A-95777, JUNE 23, 1938, 17 COMP. GEN. 1104

A-95777: Jun 23, 1938

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WHOSE POST OF DUTY IS IN CONTINENTAL UNITED STATES UNLESS SUCH PERSON IS A CITIZEN OF THE UNITED STATES. " THE FUNDS SO APPROPRIATED TO THE SOCIAL SECURITY BOARD ARE NOT AVAILABLE FOR PAYMENT OF COMPENSATION ON OR AFTER JULY 1. IS AS FOLLOWS: YOUR ADVICE IS SOLICITED ON THE QUESTION WHETHER IT WOULD BE POSSIBLE FOR THE SOCIAL SECURITY BOARD TO RETAIN IN ITS EMPLOY AFTER JUNE 30. GRANGE IS A SUBJECT OF GREAT BRITAIN WHO HAD NOT ON MAY 23. GRANGE WAS APPOINTED ON NOVEMBER 11. IT IS THE INTENTION OF THE BOARD. GRANGE IS ENGAGED ON CERTAIN ACTUARIAL STUDIES FOR WHICH. SO FAR AS WE ARE ADVISED. NO OTHER PERSON IN THE UNITED STATES IS EQUALLY COMPETENT. GRANGE IS WORKING ON COST STUDIES RELATING TO PROPOSED LEGISLATION UPON ONE IMPORTANT BRANCH OF SOCIAL INSURANCE NOT DEALT WITH BY PRESENT LAW.

A-95777, JUNE 23, 1938, 17 COMP. GEN. 1104

APPROPRIATIONS - LIMITATIONS - COMPENSATION OF ALIENS - INDEPENDENT OFFICES APPROPRIATION ACT, 1939 - MARRIAGE OF ALIEN TO NATIVE-BORN AMERICAN PRIOR TO DATE OF ACT, AND FILING OF DECLARATION OF CITIZENSHIP INTENTION PRIOR TO JULY 1, 1938 AS SECTION 5 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939, APPROVED MAY 23, 1938, PROHIBITS THE USE OF THE FUNDS APPROPRIATED BY THE SAID ACT TO PAY "THE COMPENSATION OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES, * * *, WHOSE POST OF DUTY IS IN CONTINENTAL UNITED STATES UNLESS SUCH PERSON IS A CITIZEN OF THE UNITED STATES, OR A PERSON IN THE SERVICE OF THE UNITED STATES ON THE DATE OF THE APPROVAL OF THIS ACT WHO BEING ELIGIBLE FOR CITIZENSHIP HAS FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN OR WHO OWES ALLEGIANCE TO THE UNITED STATES," THE FUNDS SO APPROPRIATED TO THE SOCIAL SECURITY BOARD ARE NOT AVAILABLE FOR PAYMENT OF COMPENSATION ON OR AFTER JULY 1, 1938, FOR THE SERVICES OF A SUBJECT OF GREAT BRITAIN WHO HAD NOT ON MAY 23, 1938, THE DATE OF APPROVAL OF THE ACT, FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN OF THE UNITED STATES, NOTWITHSTANDING THAT HE PLANS TO FILE SUCH DECLARATION PRIOR TO JULY 1, 1938, AND THAT HE MARRIED A NATIVE-BORN AMERICAN CITIZEN PRIOR TO THE DATE OF APPROVAL OF THE ACT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, SOCIAL SECURITY BOARD, JUNE 23, 1938:

YOUR LETTER OF JUNE 18, 1938 (FILE NO. 16:LR), IS AS FOLLOWS:

YOUR ADVICE IS SOLICITED ON THE QUESTION WHETHER IT WOULD BE POSSIBLE FOR THE SOCIAL SECURITY BOARD TO RETAIN IN ITS EMPLOY AFTER JUNE 30, 1938, AND TO PAY A SALARY TO MR. GEORGE W. K. GRANGE. MR. GRANGE IS A SUBJECT OF GREAT BRITAIN WHO HAD NOT ON MAY 23, 1938 (THE DATE OF APPROVAL OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939) FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN OF THE UNITED STATES, BUT WHO PLANS TO FILE SUCH A DECLARATION PRIOR TO JULY 1, 1938.

MR. GRANGE WAS APPOINTED ON NOVEMBER 11, 1937, TO THE POSITION OF SENIOR ACTUARIAL MATHEMATICIAN, OFFICE OF THE ACTUARY, SOCIAL SECURITY BOARD, FOR A TEMPORARY PERIOD WHICH HAS BEEN EXTENDED TO AUGUST 11, 1938. IT IS THE INTENTION OF THE BOARD, IF LEGALLY POSSIBLE, TO EXTEND AGAIN HIS APPOINTMENT FOR A FURTHER TERM FOR AT LEAST THREE MONTHS. MR. GRANGE IS ENGAGED ON CERTAIN ACTUARIAL STUDIES FOR WHICH, SO FAR AS WE ARE ADVISED, NO OTHER PERSON IN THE UNITED STATES IS EQUALLY COMPETENT--- SOME STUDIES OF THE HIGHEST IMPORTANCE TO THE SOCIAL SECURITY BOARD IN THE PERFORMANCE OF ITS FUNCTIONS UNDER SECTION 702 OF THE SOCIAL SECURITY ACT. MR. GRANGE IS WORKING ON COST STUDIES RELATING TO PROPOSED LEGISLATION UPON ONE IMPORTANT BRANCH OF SOCIAL INSURANCE NOT DEALT WITH BY PRESENT LAW.

I SHOULD LIKE TO LEAVE OPEN AT THIS TIME THE QUESTION WHETHER, IF IT IS NOT LEGALLY POSSIBLE TO RETAIN MR. GRANGE ON THE BOARD'S PAY ROLL AFTER JUNE 30, IT WOULD BE POSSIBLE TO MAKE A CONTRACT WITH HIM FOR THE PREPARATION OF A REPORT, UNDER ARRANGEMENTS BY WHICH HE WOULD NOT BE AN "OFFICER OR EMPLOYEE OF THE GOVERNMENT," WITHIN THE MEANING OF SECTION 5 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939. IF SUCH AN ARRANGEMENT WERE MADE IT WOULD NECESSARILY INVOLVE SOME CHANGE INMR. GRANGE'S PRESENT DUTIES AND FUNCTIONS AND WOULD BE LESS SATISFACTORY TO THE BOARD THAN CONTINUING HIM AS AN EMPLOYEE.

THE FACTS OF THE CASE IN REGARD TO MR. GRANGE'S STATUS AS A PROSPECTIVE CITIZEN ARE STATED IN THE ENCLOSED AFFIDAVIT BY HIM. BRIEFLY, THEY ARE AS FOLLOWS:

HE ENTERED THIS COUNTRY LAWFULLY ON SEPTEMBER 5, 1927, AND SHORTLY THEREAFTER ENTERED THE EMPLOY OF THE METROPOLITAN LIFE INSURANCE COMPANY, NEW YORK CITY. AT THAT TIME HE BECAME A LEGAL RESIDENT OF NEW YORK STATE, IN THE SENSE THAT HE DID NOT THEN INTEND (AND HE HAS NEVER SINCE INTENDED) TO RETURN PERMANENTLY TO GREAT BRITAIN. ON SEPTEMBER 1, 1929, HE WAS MARRIED TO A NATIVE-BORN AMERICAN CITIZEN. FOR THE PAST ELEVEN YEARS HE HAS INTENDED TO BECOME, AT SOME TIME, AN AMERICAN CITIZEN, BUT HAS NEVER, UNTIL THE PAST TWO WEEKS, TAKEN ANY STEPS IN THAT DIRECTION.

THERE ARE TWO GROUNDS UPON EITHER ONE OF WHICH IT IS OUR VIEW THAT MR. GRANGE, EVEN AS AN EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES, DOES NOT FALL WITHIN THE PROHIBITION OF SECTION 5 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939.

1. IT IS OUR VIEW THAT THAT ACT DOES NOT APPLY TO A PERSON WHO WAS IN THE SERVICE OF THE UNITED STATES ON MAY 23, 1938, WHO, BEING ELIGIBLE FOR CITIZENSHIP, HAS PRIOR TO JULY 1, 1938, FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN. IN SUPPORT OF THIS VIEW, I CALL YOUR ATTENTION TO THE FOLLOWING POINTS:

(A) THE LANGUAGE OF THE STATUTE IS ENTIRELY OPEN TO THIS INTERPRETATION. WHILE THE PHRASE "ON THE DATE OF THE APPROVAL OF THIS ACT" CLEARLY MODIFIES THE PHRASE "A PERSON IN THE SERVICE OF THE UNITED STATES," IT IS, GRAMMATICALLY, WHOLLY UNCERTAIN WHETHER THE FORMER PHRASE MODIFIES THE PHRASE "HAS FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN.'

(B) THE PROVISION IN QUESTION BEING A PART OF AN ACT NOT BECOMING OPERATIVE UNTIL JULY 1, 1938, IT WOULD SEEM REASONABLE TO SUPPOSE THAT CONGRESS WAS INTERESTED IN THE STATUS OF EMPLOYEES ONLY ON AND AFTER THAT DATE.

WHILE IT MIGHT BE ARGUED THAT CONGRESS INTENDED TO PREVENT EMPLOYEES FROM FILING FICTITIOUS DECLARATIONS OF INTENTION BETWEEN MAY 23, 1938, AND JULY 1, 1938, THE ARGUMENT APPEARS SOMEWHAT UNREALISTIC WHEN IT IS REALIZED THAT THE BILL WHICH BECAME THIS ACT WAS PENDING IN CONGRESS, AND THE PROBABLE ENACTMENT OF THIS PROVISION WAS PUBLIC INFORMATION, FOR A CONSIDERABLE PERIOD PRIOR TO MAY 23. HAD CONGRESS SOUGHT TO ACHIEVE THE OBJECT WHICH THIS ARGUMENT SUGGESTS, CLEARLY IT WOULD HAVE REQUIRED A DECLARATION OF INTENTION TO BE FILED AT LEAST AS EARLY AS THE DATE WHEN THIS PROVISION FIRST APPEARED IN THE BILL.

(C) WITH REFERENCE TO THE SENATE AMENDMENT OF THIS PROVISION, SENATOR GLASS STATED:

"MR. PRESIDENT, THE PURPOSE OF THE AMENDMENT IS TO PROTECT SEVERAL THOUSAND PEOPLE IN THE SERVICE OF THE UNITED STATES WHO ARE NOW EMPLOYED BY THE GOVERNMENT AND WHO HAVE NOT HAD AN OPPORTUNITY TO TAKE OUT CITIZENSHIP PAPERS.' CONG.REC. FEB. 25, 1938, P. 3774.

IT SEEMS CLEAR THAT MR. GRANGE FALLS WITHIN THE GROUP WHOM SENATOR GLASS INTENDED TO PROTECT. IN VIEW OF SENATOR GLASS' POSITION WITH RELATION TO THIS BILL, HIS REMARKS UPON THE FLOOR OF THE SENATE WOULD APPEAR TO BE ADMISSIBLE IN EVIDENCE. DUPLEX CO. V. DEERING, 254 U.S. 443, 474-5.

THE CONFERENCE REPORT ON THE BILL READS, WITH RESPECT TO THIS AMENDMENT, AS FOLLOWS:

"ON AMENDMENT 36, RELATING TO SECTION INSERTED BY THE HOUSE AND AMENDED BY THE SENATE, PROHIBITING THE PAYMENT OF THE COMPENSATION OF OFFICERS OR EMPLOYEES OF THE GOVERNMENT NOT CITIZENS OF THE UNITED STATES: STRIKES OUT THE FOLLOWING EXCEPTIONS INSERTED BY THE SENATE: "OR A PERSON OWING ALLEGIANCE TO THE UNITED STATES OR WHO IS NOW IN THE SERVICE OF THE UNITED STATES" AND INSERTS IN LIEU THEREOF THE FOLLOWING: "OR A PERSON IN THE SERVICE OF THE UNITED STATES ON THE DATE OF THE APPROVAL OF THIS ACT WHO, BEING ELIGIBLE FOR CITIZENSHIP, HAS FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN OR WHO OWES ALLEGIANCE TO THE UNITED STATES.'"CONG.REC. MAR. 7, 1938, P. 3903.

IT IS BELIEVED THAT THE CHANGE MADE IN CONFERENCE WAS NOT INTENDED TO NEGATIVE THE PURPOSE SOUGHT BY SENATOR GLASS TO BE ACHIEVED, BUT MERELY TO LIMIT IT IN SUCH FASHION AS NOT TO COVER PERSONS INELIGIBLE FOR CITIZENSHIP.

(D) H.J.R. 679 (NOT YET, I UNDERSTAND, APPROVED BY THE PRESIDENT) PROVIDES IN SECTION 11 WITH RESPECT TO A SIMILAR LIMITATION, THAT TO BE ELIGIBLE FOR EMPLOYMENT ALIENS MUST "PRIOR TO THE DATE OF ENACTMENT OF THIS JOINT RESOLUTION, (HAVE) FILED A DECLARATION OF INTENTION TO BECOME AN AMERICAN CITIZEN * * *; " AND IN ANOTHER PROVISION REFERS TO ALIENS "WHOSE DECLARATIONS OF INTENTION TO BECOME AMERICAN CITIZENS WERE FILED PRIOR TO THE DATE OF ENACTMENT OF THIS JOINT RESOLUTION * * *.'

THE ADOPTION OF THIS PROVISION WOULD SEEM TO MAKE IT REASONABLY CLEAR THAT WHEN CONGRESS INTENDS TO REQUIRE THE DECLARATION TO BE FILED PRIOR TO THE ENACTMENT OF THE RELEVANT APPROPRIATION ACT, IT FINDS NO DIFFICULTY IN SO PROVIDING IN EXPRESS LANGUAGE. THERE IS AT LEAST STRONG INFERENCE THAT IN THE CASE OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939, CONGRESS DID NOT SO INTEND.

(E) WITH REFERENCE TO YOUR OPINION OF JUNE 2, 1938, A-95291, DEALING WITH SIMILAR LANGUAGE IN SECTION 5 OF THE TREASURY-POST OFFICE APPROPRIATION ACT FOR 1939, I WOULD CALL YOUR ATTENTION TO THESE FACTS: THAT THE POINT WAS NOT RAISED BY THE SUBMISSION; THAT, SO FAR AS WE HAVE BEEN ABLE TO FIND, THERE WAS NO PERTINENT LEGISLATIVE HISTORY IN THAT CASE SIMILAR TO THE STATEMENT OF SENATOR GLASS AND THE REPORT OF THE CONFERENCE REFERRED TO ABOVE; AND THAT THE OPINION WAS RENDERED PRIOR TO THE PASSAGE BY BOTH HOUSES OF CONGRESS OF H.J.R. 679.

2. IN VIEW OF MR. GRANGE'S MARRIAGE TO A NATIVE-BORN AMERICAN CITIZEN, IT APPEARS THAT HE IS IN THE SAME POSITION, WITH RESPECT TO PROSPECTIVE CITIZENSHIP, WHICH HE WOULD OCCUPY HAD HE MORE THAN FIVE YEARS AGO FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN. I ENCLOSE AN OPINION BY OUR ACTING GENERAL COUNSEL, PREMISED UPON THE STATEMENT OF FACTS IN MR. GRANGE'S AFFIDAVIT TO THE EFFECT THAT THIS IS THE LEGAL SITUATION.

IT WOULD APPEAR, THEREFORE, THAT MR. GRANGE IS CLEARLY WITHIN THE GROUP WHOSE EMPLOYMENT STATUS CONGRESS INTENDED TO PROTECT, AND THAT THIS CASE SHOULD BE HELD TO FALL WITHIN THE PURVIEW OF THE SAVING PROVISIONS OF SECTION 5 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939.

AS THE BOARD IS ANXIOUS, IF POSSIBLE, TO AVOID EVEN ANY INTERRUPTION OF MR. GRANGE'S SERVICES, I SHOULD MUCH APPRECIATE YOUR GIVING THIS MATTER AS PROMPT ATTENTION AS YOU MAY FIND POSSIBLE.

SECTION 5 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939, APPROVED MAY 23, 1938, PROVIDES AS FOLLOWS:

NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT OR AUTHORIZED HEREBY TO BE EXPENDED SHALL BE USED TO PAY THE COMPENSATION OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES, OR OF ANY AGENCY THE MAJORITY OF THE STOCK OF WHICH IS OWNED BY THE GOVERNMENT OF THE UNITED STATES, WHOSE POST OF DUTY IS IN CONTINENTAL UNITED STATES UNLESS SUCH PERSON IS A CITIZEN OF THE UNITED STATES, OR A PERSON IN THE SERVICE OF THE UNITED STATES ON THE DATE OF THE APPROVAL OF THIS ACT WHO BEING ELIGIBLE FOR CITIZENSHIP HAS FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN OR WHO OWES ALLEGIANCE TO THE UNITED STATES.

THIS SECTION IS IDENTICAL WITH SECTION 5 OF THE TREASURY-POST OFFICE APPROPRIATION ACT FOR 1939, 52 STAT. 120, EXCEPT THE PROVISO CONSIDERED IN DECISION OF JUNE 2, 1938, A-95291, 17 COMP. GEN. 1047, WHERE IT WAS STATED, IN PART, AS FOLLOWS:

THE EFFECT OF THE QUOTED STATUTORY RESTRICTION ON EXPENDITURE OF FUNDS APPROPRIATED BY THE TREASURY-POST OFFICE DEPARTMENT APPROPRIATION ACT FOR 1939 DATED MARCH 28, 1938, PUBLIC NO. 453, IS TO PROHIBIT THE USE OF SUCH FUNDS ON AND AFTER JULY 1, 1938, AND DURING THE FISCAL YEAR 1939, TO PAY THE SALARIES OF (1) PERSONS IN THE SERVICE OF THE UNITED STATES AT A POST OF DUTY IN THE CONTINENTAL UNITED STATES WHO WERE NOT IN SUCH SERVICE ON MARCH 28, 1938, AND WHO ARE NOT CITIZENS OF THE UNITED STATES ON JULY 1, 1938, OR ON DATE OF APPOINTMENT THEREAFTER, WITH THE EXCEPTION OF THOSE EXEMPTED FROM THE RESTRICTION OF THE PROVISO; AND (2) ALIENS IN THE SERVICE OF THE UNITED STATES AT A POST OF DUTY IN THE CONTINENTAL UNITED STATES ON MARCH 28, 1938, WHO BEING ELIGIBLE FOR CITIZENSHIP HAD NOT FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN ON OR PRIOR TO MARCH 28, 1938, OR WHO DID NOT OWE ALLEGIANCE TO THE UNITED STATES ON MARCH 28, 1938, WITH THE EXCEPTION OF THOSE EXEMPTED FROM THE RESTRICTION BY THE PROVISO. ALIENS IN THE SERVICE IN THE CONTINENTAL UNITED STATES WHO HAD NOT DECLARED THEIR INTENTION TO BECOME CITIZENS ON OR PRIOR TO MARCH 28, 1938, MAY NOT BE EXEMPTED FROM THE RESTRICTION MERELY BY DECLARING THEIR INTENTION TO BECOME A CITIZEN AFTER THAT DATE.

THE PRIMARY PURPOSE OF THE STATUTORY PROVISION IS TO PROHIBIT THE USE OF PUBLIC FUNDS APPROPRIATED BY THE ACT FOR PAYMENT TO ALIENS OF SALARIES AS OFFICERS OR EMPLOYEES OF THE GOVERNMENT OF THE UNITED STATES IN THE CONTINENTAL UNITED STATES. THE TERMS OF THE STATUTE CLASS AS NOT AN ALIEN A "PERSON IN THE SERVICE OF THE UNITED STATES ON THE DATE OF THE APPROVAL OF THIS ACT (MAY 23, 1938) WHO BEING ELIGIBLE FOR CITIZENSHIP HAS FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN.' THE USE OF THE VERB (PAST TENSE) FOLLOWING THE EXPRESSED CONDITION THAT THE PERSON MUST HAVE BEEN IN THE SERVICE OF THE UNITED STATES ON MAY 23, 1938, DENOTES CLEARLY THAT THE OFFICER OR EMPLOYEE MUST HAVE DECLARED HIS INTENTION TO BECOME A CITIZEN ON OR PRIOR TO MAY 23, 1938. IN VIEW OF THE PRIMARY PURPOSE OF THE ACT, SUPRA, THIS OFFICE CANNOT AGREE WITH YOUR SUGGESTED CONSTRUCTION OF THE STATUTE WHICH WOULD PERMIT AN ALIEN TO QUALIFY MERELY BY FILING A DECLARATION TO BECOME A CITIZEN AFTER MAY 23, 1938. NEITHER CAN THIS OFFICE AGREE THAT YOUR SUGGESTED CONSTRUCTION OF THE ACT IS TO BE INFERRED FROM THE MORE EXPRESS LANGUAGE OF SECTION 11 OF H.J.RES. 679, PROVIDING RELIEF FUNDS. ON THE CONTRARY, IF ANY INFERENCE IS TO BE DRAWN FROM THE LANGUAGE USED BY THE CONGRESS IN THAT BILL, IT WOULD BE TO SHOW THAT THE INTENT OF THE CONGRESS WAS TO REQUIRE ALIEN OFFICERS OR EMPLOYEES TO HAVE DECLARED THEIR INTENTION TO BECOME CITIZENS ON OR PRIOR TO THE DATE OF THE APPROVAL OF ANY ACT IN WHICH THE RESTRICTION APPEARS. UNLESS THE LANGUAGE USED IN THE DIFFERENT ACTS IS SO CLEAR AS TO REQUIRE DIVERSE CONSTRUCTIONS, IT IS TO BE PRESUMED THE INTENT WAS TO APPLY THE RESTRICTION ON THE USE OF PUBLIC FUNDS UNIFORMLY.

REFERENCE HAS BEEN MADE TO THE OPINION OF THE ACTING GENERAL COUNSEL OF SOCIAL SECURITY BOARD CONCLUDING THAT, BY REASON OF HIS MARRIAGE TO AN AMERICAN CITIZEN PRIOR TO MAY 23, 1938,"MR. GRANGE IS IN THE SAME POSITION, WITH RESPECT TO PROSPECTIVE CITIZENSHIP WHICH HE WOULD NOW OCCUPY HAD HE FILED, MORE THAN 5 YEARS AGO, A DECLARATION OF INTENTION TO BECOME A CITIZEN.' IT IS NOT WITHIN THE PROVINCE OF THIS OFFICE TO DETERMINE THE RIGHT OF MR. GRANGE TO NATURALIZATION WITHOUT DECLARING HIS INTENTION TO BECOME A CITIZEN, BUT HOWEVER THAT MAY BE, HIS MARRIAGE TO AN AMERICAN CITIZEN WAS NOT A DECLARATION TO BECOME A CITIZEN. ACCORDINGLY, IT IS THE VIEW OF THIS OFFICE THAT HIS MARRIAGE PRIOR TO MAY 23, 1938, DOES NOT QUALIFY HIM TO RECEIVE SALARY AS AN OFFICER OR EMPLOYEE OF THE UNITED STATES ON OR AFTER JULY 1, 1938. YOU ARE ADVISED, THEREFORE, THAT THE APPROPRIATION FOR THE SOCIAL SECURITY BOARD FOR THE FISCAL YEAR 1939 MAY NOT BE USED TO PAY THE SALARY OF MR. GRANGE AS AN OFFICER OR EMPLOYEE OF THE SOCIAL SECURITY BOARD ON OR AFTER JULY 1, 1938.