ply to the case of any such alien whose petition for naturalization was filed prior to the effective date of this chapter and which is still pending on that date.

(e) Apprehension and removal.

Nothing contained herein shall be taken or construed to interfere with or prevent the apprehension and removal, consistent with law, or any alien enemy at any time prior to the actual naturalization of such alien. (June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 252.)

-NOTE

EXCERPT FROM HOUSE REPT. 1365, 82D CONG., 2D SESS. (1952)

ALIEN ENEMIES

The bill continues the provisions of existing law with reference to the naturalization of alien enemies. However, subsection (e) of section 331 is new, and provides that an alien enemy shall cease to have that status within the meaning of the section, upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities between the United States and the alien's former country have ended. This new provision will permit the processing of petitions for naturalization of alien enemies after hostilities have ceased but before an actual treaty has been ratified.

Recommendation: The Department of Justice comments: "Section 331 of the Act, 8 U.S.C. 1442, relates to procedures for naturalization of alien enemies and refers to determination by proclamation of the President or by Congress of the termination of hostilities. This is permanent legislation not related to any national emergency and in my opinion should not be changed."

8 U.S.C. 1481. Loss oF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN; VOLUNTARY ACTION; BURDEN OF PROOF; PRESUMPTIONS

(a) From and after the effective date of this chapter a person who is a national of the United States whether by birth or naturalization, shall lose his nationality by

(10) departing from or remaining outside of the jurisdiction of the United States in time of war or during a period declared by the President to be a period of national emergency for the purpose of evading or avoiding training and service in the military, air, or naval forces of the United States. For the purposes of this paragraph failure to comply with any provision of any compulsory service laws of the United States shall raise the presumption that the departure from or absence from the United States was for the purpose of evading or avoiding training and service in the military, air, or naval forces of the United States.

-NOTE

EXCERPT FROM HOUSE REPT. 1365, 82D CONG., 2D SESS. (1952)

The tenth act causing loss of nationality is departing from or remaining outside of the United States in time of war or during a proclaimed national emergency for the purpose of evading or avoiding training and service in the military, air, or naval forces. The bill adds a provision that the failure to comply with any provision of any compulsory service laws of the United States shall raise the presumption that the departure from or absence from the United States was for the purpose of evading or avoiding training and service.

Recommendation: The Department of Justice recommends that this statute be repealed:

"Section 349 (a) (10) of the Act, 8 U.S.C. 1481 (a) (10), provides for loss of nationality by a native-born or naturalized citizen who departs from or remains outside the United States at time of war or during a period declared by the President to be a period of national emergency for the purpose of avoiding military service. This provision has been found to be unconstitutional by the Supreme Court in Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963). Therefore, it is obsolete and should be repealed.'

The Department of Defense, apparently unaware of Kennedy v. Mendoza-Martinez, recommended that 8 U.S.C. 1481 be retained in its present form.

[Emphasis supplied.]

Recommendation: The Senate Committee on Agriculture & Forestry recommends:

The provision for reduction of the agricultural commodity setaside (7 U.S.C. 1743 (a) (6)) has only historical significance. The Agricultural Act of 1954 provided for a one-time set-aside of commodities within the inventory of Commodity Credit Corporation. The commodities so set aside were not counted in the computation of carryover for the purpose of determining price support levels. The entire set-aside had been disposed of by April of 1958 so that the provision attached to your letter, as well as all of the other provisions dealing with the set-aside, no longer have any applicability or effect. Since they have no effect, I know of no objection to their repeal nor any reason for repealing them. I do not believe, however, that it would make sense to repeal one of them leaving the rest intact but inapplicable.

The Department of Agriculture concurred with this recommendation in a telephone conversation with the Special Committee staff.

7 U.S.C. 1903. LIMITATIONS ON GOVERNMENT PROCUREMENT AND PRICE SUPPORT; MODIFICATION DURING NATIONAL EMERGENCY; STATEMENT

OF ELIGIBILITY

The public policy declared in this chapter shall be taken into consideration by all agencies of the Federal Government in connection with all procurement and price support programs and operations and after June 30, 1960, no agency or instrumentality of the United States shall contract for or procure any livestock products produced or processed by any slaughterer or processor which in any of its plants or in any plants of any slaughterer or processor with which it is affiliated slaughters or handles in connection with slaughter livestock by any methods other than methods designated and approved by the Secretary of Agriculture (hereinafter referred to as the Secretary) pursuant to section 1904 of this title: Provided, That during the period of any national emergency declared by the President or the Congress, the limitations on procurement required by this section may be modified by the President to the extent determined by him to be necessary to meet essential procurement needs during such emergency. For the purposes of this section a slaughterer or processor shall be deemed to be affiliated with another slaughterer or processor if it controls, is controlled by, or is under common control with, such other slaughterer or processor. After June 30, 1960, each supplier from which any livestock products are procured by any agency of the Federal Government shall be required by such agency to make such statement of eligibility under this section to supply such livestock products as, if false, will subject the maker thereof to prosecution, section 287 of Title 18. (Pub. L. 85-765, § 3, Aug. 27, 1958, 72 Stat. 862.)

Recommendation: The Department of Agriculture recommends retaining this statute for use in time of future emergency. The Senate Committee on Agriculture & Forestry, however, regards this statute as "essential to the regular functioning of the government's * * * humane slaughter programs."

[Emphasis supplied.]

TITLE 8 ALIENS AND NATIONALITY

8 U.S.C. 1182. EXCLUDABLE ALIENS

(a) General classes.

Except as otherwise provided in this chapter, the following classes of aliens shall be ineligible to receive visas and shall be excluded from admission into the United States:

(22) Aliens who are ineligible to citizenship, except aliens seeking to enter as nonimmigrants; or persons who have departed from or who have remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency, except aliens who were at the time of such departure nonimmigrant aliens and who seek to reenter the United States as nonimmigrants;

Recommendation: The Department of Justice comments:

"1. Title 8 is the Immigration and Nationality Act (the 'Act'). (See p. 82-89, S. Rep. 93-549). Section 212 (a) (22) of the Act, 8 U.S.C. 1182 (a) (22), provides for the exclusion from admission to the United States of aliens who have departed from or who have remained outside the United States to avoid military service in time of war or a period declared by the President to be a national emergency. Section 215 of the Act, 8 U.S.C. 1185, sets forth provisions for travel control of aliens and citizens in time of war or national emergency. Both these provisions constitute permanent legislation not enacted for the purpose of meeting a specific national emergency but rather for the purpose of having a law in existence if and when a national emergency arises. We do not believe that repeal or amendment is justified."

8 U.S.C. 1185. TRAVEL CONTROL OF CITIZENS AND ALIENS DURING WAR OR NATIONAL EMERGENCY

(a) Restriction and prohibitions on aliens.

When the United States is at war or during the existence of any national emergency proclaimed by the President, or, as to aliens, whenever there exists a state of war between or among two or more states, and the President shall find that the interests of the United States require that restrictions and prohibitions in addition to those provided otherwise than by this section be imposed upon the departure of persons from and their entry into the United States, and

[Emphasis supplied.]

(149)

TITLE 10-ARMED FORCES

10 U.S.C. 712. FOREIGN GOVERNMENTS: DETAIL TO ASSIST

(a) Upon the application of the country concerned, the President whenever he considers it in the public interest, may detail members of the Army, Navy, Air Force, and Marine Corps to assist in military matters

(1) any republic in North America, Central America, or South America;

(2) the Republic of Cuba, Haiti, or Santo Domingo; and

(3) during a war or a declared national emergency, any other country that he considers it advisable to assist in the interest of national defense.

(b) Subject to the prior approval of the Secretary of the military department concerned, a member detailed under this section may accept any office from the country to which he is detailed. He is entitled to credit for all service while so detailed, as if serving with the armed forces of the United States. Arrangements may be made by the President, with countries to which such members are detailed to perform functions under this section, for reimbursement to the United States or other sharing of the cost of performing such functions. (Aug. 10, 1956, ch. 1041, 70A Stat. 32; June 30, 1958, Pub. L. 85-477, ch. V, § 502 (k), 72 Stat. 275.)

-NOTE

EXCERPT FROM SENATE REPT. 7, 69TH CONG., 1ST SESS. (1925)

The Committee on Military Affairs, to which was referred the bill (S. 1480) to authorize the President to detail officers and enlisted men of the United States Army, Navy, and Marine Corps to assist the Governments of the Latin American Republics in military and naval matters, has had the same under consideration and recommends that it pass.

A similar provision was favorably reported to the Senate in the Sixty-eighth Congress in the bill S. 1974, providing for sundry matters affecting the Military Establishment (Rept. 195). Referring to this provision, that report said:

The advantages of such authority as is indicated in the proposed section are manifest. The primary consideration is that of the future solidarity of Pan American views and aims which will be brought about by bringing the armies of the Republics of [Emphasis supplied.]