Page images

in the American consulate general at Naples, Italy, on July 8, 1946. The information contained in that application indicates that the applicant is identical with the person to whom a passport was issued on June 23, 1925. In the 1946 application the applicant stated that she did not vote in Italy. However, on October 6, 1948 she admitted that she did vote in the elections held in Italy on June 2, 1946. She alleged that she previously denied that she voted in the elections because of her great desire to return to the United States and because she voted in ignorance of the fact that by voting she would lose citizenship in the United States. It is believed that the applicant for passport and registration above referred to is identical with Mrs. Giustina Schiano Lomoriello for whose relief a bill, H. R. 5160, has been introduced.

It is the opinion of the Department that it is inexpedient to enact special legislation restoring nationality of the United States upon a person who lost such citizenship by the performance of any of the acts or the fulfillment of any of the conditions specified in the nationality laws of the United States as acts of expatriation. To do so would accord a special advantage to one individual over many other persons who have lost the nationality of the United States and the merits of whose cases might be comparable or superior to the case of the individual for whom special legislation is sought in the instant case. It may be added, however, that there is pending before the Congress H. R. 2570, a bill to provide for the naturalization of former citizens of the United States who lost United States citizenship by voting in a political election in Italy after October 12, 1943, and before August 7, 1946. Should the bill be enacted it would enable Mrs. Lomoriello to be naturalized by taking prior to 1 year of the date of the enactment before a diplomatic or consular officer abroad the oaths prescribed by section 335 of the Nationality Act of 1940. Sincerely yours,


Assistant Secretary

(For the Secretary of State). Mr. Rooney, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary and urged the enactment of his measure and submitted the following statement:

The circumstances surrounding the need for the introduction of my bill H. R 5160 for the relief of Mis. Giustina Schiano Lomoriello are indeed tragic. Although her husband, Andrea Lomoriello, and seven of her children are now legally in this country residing in my congressional district, she finds her entry to the United States barred as the result of the fact that she voted against the Communists in the elections held in Italy on June 2, 1946. And this. even though she was born in Brooklyn, NY., on September 1, 1907

Mrs. Lomoriello, 41 years of age, is now prostrated in a small town in Italy due to the decision of the American consulate general at Naples, and cannot join her husband and seven children in Brooklyn, the youngest of whom, Maria, is only 16 months of age. I have here with me this morning and would like you to meet the next two children of her brood, the first, Porfirio, whom we call Jimmie, aged 6 years, and his nice little sister, Nancy, who is 12. At their home in Brooklyn are Theressa, aged 14. and Giovanna aged 18 years I also have here with me today her oldest daugher, Mrs. Anna Schiano Moriello, who came to this country about 3 years ago and is now married and the mother of two fine children.

This unusual situation has arisen because of the fact that Mrs. Lomoriello heeded the admonitions of this Government and millions of our citizens to vote against the Communists in the 1946 Italian elections. Subsequently, and on July 8, 1946, she applied for registration as a native-born American citizen and in that application made the statement that she had not voted. She did this because of her great desire to return to the United States with her husband and children, and because she voted in ignorance of the fact that by voting she would lose her American citizenship.

It is indeed ironical that Mrs. Lomoriello's Italian-born husband and Italian-born children are legally in this country while she, a native-born American, is kept out. In a recent letter to her sister, Mrs. Angelina Castagna, who is a fine American citizen and here with me this morning, she writes "Try to bring me home to America. To think that I have had 16 children and only 9 are alive because I could not find food for them here. I hope to God I will be home with all my family soon."

[ocr errors][merged small][merged small]

If ever there was a valid reason for the passage of a private immigration bill for the relief of anyone, it is contained in H. Ř. 5160. Speedy passage of this legislation is the only means to humanely bring together once again this native-born American and her husband and infant children. I might add that her mother and five sisters and five brothers, all of whom reside in Brooklyn, are praying for your favorable consideration of this bill.

Having considered all the facts in this case, the committee is of the opinion that the bill, H. R. 5160, should be enacted, and it accordingly 80 recommend.





JULY 13, 1949.-Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. KEE, from the Committee on Foreign Affairs, submitted the



(To accompany H. R. 5602

The Committee on Foreign Affairs, to whom was referred the bill (H. R. 5602) to strengthen and encourage democratic forces in China by authorizing the Secretary of State to provide for the relief of Chinese students, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The bill herewith reported was written by the committee in an executive session held on July 12, 1949. Its antecedents are two bills, H. R. 5494 and H. R. 5495, introduced on July 5, 1949. In considering these bills the committee decided on extensive amendments. These were embodied into a clean bill introduced by the chairman on instructions from the committee. The committee acted unanimously on this bill on July 13. The problem and the proposed legislation are analyzed below in the following order of topics: The purpose of the bill; the scope of the problem of the Chinese students; and the standards of administration in the proposed program.


The purposes of the bill may be summed up as (a) the concrete objective of helping certain Chinese students through a critical situation, and (6) the broader aim of strengthening and encouraging democracy in China and forces friendly to the United States. These are indicated in the title.

Assistance to Chinese students in the United States.-The immediate purpose of this bill is to authorize the Secretary of State to provide financial assistance to needy Chinese students in the United States. In a letter of July 8, 1949, to the chairman of the Committee on Foreign Affairs, Assistant Secretary of State Ernest A. Gross commented as follows on the need for this aid:

The Department of State agrees that the nature and scope of the emergency needs of Chinese students stranded in the United States warrants Federal assistance to qualified individuals under proper safeguards. The Department believes that policies and procedures could be developed to insure that such Federal assistance would supplement, not replace, private sources of aid. It is understood that assistance authorized

would be awarded on the basis of individual merit and need, and without restriction as to fields of study.

Strengthening democracy.—The immediate purpose of this legislation is a humanitarian one-to provide urgently needed financial assistance to Chinese students in the United States. From the standpoint of the long-range foreign policy of the United States, however, there is an equally compelling reason for assisting these men and women. These students have had an opportunity to observe and experience the democratic way of life. Thus, because of the traditional position of scholar-leadership in Chinese society, they are in a unique position to exert a profound influence on the future course of their country. There is no question but that it is in the interest of the United States to assist these individuals who can play such a vital role in shaping China's future. It is to be emphasized that this assistance can be tendered without any additional charge upon the Treasury. The funds whose appropriation will be authorized are to come out of money already made available in pursuance of Public Law 472, Eightieth Congress, Public Law 793, Eightieth Congress, and Public Law 47, Eighty-first Congress.


The committee examined closely into questions concerning the number of qualified Chinese students in need of assistance, the alternative sources of assistance, and the amount of money necessary for the program envisaged.

The recipients of the proposed aid.-Approximately 4,000 Chinese students are now pursuing courses of study in 480 colleges and universities throughout the United States. These students fall into three main categories, depending on their status at the time they received exit permits from the Chinese Government. The categories and the approximate number of students in each category are

(a) Eighty-three Government-supported students: These were selected for outstanding scholastic ability and were to be maintained entirely at the expense of the Central Government of China (at an estimated cost of $1,800 annually for each student, exclusive of transportation);

(6) Fourteen hundred Government-certified students: These had demonstrated adequate qualifications for foreign study and were to be permitted to purchase up to $1,800 annually in dollar exchange;

(c) Twenty-one hundred private students: These were not officially sponsored by the Chinese Government but had been able to show sufficient financial competence to obtain an exit

permit from the Chinese Ministry of Foreign Affairs. The balance of the students involved, numbering around 400, are those who have undertaken courses of study in this country under the sponsorship of such groups as the American Association of University Women, various service clubs and church organizations, and the like. Because of financial limitations, however, the assistance which these

« PreviousContinue »