ship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this Act: Provided further, That the provision of this section respecting the deportation of aliens convicted of a crime involving moral turpitude shall not apply to one who has been pardoned, nor shall such deportation be made or directed if the court, or judge thereof, sentencing such alien for such crime shall, at the time of imposing judgment or passing sentence or within thirty days thereafter, due notice having first been given to representatives of the State, make a recommendation to the Secretary of Labor that such alien shall not be deported in pursuance of this Act; nor shall any alien convicted as aforesaid be deported until after the termination of his imprisonment, or the entry of an order releasing him on probation or parole: Provided further, That the provisions of this section, with the exceptions herein before noted, shall be applicable to the classes of aliens therein mentioned irrespective of the time of their entry into the United States: Provided further, That the provisions of this section shall also apply to the cases of aliens who come to the mainland of the United States from the insular possessions thereof: Provided further, That any person who shall be arrested under the provisions of this section, on the ground that he has entered or been found in the United States in violation of any other law thereof which imposes on such person the burden of proving his right to enter or remain, and who shall fail to establish the existence of the right claimed, shall be deported to the place specified in such other law. In every case where any person is ordered deported from the United States under the provisions of this Act, or of any law or treaty, the decision of the Secretary of Labor shall be final." (b) The amendments made by subsection (a) shall not apply with respect to any act done prior to the date of enactment of this Act, but such section 19 shall be enforced with respect to any such act as if such amendments had not been made. TITLE III SEC. 7. That the Act entitled "An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes", approved October 16, 1918, as amended, is amended to read as follows: "SEC. 1. That any alien who is at the time of his application for admission into the United States or who was at any time theretofore a member of any one of the following-described classes shall be excluded from admission into the United States: "(a) Aliens who are anarchists. "(b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that advises, advocates, or teaches, opposition to all organized government. "(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches (1) the overthrow by force or violence of the Govern ment of the United States or of all forms of law; or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (3) the unlawful damage, injury, or destruction of property; or (4) sabotage. "(d) Aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter advising, advocating, or teaching, opposition to all organized government, or advising, advocating, or teaching (1) the overthrow by force or violence of the Government of the United States or of all forms of law; or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government; or (3) the unlawful damage, injury or destruction of property; or (4) sabotage. "(e) Aliens who are members of or affiliated with any organization, association, society, or group that writes, circulates, distrubutes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue or display, any written or printed matter of the character described in subdivision (d). "It being the intent and purpose of this section that membership in any one of such classes at the time admission is sought or at any time theretofore, of no matter how short duration or how far in the past, shall prevent admission. "For the purpose of this section. (1) the giving, loaning, or promising of money or anything of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine; and (2) the giving, loaning, or promising of money or anything of value to any organization, association, society, or group of the character above described shall constitute affiliation therewith; but nothing in this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation. "SEC. 2. That any alien who, knowingly and voluntarily at any time became a member of any one of the classes of aliens enumerated in section 1 of this Act, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported in the manner provided in the Immigration Act of February 5, 1917. The provisions of this section shall be applicable to the classes of aliens mentioned in this Act, irrespective of the time of their entry into the United States. The fact of the membership of any alien in any class of aliens indicated in section 1 of this Act shall, of itself, authorize and require his deportation; wholly without regard to the place, time, length, or character of such membership. "It being the intent and purpose of this section that membership in any one of the classes of aliens enumerated in section 1 of this Act, at any time, of no matter how short duration or how far in the past, irrespective of its termination or of how it may have ceased, shall require deportation. "SEC. 3 That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this Act, thereafter return to or enter the United States or attempt to return to or to enter the United States shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment for a term of not more than five years; and shall, upon the termination of such imprisonment, be taken into custody, upon the warrant of the Secretary of Labor, and deported in the manner provided in the Immigration Act of February 5, 1917." TITLE IV SEC. 8. No immigration visa shall hereafter be issued to any alien seeking to enter the United States unless said alien has been fingerprinted in triplicate; one copy of the fingerprint record to be utilized as far as practicable by the consul in ascertaining whether or not the person making application for entry is the person whose name is set forth in the application and whether or not the applicant has a criminal record or other statutory disqualification which would exclude him from entering the United States; the second copy of the fingerprint record to be attached to the alien's immigration visa to provide for verification of the immigrant's identity upon arrival at a port of entry of the United States; and the third copy of the fingerprint record to be sent directly to the Division of Identification of the Department of Justice for filing in the alien section of its noncriminal records. Amend the title so as to read: “A bill to make unlawful attempts to interfere with the discipline of the Army, the Navy, and the Coast Guard; to require the deportation of certain classes of aliens; to require the fingerprinting of aliens seeking to enter the United States; and for other purposes." ELIMINATIONS FROM THE ORIGINAL BILL Much of the original bill has been eliminated by the committee amendments. None of the committee amendments were adopted by the committee because of antagonism against the purposes or provisions of those parts of the bill which they eliminated, the views prevailing in the committee being based rather upon the belief that each amendment was wise, all things considered. For instance, the amendment striking title I was occasioned by the adoption in the House of the McCormack amendment to H. R. 6075. The McCormack amendment, in general terms, seeks to cover much of the same ground which title I covered, and it was thought that if the McCormack amendment be liberally construed, it might render the adoption of title I of the original bill, H. R. 5138, unnecessary or ill-advised. The amendment striking sections 5, 6, 7, and 8 of title II was grounded upon the difficulties of definition and the questionable constitutionality of some of the provisions stricken. Section 12 of title III was stricken largely because of its similarity to the Dempsey bill, already passed by the House, and because of the difficulties of definition. Section 13 of title III was eliminated because of the opposition of the State Department because of its contravention of treaty obligations. Subsection (8) of section 14 was eliminated because of the committee's conviction that compulsory naturalization is not desirable. The registration and fingerprinting provisions of title III were eliminated largely because of the practical difficulties presented by the problem of the administration, and the thought that the criminal and more undesirable aliens would pay no attention to these requirements, if enacted into law, while the requirements would seriously inconvenience many perfectly law-abiding residents. It was also thought that much of the information sought by the proposed registration could be obtained by the census to be taken next year. It was also the conviction of the committee that section 3 of the Starnes bill, H. R. 3392, which requires the fingerprinting of every alien seeking to enter the United States at the time he applies for an immigration visa in his own country, would in the future give much of the relief sought by the registration and fingerprinting provisions of the Smith bill. Section 25 of title IV was eliminated because of its harshness, the thought being that the State Department could and would approximate the objectives sought by diplomacy. Title V was eliminated because it was nothing more than the Hobbs bill, H. R. 5643, which has already been passed by the House. THE BILL AS REPORTED TITLE I Title I gives protection to our Army, Navy, and Coast Guard in peacetime similar to that already provided by law for time of war. Its single purpose is to protect the personnel of these branches of the Government service from subversive influences intended to undermine their loyalty and devotion. It makes it a crime to advise, counsel, urge, or solicit any member of the Army, Navy, or Coast Guard to disobey the laws or regulations governing them, or to disobey the lawful orders of a superior, or to publish or distribute any pamphlet, paper, print, article, letter, or other writing of similar import. It further provides that such printed matter may be taken from any house or other place or from any person in whose possession it may be, under a lawful search warrant. TITLE II Title II amends section 19 of the Immigration Act by adding the following additional grounds of deportation and making them apply to any alien who at any time after his entry engages in such activities: 1. Knowingly, and for gain, shall have encouraged, induced, as sisted, abetted, or aided any other alien to enter, or try to enter, the United States, in violation of law. 2. Engaged in espionage for a foreign government or international political agency, seeking to change the character of the Government of the United States or influence its policies. 3. Has been convicted of violation of a State narcotic law. 4. Possesses or carries any weapon without legal authority which shoots, or is designed to shoot, automatically or semiautomatically, more than one shot without manual reloading, by a single function of the trigger, or any firearm that has a muffler or silencer, or a weapon commonly called a sawed-off shotgun. TITLE III Title III amends an act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes approved October 16, 1918, as amended. The amendments proposed by title III provide that membership in any of the five classes denominated as anarchistic and similar classes at any time, of no matter how short duration, or how far in the past, shall prevent admission to the United States, or require deportation. It simply amends existing law to meet the requirements indicated by the Supreme Court in its decision in the Strecker case. TITLE IV Title IV provides that no immigration visa shall hereafter be issued to any alien seeking to enter the United States unless said alien has been fingerprinted in triplicate. One copy is for the use of the consul, the second for the use of the immigration authorities at the port of entry, the third for the use of the Federal Bureau of Identification. In compliance with clause 2a of rule XIII, statutes amended by H. R. 5138, as introduced, and by the committee amendment are printed below in roman, with matter proposed to be stricken out enclosed in brackets and new matter proposed to be inserted printed in italic: (Sec. 7 of the Naturalization Act of 1906, amended by sec. 12 of H. R. 5138, as introduced. This section is omitted in the committee amendment.) SEC. 7. No person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other organized government, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. No person shall be naturalized or be made a citizen of the United States who believes in any form of government for the United States contrary to that now existing in the United States or who is a member of, or affiliated with, any organization which advocates any form of government for the United States contrary to that now existing in the United States. COMMITTEE AMENDMENT (Sec. 6 of the committee amendment amends sec. 19 of the Immigration Act of February 5, 1917, as below indicated:) SEC. 19. At any time within five years after entry, any alien who at the time of entry was a member of one or more of the classes excluded by law; any alien who shall have entered or who shall be found in the United States in violation of this Act, or in violation of any other law of the United States; any alien who at any time after entry knowingly, and for gain, shall have encouraged, induced, assisted, abetted, or aided any other alien to enter, or try to enter the United States in violation of law; any alien engaged at any time after entry in espionage for a foreign government or international political agency seeking to change the character of the Government of the United States or influence its policies; any alien who has at any time after entry been convicted of violation of a State narcotic law; any alien who at any time after entry possesses or carries any weapon without legal authority which shoots or is designed to shoot automatically or semiautomatically more than one shot without manual reloading, by a single function of the trigger, or any firearm that has a muffler or silencer, or a weapon commonly called a sawed-off shotgun; any alien who at any time after entry shall be found advocating or teaching the unlawful destruction of property, or advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law or the assassination of public officials; any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing; except as hereinafter provided, any alien who after May 1, 1917, is sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed [within five years] at any time after the entry of the alien to the United States [, or who is sentenced more than once to such a term of imprisonment because of conviction in this country of any crime involving moral turpitude, committed at any time after entry]; any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute; any alien who manages or is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists any prostitute or protects or promises to protect from arrest any prostitute; any alien who shall import or attempt to import any person for the purpose of prostitution or for any other immoral purposes; any alien who, after being excluded and deported or arrested and deported as a prostitute, or as a procurer, or as having been connected with the business of prostitution or importation for prostitution or other immoral purposes in any of the ways herein before specified, shall return to and enter the United States; any alien convicted and imprisoned for a violation of any of the provisions of section 4 hereof; any alien who was convicted, or who admits the commission, prior to entry, of a felony or other crime or misdemeanor involving moral turpitude; at any time within three years after entry, any alien who shall have entered the United States by water at any time or place other than as designated by immigration officials, or by land at any place other than one designated as a port of entry for aliens by the Commissioner of Immigration and Naturalization, or at any time not designated by immigration and naturalization officials, or who enters without inspection, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported: Provided, That the marriage to an American citizen of a female of the sexually immoral classes, the exclusion or deportation of which is prescribed by this Act, shall not invest such female with United States citizenship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this Act: Provided further, That the provision of this section respecting the deportation of aliens convicted of a crime involving moral turpitude shall not apply to one who has been pardoned, nor shall such deportation be made or directed if the court, or judge thereof, sentencing such alien for such crime shall, at the time of imposing judgment or passing sentence or within thirty days thereafter, due notice having first been given to representatives of the State, make a recommendation to the Secretary of Labor that such alien shall not be deported in pursuance of this Act; nor shall any alien convicted as |