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[CHAPTER 2-2D SESSION]
[H. R. 2207]

AN ACT

To amend the Nationality Act of 1940.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 401 (g) of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1169; U. S. C. 8, 801g), be, and the same is hereby, amended to read as follows:

"(g) Deserting the military or naval forces of the United States 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".

SEC. 2. Section 1420 Revised Statutes (21 Stat. 3, 34 U. S. C. 163) as amended, is hereby amended as follows: Strike out the period at the end of the section, and insert the following: ", except that in time of war such deserters may be enlisted in the naval service, upon permission of competent naval authority thereunto authorized by the Secretary of the Navy."

SEC. 3. Section 339 of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1160), is hereby amended to read as follows:

"SEC. 339. A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of section 201 (c). (d), (e), and (g) of the Nationality Act of 1940 (54 Stat. 1138; U. S. C., title 8, sec. 601), may apply to the Commissioner for a certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen, and that the applicant's alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance re

quired by this Act of a petitioner for naturalization, such individual shall be furnished by the Commissioner or a deputy commissioner with a certificate of citizenship, but only if such individual is at the time within the United States."

Section 342 (a) (5) of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1161), is hereby amended to read as follows: "(5) For application for a certificate of citizenship under section 339, $5."

Approved January 20, 1944.

[CHAPTER 5-2D SESSION]
[H. R. 3741]

AN ACT

To authorize the Secretary of the Navy to proceed with the construction of certain public works, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is hereby authorized to establish or develop the following naval shore activities by the construction of such temporary or permanent public works as he may consider necessary, including buildings, facilities, accessories, and services, with which shall be included the authority to acquire the necessary land, and to continue or complete the construction of any project heretofore authorized or undertaken, which projects have been specifically approved by the Secretary of the Navy, with approximate costs as indicated: Fleet facilities, $4,000,000; aviation facilities, $50,000,000; storage facilities, $23,000,000; ordnance facilities, $92,000,000; personnel training and housing facilities, $92,260,000; shore radio facilities, $5,000,000; Naval Research Laboratory, $800,000; miscellaneous structures, $14,000,000: Provided, That the approximate cost indicated for each of the classes of projects enumerated above may, in the discretion of the Secretary of the Navy, be varied upward or downward, but the total cost shall not exceed $281,060,000: Provided further, That prior to the acquisition, by lease or otherwise, of any land under authority of this Act, the Secretary of the Navy shall report to the Senate and House Naval Affairs Committees all such prospective acquisitions: And provided further, That the Secretary of the Navy is hereby authorized to enter into contracts under the appropriation "Public Works, Bureau of Yards and Docks", for public-works equipment, materials, and construction, including collateral public-works items, to the extent of the total cost hereby authorized and without regard to the provisions of section 3709, Revised Statutes.

SEC. 2. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may necessary to effectuate the purpose of this Act.

be

Approved January 28, 1944.

(3)

[CHAPTER 9-2D SESSION]

[S. 1543] .

AN ACT

To provide for mustering-out payments to members of the armed forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) except as provided in subsection (b) of this section, each member of the armed forces who shall have been engaged in active service in the present war, and who is discharged or relieved from active service under honorable conditions on or after December 7, 1941, shall be eligible to receive mustering-out payment.

(b) No mustering-out payment shall be made to—

(1) any member of the armed forces who, at the time of discharge or relief from active service, is receiving base pay at a higher rate than the base pay of the third period as prescribed in section 1 of the Pay Readjustment Act of 1942, as amended;

(2) any member of the armed forces who, at the time of discharge or relief from active service, is transferred or returned to the retired list with retirement pay or to a status in which he receives retirement pay;

(3) any member of the armed forces for any active service performed prior to the date of his discharge or relief from active service on his own initiative to accept employment or, in the case of any member so relieved from active service, for any active service performed prior to the date of his discharge while in such inactive status, unless he has served outside the continental limits of the United States or in Alaska;

(4) any Air Corps Reserve officer who is entitled to receive a lump-sum payment under section 2, as amended (55 Stat. 240), of the Act of June 16, 1936;

(5) any member of the armed forces whose total period of service has been as a student detailed for training under (A) the Army specialized training program, (B) the Army Air Forces college training program, or (C) any similar program under the jurisdiction of the Navy, Marine Corps, or Coast Guard;

(6) any member of the armed forces for any active service performed prior to the date of his discharge from such forces for the purpose of entering the United States Military Academy, the United States Naval Academy, or the United States Coast Guard Academy;

(7) any member of the armed forces whose sole service has been as a cadet at the United States Military Academy or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, or in a preparatory school after nomination as a principal, alternate, or candidate for admission to any of said Academies; and

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