I was pleased to hear his comments and remarks concerning the date of qualification, because some of us have other ideas regarding dates which I think might be more appropriate.

I did want to make this observation, Mr. Rooney, and I want again to compliment you. I am sure your bill will get the appropriate support it deserves.

Mr. ROONEY. Please accept my thanks.

Mr. FEIGHAN. Your statement, without objection, will be placed in the record, Mr. Rodino.

(The statement referred to is as follows:)

Mr. Chairman, the proposed legislation designed to offer expeditious naturalization to aliens serving in the Armed Forces is timely and appropriate. Its objectives are in keeping with our Country's time-honored history and tradition of giving due recognition to those who served honorably in the United States Armed Forces.

I consider it a privilege to appear before this deliberative and distinguished Committee to support and recommend legislation which will offer expeditious naturalization to aliens serving in the Armed Forces of the United States. The pending bills are of recent origin, but their genesis is over a century old. The Congress has, on many past occasions, found it proper to enact legislation to grant naturalization benefits to aliens who had faithfully served their adopted country.

The benefits thus enacted were a reward to the alien in one sense and an understanding of the problems attendant to the alien in another.

It is only right that the Congress extend to an alien serving the United States the chance to gain time toward his naturalization. Naturalization of such aliens is expedited under the pending bills mainly by the elimination of the requirements of specific periods of residence or physical presence in the United States. Also, the petition for naturalization may be filed in any Court having jurisdiction over naturalization regardless of the residence of the petitioner. This legislation does not propose any waiver of the basic requirements for naturalization under the Immigration and Nationality Act, such as a showing of good moral character, attachment to the principles of the Constitution, understanding of the English language, history, and form of Government, and no prohibition upon the naturalization of subversives is waived under this legislation.

I call your attention to H.R. 2903, which I introduced on January 18, 1967. This bill is similar to the bill that I introduced in the last Congress with the exception of the eligibility date. Many dates have been suggested; however, I urge adoption of February 28, 1961, because this date is the date chosen by the Department of Defense to establish eligibility for the award of combat badges. This seems to me to be the fairest and most reasonable approach.

A person under military orders is certainly a mobile person and, as such, can be dispatched from one corner of the world to meet acts of aggression in another. Some of our military units have been developed for just such purpose. Each airman, soldier, marine, and sailor has a part to play in maintaining our military posture whether that part is played in an area of conflict or an area of comparative safety.

I stress the purport of my bill, previous enactments which have World War II, and World War I. Mr. FEIGHAN. At this point in the record I wish to insert the statement which was to be presented by our colleague, Hon. Harold D. Donohue from Massachusetts. Mr. Donohue is unable to be with us today due to a death in his family. Our sympathy is with him. (The statement follows:)

H.R. 2903. This legislation conforms with benefited veterans of the Korean conflict, This gives no less and no more.

STATEMENT OF HON. HAROLD D. DONOHUE, OF MASSACHUSETTS, BEFORE THE IMMIGRATION AND NATIONALITY SUBCOMMITTEE No. 1 OF THE HOUSE COMMITTEE ON THE JUDICIARY IN SUPPORT OF H.R. 3914 AND SIMILAR AND RELATED BILLS Mr. Chairman and Members of the Subcommittee: I am most appreciative of the opportunity to submit this testimony to your distinguished Committee in connection with my Bill, H.R. 3914, and similar and related measures.

I would like to congratulate the Chairman and Committee members for this demonstration of your concern for those non-citizens of the United States who have and are honorably and effectively serving in our military forces in protection of the security of this nation and the preservation of liberty throughout the world.

In substance, my bill, H.R. 3914, is a one section bill amending the Immigration and Nationality Act to provide for the naturalization of persons through active-duty service in the Armed Forces of the United States in Vietnam during combatant activities in Vietnam.

Subsection (a) revises the first section of section 329 (a) of the Immigration and Nationality Act, retaining the provisions of existing law providing for the naturalization of persons who have served honorably in an active-duty status in the Armed Forces of the United States during World War I, World War II, and the Korean hostilities, and adding a new paragraph (2) to provide for the naturalization of persons who have served honorably in an active-duty status in the Armed Forces of the United States in the combat zone of Vietnam and water adjacent thereto. Executive Order Numbered 11216, dated April 24, 1965, designated Vietnam and waters adjacent thereto as a combat zone for the purposes of section 112 of the Internal Revenue Code of 1954. This Executive Order defined the geographic area of the combat zone and further designated the date of the commencing of combatant activities in such area as January 1, 1964.

Subsections (b), (c), and (d) are technical amendments necessary to conform existing law to the substantive change made by subsection (a). In short, these technical amendments assure that the same conditions with respect to such things as proof of honorable service in an active-duty status will apply to persons serving in Vietnam in the same manner as they apply to veterans of World War I, World War II, and the Korean hostilities.

The period during which eligible persons must have served in Vietnam is defined in the bill as the period beginning January 1, 1964, and ending on the date designated by the President by a future Executive Order as the date of termination of combatant activities in Vietnam.

Mr. Chairman, I have no intention of intruding upon the time of this Committee at any great length because I know your distinguished Committee memhers are thoroughly familiar with the legislative problem and objective that is being reviewed here and also because of the other witnesses who are here to testify before you.

While I have spoken to you on behalf of my own particular Bill, H.R. 3914, may I say I am not merely concerned with authority; on the contrary, my primary concern is that the people in our Armed Services, not yet citizens of the United States, are granted the customary privilege, under specific requirements, of being made citizens of the United States which I think all of us agree is right and just.

Any measure to achieve this good objective would be certainly meritorious and I urge you, Mr. Chairman and Committee members, to expedite your action and recommendations in whatever final form you feel, in your judgment, will best accomplish the ends we are commonly seeking.

May I, again, thank you Mr. Chairman and Committee members for your Courtesy.

Mr. FEIGHAN. We next have our very able colleague, Mrs. Kelly.

STATEMENT OF HON. EDNA F. KELLY, REPRESENTATIVE TO CONGRESS FROM THE STATE OF NEW YORK

Mrs. KELLY. Thank you so much, Mr. Chairman, for permitting me to be a witness here this morning. I regret that I was not here on time to hear my colleague from Brooklyn testify on a bill which may be identical with mine, or mine identical with his, which are the bills under consideration.

I do want to say, Mr. Chairman, my reason for appearing here today-and for introducing this bill-was simply to add my strength, if possible, to the bill introduced by our worthy colleague, Congressman Rodino, and to hope that you will report favorably his bill as soon as possible.

Mr. FEIGHAN. Are you speaking

Mrs. KELLY. I am speaking of H.R. 763.

Mr. FEIGHAN. In other words, you are repudiating your bill?

Mrs. KELLY. I am, Mr. Chairman, because my bill is almost identic with Mr. Rooney's and with Mr. Rodino's: the exception is the 196 date. After I reviewed some of the background for this date and as result of being a member of the Foreign Affairs Committee, I feel the the 1961 date is much more favorable than the 1963 date.

I have mentioned in my statement to the committee many reasor for making the change to 1961. It was in 1961 that President Ker nedy declared that consideration should be given to the use of US forces to help South Vietnam resist Communist aggression, and the in November, U.S. combat forces were sent to South Vietnam. I hav enumerated several of the dates which show the escalation of ou troops to that area.

Mr. Chairman, without taking further time for this bill, may I hop that you will accept my few remarks at this point for the record, an I have said in those remarks that I favor completely the bill of ou colleague, Mr. Rodino. I hope that bill will be reported.

STATEMENT ON H.R. 763 BEFORE THE HOUSE COMMITTEE ON JUDICIARY, SUI COMMITTEE NO. 1, WEDNESDAY

Mr. Chairman and distinguished Members of the Committee: In early 1960 after realizing that many aliens were risking their lives in the defense of free dom, by their service in the Armed Forces of the United States, I introduce H.R. 763 (H.R. 15100, 89th Congress, 2d Session) to amend the Immigratio and Nationality Act. This bill would grant United States citizenship to alien who serve in the Armed Forces of the United States for at least 90 days durin the Vietnam hostilities and who are then honorably discharged from the Arme Services.

This bill is almost identical to the one introduced by our able colleague, Mi Rodino. I have introduced this bill in an endeavor to seek a favorable actio on this subject and I also have hopes that my sponsorship might encourage it consideration. The difference between my bill and that introduced by M Rodino is in the date marking the United States' combat involvement in th Vietnam conflict. The date 1961 is without doubt the factual date for considera tion of this bill.

On May 5, 1961, President Kennedy declared that consideration was bein given to the use of U.S. forces to help South Vietnam resist Communist pressures On November 16, 1961, President Kennedy decided to bolster South Vietnam military strength, but not to commit U.S. combat forces at that time.

On February 7, 1962, two U.S. Army air support companies totaling 300 me arrived in Saigon, increasing the total of U.S. military personnel in South Viet nam to 4,000.

During World War II and the Korean hostilities, Congress enacted simila legislation granting United States citizenship to aliens who served in our Arme Forces during those conflicts. The reasons which moved Congress to act the are present today.

The Immigration and Nationality Act presently provides for the grantin of United States citizenship to aliens who serve in our Armed Forces for period of at least 3 years and are then honorably discharged, provided the entered the country legally. However, this law, which is embodied in Titl VIII, Section 1439, U.S. Code, makes no exceptions as to the requirement for years' military service.

At once, it becomes obvious that present law does not provide for situation where alien servicemen are honorably discharged from the Armed Services be fore serving for 3 years. Thus, an alien may serve in the Armed Forces, b wounded and maimed in battle, discharged honorably, but still not be eligible fo United States citizenship. There is no justification for denying citizenship t these individuals who are perhaps the most deserving.

I believe the privileges of citizenship should be extended to aliens who ar drafted or who enlist in our Armed Services, serve for at least 90 days, may b

sent to Vietnam, risk their lives in a real war, and who are honorably discharged. It should be axiomatic that those who risk their lives in the defense of freedom are entitled to all of the benefits and privileges we can bestow upon them.

I therefore respectfully urge that H.R. 763 or any of the other bills containing similar provisions be favorably reported and enacted into law.

Mr. FEIGHAN. Thank you, Mrs. Kelly.

I might say that with reference to the date, February 28, 1961, contained in H.R. 565, by Mr. Feighan, and H.R. 2903, by Mr. Rodino, is the date established in Public Law 89-257 for acceptance of foreign awards for service in Vietnam.

This was the approximate date on which American military advisers began to accompany their Vietnamese counterparts in military operations.

This date was also selected by the Department of the Army for the awards of Combat Infantryman's Badge and Combat Metal Badge. Additionally, on January 31, 1961, the U.S. military advisers were authorized to be detailed to Vietnam Army infantry posts, and on May 5, 1961, U.S. personnel was authorized to accompany the Government of Vietnam forces on combat operations.

As to the date of January Î 1963, contained in the bills introduced by Mr. Rooney, Mr. Ryan, you, and Mr. Matsunaga, this is the approximate date of the U.S. military buildup in Vietnam.

In the bill introduced by Mr. Donohue, the date of January 1, 1964, was selected as coinciding with the commencing date of combat activities in Vietnam for purposes of certain considerations under the Internal Revenue Code.

The date of August 5, 1964 was used in Public Law 89-55 which amended the act incorporating the American Legion so as to redefine eligibility for membership therein.

In S. 16, the Vietnam Era Veterans' Readjustment Assistance Act is contained the commencing date of August 5, 1964, the date of the Gulf of Tonkin incident. February 12, 1955, was the date the first American military assistance group was sent to Vietnam, just giving this as background.

Mrs. KELLY. Mr. Chairman, could I ask you the last date you mentioned when the first combat troops were sent? I have it, accordng to background information relating to southeast Asia and Vietnam, and I am turning now to page 8 of that report, which I will submit, that May 5 the late President Kennedy declared at a press Conference that consideration was being given to the use of U.S. forces, if necessary, to help South Vietnam resist Communist pressures. He declared that this will be one of the subjects discussed during the forthcoming visit of the then Vice President Johnson in South Vietnam.

Then, on November 16, 1961, with the approval of the National Security Council, we decided to bolster South Vietnam's military trength, and combat forces were sent there at that time.

Mr. Downy. What is that last date?

Mrs. KELLY. I have it here-November 16, 1961. I have it in this book, "Background Information Relating To Southeast Asia and Vietnam." In 1962, on February 7, two U.S. Army air support companies, totaling 300 men, arrived in Saigon, increasing, according to the statistics, U.S. personnel in South Vietnam to 4,000.

That was my reason, primarily, for reversing my position on 1963 to 1961. I also checked back and found that the first U.S. casualty in

Vietnam, was killed in 1961; in 1962 there were 13 enlisted men, an 18 officers; in 1963, 28 enlisted men and 48 officers; 1964, 48 and 78 and 1965, 112 as against 245 officers.

For that reason, Mr. Chairman, I have changed my position an hope this date will be accepted.

Mr. FEIGHAN. In the report of the 90th Congress, first session, Calen dar No. 11, Report No. 7, from the Senate, we have the tabulation o certain dates as to the operations in Vietnam.

Thank you very much.

Mrs. KELLY. I leave it to your wisdom, and I will agree with yo on whatever bill you come out with, so long as we have it.

Mr. FEIGHAN. We are very pleased to have as our next witnes Mr. Edward Rudnick, Assistant Commissioner of Naturalization Immigration and Naturalization Service.

You may proceed, Mr. Rudnick.

STATEMENT OF EDWARD RUDNICK, ASSISTANT COMMISSIONER OF NATURALIZATION, IMMIGRATION AND NATURALIZATION SERVICE

Mr. RUDNICK. Mr. Chairman and members of the subcommittee I appreciate the opportunity to submit a statement to your subcom mittee expressing the views of the Department of Justice, and to par ticipate in this hearing in connection with the various bills pending before your subcommittee to amend those provisions of the Immigra tion and Nationality Act relating to the naturalization of members and veterans of the U.S. Armed Forces.

Legislation providing for the expeditious naturalization of non citizens who have rendered honorable service in the Armed Forces of this country covers a span of more than 100 years of American history On occasion, the beneficence has been bestowed also upon alien resi dents whose military service was rendered in the Armed Forces of a nation allied with the United States, rather than in our own Armed Forces.

The rewards embodied in these congressional enactments consistently have been in the form of relief from compliance with some of the general requirements for naturalization applicable to civilians.

Exemptions granted wartime servicemen and veterans have been more liberal than those given for services rendered during peacetime. Beginning in 1862, and continuing intermittently until the latter part of 1940, with short time lapses between dates of expiration and reenactment, many and varied congressional enactments extended recognition for the contributions and sacrifices of our noncitizen servicemen, and paced the way for their expeditious acquisition of citizenship.

With the passage of the Nationality Act of 1940, effective January 13, 1941, and continuing to the present, there has never been a time when our naturalization laws have not conferred special largess upon our men in uniform.

A brief review of the principal conditions that the civilian candidate for citizenship must fulfill will be helpful in understanding the extent to which servicemen have been relieved from the general naturalization requirements.