues;
"(c) To group, coordinate, and consolidate executive and administrative agencies of the Government, as nearly as may be, according to major purposes;
"(d) To reduce the number of such agencies by consolidating those having similar functions under a single head, and by abolishing such agencies and/or such functions thereof as may not be necessary for the efficient conduct of the Government;
“(e) To eliminate overlapping and duplication of effort; and “(f) To segregate regulatory agencies and functions from those of an administrative and executive character.
“DEFINITION OF EXECUTIVE AGENCY “SEC. 402. When used in this title, the term 'executive agency' means any commission, independent establishment, board, bureau, division, service, or office in the executive branch of the Government and, except as provided in section 403, includes the executive departments.
"POWER OF PRESIDENT "Sec. 403. Whenever the President, after investigation, shall find and declare that any regrouping, consolidation, transfer, or abolition of any executive agency or agencies and/or the functions thereof is necessary to accomplish any of the purposes set forth in section 401 of this title, he may by Executive order
“(a) Transfer the whole or any part of any executive agency and/or the functions thereof to the jurisdiction and control of any other executive agency;
“(b) Consolidate the functions vested in any executive agency;
"(c) Abolish the whole or any part of any executive agency and/or the functions thereof; and
“(d) Designate and fix the name and functions of any consolidated activity or executive agency and the title, powers, and duties of its executive head; except that the President shall not have authority under this title to abolish or transfer an executive department and/or all the functions thereof.
"SEC. 404. The President's order directing any transfer, consolidation, or elimination under the provisions of this title shall also make provision for the transfer or other disposition of the records, property (including office equipment), and personnel, affected by such transfer, consolidation, or elimination. In any case of a transfer or consolidation under the provisions of this title, the President's order shall also make provision for the transfer of such unexpended balances of appropriations available for use in connection with the function or agency transferred or consolidated, as he deems necessary by reason of the transfer or consolidation, for use in connection with the transferred or consolidated function or for the use of the agency to which the transfer is made or of the agency resulting from such consolidation.” (47 Stat. 1517–1518; 5 U.S. C. 124-132.)
RELATIONS OF PHILIPPINE ISLANDS WITH UNITED STATES PENDING
(Act approved March 24, 1934] Sec. 2. (a)
(1) All citizens of the Philippine Islands shall owe allegiance to the United States.
(16) Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippine Islands all the civil rights of the citizens and corporations, respectively, thereof.
Sec. 8. (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17
(1) For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 (except section 13 (c)), this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii.
(2) Citizens of the Philippine Islands who are not citizens of the United States shall not be admitted to the continental United States from the Territory of Hawaii (whether entering such Territory before or after the effective date of this section) unless they belong to a class declared to be nonimmigrants by section 3 of the Immigration Act of 1924 or to a class declared to be nonquota immigrants under the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such Territory under an immigration visa. The Attorney General 6 shall by regulations provide a method for such exclusion and for the admission of such excepted classes.
• See footnote 53, p. 470.
(3) Any Foreign Service officer may be assigned to duty in the Philippine Islands, under a commission as a consular officer, for such period as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country; but his powers and duties shall be confined to the performance of such of the official acts and notarial and other services, which such officer might properly perform in respect of the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of State.
(4) For the purposes of sections 18 and 20 of the Immigration Act of 1917, as amended, the Philippine Islands shall be considered to be a foreign country.
(b) The provisions of this section are in addition to the provisions of the immigration laws now in force, and shall be enforced as a part of such laws, and all the penal or other provisions of such laws not inapplicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws other than this section, shall not be admitted to the United States if he is excluded by any provision of this section.
(c) Terms defined in the Immigration Act of 1924 shall, when used in this section, have the meaning assigned to such terms in that Act.
Sec. 10. (a) On the 4th day of July immediately following the expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act the President of the United States shall by proclamation withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the United States in the Philippines (except such naval reservations and fueling stations as are reserved under section 5), and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force.
(b) The President of the United States is hereby authorized and empowered to enter into negotiations with the government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in its present status.
Sec. 14. Upon the final and complete withdrawal of American sovereignty over the Philippine Islands the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries.
Sec. 17. The foregoing provisions of this Act
shall not take effect until accepted by concurrent resolution of the Philippine Legislature or by a convention called for the purpose of passing upon that question as may be provided by the Philippine Legislature. (48 Stat. 456-457, 462_465; 48 U. S. C. 1232, 1238, 1240, 1244, 1247.)
DUTIES OF CLERKS OF COURT; FEES
(Act approved April 19, 1934) SEC. 1. That the first paragraph of section 13 of the Naturalization Act of June 29, 1906 (34 Stat. 596), as amended (U. S. C., Supp. VII, title 8, sec. 402), is amended to read as follows:
"Sec. 13. That the clerk of each and every court exercising jurisdiction in naturalization cases shall charge, collect, and account for the following fees in each proceeding:
“(1) For receiving and filing a declaration of intention and the issuing of a duplicate thereof, $2.50;
“(2) For making, filing, and docketing a petition for citizenship, and issuing a certificate of citizenship if the issuance of such certificate is authorized by the court, and for the final hearing on the petition, $5.". (48 Stat. 597; 8 U.S. C. 402.)
SEC. 2.7 Subdivisions (b) and (c) of section 32 of the Act of June 29, 1906, and subdivision (a) of section 33 of the Act of June 29, 1906, which were added thereto by section 9 of the Act of March 2, 1929 (45 Stat. 1512), and by section 4 of the Act of May 25,1932 (47 Stat. 165), as amended (U. S. C., Supp. VII, title 8, sec. 399b (b) and (c), and sec. 399C (a)), are amended as follows: Wherever in said subdivisions the words "a fee of $10” occur that shall be amended to read “a fee of $5.” (48 Stat. 597; 8 U. S. C. 399b (b), 399b (c), 399c (a).)
Sec. 3. Section 5 of the Act of March 2, 1929 (45 Stat. 1512), as amended (U. S. C., Supp. VII, title 8, sec. 380 (a)), is amended to read as follows:
“Sec. 5. For every certificate of arrival issued for naturalization purposes a fee of $2.50 shall be paid to the Commissioner of Immigration and Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees.” (48 Stat. 597; 8 U.S. C. 380a.)
SEC. 4. Subdivision (a) of Section 32 of the Act of June 29, 1906, which was added thereto by section 9 of the Act of March 2, 1929 (45 Stat. 1512), as amended (U. S. C., Supp. VII, title 8, sec. 399 (b) (a)), is amended as follows: Wherever in said subdivision the words "a fee of $10” occur they shall be amended to read "a fee of $1”; and by adding at the end thereof the following: “Provided, That an alien veteran as defined in section 1 of the Act of May 26, 1926 (44 Stat. 654; (U. S.C., Supp. VII; title 8, sec. 241 (a)), shall not be required to pay the fee required by this subdivision.' (48 Stat. 597; 8 U.S. C. 399b (a).)
* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. S. 904), effective January 13, 1941. See sec. 342 (a), p. 391, of that Act for similar provisions,
See footnote 69, p. 476.
SEC. 5. In all naturalization proceedings in which an alien applying for certificate of citizenship is represented by counsel, there is hereby established a limit of $25 for counsel's fees, except where legal action before a court requires extended legal service when the court may approve a reasonable fee in excess of $25. (48 Stat. 598; 8 U.S. C. 399f.)
Sec. 6. Subdivision (b) of section 1 of the Act of March 2, 1929 (45 Stat. 1513), as amended (U. S. C., Supp. VII, title 8, sec. 106 (a) (b)), is amended as follows: Whenever in said subdivision the words "a fee of $20" occur they should be amended to read “a fee of $10.” (48 Stat. 598; 8 U. S. C. 106a (b).)
GRANTING OF CITIZENSHIP TO INDIANS OF THE TSIMSHIAN TRIBE AND
(Act approved May 7, 1934) SEC. 1. That the Indians of the Tsimshian Tribe, and those people known as Metlakahtlans, who emigrated from Metlakahtla, British Columbia, Canada, to Annette Island, in the Alexander Archipelago in southeastern Alaska in the year 1887, and there established a colony known as Metlakahtla, Alaska, and any and all other British Columbia Indians who joined them there not later than January 1, 1900, and have since resided continuously therein, having been faithful and loyal to the Constitution, laws and the Government of the United States, are hereby declared to be citizens of the United States. (48 Stat. 667; 8 U.S. C. 3b.)
Sec. 2. The granting of citizenship to the said Indians shall not in
any manner affect the rights, individual or collective, of the said Indians to any property, nor shall it affect the rights of the United States Government to supervise and administer the affairs of the said Metlakahtla Colony. And any reservations heretofore made by any Act of Congress or Executive order or proclamation for the benefit of the said Indians shall continue in full force and effect and shall continue to be subject to modification, alteration, or repeal by the Congress or the President, respectively. (48 Stat. 667; 8 U.S. C. 3c.)
CITIZENSHIP OF CHILDREN BORN ABROAD; RENUNCIATION OF CITIZENSHIP: NATURALIZATION OF SPOUSES OF CITIZENS; REPEALS
(Act approved May 24, 1934) SEC. 1.9 That section 1993 of the Revised Statutes is amended to read as follows:
"SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless
For footnote 7 see p. 551. . Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. S. C. 904). effective January 13, 1941. See secs. 201 (p. 356), 202 (p. 357), 401 (f) (p. 404), 310 (p. 364), 311 (p. 365) and 313 (p. 366) of that Act for similar provisions.