heretofore incurred incident to the operation by the Navy of private plants taken over at the direction of the President, and the Secretary of the Navy may designate any naval appropriation to be charged with such expenses, proper adjustment to be made on the basis of final costs between applicable appropriations; payment of rewards, as authorized by law, for information leading to the discovery of missing naval property or the recovery thereof, and except as otherwise authorized by the Act of September 30, 1950 (Public Law 874), for contributions for the support of schools for dependents of military and civilian personnel of the Department of Defense as authorized by section 13 of the Act of August 2, 1946 (5 U. S. C. 421d).

SEC. 618. No part of any appropriation contained in this Act shall be used directly or indirectly except for temporary employment in case of emergency, for the payment of any civilian for services rendered by him on the Canal Zone while occupying a skilled, technical, clerical, administrative, executive, or supervisory position unless such person is a citizen of the United States of America or of the Republic of Panama: Provided, however, (1) That, notwithstanding the provision in the Act approved August 11, 1939 (53 Stat. 1409), limiting employment in the above-mentioned positions to citizens of the United States from and after the date of approval of said Act, citizens of Panama may be employed in such positions; (2) that at no time shall the number of Panamanian citizens employed in the above-mentioned positions exceed the number of citizens of the United States so employed, if United States citizens are available in continental United States or on the Canal Zone; (3) that nothing in this Act shall prohibit the continued employment of any person who shall have rendered fifteen or more years of faithful and honorable service on the Canal Zone; (4) that in the selection of personnel for skilled, technical, administrative, clerical, supervisory, or executive positions, the controlling factors in filling these positions shall be efficiency, experience, training, and education; (5) that all citizens of Panama and the United States rendering skilled, technical, clerical, administrative, executive, or supervisory service on the Canal Zone under the terms of this Act (a) shall normally be employed not more than forty hours per week, (b) may receive as compensation equal rates of pay based upon rates paid for similar employment in continental United States plus 25 per centum; (6) this entire section shall apply only to persons employed in skilled, technical, clerical, administrative, executive, or supervisory positions on the Canal Zone directly or indirectly by any branch of the United States Government or by any corporation or company whose stock is owned wholly or in part by the United States Government: Provided further, That the President may suspend from time to time in whole or in part compliance with this section if he should deem such course to be in the public interest. SEC. 619. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act.

SEC. 620. During the current fiscal year, commuted rations for enlisted personnel of the uniformed services (as defined in the Career Compensation Act of 1949) on leave, or otherwise authorized to mess separately, shall be equivalent to the cost of the ration as determined by the Secretary of Defense.

SEC. 621. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned: Provided, That, for the purposes of this section, payments for meals at the rates established hereunder may be made in cash or by deductions from the pay of civilian employees.

SEO. 622. No part of any appropriation contained in this Act shall be available until expended unless expressly so provided elsewhere in this or some other appropriation Act.

SEC. 623. No part of any appropriation contained in this Act shall be available for or on account of the supply or replacement of table linen, dishes, glassware, silver, and kitchen utensils for use in the residences or quarters of officers on shore (other than for field messes, messes temporarily set up on shore for bachelor officers and officers attached to seagoing or district defense vessels, to aviation units based on seagoing vessels, to the fleet air bases, to the submarine bases, or to landing forces and expeditions), except in accordance with regulations approved by the Secretary of Defense, which shall provide for uniform practices among all of the services.

SEC. 624. The provisions of the Act of February 9, 1946 (60 Stat. 3), shall be applicable to the appropriations of the Army and Air Force for military pay for the current fiscal year, upon certification by the appropriate agency of the department concerned.

SEC. 625. Not more than $10,000,000 of the amounts received during the current fiscal year by each of the Departments of the Army, Navy, and Air Force as proceeds from the sale of scrap or salvage materials, shall be available during the current fiscal year for expenses of transportation, demilitarization, and other preparation for sale or salvage of military supplies, equipment, and matériel: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to the Committees on Appropriations of the Congress.

SEC. 626. During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended. whenever he deems such action to be necessary in the interest of national defense.

SEC. 627. Appropriations available during the current fiscal year for the pay and allowances of midshipmen appointed under paragraph (b) of section 3 of the Act of August 13, 1946 (60 Stat. 1058), as amended (34 U. S. C. 1020b), shall be available for a 50 per centum increase of the pay of such midshipmen while in flight training or on other flight duty.

SEC. 628. No appropriation contained in this Act shall be available on and after January 1, 1952, in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment

90932-51-7

and supplies and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, however, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska.

SEC. 629. No part of any appropriation contained in this Act shall be used to pay the salary or wages of any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or 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 has not contrary to the provisions of this section engaged in a strike against the Government of the United States, is not a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or that such person 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 engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or 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 contained 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. 630. In order more effectively to administer the programs and functions of the Department of Defense, the President, to the extent he deems it necessary and appropriate in the interest of national defense, may authorize within the Office of the Secretary of Defense ten temporary positions for the fiscal year 1952 to be placed in grades GS-17 and GS-18 of the general schedule of the Classification Act of 1949 in accordance with the procedures and standards of that Act. Not more than five of these positions shall be in grade GS-18. Such positions shall be additional to the number authorized by section 505 of that Act, and not more than four of these positions may be filled by promotion.

SEC. 631. No part of any money appropriated in titles II, III, IV, or V of this Act shall be expended under any contract (other than a contract for personal services) entered into after the enactment of this Act unless such contract provides

(1) that the Government may, by written notice to the contractor, terminate the right of such contractor to proceed under such contract if it is found, after notice and hearing, by the

Secretary of the military department with which the contract is made, or his designee, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by such contractor, or any agent or representative of such contractor, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such contract: Provided, That the existence of the facts upon which such Secretary makes such findings shall be in issue and may be reviewed in any competent court,

(2) that in the event any such contract is so terminated the Government shall be entitled, (A) to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and (B) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount not less than three nor more than ten times (as determined by the Secretary or his designee) the costs incurred by any such contractor in providing any such gratuities to any such officer or employee.

SEC. 632. No funds appropriated in titles II, III, IV, and V of this Act shall be used for the payment in excess of 500,000 full-time graded civilian employees (including (a) the full-time equivalent of parttime employment, (b) persons who are described as "consultants" or who are compensated on a "when actually employed" basis if such persons are employed on a contract basis or are paid on a per diem basis, and (c) persons employed without compensation if they are reimbursed for expenses) at any one time during the current fiscal year.

SEC. 633. No part of any appropriation contained in this Act shall be available for the payment of flight pay to personnel whose actual assigned duties do not involve operational or training flights.

SEC. 634. This Act may be cited as the "Department of Defense Appropriation Act, 1952.

Approved October 18, 1951.

Total, Department of Defense Appropriation Act, 1952------$56,939,568,030 NOTE. In addition to the appropriations for the fiscal year 1952 carried in the foregoing regular annual appropriation act, the following additional amounts are available for the Department of the Air Force and the Department of the Army and the Department of the Navy for such fiscal year:

Permanents and indefinites (general and special accounts):

Army, Department of (pp. 540-542)
Navy, Department of (pp. 543, 544)

Air Force, Department of (p. 540).

Second Supplemental Appropriation Act, 1952:

Army, Department of (p. 271) __

Navy, Department of (pp. 271, 272).

Air Force, Department of (p. 272)

Public Law 250:

Navy, Department of (p. 285).

$12, 050,465

8, 495, 225

7, 143, 000

1, 000, 000, 000

819, 096, 392 2, 071, 200, 000

235, 286

Grand total, exclusive of trust funds under permanent
appropriations.

For trust funds, see pp. 540-544.

DISTRICT OF COLUMBIA APPROPRIATION ACT,

1952

[PUBLIC LAW 106-82D CONGRESS]

[CHAPTER 292-1ST SESSION]
[H. R. 4329]

By the Act making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1952, and for other purposes, approved August 3, 1951.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there are appropriated for the District of Columbia for the fiscal year ending June 30, 1952, out of (1) the general fund of the District of Columbia, hereinafter known as the general fund, such fund being composed of the revenues of the District of Columbia other than those applied by law to special funds, and $10,400,000, which is hereby appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1951), (2) highway funds, established by law (D. C. Code, title 47, ch. 19), and (3) the water fund, established by law (D. C. Code, title 43, ch. 15), and $1,000,000 which is hereby appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1951), sums as follows:

[Total, Federal contribution, $11,400,000.]

From the general fund: All sums appropriated under the following heads unless otherwise specifically provided: General administration, fiscal service, compensation and retirement fund expenses, District debt service, regulatory agencies, public schools, Public Library, Recreation Department, Metropolitan Police, Fire Department, Veterans' Services, courts, Health Department, Department of Corrections, public welfare, public works, National Guard, National Capital Parks, National Capital Park and Planning Commission, and National Zoological Park;

From the highway fund: All sums appropriated under public works designated as payable from the highway fund; and

From the water fund: All sums appropriated under public works and Washington aqueduct, designated as payable from the water fund; namely:

GENERAL ADMINISTRATION

For expenses necessary for the offices named under this general head: Executive office, plus so much as may be necessary to compensate the Engineer Commissioner at a rate equal to each civilian member of the Board of Commissioners of the District of Columbia, hereafter in this Act referred to as the Commissioners; compensation of members of the Apprenticeship Council; aid in support of the National Conference of Commissioners on Uniform State Laws; general advertising in newspapers and legal periodicals in the District of Columbia but not elsewhere, unless the need for advertising outside the District of Columbia shall have been specifically approved by the Commis

$10, 400, 000

1, 000, 000