if rendered subsequent to the applicant's lawful entry into the United States for permanent residence and immediately preceding the date of naturalization. Now, the question I want to raise with this committee is this, whether or not it is proper to allow the time that a person serves on a ship whose home port is an American port, or to have that time apply on residence in the United States. As you see, we may be going a little too far. This does not say necessarily serving on an American-owned ship, but, also, on ships of American registry. Of course, if it is an American ship all right, but is it right, or not, or is it the policy of the committee to want to say that a person who has served on such a ship, a Greek, Italian, or whatever he may be, if he gets employment on board a ship which is of American registry, can say that he has served there for 2 or 3 years, and to count that 2 or 3 years' period as entitling him to become a citizen. Mr. VAN ZANDT. The employment of aliens is restricted on ships flying the American flag. Mr. SHAUGHNESSY. Subsidized vessels can only have a small percentage of noncitizens. Mr. AUSTIN. The question is whether 2 or 3 years' service on board such a ship shall be considered as residence in this country. Mr. REES. Suppose they are employed in the Foreign Service of the United States for 3 or 4 years, and then come to the United States. Mr. AUSTIN. Suppose, for instance, an Italian is working for the American Embassy. Mr. FLOURNOY. They are not permitted to employ aliens in the Diplomatic Service. They work in consulates. Mr. VAN ZANDT. He will be working under the American flag just as he would be working under the American flag on board a ship of American registry. Mr. AUSTIN. Unless he is attached to an American port. Mr. VAN ZANDT. A man may be employed at an American consulate for 3 or 4 years, under the American flag, and could come to the United States. Mr. MASON. This does not give him any residence. Mr. AUSTIN. This might establish a precedent. Mr. REES. Let me ask which Department suggested this amendment or proviso. Mr. HAZARD. The War Department. The CHAIRMAN. Is there not something in the La Follette law whereby we must give some sort of protection to men working on American vessels, or some allowance for the time they served so that it may count in the matter of citizenship? You cannot very well maintain a merchant marine if that service should deprive these men of citizenship. Mr. VAN ZANDT. An American ship flying the American flag is considered to be American territory. Suppose he is employed in an American consulate, in Haiti, we will say, for 3 years, employed on American ground, and protected by the American flag. That is American territory, just as the ship of American registry on which he serves. Now, if he applies for citizenship, why should he not insist that that time should be applied? Mr. AUSTIN. He must have had a permanent residence before he served in the consulate in order to apply. Mr. VAN ZANDT. Suppose he met all those conditions? Mr. AUSTIN. He must have entered the country lawfully, and have gone back and served the consulate for 3 years. Mr. LESINSKI. A person must be in the country legally before he can start to work on an American merchant ship. It would not apply to an embassy employee who was never over here. Without objection, the amendment is agreed to. (The amendment was agreed to.) Mr. LESINSKI. On page 13, beginning with line 22, the remainder of the section is stricken out. Without objection, that amendment is agreed to. (The amendment was agreed to.) Mr. LESINSKI. On page 14, following line 3, a new section 308 is offered, reading as follows: Any alien who has been lawfully admitted into the United States for permanent residence and who has heretofore been or may hereafter be absent temporarily from the United States solely in his or her capacity as a regularly ordained clergyman, shall be considered as residing in the United States for the purpose of naturalization notwithstanding any such absence from the United States, but he or she shall in all other respects comply with the requirements of the naturalization laws. Such alien shall prove to the satisfaction of the Secretary of Labor and the naturalization court that his or her absence from the United States has been solely in the capacity hereinbefore described. Without objection, section 308 is adopted. (Section 308 was adopted.) Mr. LESINSKI. Again on page 14, line 5, "308" is changed to "309", and in line 14, after the word "character", the following language is inserted: attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. Without objection, that amendment is approved. (The amendment was approved.) Mr. LESINSKI. On page 15, line 5, "327" is inserted, and "326” is stricken out. Without objection, that amendment is agreed to. (The amendment was agreed to.) Mr. LESINSKI. On page 16, line 12, "309" is stricken out, and "310" is inserted. Also, in the same section, line 13, the words "12 o'clock noon, eastern standard time" is stricken out. Is there any objection to that amendment? (The amendment was adopted.) Mr. LESINSKI. In line 15, of the same page, the words "12 o'clock noon, eastern standard time" are stricken out. Without objection, the amendment is agreed to. (The amendment was agreed to.) Mr. LESINSKI. On page 17, line 1, the words "Hawaii, Alaska, or Puerto Rico" are stricken out. Without objection, the amendment is agreed to. (The amendment was agreed to.) Mr. LESINSKI. In line 4, page 17, after the word "who" the words "on or" are inserted, and in the same line, following the word "after" the words "12 o'clock noon, eastern standard time" are stricken out. Without objection, those amendments will be agreed to. (The amendments were agreed to.) Mr. LESINSKI. Then on line 7, page 17, after the word "naturalized" the words "on or after May 24, 1934" are inserted, and in the same line the words "after such date" are stricken out. Without objection, those amendments will be agreed to. (The amendments were agreed to.) Mr. LESINSKI. On page 17, line 17, the words "Hawaii, Alaska, or Puerto Rico" are stricken out. Without objection, that amendment will be agreed to. (The amendment was agreed to.) Mr. LESINSKI. On page 17, line 20, after the word "woman" the words "on or after" are inserted, and the words "since 12 o'clock noon, eastern standard time" are stricken out. Without objection, those amendments are agreed to. (The amendments were agreed to.) Mr. LESINSKI. On page 18, line 3, after the word "person" the words "on or" are inserted, and in line 4 the words "12 o'clock noon, eastern standard time" are stricken out. If there are no objections to those corrections, the amendments will be agreed to. (The amendments were agreed to.) Mr. LESINSKI. In line 7, page 18, the words "12 o'clock noon, eastern standard time" are stricken out. Without objection, that amendment is agreed to. (The amendment was agreed to.) Mr. LESINSKI. In line 14, page 18, "310" is stricken out, and "311" is inserted in lieu thereof. Without objection, that amendment is approved. (The amendment was approved.) Mr. LESINSKI. On page 19, line 7, change "311" to "312". Without objection, that amendment is approved. (The amendment was approved.) Mr. LESINSKI. On page 19, line 9, after the words "United States" insert the following language: or of an American institution of research recognized as such by the Secretary of Labor, or an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof. Mr. REES. Section 312. Mr. LESINSKI. The insertion that I just read. Mr. REES. So that it will read: SEC. 312. An alien, whose spouse is (1) a citizen of the United States, (2) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Secretary of Labor, or an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, and (3) regularly stationed abroad in such employment. I think the State Department can give us briefly the reason for that. Mr. MASON. You will have to go on and read what happens. Mr. REES (reading): and who is (1) in the United States at the time of naturalization, and (2) declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all requirements of the naturalization laws, with the following exceptions: Mr. MASON. Now we may naturalize that kind of person with the following exceptions? Mr. REES (reading): (a) No declaration of intention shall be required; and (b) no prior residence within the United States or within the jurisdiction of the naturalization court or proof thereof shall be required. Mr. REES. I think that is of more interest to the Department of Labor. Mr. HAZARD. There are a great many people who are sent abroad in the employment of the Government of the United States or who are abroad in the furtherance of American trade or commerce or who represent American scientific institutions abroad who are not able to comply with the regular residential requirements. This statute would permit such persons, on proof of that fact, to be naturalized with regard to their absence from the country. It would require lawful admission for permanent residence, but whatever absence there was from the United States would be excused by virtue of this provision. Mr. LESINSKI. On line 10, page 19, insert after the word "abroad" "in such employment," and on the same line strike out "under orders of such Government," and then on the same page, line 19, after the words "United States" insert "or within the jurisdiction of the naturalization court." Mr. MASON. I approve of all of that. Mr. LESINSKI. Then, on the same page, line 22, change section "312" to section "313." Are there any objections to those changes? Mr. MASON. No. Mr. LESINSKI. On pages 20 and 21, section "313" to section "314," and change section "314" to section "315," and section "315" to section "316." Mr. MASON. I approve all of those changes of numbers of the sections. Mr. LES NSKI. That is just changing the numbers of the sections. On page 22, change section "316" to "317", and in line 5, strike out the word "born" and in line 6 strike out "or who otherwise acquired citizenship of the United States," and in line 11, after the word "marriage" strike out the comma. Those are all of the corrections on page 22, and if there are no objections, the same stand approved. On page 23, line 17, section "334" is changed to "335", and on line 23, after the word "a", insert the word "naturalization", and on the same page, line 23, strike out the last word, "having" and continue striking out the words "jurisdiction to naturalize aliens as citizens of the United States." Mr. MACIEJEWSKI. There is no objection to those changes. Mr. LESINSKI. And on page 25 change section "318" to section "319." If there is no objection, the suggested changes stand approved. On page 26, line 2, strike out the words "on the ground" after the word "or" and insert after the word "or" the words "presumptive fraud as", and then in line 6, change section "337" to "338." Then on page 27, change section "319" to "320", and change section "320" to "321." If there is no objection, the same stands approved. On page 28, change section "321" to "322", and in line 12, page 28, change section "322" to section "323", and in line 20 on the same page, change section "334" to section "335", and in line 21, page 28, change section "323" to section "324.” Mr. MASON. All right. Mr. LESINSKI. If there are no objections, the same stands approved. There are no corrections on page 29. On page 30, line 15, change section "308" to section "309." There are no other changes on that page. If there are no objections, the same stands approved. On page 31, line 8, change section "324" to 325." In line 16, following the words "naturalized without", strike out complying with the requirements as to five years' residence within the United States and six months' residence in the State, if such person files a petition for naturalization while still in the Service on a reenlistment. That word "reenlistment" should be stricken out. Mr. HAZARD. No; just part of the word. Mr. LESINSKI. You have "Service on a reen", and then on the next line "listment" is not stricken out. Mr. HAZARD. It remains. Mr. LESINSKI. On line 20 you have left "listment," Mr. MASON. Yes; because they have put in a change here in these other new words. Mr. LESINSKI. And in lieu of the words stricken out insert: having resided continuously immediately preceding the date of filing such person's petition, in the United States for at least five years, and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the Service on a reenlistment, reappointment or reshipment, or within six months after an honorable discharge or separation therefrom. Is there any objection to that? If not, the same is approved. Mr. MACIEJEWSKI. Yes. Mr. LESINSKI. On page 32, line 4, change "section 325" to "section 326." In line 6, after the word "war", strike out "shall not be admitted to become," and insert the words "may be naturalized as." In line 7, after the words "United States," strike out the word "unless" and insert the word "if," and in line 9 strike out the word "existence" and insert the word "beginning", and in line 9, after the word “at”, insert "the beginning of the state of war." Mr. MACIEJEWSKI. And on the same line, line 9, strike out the words "that time". Mr. LESINSKI. Yes; strike out in line 9 the words "that time." After striking out "that time" insert "the beginning of the state of war." In line 11. after the word "or" strike out the words "unless the" and insert the word "his" and in line 12, after the word "shall" strike out the word "then" and insert the words "at the beginning of the state of war." If there are no objections to the corrections, the same will stand approved. Mr. MACIEJEWSKI. On page 33 you have just one change. Mr. LESINSKI. On page 33, line 11, change "section 326" to "section 327." |