for appropriations for the government of the District of Columbia, of estimates for appropriations for the Commission on Mental Health (52 Stat. 624, 626) and the Register of Wills (secs. 404-405 of ch. 4 of title 19 of the District of Columbia Code) respectively. Section 10 provides that the act sought by the bill shall take effect on July 1, 1949.

It seems obviously fitting and desirable that the three agencies involved which are arms of the district court for this district, should be brought like other agencies of the courts, completely under the court administration. The Commissioners of the District of Columbia have advised Chief Judge Laws of the District Court that they concur with the court in favoring a transfer of the agencies. I therefore trust that the bill recommended by the Judicial Conference, which is enclosed, may meet the favor of the Congress and be enacted.

Respectfully submitted.

HENRY P. CHANDLER.

GOVERNMENT OF THE DISTRICT OF COLUMBIA,

Hon. JOHN L. MCMILLAN,

EXECUTIVE OFFICES, Washington, D. C., June 2, 1949.

Chairman, Committee on the District of Columbia,

House of Representatives, Washington, D. C.

MY DEAR MR. MCMILLAN: The Commissioners have for report H. R. 4705, Eighty-first Congress, a bill to transfer the office of the probation officer of the United States District Court for the District of Columbia, the office of the Register of Wills for the District of Columbia, and the Commission on Mental Health, from the government of the District of Columbia to the Administrative Office of the United States Courts, for budgetary and administrative purposes.

The purpose of this bill is to provide for the transfer from the government of the District of Columbia to the Administrative Office of the United States Courts for budgetary and administrative purposes the following agencies: (a) The probation office of the United States District Court for the District of Columbia, b) the Office of the Register of Wills, and (c) the Commission on Mental Health. The Director of the Administrative Office of the United States Courts would be required to include items for the operation of these agencies in the estimates of appropriations for the courts It would then be unnecessary to include such items in the estimates of appropriations for the operation of the District of Columbia government. The District would still bear a portion of the expense of operation of the agencies, namely 60 percent, and would be credited with 60 percent of the revenues derived from the operation of such agencies as is now the case with respect to other agencies and branches of the United States District Court for the District of Columbia

The judges of the court and the Commissioners are in agreement that enactment of the bill would provide better administrative control and operation since these agencies are in essence branches of the court and carry out court functions.

(NOTE. This was submitted by the Corporation Counsel at a committee hearing, with the explanation that it had been submitted to the Bureau of the Budget but as vet their recommendations had not been received.)

CHANGES IN EXISTING LAW

In compliance with clause 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill as referred to the committee are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman): The changes in law are indicated according to the sections in this bill H. R. 4705.

TITLE 19-401 (SEC 3)

L There shall be appointed for the District, a register of wills, who shall take an oath for the faithful and impartial discharge of the duties of his office.]

The Register of Wills shall be appointed by the United States District Court for the District of Columbia and shall be subject to removal by that court.

TITLE 11-330 (SEC. 7)

[On and after July 1, 1939, there shall be credited to the District of Columbia that proportion of the fees and fines collected by the District Court of the United States for the District of Columbia, including fees and fines collected by the offices of the clerk of that court and of the United States marshal for the District of Columbia, as the amount paid by the District of Columbia toward salaries and expenses of such court and of the offices of the United States district attorney for the District of Columbia and of the United States marshal for the District of Columbia bears to the total amount of such salaries and expenses; and such proportion of the fees and fines, if any, collected by the United States Court of Appeals for the District of Columbia. including fees and fines, if any, collected by the office of the clerk of that court, as the amount paid by the District of Columbia toward the salaries and expenses of such court bears to the total amount of such salaries and expenses.]

There shall be credited to the District of Columbia that proportion of the fees and fines collected by the United States District Court for the District of Columbia, including fees and fines collected by the offices of the clerk of that court, of the Register of Wills of the District of Columbia, and of the United States marshal for the District of Columbia, salaries and expenses of such court and of the offices of the United States district attorney for the District of Columbia and of the United States marshal for the District of Columbia bears to the total amount of such salaries and expenses; and such proportion of the fees and fines, if any, collected by the United States Court of Appeals for the District of Columbia Circuit, including fees and fines, if any, collected by the office of the clerk of that court, as the amount paid by the District of Columbia toward the salaries and expenses of such court bears to the total amount of such salaries and

expenses.

TITLE 19-404

[All of the fees and emoluments of the office of register of wills of the District of Columbia shall be paid at least weekly to the collector of taxes for the District of Columbia, for deposit in the treasury of the United States, to the credit of the District of Columbia.]

TITLE 19-405

[The annual estimates of appropriations for the government of the District of Columbia shall include estimates of appropriations for the operation and maintenance of the office of register of wills.]

1st Session

No. 907

MRS. GIOVANNA FOLLO DISCEPOLO

JUNE 24, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. WALTER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 52991

The Committee on the Judiciary, to whom was referred the bill (H. R. 5299) for the relief of Mrs. Giovanna Follo Discepolo and her three children, having considered the same, report favorably thereon with amendment and recommend that the bill do pass.

The amendment is as follows:
Amend the title so as to read:

A bill for the relief of Mrs. Giovanna Follo Discepolo.

PURPOSE OF THE BILL

The purpose of the bill is to restore United States citizenship to a native-born former citizen who has lost it under the operations of section 401 (e) of the Nationality Act of 1940, as amended, providing that citizenship shall be lost by a person who votes in a political election in a foreign state.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General to the chairman of the committee, dated May 12, 1949, with reference to H. R. 1483, a bill introduced earlier for the relief of the same individual. The said letter reads as follows:

Hon. EMANUEL CELLER,

MAY 12, 1949.

Chairman, Committee on the Judiciary, House of Representatives,

Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice with respect to the bill (H. R. 1483) for the relief of Mrs. Giovanna Follo Discepolo and her three children

The bill would authorize the admission into the United States for permanent residence of Mrs. Giovanna Follo Discepolo (a former national of the United States who unintentionally lost her nationality by voting in a political election in Italy on June 2, 1946) and her three minor children, of Castelvetere, Sul Calore, Province of Avellino, Italy. It would also direct the Secretary of State, through the proper consular officer, to take the necessary action to effect the immediate admission of the alien and her three minor daughters, and upon enactment of the bill to instruct the proper quota-control officer to deduct four numbers from the quota for Italy for the first year that such quota is available.

The files of the Immigration and Naturalization Service of this Department disclose that Mrs. Discepolo was born in Bridgeport, Conn., on January 16, 1909 Her father died the following year and she was taken to Italy, where she has since resided. Approximately 19 years ago she married Quirino Discepolo, a native and citizen of Italy, who died about 1940. Her three minor daughters, who are also named in the bill, are unmarried. Their ages are, Rosina 20, Maria 14, and Quirino 8 years. Mrs. Discepolo's brother, a native-born citizen of the United States, who resides in East Boston, Mass., has stated that, in the event the aliens are admitted to this country for permanent residence, he will guarantee that they will not become public charges. Another brother and a sister also reside in East Boston.

Section 401 (e) of the Nationality Act of 1940 (54 Stat. 1137, 1169) provides that a person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory. On February 17, 1947, a certificate of the loss of nationality of the United States was executed by Franklin H. Murrell, vice consul of the United States at Naples, Italy. It states that Mrs. Discepolo expatriated herself under the above-cited provision by voting in a political election in Italy on March 17, 1946

Therefore, in order to return to the United States for permanent residence, it would be necessary for Mrs. Discepolo to obtain a quota immigration visa. The quota of Italy is preempted for a period of 1 year and, due to the restrictive emigration policy of Italy, a long delay may be encountered by her in obtaining passports which are a prerequisite to the issuance of visas.

Whether the aliens should be granted a preference through special legislation presents a question of legislative policy concerning which this Department prefers not to make any recommendation. If the bill is to receive favorable consideration, however, it is suggested that it be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

"Notwithstanding the quota limitations now provided by law, quota immigra tion visas may be issued to Mrs. Giovanna Follo Discepolo (a former national of the United States) and to her three minor Italian-born children, upon application made therefor, provided they are otherwise admissible to the United States under the immigration laws

"SEC. 2. Upon the issuance of the visas, the Secretary of State shall instruct the proper quota-control officer to deduct four numbers from the first available immigration quota for nationals of Italy."

Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General.

Additional information was submitted to the committee by the brother of the beneficiary of this measure, Mr. Carlo Follo, a United States citizen residing in East Boston, Mass.

The following constitutes a brief summary of my sister's background, as requested by you.

Mrs. Giovanna Follo Discepolo was born in Bridgeport, Conn., on January 16, 1909. When she was 1 year of age my father died, leaving my mother with five children. In order to prevent becoming a public charge and having to place her children in an orphanage, my mother returned to Italy. I was her oldest son. When I was 20 years of age, I returned to the United States with the thought of earning sufficient money to arrange for their return to this country. In 1925, I sent for one sister. In 1926, I sent for my brother. In 1928, when my mother and sister made plans to come to this country, her fiancé compelled her to marry him with tactics which amounted to practically kidnapping. This action on the

part of her husband prevented her from coming to this country.

My mother came to this country in 1935. This resulted in my sister being the only member of our family who is in Italy. In 1940, her husband died, leaving my sister with three children. She tried to make arrangements to return to this country, and war was declared, which prevented her return. In 1945, she again tried to come to the United States. When her passport arrangements had been made, she found out that she was deprived of her citizenship because she voted in the election of March 17. 1946. The reason for her voting in this election was because of the actions of the officials in Italy, who notified her that, unless she voted, she would lose her rationing card for food. Mother love compelled my sister to protect her children and vote, although she had no interest in the outcome thereof.

She is now alone in Italy with her three children. The rest of her family will guarantee that she would not be a public charge. Inasmuch as I myself am childless, it would be a culmination of my dreams to make a family with myself, my wife, my sister. and her children. In this, my wife thoroughly agrees.

The committee have decided not to follow the suggestion made in the Department of Justice report, as it did not appear proper to provide for the issuance of an immigration visa in this particular case involving a native-born former citizen of the United States. Therefore, upon the committee's request, Mr. Kennedy, the author of the earlier bill (H. R. 1483), introduced a new bill (H. R. 5299), which, in accordance with several precedents established during this session, provides for the restoration of citizenship. The problem of the immigration of the three children, covered by the original measure, will be solved under the provisions of the existing immigration and naturalization laws. The committee recommend that H. R. 5299 do pass.

O