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The committee is of the opinion that the country owes to these people-our own nationals-who have been loyal to us in every respect and who have fought so courageously against a common enemy, the Japanese, the right to become citizens of the United States. Under the provisions of this bill, if enacted, persons of the Philippine race will be eligible to come to the United States under their quota of 50 per annum even after the Philippine Islands become an independent country, a privilege which would not run to them in the event they remained of a race ineligible to naturalization.

The figures of the Alien Registration Division of the Immigration and Naturalization Service, as of 1940, showed there were 45,321 noncitizen Filipinos in continental United States at that time and a balance of 38,735 in our outlying possessions, the great majority of whom reside in Hawaii. This total of 84,056 represents the major portion of the question at hand because since 1934, and also in the future if this bill is enacted into law, not more than 50 Filipinos could enter the United States annually as immigrants.

The bill is endorsed by the Attorney General and the Secretaries of State and Interior.

At the hearing on the comparable bill the Seventy-eighth Congress, representatives of the various veterans' organizations, and others, including representatives of Philippine organizations, appeared and vigorously endorsed the measure. No one appeared in opposition. Also, at this hearing, a representative of the Department of Justice appeared before the committee and explained the necessity for the bill.

There are quoted herewith letters from the Attorney General and the Secretary of State expressing the views of their Departments on the comparable bill in the Seventy-eighth Congress. They read as follows:

Hon. SAMUEL DICKSTEIN,

NOVEMBER 23, 1944.

Chairman, Committee on Immigration and Naturalization,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for my views concerning a bill (H. R. 4826) to authorize the naturalization of Filipinos.

Section 1 of the bill proposes to amend section 303 of the Nationality Act of 1940 (8 U. S. C. 703), which enumerates the persons who are racially eligible to naturalization, i. e., white persons, persons of African nativity or descent, descendants of races indigenous to the Western Hemisphere, and Chinese persons and persons of Chinese descent. It is proposed to add the following provisions to the enumeration: "Filipino persons or persons of Filipino descent.'

Section 2 of the bill proposes to amend section 324 (a) of the act relating to the naturalization of persons who have served honorably in the armed forces of the United States, by striking therefrom the words "including a native-born Filipino." This phrase will serve no purpose if Filipinos will become eligible to naturalization. Section 1 of the proposed bill omits an important provision found in existing law. Section 303 of the Nationality Act at present contains a proviso to the effect that nothing in that section shall prevent the naturalization of native-born Filipinos having honorable service in the armed forces of the United States or of former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317 (8 U. S. C. 717). The section facilitates the naturalization of persons who have been citizens of the United States, but who lost United States citizenship prior to September 22, 1922, by marriage to an alien or by the spouse's loss of United States citizenship, as well as the naturalizetion of persons who lost United States citizenship on or after September 22, 1922, by marriage to an alien inadmissible to citizenship. The bill omits the entire proviso. The first part of the proviso would no longer serve any useful purpose if the bill is enacted, but the second part should be retained. It is, therefore,

suggested that section 1 of the bill be amended by the insertion of the following clause at the end thereof: "Provided, That nothing in this section shall prevent the naturalization of former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317."

I find no objection to the enactment of the bill, if it is amended as suggested above.

I have been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

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MY DEAR MR. DICKSTEIN: The Department has been importuned at various times to support legislation to make Filipinos eligible to naturalization in the United States. While I am not unmindful of the fact that the question whether the privilege of naturalization should be extended to members of any race not now eligible to naturalization is a matter involving legislative policy, I do not consider that I would be unwarranted in pointing out that the Filipino people have long shown their attachments to the ideals and principles of the United States; that they have a long and unbroken record of loyalty to the United States; that they have valiantly resisted the invaders of the Philippines and are continuing to do so; that Filipino soldiers fought courageously against the Japanese in the Philippines, especially at Bataan; that many Filipinos are now serving in the military forces of the United States, the maritime service, and the essential war industries in this country and that Filipinos in the United States have always been held in high esteem by the American people. While I could cite many reasons why Filipinos should be made eligible to naturalization, I know of no reason why they should not be.

I have ascertained that there are now pending before Congress a number of bills to authorize the naturalization of Filipinos. One such bill, H. R. 4826, which was introduced in the House of Representatives on May 18, 1944, by Representative McGehee and which was referred to your committee, comes nearest to meeting the views of the Department. Its enactment would make Filipino persons or persons of Filipino descent eligible to naturalization in the United States. The Department believes, however, that a proviso should be added to section 1 of the bill reading somewhat along the following lines: "Provided, That no certificate of arrival shall be required of any Filipino person or person of Filipino descent who is now a citizen of the Commonwealth of the Philippines, and who entered the United States prior to May 1, 1934, and has since continuously resided in the United States."

Prior to May 1, 1934, Filipino persons or persons of Filipino descent who owed allegiance to the United States generally were not considered aliens for immigration purposes and no record could have been made of their entry into the United States as aliens upon which a certificate of arrival could be issued. Since May 21, 1934, records have been made of the admission to the United States of all such persons as aliens. It would seem inequitable for a Filipino person or a person of Filipino descent who is now a citizen of the Commonwealth of the Philippines and who entered the United States prior to May 1, 1934, and has since continuously resided herein to be unable to become naturalized because of his inability to obtain a certificate of arrival. For this reason a proviso such as that suggested would seem desirable and just.

I should be pleased if the Congress in its wisdom should approve H. R. 4826 with the amendment above suggested or any similar bill having the same purpose. The Department has been informed by the Bureau of the Budget that there is no objection to the transmission of such report as the State Department may deem appropriate after considering the suggestions made by the Attorney General in his letter dated October 17, 1944, of which a copy is enclosed together with a copy of the letter of transmittal from the Bureau of the Budget.

Sincerely yours,

EDWARD R. STETTINIUS, Jr.,
Acting Secretary.

A similar bill, H. R. 4826, passed the House of Representatives in the Seventy-eighth Congress.

The Committee is of the opinion that the legislation is highly desirable and, therefore, recommend that the bill 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):

NATIONALITY ACT OF 1940 (54 STAT. 1137; 8 U. B. C. 907), AS AMENDED

SEC. 303. The right to become a naturalized citizen under the provisions of this Act shall extend only to white persons, persons of African nativity or descent, descendants of races indigenous to the Western Hemisphere, [and] Chinese persons or persons of Chinese descent, and Filipino persons or persons of Filipino descent: Provided, That nothing in this section shall prevent the naturalization of [native-born Filipinos having the honorable service in the United States Army, Navy, Marine Corps, or Coast Guard as specified in section 324, nor of] former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317.

SEC. 321A. Certificates of arrival or declarations of intention shall not be required of Filipino persons or persons of Filipino descent who are citizens of the Commonwealth of the Philippines on the date of the enactment of this section, and who entered the United States prior to May 1, 1934, and have since continuously resided in the United States. The term "Filipino persons or persons of Filipino descent" as used in this Act shall mean persons of a race indigenous to the Philippine Islands and shall not include persons who are of as much as one-half of a race ineligible to citizenship.

SEC. 324. (a) A person [, including a native-born Filipino,] who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years and who, if separated from such service, was separated under honorable conditions, may be naturalized without 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 or within six months after the termination of such service.

AMENDING SECTION 23 OF THE IMMIGRATION ACT OF FEBRUARY 5, 1917

MARCH 6, 1945.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MASON, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 1104]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 1104) to amend section 23 of the Immigration Act of February 5, 1917, as amended (8 U. S. C. 101-102), having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to fix the salary of the Commissioner of Immigration and Naturalization at $10,000 per annum.

GENERAL INFORMATION

The situation in the law which relates to the salary of the Commissioner of Immigration and Naturalization of the Department of Justice is undesirable as being detrimental to the interests of the Government and needs legislative correction.

At the present time the position of Commissioner of Immigration and Naturalization is classified in grade CAF-15, which is the highest nonprofessional classification permitted by general law, in the absence of a statutory provision allowing a higher classification, in specific cases (U. S. Code, title 5, sec. 673). The salary range of grade CAF15 is $8,000 and $9,000 per annum. Consequently, under existing law, the Commissioner of Immigration and Naturalization may not receive a salary in excess of $9,000. Prior to June 10, 1933, the Immigration and Naturalization Bureaus were separate organizations. Each had its own Commissioner as the official in charge. The salary of each Commissioner was $8,000 per annum.

The position of Commissioner of Immigration and Naturalization was last classified in 1933. At that time the permanent personnel of the Service numbered 3,961 and its annual appropriation was $10,384,000. This situation existed until 1940. Since the latter date, however, the number of its employees and its annual appropriation have more than doubled. During the present fiscal year, ending June 30, 1945, the authorized force for the Immigration and Naturalization Service is 8,213, and the appropriation for the present year is $28,300,000.

In addition, the duties of the Immigration and Naturalization Service have been greatly increased since 1940. The registration of all aliens in the United States was required by the Alien Registration Act of 1940 (U. S. C., title 8, secs. 451 to 460). The task of registering 5,000,000 aliens and of coordinating the information thus obtained was and still is one of major proportions. That act also imposed on the Immigration and Naturalization Service the duty of providing travel documents to all aliens who cross our borders. Moreover, it has become necessary to increase the number and activities of the border patrol in order to guard the coast line and land borders of the United States against the illegal entry of aliens, especially alien enemies. The Service has been required to set up a number of concentration camps throughout the country for the detention of alien enemies.

In view of the greatly increased number of employees in the Immigration and Naturalization Service, the fact that one Commissioner now heads up the consolidated Services, and in the light of the added duties and responsibilities that have devolved on the Commissioner of Immigration and Naturalization as a result of present world conditions, it appears desirable to enact legislation which would authorize the payment to the Commissioner of Immigration and Naturalization a salary of $10,000 per annum.

Such a provision would merely enable the Commissioner to receive a salary equal to that which is at present provided by law for the heads of other Government bureaus or agencies performing similar duties; for example, the Commissioner of Customs (U. S. Code, title 5, sec. 281) and the Commissioner of Internal Revenue (U. S. Code, title 26, sec. 3900).

A similar bill, H. R. 1671, passed the House of Representatives in the Seventy-eighth Congress.

After full consideration of all the facts the committee was unanimously of the opinion that the bill was definitely meritorious and, therefore, recommend that the same 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; new matter is printed in italics):

SEC. 23. That the Commissioner of Immigration and Naturalization shall perform all his duties under the direction of the Attorney General. He_shall receive a salary of $10,000 per annum. Under such direction he shall have charge of the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all officers, clerks, and employees appointed thereunder; he shall establish such rules and regulations, prescribe such forms of bond, reports, entries, and other papers,

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