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JGR/Staniszewski, Wladyslaw (1 of 2)
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JGR/Staniszewski, Wladyslaw (1 of 2)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Staniszewski, Wladyslaw
(1 of 2)
Box: 51
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
)
U.S. Department of Justice
Office of the Deputy Attorney General
August 7, 1984
TO:
John Roberts
Associate Counsel to
the President
FROM: Phillip D. Brady
SHH
Associate Deputy Attorney General
Pursuant to your request, please
find attached a short summary of Cor-
poral Staniszewski's immigrant status
at the time of his death and the appli-
cable statutes, a review of previous
legislative enactments conferring
citizenship on individuals who have
served in World War II, Korea and
Vietnam, the draft DOJ report to the
House Judiciary Committee on the pending
legislation (the report was sent to OMB
8/3/84 for clearance) and DOD's report
on Corporal Staniszewski's service
career.
Don't hesitate to ask if I can
provide further assistance in this matter.
WLADYSLAW STANISZEWSKI
Corporal, U. S. Marine Corps
Corporal Wladyslaw Staniszewski, U. S. Marine Corps, was killed in action in
Vietnam on July 7, 1967. He is the beneficiary of H.R. 960 introduced on his
behalf posthumously by Mr. Donnelly on January 26, 1983. The legislation, if
enacted, would hold and consider Corporal Staniszewski to have been a citizen of
the United States at the time of his death.
Corporal Staniszewski was born in Scotland on June 22, 1947 of parents neither of
whom was a U. S. citizen. On December 19, 1964, as a national of Great Britain, he
was lawfully admitted to the United States as an immigrant coming to reside
permanently. He enlisted in the U.S. Marine Corps on June 30, 1966, while still a
national of Great Britain. He arrived in the Republic of Vietnam on April 9, 1967,
and was killed in action on July 7, 1967.
In order for Corporal Staniszewski to be held and considered to be a United States
citizen at the time of his death, private legislation is necessary.
Naturalization is a judicial process. The public laws of the United States do not
provide for posthumous naturalization. Indeed, those laws are specific in their
requirement for a personal petition for naturalization, a personal appearance in
court and a personal taking of the oath of allegiance as part of the process.
These requirements relate to all naturalization applicants. The following sections
of the Immigration and Nationality Act relate:
Section 334 of the Act (8 USC 1445)
Section 335 of the Act (8 USC 1446)
Section 336 of the Act (8 USC 1447)
Section 337 of the Act (8 USC 1448)
Of interest, section 329 of the Act (8 USC 1440) sets forth special provisions for
naturalization eligibility relating to aliens who have served honorably in the
Armed Forces of the U. S. for any length of time during certain defined periods of
hostility. Corporal Staniszewski was killed in action on July 7, 1967. It was not
until October 24, 1968 (82 Stat. 1343) that Congress enacted legislation amending
Section 329 to include Vietnam service during a period beginning February 28, 1961.
Another special section of naturalization law deals with peace-time military
service. Section 328 of the Act (8 USC 1439) bestowed eligibility on one who
served honorably in the Armed Forces of the United States for a period or periods
totaling three years. Corporal Staniszewski was not yet eligible for these special
benefits inasmuch as at the time of his death he had served on active duty in the
U.S. Marine Corps just over 12 months.
Also inapplicable in this instance would have been the general provisions for
naturalization eligibility found in Section 316 of the Act (8 USC 1427) which
requires, among other things, five years of continuous permanent residence in the
United States. At the time of his death Corporal Staniszewski had been a lawful
permanent resident of the United States for just over two and one-half years.
There is ample precedent for the private legislative relief sought for Corporal
Staniszewski. Bills containing identical language have been approved in the past
for those who served during World War II, Korea and Vietnam.
65 STAT.)
A124
PRIVATE LAW 334-OCT. 18, 1951
165 STAT.
considered
undertaking, approved by the Attorney General, in such amount and
his death.
containing such conditions as he may prescribe, to the United States
Approv
and to all States, Territories, counties, towns, municipalities, and
districts thereof holding the United States and all States, Territories,
counties, towns. municipalities, and districts thereof harmless against
Private ]
Nison Miller becoming a public charge.
Approved October 16, 1951.
For the reli
Private Law 334
CHAPTER 514
AN ACT
Be it en
October IF. 1951
United St
(B. R. 990)
To confer jurisdiction on the Court of Claims to bear, determine, adjudicate. and
of the Tn
render judgment on the claim of Preston L Watson, as administrator of the
out of an
goods and chattels, rights, and credits which were of Robert A. Watson,
deceased.
sum of $3
for the n
Be it enacted by the Senate and House of Representatives of the
injury of
Preston L Watson. United States of America in Congress assembled, That the Court of
accident i
Claims of the United States be, and hereby is, given jurisdiction to
of Poinde
hear, determine on the merits, and to render in accordance therewith
1941, and
judgment upon the claim with such interest as the court may determine,
Margaret
of Preston L Watson, as administrator of the goods, chattels, rights,
accident
and credits which were of Robert A. Watson. deceased, against the
Act in ex
United States for alleged loss and damages suffered by Robert A.
or receive
Watson arising out of certain transactions between said Robert A.
in connec
Watson and the Department of Justice of the United States. involving
contract t
the purchase and importation of sugar from the Republic of Argentina
of the pr
in June 1920. and the alleged neglect. refusal. and failure of the
and upon
Department of Justice to provide for the distribution thereof in accord-
$1,000.
ance with the terms of a written agreement between claimant's decedent
Approv
and said Department. Suit upon such claim may be instituted at any
time within six months after the date of enactment of this Act. not-
withstanding the lapse of time, laches, or any statute of limitations.
Private
Proceedings for the determination of such claim, and appeals from,
and payment of, any judgment thereon shall be in the same manner as
in the case of claims over which said court has jurisdiction under
For the It
62 Stat. 940.
section 1491 of title 28 of the United States Code: Provided, That
this Act shall be construed only to waive the defense of lack of author-
ity of the Department of Justice or its officers in making said agree-
Be it ,
ment and the immunity from suit of the Government of the United
United S
States with respect to the claim of Preston L Watson, as administrator
of the T1
of the goods and chattels, rights, and credits which were of Robert A.
in the Tr
Watson, deceased, and not otherwise to effect any substantive rights
Kennedy
of the parties. Enactment of this Act shall not be construed to raise
to pay M
any implication of liability by the United States.
sums sha
Approved October 18, 1951.
for the de
and expe
occurred
CHAPTER 515
a United
crossing
AN ACT
ton, Mas
October 18, 1951
(B. R. 782)
Conferring United States citizenship posthumously upon Biegfried Oberdorfer.
priated i
or delive
Be it enacted by the Senate and House of Representatives of the
services
United States of America in Congress assembled, That Siegfried
be unlaw
Oberdorfer, a soldier in the United States Army, who served honorably
son viola
with the Thirty-fifth Infantry Medical Detachment, and who was
killed in action on Guadalcanal on May 20, 1943, shall be held and
65 STAT.)
PRIVATE LAW 337-OCT. 19, 1951
A125
considered to have been a citizen of the United States at the time of
his death.
Approved October 18, 1951.
Private Law 336
CHAPTER 516
AN ACT
October 18, 1941
For the relief of Mr. and Mrs. Richard G. Adams and legal guardian of Dorothy
(H. R. 4271]
Margaret Adams.
Be it enacted-by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
Mr. and Mrs. Rich-
and G. Adams
of the Treasury be, and he is hereby, authorized and directed to pay,
out of any money in the Treasury not otherwise appropriated, the
sum of $398 to Mr. and Mrs. Richard G. Adams, of Norfolk, Virginia,
for the medical and hospital expenses incurred on account of the
injury of their minor daughter, Dorothy Margaret Adams, in an
accident involving an Army truck, which occurred at the intersection
of Poindexter and D Streets, South Norfolk, Virginia, on January 23,
1941. and the sum of $602 to the legal guardian of said Dorothy
Margaret Adams for the personal injuries sustained by her in said
accident: Provided, That no part of the amounts appropriated in this
Act in excess of 10 per centum thereof shall be paid or delivered to
or received by any agent or attorney on account of services rendered
in connection with these claims. and the same shall be unlawful, any
contract to the contrary notwithstanding. Any person violating any
of the provisions of this Act shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in any sum not exceeding
$1,000.
Approved October 18, 1951.
Private Law 337
CHAPTER 517
AN ACT
October 19. 1951
For the relief of the estate of Nora B. Kennedy. deceased. and Mrs. Ann R.
[H. R. 3430]
Norton.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
Estate of Nors B.
Kennedy.
of the Treasury is authorized and directed to pay, out of any money
in the Treasury not otherwise appropriated, to the estate of Nora B.
Kennedy. late of South Boston, Massachusetts, the sum of $5,000, and
to pay Mrs. Ann R. Norton the sum of $1,500. The payment of such
Mrs. Ann R. Nor.
tom.
sums shall be in full settlement of all claims against the United States
for the death of Nora B. Kennedy, deceased. and for personal injuries
and expenses incident thereto sustained by Mrs. Ann R. Norton which
occurred as a result of an accident during which they were struck by
a United States Army vehicle on December 31, 1944. while they were
erossing D Street near the intersection of Third Street in South Bos-
ton, Massachusetts: Provided, That no part of the amount appro-
priated in this Act in excess of 10 per centum thereof shall be paid
or delivered to or received by any agent or attorney on account of
services rendered in connection with this claim. and the same shall
be unlawful, any contract to the contrary notwithstanding. Any per-
son violating the provisions of this Act shall be deemed guilty of a
08
STAT.]
PRIVATE LAW 254-FEB. 27, 1954
All
Private Law 251
CHAPTER 37
AN ACT
February 27, 1954
For the relief of Amir Hassan Sepahban.
& 236)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That. for the pur-
poses of the Immigration and Nationality Act, Amir Hassan Sepah-
66 State 163.
USC 1101 note.
ban shall be held and considered to have been lawfully admitted to
the United States for permanent residence as of the date of the en-
actment of this Act. upon payment of the required visa fee. Upon the
Quota deduci
tien.
granting of permanent residence to such alien as provided for in this
Act, the Secretary of State shall instruct the proper quota-control
officer to deduct one number from the appropriate quota for the first
year that such quota is available.
Approved February 27, 1954.
CHAPTER 38
AN ACT
February 27, 1954
Conferring United States citizenship posthumously upon Henry Litmanowitz
& 296)
(Litman).
Be it enacted by the Senate and House of Representatives of the
United State* of America in Congrenx assembled, That Henry
Henry Litmano-
wits.
Litmanowitz (Litman), the son of Mr. and Mrs. Morris Litmanowitz
(Litman). of Cleveland. Ohio. who was killed while serving with the
United States Armed Forces in Korea. shall be held and considered
to have been a citizen of the United States At the time of his death.
Approved February 27, 1954.
Private Law 253
CHAPTER 39
AN ACT
February 27, 1954
For the relief of Antonio Vocale.
,s. 305,
Be it enacted by the Senate and House of Representatives of the
United States of America in Congrexx assembled. That, for the pur-
poses of the Immigration and Nationality Act, Antonio Vocale shall
66 State 163.
BUSC 1101 note.
be held and considered to have been lawfully admitted to the United
States for permanent residence as of the date of the enactment of this
Act, upon payment of the required visa fee. Upon the granting of
Quota dodue-
tion.
permanent residence to such alien as provided for in this Act, the
Secretary of State shall instruct the proper quota-control officer to
deduct one number from the appropriate quota for the first year that
such quota is available.
Approved February 27, 1954.
Private Law 254
CHAPTER 40
AN ACT
February 27, 1954
For the relief of Isaac D. Nehama.
(8. 313)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress ossembled, That, for the pur-
poses of the Immigration and Nationality Act, Isaac D. Nehama shall
" State 163.
BUBC 1101 note.
:128
PRIVATE LAW 91-148-AUG. 18, 1970
[84 STAT.
84 STAT.]
PRIV
Private Law 91-148
Private Law 91-152
AN ACT
August 15, 1970
(s. 2863)
For the relief of Mrs. Cumorah Kennington Romney.
For the n
Be it enacted by the Senate and House of Representatives of the
Be it enucted by
Cumorah K.
Rommey.
United States of America in Congress assembled, That, for the pur-
United States of A?
54 Stat. 1139.
poses of section 201 (g) of the Nationality Act of 1940, Mrs. Cumorah
poses of sections 203
Kennington Romney shall be held and considered to have been residing
ality Act, Low Yin
in the United States for a period of five years after attaining the age
sidered to be the nat
of sixteen years.
Low, citizens of the
Approved August 18, 1970.
or brothers or sister
relationship, be acc
Immigration and N:
Approved August
AN ACT
August 18, 1970
(S. 3136
To confer United States citizenship posthumously upon Guy Andre Blanchette.
Private Law 91-153
Be it enacted by the Senate and House of Representatives of the
Guy A.
Bianchette.
United States of America in Congress assembled. That, Guy Andre
Blanchette. a native of Sainte Garard, Quebec, Canada. who served
honorably in the United States Army from May 13. 1965. until his
Re it enacted by
death on August 26. 1969. shall be held and considered to have been a
United States of An
citizen of the [ nited States at the time of his death.
tration of the Immi:
Approved August 16. 1970.
be classified as a chil
:
the Act. upon appro
Hills and Lee Hills.
204 of the Act: Pr
Private Law 91-150
sisters of the benefi
AN ACT
accorded any right,
August 24, 1970
(H. R. 12446
To confer United States citizenship posthumously upon Jose Guadalupe
Nationality Act.
Emparza-Montoya.
Approved August
Be it enacted by the Senate and House of Representatives of the
Jose G.
United States of America in Congress assembled. That Jose Guada-
Esparze-Montoya.
lupe Esparza-Montoya, a native of Mexico, who served honorably in
Private Law 91-15-
the United States Army from August 21, 1968, until his death on
May 20, 1969, shall be held and considered to have been a citizen of the
To confer United:
United States at the time of his death.
Approved August 24, 1970.
Be it enacted by
United States of An
Frank J. Krec, a na
States Marine Cor
AN ACT
March 2, 1968, shall
August 24, 1970
(H. R. 13997)
To confer United States citizenship posthumonaly upon Staff Sergeant Ryuso
United States at the
Somma.
Approved August
Be it enacted by the Senate and House of Representatives of the
8. Bgt. Ryuse
Somma, USA.
United States of America in Congress assembled, That Staff Sergeant
Private Law 91-15
Ryuso Somma (51628652), a native of Japan, who served honorably
in the United States Army from September 19, 1966, until his death
on March & 1969, shall be held and considered to have been a citizen
For ti
of the United States at the time of his death.
Approved August 24, 1970.
Be it enacted by
United States of An
tration of the Imm
UNITED PRESS INTERNATIONAL
THREE YEARS AGO, HIS PARENTS, WHO LIVE IN BROCKTON, MASS.,
APPROACHED DONNELLY ABOUT OBTAINING CITIZENSHIP FOR THEIR SON, WHO
WAS BORN IN SCOTLAND.
STANISZEWSKI NEVER FORMALLY APPLIED FOR CITIZENSHIP BUT ACCORDING
TO HIS PARENTS, HE HAD TALKED ABOUT HOW HE FELT THE UNITED STATES WAS
"WORTH FIGHTING FOR.'
A BILL WAS PREPARED AND EVENTUALLY GRINED 112 SPONSORS BUT IT WAS
STALLED BECAUSE THERE WAS LITTLE PRECEDENT. R SPOKESMAN IN DONNELLY'S
OFFICE SAID ONLY FOUR SIMILIAR CASES WERE FOUND.
THE MEASURE SIMPLY STATES THAT STANISZEWSKI "SHALL BE HELD AND
CONSIDERED TO HAVE BEEN R CITIZEN OF THE UNITED STATES AT THE TIME OF
HIS DEATH.'
R SPOKESMAN FOR DONNELLY SAID PASSAGE OF THE BILL WOULD NOT
ENTITLE STANISZEWSKI'S FAMILY TO ANY ADDITIONAL GOVERNMENT AID.
UPI 08-10-84 #4:38 RED
72-
UNITED PRESS INTERNATIONAL
R W
PM-MARINE SKED 8-11
JUSTICE DEPARTMENT WILL NOT OPPOSE CITIZENSHIP FOR MARINE
BY JOSEPH MIANOMANY
WASHINGTON (UPI) -- A CONGRESSIONAL EFFORT TO GRANT CITIZENSHIP TO
A MARINE KILLED IN VIETNAM IS PAST A MAJOR JUSTICE DEPARTMENT
ROADBLOCK BUT FACES R RACE AGAINST TIME IN THE FEW WEEKS LAWMAKERS
HAVE LEFT THIS SESSION.
THE JUSTICE DEPARTMENT ENDED 14 MONTHS OF STUDY THURSDAY AND SAID
IT HOULD NOT OBJECT TO LEGISLATION TO GRANT CITIZENSHIP POSTHUMOUSLY
TO MARINE CPL. WLADYSLAW "SCOTTY" STANISZEWSKI.
RESIDENT ALIENS WHO SERVE IN THE U.S. ARMED FORCES IN WARTIME
REGULARLY ARE GRANTED CITIZENSHIP WHEN THEY RETURN. HOWEVER, THERE IS
APPARENTLY LITTLE PRECEDENT FOR GRANTING CITIZENSHIP TO THOSE WHO ARE
KILLED IN ACTION.
"IT EXPEDITES THE CITIZENSHIP PROCESS IF YOU MANAGE TO STAY
ALIVE," JUSTICE DEPARTMENT SPOKESMAN THOMAS STEWART SAID THURSDAY.
SPONSORS OF THE BILL TO MAKE STANISZEWSKI A CITIZEN SAID HOUSE
COMMITTEE ACTION HAD BEEN DELAYED PENDING THE JUSTICE DEPARTMENT'S
DETERMINATION IN THE CASE.
HOWEVER, DESPITE THE CLEARANCE GIVEN THURSDAY, BACKERS OF THE
MEASURE SAID THEY FACED SERIOUS PROBLEMS WITH GETTING THE BILL
APPROVED BY THE END OF THE 98TH CONGRESS.
REP. BRIAN DONNELLY, D-MASS., THE BILL'S CHIEF SPONSOR, SAID HE IS
"RELIEVED AND ENCOURAGED" BY THE DEPARTMENT'S ACTION.
BUT, "IT'S UNFORTUNATE THAT THEY HAVE TAKEN SO LONG TO RESPOND TO
THE REQUEST. THEY HAVE LEFT US WITH VERY LITTLE TIME," HE SAID.
CONGRESS IS EXPECTED TO BE IN SESSION FOR ABOUT ONLY ONE MORE
MONTH THIS YEAR.
STANISZEWSKI, A BRITISH CITIZEN WHO CAME TO THE UNITED STATES IN
1964, ENLISTED IN THE MARINES IN 1966. HE WAS KILLED BY SHRAPNEL IN
THE QUANG NAM PROVINCE OF VIETNAM IN 1967, TWO WEEKS AFTER HIS 20TH
BIRTHDAY.
landt
- 22-
August ε, 1984
MEMORANDUM FOR KATHY CAMALIER
STAFF ASSISTANT TC THE
CHIEF OF STAFF
RAH for
FROM:
FRED F. FIELDING Orig. signed by \FFF
COUNSEL TC THE PRESIDENT
SUBJECT:
Wladvslaw Staniszewski
You have asked for information or the case of Corporal
Wladyslaw Staniszewski, a.k.a. Andrew Stanashevsky.
Corporal Wladyslaw Staniszewski, U.S. Marine Corps, was
killed in action in Vietnam or July =, 1967. He is the
proposed beneficiary cf E.R. 960, introduced or his behalf
by Mr. Donnelly or January 2E, 1983. The legislation, if
enacted, would hold and consider Corporal Staniszewski to
have been E citizen of the United States at the time of his
death.
Corporal Staniszewski WES born in Scotland or June 22,
1947 of parents neither of whom was a U.S. citizen. or.
December 19, 1964, as a national of Great Britain, he was
lawfully admitted IC the United States as ar. immigrant
coming to reside permanently. He enlisted in the U.S.
Marine Corps or. June 3C, 1966, while still ¿ national of
Great Britain. He arrived in the Republic of Vietnam or.
April 9, 1967, and was killed in action or. July 7, 1967.
The public laws of the United States âc not provide for
posthumous naturalization. Indeed, those laws are specific
in requiring a personal petition for naturalization, a
personal appearance in court, and a personal taking of the
oath of allegiance as part of the process. Accordingly, in
order for Corporal Stariszewski to be held and considered to
be a United States citizen at the time of his death, private
legislation is necessary.
Had Corporal Staniszewski not been killed in action he would
have been eligible for naturalization upon his honorable
discharge from the Marines, pursuant to 8 U.S.C. $ 1440.
This section provides that aliens who have served honorably
in the Armed Forces of the U.S. for any length of time
during certain defined periods of hostility -- including the
Vietnam conflict -- are eligible for naturalization.
There is ample precedent for the private legislative relief
sought for Corporal Staniszewski. Bills containing identical
language have been approved in the past for those who served
and were killed during World War II, Korea and Vietnam. 7.
draft Department of Justice report or E.R. 960, noting no
objection to its enactment, is awaiting OMB clearance (Tab
A). Also attached is a copy of Corporal Staniszewski's
military service record (Tab B). All of the foregoing
information may be made public in response to inquiries,
except for the draft Justice report (until it is cleared and
sent) and the military service record.
FFF:JGR:aea 8/8/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WAEFINGTON
August 8, 1984
MEMORANDUM FOR KATHY CAMALIER
STAFF ASSISTANT TO THE
CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Wladyslaw Staniszewski
You have asked for information on the case of Corporal
Wladyslaw Staniszewski, a.k.a. Andrew Stanashevsky.
Corporal Wladyslaw Staniszewski, U.S. Marine Corps, was
killed in action in Vietnam on July 7, 1967. He is the
proposed beneficiary of H.R. 960, introduced on his behalf
by Mr. Donnelly on January 26, 1983. The legislation, if
enacted, would hold and consider Corporal Staniszewski to
have been a citizen of the United States at the time of his
death.
Corporal Staniszewski was born in Scotland on June 22,
1947 of parents neither of whom was a U.S. citizen. On
December 19, 1964, as a national of Great Britain, he was
lawfully admitted to the United States as an immigrant
coming to reside permanently. He enlisted in the U.S.
Marine Corps on June 30, 1966, while still a national of
Great Britain. He arrived in the Republic of Vietnam on
April 9, 1967, and was killed in action on July 7, 1967.
The public laws of the United States do not provide for
posthumous naturalization. Indeed, those laws are specific
in requiring a personal petition for naturalization, a
personal appearance in court, and a personal taking of the
oath of allegiance as part of the process. Accordingly, in
order for Corporal Staniszewski to be held and considered to
be a United States citizen at the time of his death, private
legislation is necessary.
Had Corporal Staniszewski not been killed in action he would
have been eligible for naturalization upon his honorable
discharge from the Marines, pursuant to 8 U.S.C. § 1440.
This section provides that aliens who have served honorably
in the Armed Forces of the U.S. for any length of time
during certain defined periods of hostility -- including the
Vietnam conflict -- are eligible for naturalization.
- 2 -
There is ample precedent for the private legislative relief
sought for Corporal Staniszewski. Bills containing identical
language have been approved in the past for those who served
and were killed during World War II, Korea and Vietnam. A
draft Department of Justice report on H.R. 960, noting no
objection to its enactment, is awaiting OMB clearance (Tab
A). Also attached is a copy of Corporal Staniszewski's
military service record (Tab B). All of the foregoing
information may be made public in response to inquiries,
except for the draft Justice report (until it is cleared and
sent) and the military service record.
FFF:JGR:aea 8/8/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 249876
CU
WHITE HOUSE
PRO16-61
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
H INTERNAL
I . INCOMING
Date Correspondence
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Name of Correspondent:
the
Analier
John
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
endrew
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
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Action
Date
of
Date
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Code
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WHolland
ORIGINATOR 84108102
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Referral Note:
WAT18
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Referral Note:
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1-7-
Referral Note:
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Referral Note:
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Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
Into Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R - Direct Reply w/Copy
B - - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F- Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
August 1, 1984
249876
NOTE FOR:
FRED FIELDING
FROM:
KATHY CAMALIER
SUBJECT:
ANDREW STANASHEVSKY
On July 30, 1984, CBS and ABC carried the story of
Corporal Andrew Stanashevsky (I've also seen it spelled
"Staniczewski"). He was a Scottish citizen who lived
in Brockton, Massachusetts, for 18 months before he was
drafted into the U.S. Marine Corps in 1967. He died
in service to the United States in Vietnam that same
year.
Stanashevsky's parents are fighting to get him U.S.
citizenship posthumously. His mother is Scottish and
his father is Polish. According to ABC, if Stanashevsky
had been discharged from the service, instead of dying
for the United States, he would have been automatically
elligible for naturalization. ABC reported that a
Congressional committee has repeatedly put off action
on this.
Our office has received a request from a "general citizen"
for additional information on this. May I/your office
request a "fact sheet" from INS or the appropriate office?
Does the White House or Justice have an opinion on this
matter? Or is it simply before Congress?
What, if anything, can I do to seek additional information
on this? Please advise.
Thanks.
I S. Department of Justice
Office (i) Legislative and Intergovernmental Aftairs
Office of the Assistant Attorney Genera
Washbizton DC 20530
Honorable Peter W. Rodino, Jr.
Chairman
DRAFT
Committee on the Judiciary
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This letter is in response to your request for the views of
the Department of Justice on H.R. 960, a bill "to confer citizen-
ship posthumously on Corporal Wladyslaw Staniszewski. The Depart-
ment has no objection to enactment of this legislation.
H.R. 960 would provide that Wladyslaw Staniszewski who served
honorably with the United States Marine Corps, and who was killed
in action on July 7, 1967, in the Republic of Vietnam, shall be
held and considered to have been a citizen of the United States at
the time of his death.
The Department of the Navy has advised that the deceased was
born on June 22, 1947 in Scotland. He enlisted in the Marine
Corps or June 30, 1966 in Boston, Massachusetts, while still a
national of Great Britain. He arrived in the Republic of Vietnam
on April 9, 1967 and was killed in action on July 7, 1967. At tne
time of his death ne held the rank of corporal. His decorations
and awards include the Vietnam Service Medal with star, the
Vietnam Campaign Medal with device, and the National Defense Ser-
vice Medal.
Our review of H.R. 960 and the above information has led us
to conclude that we have no objection to enactment of this legis-
lation.
The Office of Management and Budget has advised this Depart-
ment that there is no objection to the submission of this report
from the standpoint of the Administration's program.
Sincerely,
ROBERT A. McCONNELL
Assistant Attorney General
cc: Honorable Brian Donnelly
House of Representatives
4 07 95 84
14:46
001
July 25, 1984
TO:
John Logan (633-2078)
Department of Justice
FROM:
Branden Blum (395-3802)
Office of Management and Budget
SUBJECT:
H.R. 960, a bill to confer citizenship posthumously on
Corporal Wladyslaw Staniszewski
Per our discussion, attached is a copy of info provided
by Defense.
HR 960 Fine
,184
EFC TELESOFIEF 495;25- 7-84; 2:51PM
;
202 395 68464
2026334371:# 2
OFFICE OF LEGISLATIVE AFFAIRS
WASHINGTON D. C. 20350-1300
IN REPLY REFER TO
LA-61:mr1
18 JUL 1984
Dear Mr. Blum:
Pursuant to your request for information or. the late Corporal Wladyslaw
Staniszewski, USMC, in connection with H.R. 960, 98th Congress, a bill "To
confer citizenship posthumously on Corporal Wladyslaw Staniazewski," the offices
of Director of Personnel Management Division, Deputy Chief of Staff for
Manpower, Beadquarters United States Marine Corps, were able to provide the
following information:
- Born 22 June 1947 in Scotland.
- Enlisted in the U. S. Marine Corps on 30 June 1966 in Boston, MA, while
still & national of Great Britain. Parente were residing in Boston, MA,
at this time.
- Arrived at Da Nang, Republic of Vietnam, on 9 April 1967.
- Participated in
-- Counterinsurgency operations against Viet Cong on 9 April 1967.
-- Operation Duval in Tinh Quang Nam Province from 19 to 24 May 1967.
-- Operation Arizona in Quang Nam Province from 13 to 22 June 1967.
- Killed in action on 7 July 1967 as a result of multiple shrapnel wounds
received while occupying 8 defensive position in Quang Nam Province.
- Decorations and awards include
-- Vietnam Service Medal with star
-- Vietnam Campaign Medal with device
-- National Defense Service Medal
- Received no derogatory comments on Administrative Remarks page (page 11)
of Service Record Book.
- Received no disciplinary action.
- Proficiency and Conduct Marks averaged 4.4/4.4 on a scale of 5.0/5.0
(3.5/4.0 are required for an honorable discharge).
2:52PM
20263343717# E
(27/25/94
14:47
ONE LRI
NO.013
003
- Promoted to
-- Private First Class on 22 September 1966,
-- Lance Corporal on 16 January 1967.
-- Corporal on 15 May 1967.
Sincerely,
liabh
WILLIAM D. COHEN
Captain, JAGC, U.S. Navy
Director, Legislation
Mr. Brandon Blum
Legislative Attorney
Office of Management and Budget
Room 7220, New Executive Office Building
726 Jackson Place, N. W.
Washington, D. C. 20503
2
THE WHITE HOUSE
WASHINGTON
September 14, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS Q26R
SUBJECT:
Letter in Support of Granting Posthumous
Citizenship to Corporal Wladyslaw "Scotty"
Staniszewski, USMC
Richard W. Johnson, Jr., the Director of Legislative Affairs
of the Non Commissioned Officers Association of the United
States, has written the President in support of the efforts
to confer posthumous citizenship on Corporal Wladyslaw
Staniszewski. You will recall from our previous work on
this subject that Staniszewski, a British subject admitted
to permanent residence, joined the Marines and was killed in
action in Vietnam in 1967. If he had survived his voluntary
military service he would have been eligible for immediate
naturalization under 8 U.S.C. § 1440, but private legislation
is required to confer posthumous citizenship. Such a
private bill, H.R. 960, is pending before the House Judiciary
Committee.
As I noted in my memorandum for you of August 8, there is
considerable precedent for such private legislation. The
Administration position has been communicated to Congress by
the Department of Justice. That Department, in response to
a request from Chairman Rodino for its views, has advised
that the Administration has no objection to the enactment of
H.R. 960. You indicated on the tracking sheet that you
would like to do something other than wait on Congress, if
possible. The grant of citizenship is totally within
Congressional control, however, and the Executive cannot
naturalize individuals without Congressional authorization.
The most we could do is take a more aggressive posture in
support of H.R. 960. Such Administration support for
private legislation would be unusual; indeed, it is unusual
for the Administration not to object to private legislation.
The attached draft reply advises Johnson that the Administration
has no objection to granting Corporal Staniszewski citizenship,
but that for this to be accomplished Congress must act.
Attachment
THE WHITE HOUSE
WASHINGTON
September 14, 1984
Dear Mr. Johnson:
Thank you for your letter to the President concerning
Corporal Wladyslaw Staniszewski. In that letter you noted
that the Non Commissioned Officers Association supported
efforts to grant posthumous citizenship to Corporal
Staniszewski, who died bearing arms for his adopted country.
You also requested that we assist these efforts.
You are correct that had Corporal Staniszewski not been
killed in action he would have been eligible for
naturalization upon his honorable discharge from the
Marines, pursuant to 8 U.S.C. $ 1440. This section provides
that aliens who have served honorably in the Armed Forces of
the U.S. for any length of time during certain defined
periods of hostility -- including the Vietnam conflict ---
are eligible for naturalization.
The public laws of the United States do not provide for
posthumous naturalization. Indeed, those laws are specific
in requiring a personal petition for naturalization, a
personal appearance in court, and a personal taking of the
oath of allegiance as part of the process. Accordingly, in
order for Corporal Staniszewski to be held and considered to
be a United States citizen at the time of his death, private
legislation is necessary.
A private bill, H.R. 960, has been introduced to grant
Corporal Staniszewski United States citizenship. As noted,
such Congressional action is necessary; there is nothing
that the President can do acting alone to grant citizenship.
The Administration has, however, advised Congress through a
formal report of the Department of Justice that it has no
objection to enactment of H.R. 960.
Thank you for sharing your views on this matter with us.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Mr. Richard W. Johnson, Jr.
219 North Washington Street
FFF: JGR:aea 9/14/84
Alexandria, Virginia 22314
Бсс: FFFielding
JGRoberts
Subj
Chron
EDGHT
ID# 235116
THE WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
who her I'd this lite to do the
INCOMING
235116
sometime wat of
DATE RECEIVED: AUGUST 17, 1984
NAME OF CORRESPONDENT: MR. RICHARD W. JOHNSON JR.
we Congress can
them
HU
SUBJECT: WRITES IN SUPPORT OF GRANTING POSTHUMOUS
CITIZENSHIP TO CORPORAL WLADYSLAW "SCOTTY"
STANISZEWSKI, USMC
ACTION
DISPOSITION
ROUTE TO:
ACT
DATE
TYPE C COMPLETED
OFFICE/AGENCY (STAFF NAME)
CODE YY/MM/DD RESP D YY/MM/DD
CI
MARY JO JACOBI
ORG 84/08/17
C 89/08/27
REFERRAL NOTE:
OPL:
RIGGS
A 84/08/27
REFERRAL NOTE:
CI,
A 84708789
/ /
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CUAT18
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584109111
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CODE = A
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*COMPLETED = DATE OF
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(ROOM 75,OEOB) EXT. 2590
KEEP THIS WORKSHEET ATTACHED TO THE ORIGINAL INCOMING
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#235116
NATIONAL CAPITAL OFFICE
NON COMMISSIONED OFFICERS ASSOCIATION of the UNITED STATES OF AMERICA
CERS NON
NOT
STRENGTH IN UNITY
ASSOCIATION
219 North Washington Street
Telephone (703) 549-0311
Alexandria, Virginia 22314
August 16, 1984
President Ronald Reagan
The White House
Washington, D. C. 20500
Dear Mr. President:
The Non Commissioned Officers Association of the United
States of America is pleased to add its voice in support of
granting posthumous citizenship to Corporal Wladyslaw
"Scotty" Staniszewski, United States Marine Corps.
Corporal Staniszewski was killed in action in Quang Nam
Province, Republic of Vietnam, on July 7, 1967. A British
subject, he immigrated to the United States with his parents
(who have since become naturalized citizens) in 1964.
Staniszewski volunteered to serve in the Marine Corps.
Mr. President, had he survived, Corporal Staniszewski would
have been immediately and almost routinely eligible for U.S.
citizenship upon release from the Marine Corps by virtue of
his service in Vietnam. Regretably he did not survive to
achieve his often stated goal. However, since his death,
his parents have tried continuously but unsuccessfully to
achieve this goal for him.
We urge you to assist them in their pursuit of citizenship
for their late son.
Thank you for your consideration of this request.
Sincerely
Richard W Johnson, Jr
Director of Legislative Affairs
International Headquarters
USA
USN
NCO ASSOCIATION
P.O. Box 33610
USAP
USMC
San Antonio, Texas 78233
(512) 653-6161
USCO
THE WHITE HOUSE
WASHINGTON
September 21, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Draft DOJ Report on H.R. 959, and Veterans
Administration Testimony on H.R. 960 and
959, Bills Concerning Posthumous Grants of
Citizenship
OMB has asked for our views on a draft Justice report on
H.R. 959 and draft VA testimony on H.R. 959 and H.R. 960.
You will recall the case of Corporal Wladyslaw Staniszewski,
an alien admitted to permanent residence who died while
serving with the U.S. Marines in Vietnam. Had he survived
and been honorably discharged, he would have been eligible
for immediate naturalization. H.R. 960 is a private bill to
grant Staniszewski posthumous citizenship. The Administration,
through Justice, has already indicated no objection to
H.R. 960.
H.R. 959 is a general bill addressed to the Staniszewski
situation, and would grant posthumous citizenship to aliens
who die while serving in the Armed Forces, upon appropriate
application by a relative. The Justice report supports
H.R. 959, suggesting that it be clarified to indicate that
the grant of citizenship is honorific and carries no legal
consequences. The VA testimony stresses that veteran
benefits do not depend on citizenship but simply veteran
status. I have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
September 21, 1984
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft DOJ Report on H.R. 959, and Veterans
Administration Testimony on H.R. 960 and
959, Bills Concerning Posthumous Grants of
Citizenship
Counsel's Office has reviewed the above-referenced draft
Justice report and Veterans Administration testimony, and
finds no objection to them from a legal perspective.
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O . OUTGOING
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JGR
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
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Name of Correspondent:
James Murr
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Draft DOJ report on H.T R. 959, and Veterans
Administration Jestimony on H. R. 960 and
959, citizenship bills concerning posthumous grants af
ROUTE TO:
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X . Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Unitials of Signer
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Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
SPECIAL
September 20, 1984
LEGISLATIVE REFERRAL MEMORANDUM
5 pager
TO:
LEGISLATIVE LIAISON OFFICER
Department of Justice - Jack Perkins (633-2113) - VA testimony only
Department of State - Cy Alba (632-0430)
Department of Defense - Werner Windus
(697-1305)
Veterans Administration - John Murphy (389-3831) - DOJ report only
SUBJECT: Draft Justice report on H.R. 959, and Veterans
Administration draft testimony on H.R. 960 and
H.R. 959, bills concerning posthumous grants of
citizenship
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than 4:00 p.m. Friday,
September 21, 1984. (Note: a subcommittee of the House
Judiciary Committee has scheduled a hearing for 9/25/84.)
Direct your questions to Branden Blum (395-3454), the legislative
attorney in this office.
James UCM C. Mury for
Assistant Director for
Legislative Reference
Enclosure
CC:
J. Cooney
T. Treacy
B. Pellicci
A. Kessler
F. Fielding
U.S. Department of Justice
Office of Legislative and Intergovernmental Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
Honorable Peter W. Rodino, Jr.
Chairman
Committee on the Judiciary
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This letter is in response to your request for the views of
the Department of Justice on H.R. 959, a bill to amend the
Immigration and Nationality Act to provide that aliens who die
while serving with the United States armed forces during certain
periods of hostilities may be considered to have been citizens of
the United States at the time of such aliens' death. The
Department of Justice has no objection to enactment of this
legislation, provided the status conferred by the legislation is
limited as discussed below.
The bill provides that an alien who dies while serving in
the armed forces of the United States shall, upon approval by the
Attorney General, be considered a citizen of the United States at
the time of the person's death. A request for granting such
posthumous citizenship would be filed on behalf of said person by
a family member or by any other person designated by the Attorney
General as eligible to file. If the request is approved, the
Attorney General would send a suitable document to the person who
filed the request stating "that the United States considers such
person to have been a citizen of the United States at the time of
such person's death. "
It is not clear from the language of the bill whether the
citizenship that would be conferred by the bill would be purely
honorary or if it is intended to have legal consequences. The
Department recommends that the bill be amended to state that the
status conferred does not transfer any tangible benefits or
liabilities to the alien or his family.
While the Department has opposed legislation that would
grant posthumous citizenship, we believe that those individuals
who lose their lives while fighting for the United States should
be considered to have been citizens of the United States at the
time of their death. It is our view that such a compelling
request for citizenship demands a compassionate response.
- 2 -
The Office of Management and Budget has advised this
Department that there is no objection to the submission of this
report from the standpoint of the Administration's program.
Sincerely,
Robert A. McConnell
Assistant Attorney General
Office of Legislative and
Intergovernmental Affairs
ECEIVE
STATEMENT OF DOROTHY L. STARBUCK
R
SEP 2 1984
CHIEF BENEFITS DIRECTOR
4:20 p.m.
DEPARTMENT OF VETERANS BENEFITS
VETERANS ADMINISTRATION
BEFORE THE
SUBCOMMITTEE ON IMMIGRATION, REFUGEES AND INTERNATIONAL LAW
HOUSE COMMITTEE ON THE JUDICIARY
September 25, 1984
Mr. Chairman and Members of the Committee:
I am pleased to be here today on behalf of the Veterans
Administration to discuss H.R. 959 and H.R. 960. Let me
initially address H.R. 960. This proposal provides that
Corporal Wladyslaw Staniszewski, a national of Great Britain,
who was killed in action on July 7, 1967, in Vietnman while
serving in the United States Marine Corps would be held and
considered to have been a citizen of the United States at the
time of his death.
First, let me assure this Committee that the citizenship of
the serviceperson has no bearing whatsoever upon whether that
person is considered a veteran for purposes of entitlement to
benefits under laws administered by the Veterans Administra-
tion. Consequently, any entitlement to benefits by the
survivors of Corporal Staniszewski is not affected by this
proposed legislation. Likewise, had Corporal Staniszewski
survived, he would have been entitled to the same benefits
under VA administered programs as a U.S. citizen. In fact he
would have been a veteran in every respect as that term is
defined by statute at section 101(a) of title 38, United
States Code.
2.
Nevertheless, we can well appreciate the desire of Corporal
Staniszewski's survivors, that in death he should share with
them the citizenship they have freely chosen. No person can
more dearly earn that citizenship than did Corporal Stanis-
zewski. No person can more convincingly declare allegiance
to his or her country. Few persons could more convincingly
inspire others in the practice of good citizenship. For
these reasons we favor enactment of H.R. 960.
Turning now to H.R. 959, this proposal would be of general
application to confer U.S. citizenship posthumously on per-
sons dying while serving with the United States Armed Forces
during certain periods of hostilities. We have nothad the
opportunity to explore general implications of that proposal
on other Agencies or Departments and therefore offer no
position or recommendation. We wish, nevertheless, to
reiterate that citizenship of a member of the Armed Forces
is immaterial insofar as entitlement to benefits under laws
administered by the Veterans Administration based on that
service.
This concludes my formal statement. I will be pleased to
respond to any questions you or other members of the
Committee may have.
September 24, 1984
CONGRESSIONAL RECORD - HOUSE
H 9999
was killed in action in Vietnam 17
We have renewed our efforts to ac-
young man's name that appears on
years ago.
count for those whose fate is un-
the Vietnam Memorial is the only
He was born in Scotland in 1947 and
known. And we have dedicated a na-
name that is not an American citizen
he emigrated to the United States in
tional monument to all who served.
of those 57,000 young men and they
December 1964. He was admitted to
Today, we try to bind up one remain-
feel that he gave his life for his adopt-
this country as a permanent resident
ing wound.
ed country and they feel that he de-
and he had intended to spend the rest
By recognizing Wladyslaw Stanis-
serves the honor of citizenship.
of his life here.
zewski as a citizen, we are not honor-
Mr. MAZZOLI. Mr. Speaker, I think
Less than a year and a half after he
ing him so much as we are honoring
that is very well said.
came to this country, he swore his al-
ourselves and our Nation. We are
One last observation, if I could ask
legiance to the United States of Amer-
saying that his patriotism, his loyalty,
my friend, and that is, the preceden-
ica when he took the oath as a U.S.
his courage, and his full measure of
tial value, if any, or effect of the adop-
marine.
devotion are virtues that we as Ameri-
tion of this legislation today upon that
There is no doubt that he took that
cans want to be associated with.
group of several hundred that the gen-
oath very seriously. When he received
It is an extraordinary step for Con-
tleman himself has sought to sponsor
his orders for Vietnam, he said it
gress to grant citizenship posthumous-
by way of another piece of legislation,
would be treasonous for him to aban-
ly, but there have been precedents.
people who occupy the same role as
don his commitment to this country
Other fallen servicemen from Viet-
Corporal Staniszewski, who had as a
and to the Marine Corps, even though
nam, Korea, and World War II have
permanent resident gone to serve and
he was still a British citizen and could
been recognized in this manner.
were killed, I ask the gentleman the
have left this country easily. He was
Corporal Staniszewski's family has
question, does the adoption of this bill
committed to serving this Nation be-
made it clear they do not seek and
today preclude any action that any
cause he now saw himself as an Ameri-
would not become eligible for any ad-
subcommittee or any future commit-
can.
ditional benefit as a result of this leg-
tee would take on the other pending
Wladyslaw Staniszewski's own words
islation. It will not affect the immigra-
legislation?
speak most eloquently of his belief: "I
tion status or citizenship of any other
Mr. DONNELLY. No; I do not think
want to make my roots here," he said.
individual.
it would. Our research has shown us
"If a country is worth living in, it is
Corporal Staniszewski's cause has
that there are 12 Vietnam-era resident
worth fighting for."
won the support of the Commandant
aliens that were given posthumous
His comrades in the Marine Corps
of the Marine Corps, the major na-
citizenship in 1969, as I recall.
remember him as an inspiration and as
tional veterans organizations, count-
I firmly believe and have filed a bill
a leader. Shortly after his arrival in
less local veterans posts, the Massa-
that is before the gentleman's subcom-
Vietnam he was promoted to corporal.
chusetts legislature, numerous city
mittee that it ought to be an automat-
He was briefly assigned to supply
and town governments, and literally
ic granting of citizenship to any resi-
duty, but he insisted on being reas-
thousands upon thousands of individ-
dent alien who gives his life for this
signed to the front lines because he
uals across this Nation who have writ-
country.
felt it was his duty to fight for his
ten and petitioned Congress to grant
This case by case makes it very diffi-
country.
him citizenship.
cult for the committee and clearly
A man who served with him in Viet-
His parents, Frank and Rosina Stan-
makes it difficult for the family, and
nam recalled recently, "Scotty was a
iszewski, his sister Lorraine, and his
the amount of personal trials and
very patriotic man. He was more patri-
brother Daryl, became naturalized
tribulations they have to go through. I
otic than most Americans were during
American citizens in 1970. His brother
do not think they ought to have that.
the Vietnam war. Scotty was really im-
has just concluded 4 years service in
I would hope that in the next ses-
pressed with the United States. He
the U.S. Navy. Corporal Staniszewski's
sion we would have an opportunity to
knew that one day he would become
family has kept faith with America.
appear before the Commission and
an American citizen. That was his goal
Now let us keep faith with them.
look into this matter so we can make it
in life."
Wladyslaw Staniszewski swore his al-
That life ended abruptly on July 7.
possible for them to have this.
legiance to the United States. he gave
Mr. MAZZOLI. We certainly will.
1967. It was just 2 weeks after he
his life in its service. An American flag
turned 20. While on patrol in Quang
Mr. Speaker, I reserve the balance of
draped his coffin. Let us acknowledge,
Nam Province, Corporal Wladyslaw
finally, that our country and our flag
my time.
Staniszewski was killed by a Vietcong
Mr. KINDNESS. Mr. Speaker, I
are his, too.
hand grenade.
yield myself such time as I may con-
At the time of his death, his parents
1440
sume.
asked the Marines one question they
Mr. MAZZOLI. Mr. Speaker, will the
(Mr. KINDNESS asked and was
knew their son wanted answered: Was
gentleman yield?
given permission to revise and extend
he now considered a U.S. citizen? They
Mr. DONNELLY. I would be happy
his remarks.)
wer told he was not, that he was still
to yield to the gentleman from Ken-
Mr. KINDNESS. Mr. Speaker, I join
legally a citizen of Great Britain.
tucky.
to the extent that any one of us or any
It is a sad irony of our law that an
Mr. MAZZOLI. Mr. Speaker, I appre-
of us together may have to add honor
alien who serves honorably in our
clate the gentleman's statement. It
to the name of Corporal Staniszewski.
Armed Forces during wartime is
was eloquent in behalf of a deserving
I do at the same time take note of
awarded citizenship upon discharge
young man.
the unusual nature of the proceedings.
from the service, but because Scotty
At one point-and let me first apolo-
It has been mentioned here that it is
Staniszewski gave his life while serv-
gize for having pronounced the corpo-
unusual to grant posthumously the
ing the United States, he died a for-
ral's name incorrectly, Staniszewski.
citizenship that would be conferred by
eigner in the eyes of our law.
Is it the gentleman's understanding
H.R. 960, but that is not the matter to
In the 3½ years since this bill was
that the family does not wish and
which I refer.
first introduced, America has taken
would not accept and does not expect
I refer instead to the fact that H.R.
many important steps "to bind up the
any benefits of any sort deriving from
960 was not on the list of suspensions
nation's wounds, to care for him who
his citizenship?
for today and that there was, indeed, a
shall have borne the battle." We have
Mr. DONNELLY. Corporal Stanis-
hearing scheduled in the subcommit-
made an effort to treat the physical
zewski's family, Frank and Rosina
tee for the bill tomorrow.
and psychological wounds of those
Staniszewski, have told me from the
I understand the pressures that
who returned from Vietnam. We have
outset that under no circumstances do
grow at the end of any legislative ses-
honored those who died with 8 state
they want, nor would they accept any
sion. There are many Members of this
funeral for the representative of all
assistance. Their goal in seeking this
House who are concerned with pieces
our war dead, the Unknown Soldier.
posthumous citizenship is so that that
of legislation, some of great moment,
H 10000
CONGRESSIONAL RECORD HOUSE
September 24, 1984
some of lesser moment, that may not
will be, no question about that; but if
I know the chairman was in the same
be dealt with by the end of the session
it will be on this occasion, when will it
position.
unless something extraordinary is
be again?
There is no doubt, however, times
done. Certainly in this case it would
The Committee on the Judiciary has
when Members feel they must go
appear that there is merit for as much
experienced quite a number of times
beyond the committee. This is one and
to be done on an extraordinary basis
during this Congress as well as prior
I salute the gentleman from Massa-
as one could imagine; but I do believe
Congresses the situation in which its
chusetts [Mr. DONNELLY] for having
that it would be fair to allow the Mem-
jurisdiction is avoided and the commit-
successfully brought this to the floor.
bers of the minority to have some ad-
tee does not function to perform that
As someone mentioned, it is helpful to
vance notice of such matters, that is,
which it ought to for the House of
have the Speaker of the House from
those involved in the subcommittee,
Representatives.
the same State as the author of the
and I shall yield to the gentleman
This is such a case in a sense. I do
bill. That certainly does not hurt, and
from California in a short while, but I
not think there is disagreement on the
at times I wish I had the same sup-
would urge that when matters of this
subject matter, but there is disagree-
port.
sort are done on a highly preferential
ment as to not utilizing the procedure
Mr. DONNELLY. Will the gentle-
basis, it is not the subject matter of
of the House of Representatives.
man yield?
the legislation that is involved, but the
If I were the author of H.R. 960, I
Mr. LUNGREN. I will be happy to
courtesy of extending certain notice,
think I would feel the same frustra-
yield to my friend from Massachu-
you know, clearly absolutely certain
tion. I think I would attempt to do the
setts.
notice to the ranking minority
very same sort of thing, get the matter
Mr. DONNELLY. I want to stop the
member of the subcommittee that the
accomplished.
gentleman before he gets in trouble,
matter is to be taken up on the House
I congratulate the gentleman from
saying too many laudatory things
floor.
Massachusetts for his tenacity in get-
about the Speaker from Massachu-
Mr. MAZZOLI. Mr. Speaker, would
ting it done and for having a speaker
setts.
the gentleman yield?
from his State, I suppose, but it is
Mr. LUNGREN. I was just about
Mr. KINDNESS. I yield to the gen-
something that I think we ought to
ready to pause.
tleman.
think about before repeating it in the
Mr. DONNELLY. Let me say clearly
Mr. MAZZOLI. Mr. Speaker, I thank
future.
there is some confusion about how
the gentleman for yielding. I am
Mr. Speaker, I yield such time as he
this legislation was handled. Let me
pleased that the gentleman made that
may consume to the gentleman from
assure the gentleman that I have the
statement, because there was a pauci-
California [Mr. LUNGREN].
ty of notice, and that is an overstate-
(Mr. LUNGREN asked and was given
highest respect for the gentleman
from California [Mr. LUNGREN] and
ment, to tell you the truth, of when
permission to revise and extend his re-
this matter would come up. I heard
the gentleman from Kentucky [Mr.
marks.)
about it when I was home for the
MAZZOLI], and even higher respect for
1450
the committee and the process. There
weekend, but I think it was spawned
Mr. LUNGREN. Mr. Speaker, as the
was a lack of communication and some
by a confluence of events that neither
ranking Republican on the Subcom-
confusion over when this bill was
the gentleman from Ohio nor the gen-
mittee on Immigration, Refugees, and
going to be called. I think it was Just
tleman from Kentucky really had any
control over, but it has been the posi-
International Law, I rise in support of
that it was a good faith confusion, and
H.R. 960. When you realize, going
let me assure the gentleman, and I
tion of the gentleman from Kentucky,
having served with the gentleman
through the material, that we are
want that stated in the RECORD.
from Ohio as well as the gentleman
talking about an individual, or when I
The overwhelming issue today,
from California, to always work colle-
realize we are talking about an individ-
though, is honoring this young man's
gially toward passing good legislation.
ual essentially the same age or born
sacrifice and service to this country. I
Here we have good legislation, but
the same time as I was, going through
have spoken to my friend from Cali-
there was not much collegiality in the
the same things I was going through
fornia about this personally less than
sense of the lead up to it, but I think it
at that time, one who served in Viet-
2 weeks ago, as I recall, and he indicat-
is worthy legislation.
nam while the other was fortunate
ed to me his interest in this legislation.
The gentleman from Massachusetts
enough to remain here in the United
I would just take this opportunity to
has indicated that he sess no prece-
States attending college at the time
say I am sorry for the confusion and
dent in this adoption toward the other
that Corporal Staniszewski was killed,
the process they went through, and I
cases which might be pending.
you have an empathy that goes
was somewhat confused about the
There is an amendment, to be sure,
beyond the normal cases that we have
process when I arrived here this after-
for example, that there is no deriva-
appear before our committee.
noon, too. I think we are all in the
tion under this grant, so all things
I was looking forward to holding the
same boat. But the bottom line is,
considered, while I share the gentle-
hearings with the chairman of the
even though our feathers are a little
man's feeling from a majority stand-
subcommittee on this issue tomorrow.
ruffled on all edges, that we are doing
point as well that notice was not as
It had been scheduled for sometime in
the right thing and the honorable and
good as it has been in the past, it is
the regular process of business. I was
decent thing by passing this legisla-
overlookable I think under the circum-
under the understanding as late as an
tion.
stances.
hour ago that this was not going to be
Mr. LUNGREN. I thank the gentle-
Mr. KINDNESS. Well, I thank the
considered here today, that we were
man for his comments. It does give me
gentleman for his comment and his
going to have the hearing tomorrow
a deal of pleasure to be able to support
contribution to the development of
and proceed to conclude this before we
this bill when we consider the temper
this subject, but I feel that I must add
wrap up the session. This is the reason
of the times surrounding the corpo-
one other point, and it has to do with
that I was absent when this started,
ral's entrance into the Army and his
the way this House operates as an in-
having been officially informed or ac-
service in Vietnam when there were
stitution now and in the years ahead.
tually informed by my office about 3
those who did not so eagerly serve
Our committee system has its flaws
minutes after the gentleman from
their country, when there were those,
and its faults and sometimes it is a dis-
Kentucky stood up.
in fact, that fled from the service of
appointment or a frustration, but it is
So while I very strongly support this
their country, and when in the inter-
a part, an essential part of the effec-
legislation, I just as strongly protest
vening years we made provisions to
tive functioning of the House of Rep-
the procedure under which what I
excuse those under certain circum-
resentatives.
would consider to be normal courtesy
stances who fled the call of duty to
The committee in this case has been
was not extended to the members of
the country. It seems to me alto-
usurped, OK. That probably should be
the subcommittee working on this, cer-
gether proper that we grant citizen-
the will of the House and probably
tainly not to the ranking member, and
ship to one who not being a citizen did
September 24, 1984
CONGRESSIONAL RECORD - HOUSE
H 10001
not have that same obligation but
The purpose of this legislation,
perately wanted to become a U.S. citi-
gave the ultimate sacrifice.
House Resolution 960, is to bestow citi-
zen and volunteered to serve with the
I would also say to the gentleman
zenship posthumonously on Cpl. Wla-
Marine Corps, fully aware of the fact
that I understand his frustration with
dyslaw Staniszewski. who was killed in
that Marines were at that time fight-
the committee process at times. Be-
action while fighting in the Vietnam
ing and dying in Vietnam. He could
lieve me, as a member of the Judiciary
war.
have easily avoided those risks, but he
Committee I understand it as well if
According to the Department of the
chose to demonstrate his fidelity to
not more than the gentleman from
Navy, Corporal Staniszewski was born
our country in a most concrete way-
Massachusetts does.
on June 22, 1947 in Scotland. He emi-
by bearing arms in its service. In 1967.
Perhaps in the next few weeks I can
grated to the United States in January
less than 3 years after coming to our
manifest that frustration more clearly
1965, and on June 30, 1966, he enlisted
shores, Corporal Staniszewski was
to the gentleman and solicit the gen-
in the U.S. Marine Corps; despite the
killed in action in Quan Nam, Viet-
tleman's support in trying to overcome
fact that he was still a British subject.
nam. He died a U.S. Marine but not a
that frustration as we try to proceed
He arrived in the Republic of Vietnam
U.S. citizen; the only U.S. serviceman
with other good legislation. So I salute
on April 9, 1967, and tragically was
to die in Vietnam in that status.
the gentleman for the work he has
killed just 3 months later on July 7,
Today this House can begin the
done on this bill and rise in strong
1967.
process through which posthumous
support of this bill.
Before his untimely death, Corporal
citizenship can be legislatively con-
I would hope that our colleagues
Staniszewski had an exceptionally
ferred on Scotty Staniszewski. In so
would pass this unanimously.
honorable military record. He held the
doing we recognize not only his sacri-
Mr. MAZZOLI. Mr. Speaker, I would
rank of corporal, and had such distin-
fice but the love of country which
just quickly say that the amendment
guished decorations as the Vietnam
prompted it. By his deeds Corporal
to the bill simply adds language to this
Service Medal with Star, the Vietnam
Staniszewski won the right to be called
effect: "Provided, That no benefit
Campaign Medal with Device, and the
an American and it is appropriate that
National Defense Service Medal.
shall thereafter derive to survivors
this country, on whose behalf he died,
Customarily, resident aliens that
under this grant of posthumous citi-
acknowledge that fact. H.R. 960 will
serve in our Armed Forces are granted
zenship."
accomplish that result. I want to com-
citizenship as soon as they are honor-
Mr. FRANK. Mr. Speaker, I am
pliment my colleague from Massachu-
ably discharged from duty. This is
pleased to join with my colleagues
setts Congressman DONNELLY for in-
done in recognition of the service they
today in honoring the memory of Cpl.
troducing the bill, I am pleased to be a
have rendered in upholding the Ameri-
Wladyslaw Staniszewski, truly an
cosponsor of it, and I commend it to
can constitution. Tragically, because
American hero. Wladyslaw "Scotty"
the House.
Corporal Staniszewski lost his life
Staniszewski was born in Scotland in
Mr. Speaker, the Springfield Daily
before being discharged, he remains a
1947. to a Polish father and Scottish
News, on August 15 carried an excel-
resident alien in the eyes of the Immi-
mother. His parents, Frank and
lent editorial on Corporal Stanis-
gration and Naturalization Service.
Rosina Staniszewski, came to this
zewski. I would like to insert that edi-
I join with my colleague, BRIAN DON-
country in 1963, and Scotty joined
torial at this point in the the RECORD.
NELLY, in asking for unanimous sup-
them here in 1964. They settled in
port of House Resolution 960, in order
[From the Springfield Daily News, Aug. 15.
Brockton, MA, with the intention of
1984]
to grant this man U.S. citizenship, a
becoming naturalized American citi-
GRANT MARINE CITIZENSHIP
privilege well deserved and certainly
zens.
earned. Corporal Staniszewski demon-
The bill to grant citizenship posthumously
In 1966 Scotty enlisted in the U.S.
strated his devotion to this Nation by
to Marine Cpl. Wladyslaw Staniszewski
Marine Corps. As he told his mother
the very fact that he enlisted in the
should be passed and signed by the presi-
at the time: "A country worth living in
dent.
U.S. Armed Forces, and fought nobly
is a country worth fighting for." At
Staniszewski's family migrated to Massa-
in the name of freedom and dignity
chusetts from Scotland, and the son could
that point Scotty was not yet a U.S.
for those who did not have such
easily have avoided U.S. military service.
citizen. Normally a resident alien who
rights. In doing so, he gave the great-
Instead, he volunteered, became a Marine
serves in the Armed Forces would re-
est sacrifice he could ever give to a
and would have been eligible for citizenship
ceive his citizenship upon being honor-
country; his life.
when he completed his tour of duty in Viet-
ably discharged. Scotty served honor-
At the very least, this Nation owes
nam. However, he was killed by shrapnel
ably, and achieved the rank of cerpo-
Scotty Staniszewski the gift of citizen-
fire when he was 20. That was 17 years ago.
ral, but he never received the citizen-
ship. In this case, citizenship is not a
His father has been trying to achieve the
ship of the country he loved and
son's wish to be an American citizen. and
gift to be given, but a reward to be be-
fought for. Cpl. Wladyslaw Stanis-
Rep. Brian J. Donnelly. D-Boston, filed such
stowed after being SO honorably
zewski was killed in action on July 7.
a bill in Congress.
earned.
The chairman of the House immigration
1967, in Quang Nam Province.
Mr. BOLAND. Mr. Speaker, I
subcommittee requested the U.S. Justice
Mr. Speaker, surely it is an anomaly
strongly support H.R. 960, which
Department for a letter saying It had no ob-
that Corporal Staniszewski, who gave
would confer citizenship posthumous-
jection to the citizenship petition. For some
his life for this country, should have
ly on U.S. Marine Cpl. Wladyslaw
reason or none, the Justice Department
died a foreigner in the eyes of the law.
"Scotty" Staniszewski, and urge its
waited 14 months before responding that it
It is time this were corrected. I am
adoption by the House.
had no objection.
grateful to my friend and colleague,
For most of us, U.S. citizenship is a
Congress will not go back into session
BRIAN DONNELLY, for pushing this leg-
until after Labor Day, but a hearing on the
gift conferred by birth. It is not some-
Staniszewski bill has been set for the week
islation. Most of all I must congratu-
thing we have to earn and in spite of
of Sept. 9.
late Frank and Rosina Staniszewski
the tremendous benefits which it con-
However, the congressmen want to ad-
for their perseverance and for their
veys, we are rarely called upon to
journ less than a month later to start cam-
patriotism. Surely they epitomize
make a direct effort in its mainte-
paigning, and 80 the bill must make rapid
what is great about this country, a
nance. For some, it becomes some-
progress.
nation built by immigrants. I urge my
thing taken for granted and we tend to
Rep. Edward P. Boland, D-Springfield,
colleagues to support H.R. 960, so that
forget how highly it is prized by mil-
and Rep. Silvio O. Conte, R-Pittsfield, have
a great American will at last be recog-
lions of people in countries all over the
become cosponsors of the bill, and they
nized as such. Thank you.
should begin pushing now for a quick pas-
world.
sage and signing of this bill.
Mr. MOAKLEY. Mr. Speaker, I rise
Scotty Staniszewski was not born an
It would be cruel to make' the Stanis-
before this Chamber today to speak on
American citizen. A native of Poland
zewski family endure more months of red
behalf of legislation before the House
and a national of Great Britain, Cor-
tape.
introduced by my colleague, BRIAN
poral Staniszewski came to the United
The Massachusetts delegation should
DONNELLY.
States with his family in 1963. He des-
make this bill a priority, and make certain
H 10002
CONGRESSIONAL RECORD HOUSE
September 24, 1984
that it passes during the brief session next
GENERAL LEAVE
An epitaph,
month.
Small words to surround and encompass
Mr. MAZZOLI. Mr. Speaker, I ask
The gladsome days I walked complete
Mr. HILLIS. Mr. Speaker, I would
unanimous consent that all Members
among you,
like to take this opportunity to voice
may have 5 legislative days in which to
To sum up the sole of my existence,
my support for H.R. 960-a bill which
revise and extend their remarks on the
For you are mortal yet,
would confer American citizenship on
bill just passed.
And mortals seek to find
the late Cpl. Wladyslaw Staniszewski.
The SPEAKER pro tempore. Is
The logic and the end
It's been 17 years since a piece of
there objections to the request of the
Where none exists
shrapnel killed Corporal Staniszewski
gentleman from Kentucky?
When I am no more,
while he was serving with the U.S. Ma-
There was no objection.
And you seek words to engrave
rines in South Vietnam's Quang Nam
Into living stone
Province. "Scotty," as everyone called
That my transient spirit may
him, had moved with his parents to
TRIBUTE TO THE HONORABLE
Not have passed unsung along the trackless
Brockton, MA, from Scotland when he
ABRAHAM KAZIN, JR.
way,
Recollect how I loved these:
was 17.
(Mr. MAZZOLI asked and was given
"She was a teacher,"
Even though he was a British na-
permission to address the House for 1
For they say all of me that I wish recalled.
tional, he enlisted in the U.S. Marines
minute and to revise and extend his
"She was a teacher,"
just after he turned 19 and was
remarks.)
A part of the roll-call of history,
shipped to Vietnam where he was
Mr. MAZZOLI. Mr. Speaker, I send
One of those who lit the candle
killed in action. He died without his
my congratulations to the Speaker in
From which the torch of civilization sprang.
greatest wish being fulfilled-Ameri-
the chair now. This may be the last
Her kind taught in the streets of ancient
can citizenship.
chance I will have to be on the floor
Greece,
when the gentleman is presiding,
Expounded theory in the halls of mighty
It will take a special act of Congress
through passage of H.R. 960 to grant
though I hope he presides over our im-
Rome,
Set liberty flaming in the hearts of men.
Scotty his wish. His parents, who have
migration bill, which we will be
Vicariously, she has painted masterpieces,
since become citizens, have carried on
coming up later.
Scribed immortal words,
a long fight to see this day and they
But the gentleman has a distin-
Set living music singing
are to be admired for their persever-
guished career in the House and is a
Down the winds of eternity.
ance.
good friend of the gentleman from
At her feet they sat, then mutable
In my view, there is something terri-
Kentucky, a good friend of all Mem-
Before they were leaders of men.
bers of the House on both sides of the
Her words are reflected in the archives of
bly inconsistent and wrong with a
policy which says resident aliens who
aisle, and he will be sorely missed in
government,
survive wartime service in the U.S.
the 99th Congress. I wish him many
In the steeples and pulpits of churches,
military are entitled to citizenship
good years and happiness in the years
In the courts of the world.
Her ideas span chasms, search oceans,
ahead.
upon discharge but those who die for-
Lift mighty rockets into limitless space.
ever remain noncitizens.
The SPEAKER pro tempore. I
Her forgotten kindnesses mend broken lives
thank the gentleman for his kind
On Memorial Day, we make so much
And heal new sorrows.
words and I appreciate his friendship.
Her knowledge moves the fingers of sur-
of our appreciation for those who die
geons
serving the cause of freedom. Isn't it a
And enlivens the tongues of statesmen.
bit hypocritical, then, to refute citizen-
TRIBUTE TO JANE WOOLSEY
Her reason and logic unlock secrets of life
ship to those who died for a country
(Mr. WRIGHT asked and was given
And death, and time, here and hereafter.
they longed to call home?
permission to address the House for 1
Her peace moves within the hearts of
Scotty Staniszewski is an example of
minute and to include extraneous
mighty
a cold bureaucratic policy that fails to
And lowly alike, for she knew no barriers
matter.)
consider the love a man had for this
Too great for love.
Mr. WRIGHT. Mr. Speaker, Jane
Nation-a love so strong that he was
Because she loved
Woolsey was a dear friend of mine.
willing to risk his life for it.
And gave her best to children,
She died last week after a long and de-
The world is a nobler, richer
Scotty's citizenship is what we're
bilitating illness. Diabetes had cost her
Better place for all who live.
voting on today. The sad thing is,
sight, the loss of one hand, and two
there have been others that have de-
amputations. But through this long
This, then, is true immortality:
served our vote, too.
ordeal she was a magnificent inspira-
She passed to children a part of the life-
I'm supporting this individual hu-
tion to everyone who knew her.
force
manitarian action but, beyond that, I
Jane was a teacher. That was the
That directs the current, the streams of hu-
identity she cherished. It was her
manity.
hope the Congress will consider legis-
The total of her existence lies in what they
lation which would automatically
choice in life to teach the physically
become.
confer posthumous citizenship on any
handicapped and the mentally retard-
noncitizen who honorably fought and
ed. That was her labor of love.
Now, having inscribed, erase.
died for this country
Jane Woolsey left me this poem
For from the river of immortality.
Mr. MAZZOLI. Mr. Speaker, I have
which I want to share with all my col-
I stepped inside to teach the voiceless ones,
no further requests for time and yield
leagues, with teachers everywhere,
The retarded children.
back the balance of my time.
and with all who read this RECORD. Mr.
My heart heard the muted sounds
Speaker, I believe they will find it
Of the criers in the wilderness of neglect
Mr. KINDNESS. Mr. Speaker, I
And I answered with all I could be
have no further requests for time, and
both instructive and inspiring.
I reached beyond the injury.
I yield back the balance of my time.
SHE WAS A TEACHER
Beyond the hurt,
The SPEAKER pro tempore. The
(By Jane Butler Woolsey)
And loved the children who could never-
question is on the motion offered by
When I am gone, and over me
grow.
Bright summer grasses tremble,
I shared their little joys
the gentleman from Kentucky [Mr.
MAZZOLI) that the House suspend the
Or winter's frigid tears congeal
And eased their frightful sorrows.
rules and pass the bill, H.R. 960, as
And slide in sad confusion
I guided their stumbling fingers and
amended.
Over the mound where I, sleeping. lie.
Freed their stammering tongues to sing,
And I taught reading and writing and arith-
The question was taken; and (two-
When this weary body shall have put aside
metic,
thirds having voted in favor thereof)
Its boundless joys and endless pains
Incidently: but I taught love and patience
And liès like marble, still and cold,
the rules were supsended and the bill,
And understanding by word and by deed,
Upon Its sandy bed,
Daily.
as amended, was passed.
When I am dead,
A motion to reconsider was laid on
And come no more among you
Do not think I grieve
the table.
You will seek an answer,
For the turning aside,
THE WHITE HOUSE
WASHINGTON
Date: 10/2/84
TO:
Peter Rustharen
FROM:
D. EDWARD WILSON, JR &
Special Assistant to the President
for Administration
FYI
LET'S DISCUSS
COMMENT:
involved in this project I thought
Ainu J understand you are
you might like a all a of the back-
-
ground Ed
H.R.960
Minety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
An Art
To confer citizenship posthumously on Corporal Wladyslaw Staniszewski.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That Corporal
Wladyslaw Staniszewski, a national of Great Britain, who was killed
in action on July 7, 1967, in the Republic of Vietnam while serving
in the United States Marine Corps shall be held and considered to
have been a citizen. of the United States at the time of his death:
Provided, That no benefits shall thereafter derive to survivors.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
H-0998
CONGRESSIONAL RECORD HOUSE
This has been done, Mr. Speaker,
(HR 960) to confer citizenship post-
was made to move this bill extraordi-
and I, therefore, gladly join in support
humously on Cpl. Wladyslaw Stants-
narily from the subcommittee, which
of this measure and urge its adoption.
Zewski, amended
had not yet worked on it, right to the
Mr. HUGHES. Mr. Speaker, as you
The Clerk read as follows:
floor of the House. It is almost an un-
know, H.R. 5782 grants congressional
precedented act. At least certainly It is
consent to an amendment to the Dela-
Be it enacted by the Senate and House of
unusual, if not unprecedented, and at
ware River Basin Compact authorizing
Representatives of the United States of
a given point, when I yield time to the
the Commission to set interest rates
America in Congress assembled, That Cor-
gentleman from Massachusetts, I will
on bonds which it issues. Section 12.9
poral Wladyslaw Staniszewski, a national of
ask him perhaps to comment on
of article 12 of the compact presently
Great Britain, who was killed in action on
whether or not there is any preceden-
limits the interest rate payable on
July 7. 1967, in the Republic of Vietnam
while serving in the United States Marine
tial value or precedential impact of
bonds issued by the Commission to no
Corps shall be held and considered to have
this activity today.
more than 6 percent per year. This
been a citizen of the United States at the
Other legislation, Mr. Speaker. has
provision has made it virtually impos-
time of his death:
been introduced on behalf of others
sible for the Commission to issue
Provided, That no benefits shall thereafter
who, form our inquiry, were in the
bonds in today's competitive financial
derive to survivors.
very same boat as Corporal Stanis-
markets.
The SPEAKER pro tempore. Is a
zewski. For example, some 500 people,
H.R. 5782 is straightforward and
second demanded?
men for the most part, were in various
noncontroversial. The States of Penn-
Mr. KINDNESS. Mr. Speaker, I
periods of their permanent residency
sylvania, New York, Delaware, and
demand a second.
serving for the most part in Vietnam
New Jersey, which are members of the
The SPEAKER pro tempore. With-
and, because of death, were not able to
compact, have already enacted legisla-
out objection, a second will be consid-
complete that period of residency lead-
tion approving the removal of the 6-
ered as ordered.
ing to citizenship. So another area of
percent limit on interest and allowing
There was no objection.
precedent is whether or not this has
the Commission to determine the ap-
The SPEAKER pro tempore. The
any precedence toward that greater
propriate interest rate for bonds
gentleman from Kentucky [Mr. MAZ-
class of people whose names do not
which it issues.
ZOLI] will be recognized for 20 minutes
appear on this piece of legislation.
The Delaware River Basin Commis-
and the gentleman from Ohio [Mr.
We have obtained from the Depart-
sion is presently considering the con-
KINDNESS] will be recognized for 20
ment of Justice of the United States a
struction of several small hydroelec-
minutes.
letter dated August 9 in which the
tric powerplants for which it hopes to
The Chair recognizes the gentleman
Justice Department concludes that it
issue bonds in the near future. Due to
from Kentucky [Mr. MAZZOLI].
has no objection to the enactment of
the energy-producing potential of
Mr. MAZZOLI. Mr. Speaker, I yield
this legislation, and it further advises
small hydroelectric units, the Commis-
myself such time as I may consume.
that the Office of Management and
sion has received strong support for
Mr. Speaker, what we have today is
Budget has advised the Department of
these projects. Indeed, the Federal
the solution of a problem-and I
Justice that it has no objection to the
Energy Regulatory Commission has
might say this is the end of a long,
submission of this report, that is, the
already approved one of the Commis-
tough road and much work, most of
report of the Department of Justice
sion's projects for licensing.
which has been pursued by our friend
with respect to this bill.
Mr. Speaker, I am not aware of any
and colleague, the gentleman from
opposition to this measure. Compan-
Massachusetts [Mr. DONNELLY] on
So to sum up, Mr. Speaker, I person-
behalf of a young man who, while a
ally have only the highest of respect
ion legislation has already been intro-
duced in the Senate. I urge my col-
resident alien of the United States-
for the decedent. He served his adopt-
leagues to adopt H.R. 5782
his home originally was Great Brit-
ed Nation nobly, with valor and honor,
in a cause that led others to seek other
Mr. KASTENMEIER. Mr. Speaker, I
ain-served with honor and valor in
activities than the service of their
have no further requests for time, and
Vietnam, which conflagration took his
life at a time somewhat prior to the
country. It happened that death inter-
I yield back the balance of my time.
vened before he was able to serve out
The SPEAKER pro tempore. The
time that he would have normally
the fullness of his residency. There-
question is on the motion offered by
earned his U.S. citizenship under ex-
the gentleman from Wisconsin [Mr.
isting law.
fore, death intervened before the
KASTENMEIER) that the House suspend
The service of Corporal Staniszewski
young man could earn his citizenship.
the rules and pass the bill, H.R. 5782.
was totally honorable. At no point was
He would have earned it. He was an
The question was taken; and (two-
there anything in his military record
honorable man in service and out of
or private life that would be a stain on
service.
thirds having voted in favor thereof)
the rules were suspended and the bill
the honor of this adopted Nation of
I personally have no objection to
was passed.
his.
this, and I am sure I speak in behalf of
A motion to reconsider was laid on
The amendment to the bill, to which
many of our colleagues on the Judici-
the table.
I think there is no objection by the
ary Committee, if not all. The reason I
sponsor of the bill, the gentleman
cannot speak authoritatively is that
from Massachusetts [Mr. DONNELLY],
we never did have our hearings and we
GENERAL LEAVE
will insure that there can be no pen-
never did have the votes in the sub-
Mr. KASTENMEIER. Mr. Speaker, I
sions or benefits of any sort derived by
committee and the full committee
ask unanimous consent that all Mem-
any of the corporal's surviving rela-
which typically would have occurred
bers may have 5 legislative days in
tives under the terms of this posthu-
by this time in the session.
which to revise and extend their re-
mous citizenship.
At this point, Mr. Speaker. I yield
marks on H.R. 5782, the bill just
There is, however, a certain amount
such time as he might consume to my
passed.
of concern on the part of our commit-
friend, the sponsor of this bill, the
The SPEAKER pro tempore. Is
tee. The matter was scheduled, as
gentleman from Massachusetts [Mr.
there objection to the request of the
Members would know, for a hearing
DONNELLY].
gentleman from Wisconsin?
on tomorrow in our subcommittee, and
Mr. DONNELLY. Mr. Speaker, I
There was no objection.
then, of course, action would be taken
thank the gentleman for yielding this
there and it would be sent to the full
time to me.
committee and then surely it would go
Mr. Speaker, H.R. 960 confers post-
from the full committee to the floor.
humous citizenship on a young man
But for reasons of the need to move
who gave his life in service to the
swiftly, since our session is winding to
United States of America.
Mr. MAZZOLI. Mr. Speaker, I move
a close, and because of the need to
Wladyslaw Staniszewski was a corpo-
to suspend the rules and pass the bill
honor this young man, the decision
ral in the U.S. Marine Corps when he
I
98TH CONGRESS
1ST SESSION
H.R.959
To amend the Immigration and Nationality Act to provide that aliens who die
while serving with the United States armed forces during certain periods of
hostilities may be considered to have been citizens of the United States at
the time of such aliens' deaths.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 1983
Mr. DONNELLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide that
aliens who die while serving with the United States armed
forces during certain periods of hostilities may be considered
to have been citizens of the United States at the time of
such aliens' deaths.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That the Immigration and Nationality Act (8 U.S.C. 1101 et
4 seq.) is amended by inserting after section 329 the following
5 new section:
2
1 "POSTHUMOUS NATURALIZATION THROUGH DEATH
2
WHILE ON ACTIVE-DUTY SERVICE IN THE ARMED
3
FORCES DURING WORLD WAR I, WORLD WAR II, THE
4
KOREAN HOSTILITIES, THE VIETNAM HOSTILITIES,
5
OR IN OTHER PERIODS OF MILITARY HOSTILITIES
6
"SEC. 329A. (a) Notwithstanding any other provision of
7 this title, any person who, while an alien or a noncitizen
8 national of the United States—
9
"(1) served honorably in an active-duty status in
10
the military, air, or naval forces of the United States—
11
"(A) during either World War I or during a
12
period beginning September 1, 1939, and ending
13
December 31, 1946, or during a period beginning
14
June 25, 1950, and ending July 1, 1955, or
15
during a period beginning February 28, 1961, and
16
ending on a date designated by the President by
17
Executive order as the date of termination of the
18
Vietnam hostilities; or
19
"(B) thereafter during any other period
20
which the President by Executive order shall des-
21
ignate as a period in which Armed Forces of the
22
United States are or were engaged in military op-
23
erations involving armed conflict with a hostile
24
foreign force;
HR 959 IH
3
1
"(2) died as a result of injury or disease incurred
2
in or aggravated by such service; and
3
"(3) satisfied the requirements of clause (1) or
4
clause (2) of the first sentence of section 329(a);
5 shall, upon the Attorney General's approval of a request
6 under subsection (b)(2), be considered to have been a citizen
7 of the United States at the time of such person's death. The
8 executive department under which such person so served
9 shall determine whether such person satisfied the require-
10 ments contained in paragraphs (1) and (2).
11
"(b)(1) A request for the granting of posthumous citizen-
12 ship to a person described in subsection (a) may be filed on
13 behalf of such person by any member of such person's family
14 or any other individual designated by the Attorney General
15 as eligible to file such a request.
16
"(2) Any request so filed shall be approved by the At-
17 torney General if-
18
"(A) such request is filed-
19
"(i) not later than five years after the date of
20
the enactment of this section, in the case where
21
such person's death was a result of injury or dis-
22
ease incurred in or aggravated by service during
23
World War I or any other period described in
24
subsection (a)(1)(A); or
HR 959 IH
4
1
"(ii) not later than five years after the date
2
of such person's death, in the case where such
3
death was a result of injury or disease incurred in
4
or aggravated by service during a period described
5
in subsection (a)(1)(B);
6
"(B) such request is accompanied by a duly au-
7
thenticated certification from the executive department
8
under which such person served which states that such
9
person satisfied the requirements contained in para-
10
graphs (1) and (2) of subsection (a); and
11
"(C) the Attorney General finds that such person
12
satisfied the requirement contained in paragraph (3) of
13
subsection (a).
14
"(c) If the Attorney General approves under subsection
15 (b)(2) a request to grant a person posthumous citizenship,
16 then the Attorney General shall send a suitable document to
17 the member of such person's family, or to any other individ-
18 ual, who filed such request which states that the United
19 States considers such person to have been a citizen of the
20 United States at the time of such person's death."
o
HR 959 IH
H.R.959
(CG98) 01/26/83
Rep Donnelly, (Cosp=58)
House Judiciary
ITEM 1 OF 1 IN SET 1
DETAILED STATUS STEPS:
HOUSE ACTIONS
Jan 26, 83 Referred to House Committee on The Judiciary,
Feb 22, 83 Referred to Subcommittee on Immigration, Refusees, and
International Law.
Aus 7, 84 Executive Comment ReQuested from DOD, Justice.
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