Speech #820254336

It Is proposed to strike out all after the enacting clause and insert the following: That the following provisions shall be in effect between the date of approval of this act and December 31. 1955. notwithstanding the provisions of section 301 (d) of the Nationality Act of 1940 and section 310 (d) of the Immigration and Nationality Act. SEc. 2. Notwithstanding the provisions of section 303 of the Nationality Act of 1940. any person not a citizen. regardless of age. who on or after June 25. 1950. and not later than June 30. 1955. has actively served or actively serves. honorably. in the Armed Forces of the United States for a period or periods totaling not less than 30 days and who. having been lawfully admitted for permanent residence to the United States. ineluding its outlying possessions. shall have been at the time of his entering the Armed Forces within any such areas. may be naturalized upon compliance with all of the requirements of the naturalization laws. except that (1) no declaration of intention. and no period of residence within the United States or any State shall be required. (2) the petition for naturalization may be filed In any court having naturalization jurisdiction regardless of the residence of the petitioner. and (3) no fee. except that which may be required by State law. shall be charged or collected for making. filing. or docketing the petition for naturalization. or for the final hearing thereon. or for the certificate of naturalization. if issued: Provided. however. That (1) there shall be included in the petition the affidavits of at least two credible witnesses. citizens of the United States. stating that each such witness personally knows the petitioner to be a person of good moral character. attached to the principles of the Constitution of the United States. and well disposed to the good order and happiness of the United States. (2) the service of the petitioner in the Armed Forces of the United States shall be proved by affidavits. forming part of the petition. of at least two citizens of the United States. members of the Armed Forces of the United States of the noncommissioned or warrant officer grade or higher (who may also be the witnesses described in clause 1 of this proviso). or by a duly authenticated copy of the record of the executive or military department having custody of the record of petitioners service. showing that the petitioner is or was during the period hereinbefore described a member serving actively and honorably in such forces and. If separated from such service. that he was not separated under other than honorable conditions. and (3) the petition shall be filed not later than December 31. 1955. Notwithstanding section 334 (c) of the Nationality Act of 1940 or section 336 (c) of the Immigration and Nationality Act. the petitioner may be naturalized immediately if prior to the flung of his petition the petitioner and the witnesses required by the foregoing proviso shall have appeared before and been examined by a representative of the Service. Szc. 3. Any person entitled to naturalization under section 2 of this act. who while serving is not within the jurisdiction of any naturalization court. may be naturalized in accordance with applicable provisions of section 2 without appearing before such court. The petition for naturalization of any such petitioner shall be made and sworn to before. and filed with a representative of the Immigration and Naturalization Service designated by the Attorney General. which representative is hereby authorized to receive such petition. to conduct hearings thereon. to take testimony concerning any matter touching or in any way affecting the admissibility of such petitioner for naturalization. to call witnesses. to administer oaths. including the oath of the petitioner and his witnesses to the petition for naturalization and the oath prescribed by section 335 of the Nationality Act of 1940 or section 337 of the Immigration and Nationality Act. and to grant naturalization. and to issue certificates of naturalization: Provided. That the record of any proceedings hereunder together with a copy of the certificate of naturalization shall be forwarded to and filed by the clerk of a naturalization court in the district designated by the petitioner and made a part of the record of such court. SEc. 4. Any person otherwise qualified for naturalization pursuant to section 2 or 3 of this act (1) who is or has been discharged under other than honorable conditions from the Armed Forces of the United States. or Is discharged therefrom on account of his alienage or (2) who is a conscientious objector who performs or performed no military duty whatever or refused to wear the uniform. shall not be entitled to the benefits of such sections 2 or 3: Provided. That naturalization granted pursuant to section 2 or 3 may be revoked in accordance with section 338 of the Nationality Act or section 340 of the Immigration and Nationality Act if at any time subsequent to naturalization the person is separated from the Armed Forces of the United States under other than honorable conditions. and such grounds for revocation shall be in addition to any other provided by law. The fact that the naturalized person was separated from the service under other than honorable conditions may be proved by a duly authenticated certificate from the executive or military department under which the person was serving at the time of separation and such department shall supply such certification.