The employment of noncitizens in the United States civil service

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Material Information

Title:
The employment of noncitizens in the United States civil service
Series Title:
Pamphlet ;
Physical Description:
3 p. : ; 23 cm.
Language:
English
Creator:
United States Civil Service Commission
Publisher:
United States Civil Service Commission
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Foreign workers -- United States   ( lcsh )
Civil service positions -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
United States Civil Service Commission.
General Note:
Caption title.
General Note:
"February 1950."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004789496
oclc - 495812210
System ID:
AA00009237:00001


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UNITED STATES CIVIL SERVICE COMMISSION
Washington, D. C.


THE EMPLOYMENT OF NONCITIZENS

IN THE UNITED STATES CIVIL SERVICE

GENERAL

The opportunities of noncitizens for appointment to positions in
the United States civil service are limited.

Most of the positions in the United States civil service are in
the competitive service. When vacancies in such positions are filled
through original appointment (as distinguished from filling them through
promotion, reassignment, transfer or reinstatement), they are filled
from registers of eligibles established as a result of competitive
civil-service examinations. Persons admitted to competitive examina-
tions must be citizens of or owe allegiance to the United States. How-
ever, citizens of the Republic of Panama may be admitted to examina-
tions for employment by the Panama Canal and the Panama Railroad Company
in the Canal Zone.

In addition, practically all Federal appropriation acts provide
for the employment of United States citizens only.

Numerous inquiries are made as to whether alienj.-ohq mAriend
Americans in the armed forces thereby acquired Americah hitizensirip.
Aliens who marry American citizens do not thereby require Amnerican
citizenship./

HISTORICAL STATEMENT

Prior to 1938, when the international situation became tense, Fed-
eral agencies hired noncitizens rather freely. In the o'ase of positions
subject to the civil-service rules (that is, positions ii irff (. oipe-ti-
tive service), this actionwasnot in violation of the rules, '-1-Tce the
rules permitted the appointment of noncitizens through noncompetitive
examination, provided that no citizens who had qualified under civil-
service standards were available for appointment.

During the depression of the 1930's there was some objection to
using Federal funds for paying the compensation of Federal employees
who were noncitizens, but there were no specific restrictions on the
use of Federal funds for this purpose until enactment of the Treasury




PAMPHLET 24
February !950









and Post Office Appropriation Act of 1939, which contained such restric-
tions. Since that time, most appropriation acts have contained similar
restrictions.


Obviously some exceptions had to be made, and they were provided
for in the acts. In some instances, especially in the scientific
field, there were noncitizens of outstanding ability who were perhaps
the only persons qualified to perform specific tasks.

When World War II began, the number of exceptions grew and addi-
tional agencies were authorized to hire noncitizens. In activities
with our allies, the War and Navy Departments found it necessary to
utilize che services of many noncitizens. With the end of hostilities
and the termination of many wartime authorizations, the number of non-
citizens in the Federal service, and the number of positions available
to noncitizens, have greatly decreased.


The Inriependent Offices Appropriation Act of 1950 provides that,
unless specifically provided otherwise, the funds appropriated by any
act of Congress may be usedto pay the salaries of Government employees
in the continental United States only if they are (1) citizens of the
United States, (2) persons in the service of the United States on August
24, lU-L, who, being eligible for citizenship, had filed declarations
of intention fo become citizens prior to that date, and (3) persons
who owe allegiance to the United States. However, this section does
not apply to citizens of the Republic of the Philippines or to nation-
als of those countries allied with the United States in the prosecution
of the war. The same limitation is placed on employment in the District
of Columbia Government, except that the date mentioned in (2) above is
June 29, 1948.

Whether agency funds may be legally used for the employment of a
noncitizen in a particular position is determined by the appointing
agency and niot by the Civil Service Commission. It is pointed out,
however, that employment in competitive positions (see paragraph 2,
page 1) is always subject to civil-service regulations relating to cit-
izenship, regardless of any less restrictive language in appropriation
acts.


FEDERAL EMPLOYMENT AVAILABLE TO NONCITIZENS


The employment described below is specifically excepted by law
from appropriation-act restriction for the fiscal year ending June 30,
1950, althiou ~ in some cases the employment of noncitizens as des-
cribed may be prohibited by the terms of other laws.


- 2 -









Department of Aqriculture


Employment of Canadian citizens in the Bureau of Entomology and
Plant Quarantine in connection with the control of emergency outbreaks
of insects and plant diseases.

Temporary employment of translators who are not citizens when com-
petent citizen translators are not available.


Employment in cases of emergency in the field service of the De-
partment of Agriculture for periods of not more than 60 days.

Employment under the appropriation for the Office of Foreign Agri-
cultural Relations.


Atomic Enerqy Commission

All employment.


Canal Zone

Employment of citizens of the Republic in skilled, technical,
clerical, administrative, executive, or supervisory positions.


Displaced Persons Commission

All employment.

Department of the Interior

Employment in the field service of the Department of the Interior
for periods of not more than 30 days in cases of emergency caused by
fire, flood, storm, act of God, or sabotage.


Department ot Justice

Employment of foreign counsel by the Attorney General in special
cases.


Employment of interpreters in the Immigration and Naturalization
Service (not to exceed 10 permanent employees and such temporary em-
ployees as are required from time to time), where competent citizen
interpreters are not available.


- 3 -






UNIVERSITY OF FLORIDA


Library of Conqress 3 1262 08477 3216

Employment is not to exceed 10 positions, provided that the Librar-
ian shall not make any appointment to any such position until he has
ascertained that he cannot secure for such appointment a person who
(1) is a citizen, or (2) was in the service of the United States on
August 24, 1949, and, being eligible for citizenship, had filed a de-
claration of intention to become a citizen prior to that date, or (3)
owes allegiance to the United States.


National Advisory Committee for Aeronautics

Employment of any alien whose employment is determined by the
Chairman of the Committee to be necessary.


National Military Establishment

All personnel.


Department of State

Employment of aliens from an appropriation to be used for parti-
cipation by the United States in international activities.


Employment of aliens within the United States from an appropria-
tion to be used to carry out international information and educational
activities.


Employment of aliens, by contract, for services abroad.


USCSC--WASHINGTON D C




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