A-96802, AUGUST 5, 1938, 18 COMP. GEN. 135

A-96802: Aug 5, 1938

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IS AS FOLLOWS: IN ADMINISTERING THE PROVISIONS OF THE RECENTLY ENACTED LAW PROHIBITING THE PAYMENT OF COMPENSATION TO FEDERAL EMPLOYEES WHO ARE ALIENS QUESTION HAS BEEN RAISED AS TO THE STATUS OF CERTAIN EMPLOYEES IN THE POSTAL SERVICE WHO MAY ESTABLISH THEIR CITIZENSHIP UNDER THE PROVISIONS OF 8 U.S.C. 377. IT IS REQUESTED THAT YOU ADVISE THIS DEPARTMENT AT AN EARLY DATE WHETHER EMPLOYEES ESTABLISHING THEIR CITIZENSHIP UNDER THE PROVISIONS OF THIS ACT DURING THE CURRENT FISCAL YEAR MAY BE PAID COMPENSATION FOR SERVICES RENDERED AFTER SUCH CITIZENSHIP HAS BEEN GRANTED. WAS ON THAT DATE OTHERWISE QUALIFIED TO BECOME A CITIZEN OF THE UNITED STATES. THE QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.

A-96802, AUGUST 5, 1938, 18 COMP. GEN. 135

APPROPRIATIONS - LIMITATIONS - EMPLOYEE CITIZENSHIP REQUIREMENTS - CITIZENSHIP, ETC., DETERMINATIONS THE CITIZENSHIP COMPENSATION PAYMENT RESTRICTIONS OF SECTION 5 OF THE TREASURY-POST OFFICE APPROPRIATION ACT FOR 1939, 52 STAT. 148, DO NOT PROHIBIT PAYMENT OF COMPENSATION TO AN EMPLOYEE ON AND AFTER THE DATE HIS CITIZENSHIP HAS BEEN GRANTED OR ESTABLISHED BY COMPETENT AUTHORITY UNDER ANY FEDERAL STATUTE, INCLUDING THE SO-CALLED MISINFORMATION ACT APPEARING AS SECTION 377, TITLE 8, U.S.C. WHICH ELIMINATES, UNDER THE CIRCUMSTANCES THEREIN SET FORTH, THE NECESSITY FOR THE FILING OF A DECLARATION OF INTENTION PRIOR TO THE FILING OF THE PETITION FOR NATURALIZATION. 96645, JULY 26, 1938, 18 COMP. GEN. 90, AMPLIFIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, AUGUST 5, 1938:

YOUR LETTER OF JULY 26, 1938, IS AS FOLLOWS:

IN ADMINISTERING THE PROVISIONS OF THE RECENTLY ENACTED LAW PROHIBITING THE PAYMENT OF COMPENSATION TO FEDERAL EMPLOYEES WHO ARE ALIENS QUESTION HAS BEEN RAISED AS TO THE STATUS OF CERTAIN EMPLOYEES IN THE POSTAL SERVICE WHO MAY ESTABLISH THEIR CITIZENSHIP UNDER THE PROVISIONS OF 8 U.S.C. 377, THE SO-CALLED "MISINFORMATION ACT.'

IT IS REQUESTED THAT YOU ADVISE THIS DEPARTMENT AT AN EARLY DATE WHETHER EMPLOYEES ESTABLISHING THEIR CITIZENSHIP UNDER THE PROVISIONS OF THIS ACT DURING THE CURRENT FISCAL YEAR MAY BE PAID COMPENSATION FOR SERVICES RENDERED AFTER SUCH CITIZENSHIP HAS BEEN GRANTED.

SECTION 377, TITLE 8, U.S.C. AS AMENDED, PROVIDES AS FOLLOWS:

SAME; CERTAIN ALIENS ERRONEOUSLY EXERCISING RIGHTS AND PERFORMING DUTIES OF CITIZENSHIP PRIOR TO JULY 1, 1920. ANY PERSON NOT AN ALIEN ENEMY, WHO RESIDED UNINTERRUPTEDLY WITHIN THE UNITED STATES DURING THE PERIOD OF FIVE YEARS NEXT PRECEDING JULY 1, 1920, AND WAS ON THAT DATE OTHERWISE QUALIFIED TO BECOME A CITIZEN OF THE UNITED STATES, EXCEPT THAT HE HAD NOT MADE A DECLARATION OF INTENTION REQUIRED BY LAW AND WHO DURING OR PRIOR TO THAT TIME, BECAUSE OF MISINFORMATION REGARDING HIS CITIZENSHIP STATUS ERRONEOUSLY EXERCISED THE RIGHTS AND PERFORMED THE DUTIES OF A CITIZEN OF THE UNITED STATES IN GOOD FAITH, MAY FILE THE PETITION FOR NATURALIZATION PRESCRIBED BY LAW WITHOUT MAKING THE PRELIMINARY DECLARATION OF INTENTION REQUIRED OF OTHER ALIENS, AND UPON SATISFACTORY PROOF TO THE COURT THAT HE HAS SO ACTED MAY BE ADMITTED AS A CITIZEN OF THE UNITED STATES UPON COMPLYING IN ALL RESPECTS WITH THE OTHER REQUIREMENTS OF THE NATURALIZATION LAW (JUNE 29, 1906, C. 3592, SEC. 4 (10); MAY 9, 1918, C. 69, SEC. 1, 40 STAT. 545, AS AMENDED MAY 25, 1932, C. 203, SEC. 10, 47 STAT. 166).

THE CITIZENSHIP RESTRICTIVE PROVISION APPEARING IN THE TREASURY-POST OFFICE DEPARTMENT APPROPRIATION ACT FOR THE FISCAL YEAR 1939, 52 STAT. 148, DOES NOT PROHIBIT PAYMENT OF COMPENSATION TO AN EMPLOYEE ON AND AFTER THE DATE HIS CITIZENSHIP HAS BEEN GRANTED OR ESTABLISHED BY COMPETENT AUTHORITY UNDER ANY FEDERAL STATUTE, INCLUDING THE QUOTED STATUTE. SEE DECISION OF JULY 26, 1938, A-96645, 18 COMP. GEN. 90. THE QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.