Hereafter, service in the Regular Army honorably terminated shall be credited for purposes of legal residence under the naturalization laws of the United States, regardless of the legality or illegality of the original entry into the United States of the alien, the certificate of the honorable termination of such service or a duly authenticated copy thereof made by a naturalization examiner of the Immigration and Naturalization Service being accepted in lieu of the certificate from the Department of Labor of the alien's arrival in the United States required by the naturalization laws; and service so credited in each case shall be considered as having been performed immediately' preceding the filing of the petition for naturalization. Sec. 2, added to act of Aug. 19, 1937, by act of Aug. 16, 1940 (54 Stat. 789). The first paragraph of the original text of this section, based on Military Appropriation Act of July 1, 1937 (50 Stat. 446), was repeated in substantially the same form in the Military Appropriation Acts for the fiscal years 1939, 1940, 1941 and 1942, and modified for fiscal year 1943. As repeated in the Independent Offices Appropriation Act for fiscal year 1944 and section 205, Independent Offices Appropriation Act, 1945 (58 Stat. 385), the form of this provision was changed as indicated by first paragraph, supra. It is modified by the second paragraph supra.

The second paragraph, supra, is added as a new provision. A similar provision was contained in Military Appropriation Act, 1944 (57 Stat. 349).

The second paragraph of the original text has been modified as indicated by the third paragraph, supra.

The fourth paragraph, supra, is added as a new provision.

By 258a, ante, payments by disbursing officers made and received in good faith but in contravention of this section, were validated; recipients were not to be required to refund same; and funds were made available to pay for services rendered prior to January 1, 1942, which this section had prevented.

Notes of Decisions

Authority of the Secretary of War.-The ac- General had placed on the act a construction of the Secretary of War in discharging tion in conflict with the court's judgment, a soldier who had illegally entered the since the act of the Secretary was a discountry, on opinions of Judge Advocate cretionary act not subject to review. Act General of the Army that soldier's re-enlist- Aug. 19, 1937, 50 Stat. 696; Act June 11, ment was in violation of a congressional act, 1938, 52 Stat. 642; 10 U. S. C. A., sec. 1580. could not be reviewed by the District Court, Nordmann v. Woodring, Sec. War, et al. notwithstanding that the Judge Advocate (D. C., 1939), 28 F. Supp. 573.

566b. Appointment; persons advocating overthrow of Government.-No part of any appropriation contained in this Act shall be used to pay the salary or wages of any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided further, That any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appropriation in this Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law. Sec. 10, Military Appropriation Act of June 30, 1941 (55 Stat. 393).

This provision was repeated in subsequent military appropriation acts, including section 11, Military Appropriation Act, 1945 (58 Stat. 595).

A similar provision is contained in section 4, War Department Civil Appropriation Act of May 23, 1941 (55 Stat. 196) and subsequent acts. including section 3, War Department

Civil Appropriation Act of June 26, 1944 (58 Stat. 333), section 301, Second Deficiency Appropriation Act of June 28, 1944 (58 Stat. 622), and section 402, First Supplemental Appropration Act of December 22, 1944 (58 Stat. 885).*

The Department of Justice Appropriation Acts, 1942 (55 Stat. 292) and 1943 (56 Stat. 482). appropriated funds for the purpose of investigating employees of the Federal Government who are members of subversive organizations or advocate the overthrow of the Government.

That civilian employees of the executive departments and independent establishments of the United States and employees of the District of Columbia who, upon original appointment, have subscribed to the oath of office required by section 1757 of the Revised Statutes, shall not be required to renew the said oath because of any change in status so long as their services are continuous in the department or independent establishment in which employed or in the government of the District of Columbia, unless in the opinion of the head of the department or independent establishment or the Commissioners of the District of Columbia the public interests require such renewal. Act of Aug. 14, 1937 (50 Stat. 640); act of Nov. 22, 1943 (57 Stat. 591); 5 U. S. C. 17b.

The original text of the fourth paragraph of this section has been amended as above.

570. Appointment; civil service rules and regulations.

By Executive Order No. 8371, March 9, 1940, amending Executive Order No. 8044, January 31, 1939, a committee was appointed to make a further and comprehensive study of methods of recruiting, testing, selecting, promoting, transferring, removing, and reinstating personnel for the positions to which this order relates, and report to the President as soon as possible its recommendations thereon.

The last named order was suspended insofar as the United States Civil Service Commission shall authorize appointments to positions directly concerned with the national defense, by Executive Order No. 8516, August 15, 1940.

By Executive Order No. 8467, July 1, 1940, the Council of Personnel Administration, originally established by Executive Order No. 7916, June 24, 1938, was revived, and its functions prescribed.

Executive Order No. 8576, October 29, 1940, prescribed regulations governing the employment of unclassified laborers in the executive civil service.

Under authority of R. S. 1753, supra, Executive order of January 11, 1873, prohibiting Federal officers and employees from holding State, Territorial, or municipal office, has been amended by the following Executive orders:

No. 8390, April 11, 1940, so as to permit them to hold positions as teachers or instructors in any State, Territorial, or municipal school or university.

No. 8880, August 30, 1941, so as to permit an officer or employee of the Federal Government to hold the office of Chancellor of the University of Puerto Rico.

No. 8980, December 16, 1941, so as to permit any person holding a State, Territorial, or municipal office to accept appointment and serve as a member of an Alien Enemy Hearing Board.

Executive Order No. 9004, December 30, 1941, amends schedules A and B of the Civil Service Rules by exempting certain positions from examination under section 3, Rule II of said regulations.

By Executive Order No. 8781, June 12, 1941, all employees in the Executive Civil Service of the Government whose fingerprints are not now on file are required to be fingerprinted. Executive Order No. 8914, October 1, 1941, amends the above by exempting any groups of temporary employees within the discretion of the Civil Service Commission.

Under authority of this section, the President, by Executive Order No. 8973, December 12, 1941, authorized the transfer of employees possessing qualifications for national defense work from any executive branch of the Government to any other work connected with national defense, and for reinstatement in their original positions on termination of such national defense employment.

For the purpose of expediting transfers of personnel to war agencies, Executive Order No. 9067, February 20, 1942, provides for priority classification of the several Executive departments and agencies in respect to their relative importance to the war program.

The two orders last mentioned were revoked by Executive Order No. 9243, post, 1607. For further orders and directives relating to the transfer of employees, see latter section.

Executive Order No. 9063, February 16, 1942, as amended by Executive Order No. 9378, September 23, 1943, authorized the Civil Service Commission to adopt special procedures relating to recruitment, placement, and changes in status of personnel for the Federal service in order to expedite the filling of positions in the Federal service with qualified persons.

Under authority of R. S. 1753, supra, Executive Order No. 9367, August 4, 1943, prohibits, with certain exceptions, instruction of applicants for civil service examinations by officers or employees of the Government.

Executive Order No. 9428, February 29, 1944, authorized certain former employees of the Federal Bureau of Investigation, Department of Justice, to acquire a competitive classified

status.

Under Executive Order No. 9503, November 27, 1944, when a disabled veteran shall have completed a course of training under the act of March 24, 1943 (57 Stat. 43), post, 1140, Part VII, such veteran may be appointed to the position for which he trained without regard to Civil Service rules and War Service regulations.

Executive Order No. 9506, December 12, 1944, provides that hereafter a classified civil service status may be accorded only by having been regularly selected for appointment from & certificate issued by the Civil Service Commission for probational appointment and shall have entered on duty pursuant to selection from such certificate.

For waiver of apportionment provisions in the second paragraph of this section in favor of veteran preference eligibles, see sec. 671a-6, post.

577a. Appointment of members of same family.

For waiver of provisions of this section in favor of veteran preference eligibles, see 671a-6, post.

582a-1. Extension of Civil Service; authority of President.—That notwithstanding any provisions of law to the contrary, the President is authorized by Executive order to cover into the classified civil service any offices or positions in or under an executive department, independent establishment, or other agency of the Government: Provided, That in the case of any federally owned and controlled corporation organized under the laws of any State, Territory, or possession of the United States (including the Philippine Islands), or the District of Columbia, the President is authorized to direct that such action be taken as will permit appointments to offices or positions in any such corporation to be made in accordance with the civil-service laws, consistently with the laws of any such State, Territory, or possession, or the District of Columbia, or with the charter or articles of incorporation of any such corporation: Provided further, That the provisions of this section shall not apply to the offices or positions in the Tennessee Valley Authority or to any positions in the Work Projects Administration or to any position to which appointments are made by the President by and with the advice and consent of the Senate, or to positions of assistant United States district attorney. Sec. 1, act of Nov. 26, 1940 (54 Stat. 1211); 5 U. S. C. 631a.

Executive Order No. 8743, April 23, 1941, revokes section 7, Executive Order No. 8044, January 1, 1939, extends the Classified Civil Service as authorized by this section, and, as amended by Executive Order No. 9230, August 20, 1942, establishes the Board of Legal Examiners in the Civil Service Commission. Pending action by the Congress with respect to the continuance of the foregoing Board of Legal Examiners, Executive Order No. 9358, July 1, 1943, places in the Civil Service Commission authority to determine the regulations and procedures governing the recruitment and examination of applicants for attorney positions, and the selection, appointment, promotion, and transfer of attorneys in the classified civil service. Subject to the provisions of this Order, Executive Order No. 8743, as amended, shall remain in effect. The Independent Offices Appropriation Act, 1945 (58 Stat. 364) provided that no part of the appropriation for the Civil Service Commission should be available for the Legal Examining Unit of the Commission, established pursuant to Executive Order 9358, July 1, 1943.

Executive Order No. 8744, April 24, 1941, authorized certain employees involuntarily separated from the Government service to acquire a classified civil service status.

Executive Order No. 8833, July 26, 1941, as amended by Executive Order No. 8940, November 14, 1941, extends the Classified Civil Service to certain employees and permits the

filling of vacancies by promotion, transfer or assignment of employees heretofore covered into the classified service by Executive Order No. 8743, April 23, 1941.

582a-2. Extension of Civil Service; recommendation and examination.(a) The incumbent of any office or position which is covered into the classified civil service under the provisions of section 1 of this Act shall not thereby acquire a classified civil-service status, except (1) upon recommendation by the head of the agency concerned within one year after such office or position has been covered into the classified civil service, and certification within such period by such head to the Civil Service Commission that such incumbent has served with merit for not less than six months immediately prior to the date such office or position was covered into the classified civil service; and (2) upon passing such suitable noncompetitive examination as the Commission may prescribe: Provided, That any such incumbent shall be given only one such noncompetitive examination: Provided further, That any such incumbent who fails to pass the noncompetitive examination provided in his case shall be separated from the service not later than six months after the Commission advises the appointing officer that such employee has failed. The appointment of any person occupying any position covered into the apportioned civil service in the District of Columbia under the provisions of section 1 of this Act shall be charged to the apportionment of his State. As used in this section "State" includes a Territory and the District of Columbia.

(b) That from and after the effective date of this Act any person who shall have served for four years as a secretary, clerk or assistant clerk to a Senator, Representative, Delegate or Resident Commissioner, or as a clerk or assistant clerk to a standing committee of the Senate or House of Representatives or as a clerical employee of the Senate or House of Representatives and whose separation from the service is involuntary and without prejudice shall acquire, upon passing such suitable noncompetitive examination as the Civil Service Commission may prescribe, a classified civil service status for transfer to a position in the classified civil service notwithstanding any contrary provisions of the civil service laws or regulations: Provided, That any individual who may hold such a position in the legislative branch must obtain such transfer within one year from the date of separation, and nothing in this Act shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder. Sec. 2, act of Nov. 26, 1940 (54 Stat. 1212); 5 U. S. C. 631b.

585. Compensation for disability or death.

A Federal Interdepartmental Safety Council, to act as a clearing house for accident prevention and health conservation information, and to make and report upon surveys and investigations necessary to reduce accident hazards, was established by Executive Order No. 8071, March 21, 1939.

The act of March 4, 1944 (58 Stat. 112); 50 U. S. C. App. 1461(c), provides that student nurses who incur disability or death while in the performance of duty during period of training at Federal hospitals are entitled to the benefits provided by this section.

591. Compensation; other remuneration precluded. That as long as the employee is in receipt of compensation under this Act, or, if he has been paid a lump sum in commutation of installment payments, until the expiration of the period during which such installment payments would have continued, he shall not receive from the United States any salary, pay, or remuneration whatsoever except in return for services actually performed, and except pensions for service in the Army or Navy of the United States: Provided, That whenever any person is entitled to receive any benefits under this Act by reason of his injury, or by reason of the death of an employee,

as defined in section 40, and is also entitled to receive from the United States any payments or benefits (other than the proceeds of any insurance policy), by reason of such injury or death under any other Act of Congress, because of service by him (or in the case of death, by the deceased) as an employee, as so defined, such person shall elect which benefits he shall receive. Such election shall be made within one year after the injury or death, or such further time as the Commission may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. Sec. 7, act of Sept. 7, 1916 (39 Stat. 743); sec. 605(a), act of July 1, 1944 (58 Stat. 712); 5 U. S. C. 757.

The original text of this section has been amended as above.

For section 40, to which reference is made in the text, supra, see 613, post.

593. Compensation act; medical and hospital service.

By act of June 30, 1939 (53 Stat. 990), hospitals in the District of Columbia are given a lien upon the amount recovered for damages by persons treated in such hospitals for injuries not compensable under the provisions of this act.

598. Compensation; lump-sum payment.

For effect of lump-sum payment under authority of this section upon civil service retirement annuity for disability, see 684, post.

609. Compensation commission; establishment, powers and duties.

That the commission shall make to Congress at the beginning of each regular session a report of its work for the preceding fiscal year, including a detailed statement of appropriations and expenditures, a detailed statement showing receipts of and expenditures from the employees' compensation fund, and its recommendations for legislation.

The provisions of section 41 of the Act of March 4, 1927 (ch. 509, 44 Stat. 1424), as amended, shall, insofar as not inapplicable, apply in the same manner and to the same extent as though such provisions were incorporated in this Act. Sec. 33, act of Sept. 7, 1916 (39 Stat. 749); act of Dec. 22, 1944 (58 Stat. 887); 5 U. S. C. 784.

The last paragraph of this section has been amended as above.

613. Compensation act; definitions of terms.

The definition of the term "employee" in second paragraph of this section was amended by the act of April 11, 1940 (54 Stat. 105), to include persons employed on the Menominee Indian Reservation, Wisconsin, in timber and logging operations, and was further amended by section 605(b), act of July 1, 1944 (58 Stat. 712), to include commissioned officers of the Regular Corps of the Public Health Service and officers in the Reserve of the Public Health Service on active duty.

614a. State workmen's compensation laws.

The District of Columbia Industrial Safety Act of October 14, 1941 (55 Stat. 738), is made applicable to any and all work performed in the District of Columbia by an independent contractor for the United States or any instrumentality thereof.

Notes of Decisions

Coverage.-Action by workman for damages, ment for the defendant affirmed. Held: based on alleged negligence of contractor. The Under the act of 25 June 1936 (49 Stat. 1938), accident occurred at the Philadelphia Navy which provides that the constituted authorities Yard on land which had been under the ex-in each state charged with the enforcement clusive jurisdiction of the United States since of State workmen's compensation laws may 1868 (subject only to State's reservation of apply such laws to all lands held by the right to serve process). An award had al- United States within the exterior boundaries ready been paid under the Pennsylvania of the State, the Pennsylvania Act was conWorkmen's Compensation Act of 1915, which, trolling. The application of the State Act to if applicable, barred the present suit. Judg- the reservation was merely in abeyance prior