A-97335, AUGUST 26, 1938, 18 COMP. GEN. 198

A-97335: Aug 26, 1938

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WHICH HAVE BEEN ADMINISTRATIVELY VERIFIED. ARE PRIOR TO MAY 23. THE EVIDENCE SUBMITTED IS SUFFICIENT TO ESTABLISH THAT HE HAD DECLARED HIS INTENTION TO BECOME A CITIZEN PRIOR TO DATE OF SAID ACT AND IF EMPLOYEE WAS IN THE SERVICE OF THE UNITED STATES ON SAID DATE. IS AS FOLLOWS: SECTION 5. 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. WHO WAS BORN IN GERMANY AND WHO ARRIVED IN NEW YORK ON JULY 22. WAS EMPLOYED BY THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION ON JANUARY 3. AS A PRINCIPAL RESEARCH ASSOCIATE AND IS NOW IN OUR EMPLOY.

A-97335, AUGUST 26, 1938, 18 COMP. GEN. 198

APPROPRIATIONS - LIMITATIONS - EMPLOYEE CITIZENSHIP REQUIREMENTS - EVIDENCE OF COMPLIANCE WHERE EMPLOYEE HAS SUBMITTED "IMMIGRATION DATE" AND DATE OF FILING OF "FIRST PAPERS" AND BOTH OF SUCH DATES, WHICH HAVE BEEN ADMINISTRATIVELY VERIFIED, ARE PRIOR TO MAY 23, 1938, DATE OF INDEPENDENT OFFICES APPROPRIATION ACT, 1939, THE EVIDENCE SUBMITTED IS SUFFICIENT TO ESTABLISH THAT HE HAD DECLARED HIS INTENTION TO BECOME A CITIZEN PRIOR TO DATE OF SAID ACT AND IF EMPLOYEE WAS IN THE SERVICE OF THE UNITED STATES ON SAID DATE, THE CITIZENSHIP RESTRICTION IN THE ACT DOES NOT PROHIBIT PAYMENT TO HIM OF SALARY DURING THE FISCAL YEAR 1939.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE GENERAL MANAGER, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, AUGUST 26, 1938:

YOUR LETTER OF AUGUST 18, 1938, IS AS FOLLOWS:

SECTION 5, PUBLIC NO. 534, 75TH CONGRESS, CHAPTER 259, 3D SESSION, H.R. 8837, MAKING APPROPRIATIONS FOR THE EXECUTIVE OFFICE AND SUNDRY INDEPENDENT EXECUTIVE BUREAUS, BOARDS, COMMISSIONS, AND OFFICES, FOR THE FISCAL YEAR ENDING JUNE 30, 1939, AND FOR OTHER PURPOSES, 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 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.'

A QUESTION HAS ARISEN CONCERNING THE APPLICATION OF THE QUOTED SECTION OF THE ACT TO AN EMPLOYEE OF THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION.

MR. LEON GREBLER, WHO WAS BORN IN GERMANY AND WHO ARRIVED IN NEW YORK ON JULY 22, 1937, WAS EMPLOYED BY THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION ON JANUARY 3, 1938, AS A PRINCIPAL RESEARCH ASSOCIATE AND IS NOW IN OUR EMPLOY.

AS EVIDENCE OF COMPLIANCE WITH THE ABOVE QUOTATION FROM THE ACT, MR. GREBLER SUBMITS THE FOLLOWING INFORMATION WHICH WE HAVE VERIFIED WITH THE SOUTHERN DISTRICT COURT OF NEW YORK BY CORRESPONDENCE ATTACHED.

IMMIGRATION DATE: JULY 22, 1937.

FIRST PAPERS: OCTOBER 5, 1937, SOUTHERN DISTRICT COURT OF NEW YORK, NO. 402090.

WILL YOU ADVISE IF THIS IS SUFFICIENT COMPLIANCE AND IF WE ARE JUSTIFIED, IN VIEW OF THE EVIDENCE SUBMITTED, IN CONTINUING TO PAY HIM FROM FUNDS APPROPRIATED BY THE INDEPENDENT OFFICES APPROPRIATION ACT,1939, APPROVED MAY 23, 1938.

THE EVIDENCE PRESENTED BY MR. GREBLER, WHICH HAS BEEN ADMINISTRATIVELY VERIFIED, IS SUFFICIENT TO ESTABLISH THAT HE HAD DECLARED HIS INTENTION TO BECOME A CITIZEN OF THE UNITED STATES PRIOR TO MAY 23, 1938, DATE OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1939. ACCORDINGLY, ASSUMING HE WAS IN THE SERVICE OF THE UNITED STATES MAY 23, 1938, THE CITIZENSHIP RESTRICTION PROVISION APPEARING IN THAT STATUTE DOES NOT PROHIBIT PAYMENT TO HIM OF SALARY DURING THE FISCAL YEAR 1939. 17 COMP. GEN. 1047; ID. 1104.