<^l.H^^: 2 '4 UNITED STATES CIVIL SERVICE COMMISSION Washington, D. C. THE EMPLOYMENT OF NONGITIZENS 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, reeissignment, 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 aliens who ra$;^|",ieti Americans in the armed forces thereby acquired American citizenship. Aliens who marry American citizens do not thereby acquire American citizenship. / "^ HISTORICAL STATEMENT Prior to 1938, when the international situation became tense, Fed- eral agencies hired noncitizens rather freely. In the case of positions subject to the civil-service rules (that is, positions in the competi- tive service), this action was not in violation of the rules, since the rules permitted the appointment of noncitizens through noncompetitive examination, provided that no citizens who had qualified iinder 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 pirpose until enactment of the Treasury PAMPHLET 24 February 1950 and Post Office Appropriation Act of 1939, >^ich contained such restric- tions. Since that time, most appropriation acts have contained similar restricticais. 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 numoer 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, hav^e greatly decrea-sed. The Independent Offices Appropriation Act of 1350 provides that, unless specifically provided otherwise, the funds appropriated by any act of Congress may be used to pay the salaries of Governjnent 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, iy49, who, being eligible for citizenship, had filed declarations of intention to 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 riot by the Civil Service Commission. It is pointed out, however, that emplo\Tnent in competitive positions (see paragraph 2, page 1) is alv/ays subject to civil-service regulations relating to cit- izenship, regardless of any less restrictive language in appropriation acts. FEDERAL EMPLOYMENf AVAILABLE TO NONCITIZENS The employment described below is specifically excepted by law from appropriation-act restriction for the fiscal year ending June 30, 1950, although in some cases the employment of noncitizens as des- cribed may be prohibited by tlie terms of other laws. - 2 - Department of Agriculture Employment of Canadian citizens in the Bureau of Entomoloe;y and Plant Quarantine in connection with the control of emergency outbreaks of iiisects 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 Energy Commission All employment. Canal Zone Employment of citizens of the R.epublic in skilled, technical, clerical, administrative, executive, or supervisory positions. Displaced Persons Commission All employment. Department of the Interior Bnployment in the field service of the Department of the Interio'" for periods of not more than 30 days in ccises of emergency caused b^ fire, flood, storm, act of God, or sabotage. Department or Justice Einployment 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 FLORID^^ lllillliliiiili Library of Congress 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 Emplo.^inent of any alien whose employment is determined by the Chairman of the Committee to be necessary. National Military Establishment All personnel. Department of State Emplo.^Tnent 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