A-96645, JULY 26, 1938, 18 COMP. GEN. 90

A-96645: Jul 26, 1938

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DETERMINATIONS IT IS NOT WITHIN THE PROVINCE OF THE GENERAL ACCOUNTING OFFICE TO DETERMINE WHETHER AN INDIVIDUAL EMPLOYEE IS OR IS NOT A CITIZEN. IS AS FOLLOWS: SECTION 3 OF THE ACT APPROVED APRIL 77. 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 OFFICER OR EMPLOYEE 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: * * *.'. WHO WAS BORN IN IRELAND. WAS EMPLOYED AS A LABORERAT THE GENERAL DEPOT.

A-96645, JULY 26, 1938, 18 COMP. GEN. 90

APPROPRIATIONS - LIMITATIONS - EMPLOYEE CITIZENSHIP REQUIREMENTS - CITIZENSHIP, ETC., DETERMINATIONS IT IS NOT WITHIN THE PROVINCE OF THE GENERAL ACCOUNTING OFFICE TO DETERMINE WHETHER AN INDIVIDUAL EMPLOYEE IS OR IS NOT A CITIZEN, OR WHETHER IN A PARTICULAR CASE DECLARATION OF INTENTION AND SUBSEQUENT HONORABLE DISCHARGE FROM THE UNITED STATES MILITARY SERVICE CONSTITUTED ON APRIL 27, 1938--- THE DATE OF THE ACT MAKING APPROPRIATIONS FOR THE STATE, JUSTICE, COMMERCE, AND LABOR DEPARTMENTS FOR THE FISCAL YEAR 1939, IN WHICH ONE OF THE SEVERAL APPROPRIATION ACT CITIZENSHIP RESTRICTIONS ON COMPENSATION PAYMENTS APPEARS--- A VALID DECLARATION, OR THAT HE OWED ALLEGIANCE TO THE UNITED STATES WITHIN THE MEANING OF THE SAID ACT, BUT IN THE ABSENCE OF A DECISION BY COMPETENT AUTHORITY THAT THE INDIVIDUAL CONCERNED MET THE STATUTORY REQUIREMENTS, PRIOR TO JULY 1, 1938, AS THERE SET FORTH, SALARY PAYMENT MAY NOT BE MADE DURING THE FISCAL YEAR 1939 UNTIL SUCH TIME AS HE BECOMES A CITIZEN.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, JULY 26, 1938:

YOUR LETTER OF JULY 13, 1938, IS AS FOLLOWS:

SECTION 3 OF THE ACT APPROVED APRIL 77, 1938, PUBLIC, NO. 495, 75TH CONGRESS, MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF STATE, JUSTICE, COMMERCE, AND LABOR FOR THE FISCAL YEAR ENDING JUNE 30, 1939, CONTAINS THE FOLLOWING LANGUAGE:

"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 OFFICER OR EMPLOYEE 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: * * *.'

A QUESTION HAS ARISEN CONCERNING THE APPLICATION OF THE QUOTED SECTION OF THE ACT TO AN EMPLOYEE OF THE LIGHTHOUSE SERVICE OF THIS DEPARTMENT.

MR. MICHAEL LOGHAN, WHO WAS BORN IN IRELAND, WAS EMPLOYED AS A LABORERAT THE GENERAL DEPOT, THIRD DISTRICT, STATEN ISLAND, NEW YORK, FROM DECEMBER 1, 1910, TO OCTOBER 31, 1912; AS FIREMAN FROM NOVEMBER 1, 1912, TO FEBRUARY 28, 1913; AND SINCE MARCH 1, 1913, HAS BEEN EMPLOYED CONTINUOUSLY AS A CHAUFFEUR.

AN INVESTIGATION TO DETERMINE WHETHER MR. LOGHAN'S SEPARATION FROM THE SERVICE WOULD BE NECESSITATED ON JULY 1, 1938, BY THE INHIBITION OF SECTION 3 OF THE ACT, SUPRA, REVEALED THE FOLLOWING FACTS:

MR. LOGHAN EXECUTED A DECLARATION OF INTENTION TO BECOME A CITIZEN OF THE UNITED STATES ON SEPTEMBER 11, 1903, AT LOWELL, MASSACHUSETTS. ENLISTED IN THE UNITED STATES ARMY ON SEPTEMBER 12, 1903, AND SERVED UNTIL SEPTEMBER 12, 1906, WHEN HE WAS HONORABLY DISCHARGED. HE HAS NEVER TAKEN ANY FURTHER FORMAL ACTION TOWARD THE ACQUISITION OF CITIZENSHIP. MR. LOGHAN STATES THAT WHEN HE WAS DISCHARGED FROM THE ARMY HE WAS GIVEN TO UNDERSTAND THAT HE WAS A CITIZEN BY REASON OF HIS DECLARATION OF INTENTION AND HONORABLE DISCHARGE FROM THE ARMY, AND THAT FOR MANY YEARS HE HAS BEEN PERMITTED TO VOTE ON PRESENTATION OF THESE TWO PAPERS. HIS FAILURE TO COMPLETE THE PROCESS NECESSARY TO ACQUIRE CITIZENSHIP WAS BECAUSE OF MISUNDERSTANDING AND MISINFORMATION, AND HE WILL TAKE IMMEDIATE ACTION TO OBTAIN THE FINAL CERTIFICATE OF CITIZENSHIP AS SOON AS POSSIBLE.

THE QUESTION AS TO WHETHER MR. LOGHAN MAY BE RETAINED IN THE SERVICE IN A POST OF DUTY IN CONTINENTAL UNITED STATES AND PAID FROM FUNDS APPROPRIATED BY THE ACT OF APRIL 27, 1938, IS HEREBY SUBMITTED FOR THE FORMAL DECISION OF THE GENERAL ACCOUNTING OFFICE. MR. LOGHAN HAS BEEN PLACED IN A NONPAY STATUS FROM JULY 1, 1938, PENDING RECEIPT OF DECISION, AND THEREFORE IT WILL BE APPRECIATED IF ACTION ON THIS QUESTION MAY BE EXPEDITED.

IT IS NOT WITHIN THE PROVINCE OF THIS OFFICE TO DETERMINE IN THIS OR ANY OTHER CASE WHETHER AN INDIVIDUAL EMPLOYEE IS OR IS NOT A CITIZEN OR WHETHER IN THIS CASE DECLARATION OF INTENTION AND SUBSEQUENT HONORABLE DISCHARGE FROM THE MILITARY SERVICE CONSTITUTED ON APRIL 27, 1938, THE DATE OF THE ACT IN WHICH THE CITIZENSHIP RESTRICTION APPEARS IN THIS INSTANCE, A VALID DECLARATION TO BECOME A CITIZEN OR THAT HE OWED ALLEGIANCE TO THE UNITED STATES. DECISION OF JUNE 23, 1938, A 95777, 17 COMP. GEN. 1104. SEE IN THIS CONNECTION SECTIONS 388 AND 389, TITLE 8, U.S.C.

IN THE ABSENCE OF A DECISION BY COMPETENT AUTHORITY EITHER THAT MR. LOGHAN'S DECLARATION OF INTENTION COUPLED WITH HIS MILITARY SERVICE WAS EQUIVALENT TO A DECLARATION TO BECOME A CITIZEN WHICH REMAINED IN FORCE ON APRIL 27, 1938, OR THAT HE WAS A CITIZEN ON OR PRIOR TO JULY 1, 1938, THE APPROPRIATION RESTRICTION QUOTED IN YOUR LETTER WOULD PRECLUDE PAYMENT TO HIM OF SALARY DURING THE FISCAL YEAR 1939, UNTIL SUCH TIME AS HE BECOMES A CITIZEN.