March 29, 1944.-Referred to the House Calendar and ordered to be printed Mr. DICKSTEIN, from the Committee on Immigration and REPORT [To accompany H. R. 2522] The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 2522) to amend section 323 of the Nationality Act of 1940, as amended (56 Stat. 198; 8 U. S. C. 723), having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: First. On page 2, line 12, after the word "war", insert the following: "or by reason of any oath or obligation taken in connection with such duties,". Second. On page 3, lines 2 and 3, strike out the language reading, "such time as the United States shall cease to be in a state of war", and insert in lieu thereof the following language: "the end of hostilities of the present war". Third. Add a new subsection to be known as subsection (f), to read as follows: (f) Any application for naturalization under subsections (a), (b), or (c) of this section shall be invalid unless filed within one year after the termination of the Second World War as that term is defined in subsection (e) hereof. The bill, as amended, reads as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 323 of the Nationality Act of 1940, as amended, is amended to read as follows: "SEC. 323. (a) A person who, while a citizen of the United States and during the First or Second World War, entered the military or naval service of any country at war with a country with which the United States was or is at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, or by reason of entering or serving in such armed forces, and who intends to reside permanently in the United States, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301, the oaths prescribed by section 335. H. Repts., 78-2, vol. 2- -52 "(b) A person who, during the Second World War, has lost citizenship of the United States by reason of accepting, or performing the duties of, any office, post, or employment under the government of a country (or political subdivision thereof) at war with a country with which the United States is at war, or by reason of any oath or obligation taken in connection with such duties, and who intends to reside permanently in the United States, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301, the oaths prescribed by section 335. "(c) Any person who has lost citizenship of the United States during the Second World War for a reason set forth in subsection (a) or (b) may, if he so desires, be naturalized by taking, before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335. "(d) Certified copies of any oath taken under subsection (a), (b), or (c) shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. "(e) For the purposes of this section, the Second World War shall be deemed to have commenced on September 1, 1939, and shall continue until the end of hostilities of the present war. "(f) Any application for naturalization under subsection (a), (b), or (c) of this section shall be invalid unless filed within one year after the termination of the Second World War as that term is defined in subsection (e) hereof." PURPOSE OF THE BILL The purpose of the bill is to permit persons who have lost their United States citizenship under the provisions of existing law because of having accepted employment during the Second World War with a cobelligerent country to regain their United States citizenship merely by taking the prescribed naturalization oath before any court of naturalization jurisdiction. GENERAL INFORMATION Subsections (b), (c), and (d) of section 401 of the Nationality Act of 1940 (54 Stat. 1169; 8 U. S. C. 801), provide that both nativeborn and naturalized citizens shall lose their citizenship in the following manner: (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. Section 323 permits of the speedy repatriation of persons who lost their citizenship under subsection (c) of section 401 of the Nationality Act of 1940 because of entering the armed forces of a cobelligerent country either during the First or Second World War, and this privilege is retained in the bill. The only substantial new provision is found in subsection (b) of the bill, which is designed to provide for the repatriation of persons who lost their citizenship in the manner described in subsection (b) of section 401 of the Nationality Act of 1940, by taking an oath or making an affirmation or other formal declaration of allegiance to a foreign cobelligerent country in connection with their duties described in subsection (b) of this proposed amendment, or in the manner described in subsection (d) of section 401 of the 1940 act, by 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. The committee is of the opinion that a number of persons, patriotic to the Allied cause, have conscientiously felt that they could be of better service to the cause in the employ or service of the country of their former citizenship, and in line with this conclusion it is not believed that they should be denied the right of a speedy repatriation into United States citizenship. Note that repatriation is provided for only in the case of those former citizens who intend to reside permanently in the United States. " Representatives of the Departments of State and Justice appeared and explained the purpose of the bill. The author of the bill likewise appeared in behalf of the measure. Letters from the Secretary of State and the Attorney General quoted below, explain the bill in detail and the objective it seeks to accomplish. The Honorable SAMUEL DICKSTEIN, FEBRUARY 7, 1944. Chairman, Committee on Immigration and Naturalization, House of Representatives. MY DEAR MR. DICKSTEIN: Miss Miriam Wydra, clerk of the House Committee on Immigration and Naturalization, requested that the committee be furnished with information with respect to the number of persons who might be affected by the enactment of H. R. 2522. I regret to say that it would be impracticable to give even an approximate estimate of the number of persons who have lost their American citizenship during the existing war by entering the military or naval service of any country at war with a country with which the United States is at war or by accepting or performing the duties of an office, post, or employment under the government of any such country. Many such persons are still serving in such forces or are still employed in positions which resulted in their loss of American citizenship and have had no occasion to communicate with the Department or any of its Foreign Service officers. There have been presented to the Department during the period intervening January 19, 1942, and January 29, 1944, 5,503 cases of persons who are considered to have lost their American citizenship. It is estimated that of this number 25 percent, or about 1,375, have lost American citizenship by taking oaths of allegiance to a foreign state but not all such oaths were taken in connection with the entry into the armed forces of a country at war with a country with which the United States is now at war. It is estimated that about 25 percent, or about 1,375, have lost American citizenship by entering or serving in the armed forces of a foreign state at war with a country with which the United States is at war. It is estimated that about 5 percent, or about 275, have lost American citizenship by accepting or performing the duties of any office, post, or employment under the government of a foreign state at war with a country with which the United States is now at war. Undoubtedly in the future, particularly after the cessation of hostilities, many cases will come to light involving loss of American citizenship in the manner indicated in subsections (a) and (b) of H. R. 2522, but the Department does not consider that it is in a position to make even an approximate estimate of such number. It may be added that on June 28, 1943, I advised the Director of the Bureau of the Budget that I had no objection to the enactment into law of H. R. 2522. Sincerely yours, CORDELL HULL. Hon. SAMUEL DICKSTEIN, Chairman, Committee on Immigration and Naturalization, House of Representatives, Washington, D. C. MY DEAR MR. CONGRESSMAN: This is.in response to your request for the views of this Department relative to a bill (H. R. 2522) to provide for the expeditious naturalization of former citizens of the United States who have lost their United States citizenship through civilian employment with countries allied with the United States in the Second World War. Under existing law, any person who, while a citizen of the United States, entered the armed forces of any Allied country during the First or Second World War and who lost his United States citizenship by taking an oath for the purpose of entering any such service or by entering or serving in such armed forces, may, if he intends to reside permanently in the United States, regain his citizenship by merely taking the required oaths of allegiance before any naturalization court. Any person who lost his citizenship in the above-described manner during the Second World War may take the necessary oaths abroad before any diplomatic or consular officer of the United States (sec. 323 of the Nationality Act of 1940, as amended by the act of April 2, 1942, Public, 513, 77th Cong.). The bill under consideration would extend the foregoing benefits of existing law to persons who, during the Second World War, lost their United States citizenship by accepting or performing the duties of any office, post, or employment in the government of an Allied country, if such persons intend to reside permanently in the United States. In view of the fact that there are many civilian activities under the governments of Allied countries which are vital and essential to the successful conduct of the war, it seems desirable to accord to former citizens of the United States who lost their citizenship as a result of engaging in such civilian activities, the same right to reacquire their United States citizenship simply and expeditiously as is given to persons who served in the armed forces of our allies. Accordingly, I find no objection to the enactment of the bill. I have been informed by the Director of the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, Attorney General. After hearing all the evidence produced, the committee is of the opinion that the legislation is highly desirable and, therefore, recommends that the bill, as amended, 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): SEC. 323 (a) A person who, while a citizen of the United States and during the First or Second World War, entered the military or naval service of any country at war with a country with which the United States was or is at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, or by reason of entering or serving in such armed forces, and who intends to reside permanently in the United States, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301, the oaths prescribed by section 335. (b) A person who, during the Second World War, has lost citizenship of the United States by reason of accepting, or performing the duties of, any office, post, or employment under the government of a country (or political subdivision thereof) at war with a country with which the United States is at war or by reason of any oath or obligation taken in connection with such duties, and who intends to reside permanently in the United States, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301, the oaths prescribed by section 835. (c) Any [such person who has lost citizenship of the United States during the Second World War for a reason set forth in subsection (a) or (b) may, if he so desires, be naturalized by taking, before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335. (d) Certified copies of [such] any oath taken under subsection (a), (b), or (c) shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. (e) For the purposes of this section, the Second World War shall be deemed to have commenced on September 1, 1939, and shall continue until [such time as the United States shall cease to be in a state of war] the end of hostilities of the present war. (f) Any application for naturalization under subsections (a), (b), or (c) of this section shall be invalid unless filed within one year after the termination of the Second World War as that term is defined in subsection (e) hereof." 78th Congress, 2d Session House Report No. 1311 INVESTIGATION OF UN-AMERICAN PROPAGANDA ACTIVITIES IN THE UNITED STATES REPORT OF THE SPECIAL COMMITTEE ON UN-AMERICAN ACTIVITIES ON H. Res. 282 TO INVESTIGATE (1) THE EXTENT, CHARACTER, AND Report on the C. I. O. Political Action Committee MARCH 29, 1944.-Committed to the Committee of the Whole House UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1944 |