Applicability of the Appropriation Act Restrictions on Paying Compensation to Non-United States Citizen With Dual Citizenship

The Assistant Secretary for Personnel Administration, Department of Health, Education, and Welfare requested an advance decision on whether St. Elizabeth's Hospital could appoint a foreign national to a position in its residency intern program. The doctor was a citizen by birth of Poland and was also a citizen of Israel. Although public law prohibits use of appropriated funds to pay compensation of noncitizens, the statute contains an exception for nationals of Poland lawfully admitted to the United States for permanent residence. The exception was not negated when the alien had a dual nationality status. Therefore, the citizen of Poland, who was also a citizen of Israel, may be appointed and paid by St. Elizabeth's Hospital in its residency intern program.