B-12797, OCTOBER 24, 1940, 20 COMP. GEN. 207

B-12797: Oct 24, 1940

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

1940: I HAVE YOUR LETTER OF OCTOBER 4. 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. ONE WILLIAM FRIEDMAN WAS EMPLOYED IN THE PUBLIC BUILDINGS ADMINISTRATION OF THIS AGENCY. HE WAS APPOINTED AS A GUARD IN THE PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL ON JULY 15. FRIEDMAN WAS APPOINTED TO A CLASSIFIED POSITION AS GUARD. FRIEDMAN WAS BORN IN HUNGARY ON MARCH 17. ONLY RECENTLY DISCOVERED THAT SUCH BELIEF WAS ERRONEOUS. WHICH PROVIDES FOR THE NATURALIZATION OF ALIENS WHO ARE VETERANS OF THE WORLD WAR. FRIEDMAN WAS NATURALIZED BY THE AFORESAID COURT ON SEPTEMBER 3.

B-12797, OCTOBER 24, 1940, 20 COMP. GEN. 207

ALIENS - EMPLOYMENT - STATUTORY PROHIBITION AN ALIEN VETERAN OF THE WORLD WAR IN THE FEDERAL SERVICE ON DATE OF APPROVAL OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1941, WHO, ALTHOUGH ELIGIBLE FOR CITIZENSHIP UNDER SPECIAL STATUTORY PROVISIONS RELATING TO VETERANS, HAD NOT TAKEN ANY AFFIRMATIVE ACTION TO BECOME A CITIZEN ON OR BEFORE SAID DATE, MAY NOT BE REGARDED AS HAVING FILED A "DECLARATION OF INTENTION TO BECOME A CITIZEN" WITHIN THE MEANING OF THE CITIZENSHIP PROVISION OF THE ACT AND, HENCE, MAY NOT BE PAID THEREUNDER ANY PERIOD PRIOR TO HIS ACTUAL NATURALIZATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE FEDERAL WORKS ADMINISTRATOR, OCTOBER 24, 1940:

I HAVE YOUR LETTER OF OCTOBER 4, 1940, AS FOLLOWS:

SECTION 4 OF THE "1INDEPENDENT OFFICES APPROPRIATION ACT, 1941," APPROVED APRIL 18, 1940, PUBLIC, NO. 459, 76TH CONGRESS, PROVIDES:

"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.'

AT THE TIME OF THE PASSAGE OF THIS ACT, ONE WILLIAM FRIEDMAN WAS EMPLOYED IN THE PUBLIC BUILDINGS ADMINISTRATION OF THIS AGENCY. HE WAS APPOINTED AS A GUARD IN THE PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL ON JULY 15, 1931, IN ACCORDANCE WITH THE PROVISIONS OF THE EXECUTIVE ORDER OF MARCH 9, 1925, PROVIDING FOR THE EMPLOYMENT OF RETIRED MILITARY PERSONNEL AS GUARDS. BY THE AUTHORITY OF THE CIVIL SERVICE COMMISSION, MR. FRIEDMAN WAS APPOINTED TO A CLASSIFIED POSITION AS GUARD, CU-3, $1,320 PER ANNUM, AND ENTERED ON THE DUTIES OF THE POSITION ON APRIL 1, 1940. SINCE JULY 1, 1940, MR. FRIEDMAN HAS BEEN AWAY FROM HIS OFFICIAL DUTIES ON SICK AND ANNUAL LEAVE.

MR. FRIEDMAN WAS BORN IN HUNGARY ON MARCH 17, 1878. THROUGH A MISUNDERSTANDING HE CONSIDERED HIMSELF, FOR A NUMBER OF YEARS, A CITIZEN OF THE UNITED STATES, AND ONLY RECENTLY DISCOVERED THAT SUCH BELIEF WAS ERRONEOUS. ON MAY 21, 1940, HE PETITIONED THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FOR NATURALIZATION UNDER THE PROVISIONS OF SECTION 392-B OF TITLE 8 OF THE U.S.C. WHICH PROVIDES FOR THE NATURALIZATION OF ALIENS WHO ARE VETERANS OF THE WORLD WAR. MR. FRIEDMAN WAS NATURALIZED BY THE AFORESAID COURT ON SEPTEMBER 3, 1940.

AS MR. FRIEDMAN WAS NOT A CITIZEN OF THE UNITED STATES ON THE DATE OF THE APPROVAL OF THE AFOREMENTIONED APPROPRIATION ACT AND, ALTHOUGH NOT REQUIRED TO FILE A DECLARATION OF INTENTION BECAUSE OF HIS STATUS AS AN ALIEN VETERAN OF THE WORLD WAR, DID NOT FILE A PETITION FOR NATURALIZATION UNTIL MAY 21, 1940, YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER MR. FRIEDMAN IS ELIGIBLE FOR COMPENSATION FOR THE PERIOD BEGINNING JULY 1, 1940, THE AVAILABLE DATE OF THE 1941 APPROPRIATION, AND ENDING SEPTEMBER 3, 1940, THE DATE ON WHICH HE WAS NATURALIZED.

IN THE EVENT IT IS DETERMINED THAT THE APPROPRIATION APPROVED BY THE ACT OF APRIL 18, 1940, IS NOT AVAILABLE FOR THE PAYMENT OF MR. FRIEDMAN'S SALARY FOR THE PERIOD IN QUESTION, YOUR FURTHER ADVICE WILL BE APPRECIATED AS TO WHETHER MR. FRIEDMAN CAN BE RETURNED TO DUTY AND COMPENSATION IN VIEW OF HIS NATURALIZATION BY THE UNITED STATES DISTRICT COURT ON SEPTEMBER 3, 1940.

WILLIAM FRIEDMAN WAS IN THE SERVICE OF THE UNITED STATES ON APRIL 18, 1940, DATE OF THE APPROVAL OF THE APPROPRIATION ACT FOR THE FISCAL YEAR 1941, QUOTED IN YOUR LETTER, BUT HE HAD NOT ON OR PRIOR TO THAT DATE FILED A DECLARATION OF INTENTION, OR OTHERWISE TAKEN APPROPRIATE STEPS, TO BECOME A CITIZEN. HIS STATUS AS A VETERAN, MAKING HIM ELIGIBLE FOR CITIZENSHIP ON APRIL 18, 1940, UNDER THE TERMS OF SECTION 392 (B), TITLE 8, U.S.C. MAY NOT BE REGARDED AS A DECLARATION OF INTENTION (OR ITS EQUIVALENT) TO BECOME A CITIZEN, AND DID NOT IPSO FACTO BRING HIM WITHIN THE REQUIREMENTS OF THE APPROPRIATION ACT. WHILE THE FILING OF A PETITION FOR NATURALIZATION HAS BEEN REGARDED AS MEETING THE APPROPRIATION RESTRICTION REQUIRING THE FILING OF ,A DECLARATION OF INTENTION TO BECOME A CITIZEN," 17 COMP. GEN. 1104, ALSO, DECISION OF OCTOBER 18, 1940, B- 12628, 20 COMP. GEN. 201, THE FILING OF THE PETITION IN THIS CASE ON MAY 21, 1940, WAS SUBSEQUENT TO THE DATE OF THE APPROVAL OF THE APPROPRIATION ACT INVOLVED AND ALTHOUGH SUCH FILING WAS PRIOR TO THE EFFECTIVE DATE OF THE APPROPRIATION ACT, IT DOES NOT SATISFY THE CONDITIONS OF THE STATUTE. 17 COMP. GEN. 1047; ID. 1104.

ACCORDINGLY, THE APPROPRIATION FOR THE FISCAL YEAR 1941 IS NOT AVAILABLE FOR PAYMENT OF COMPENSATION TO MR. FRIEDMAN FOR THE PERIOD JULY 1 TO SEPTEMBER 2, 1940, INCLUSIVE, BUT IS AVAILABLE FOR PAYMENT OF SALARY TO HIM ON AND AFTER SEPTEMBER 3, 1940, THE DATE OF HIS NATURALIZATION AS A CITIZEN OF THE UNITED STATES. 18 COMP. GEN. 135.