Page:United States Statutes at Large Volume 67.djvu/390

 354 Affidavit.

Penalty.

Contract proV i s ion r e g arding gratuities.

lan employees.

Proficiency f l y ing.

PUBLIC LAW 179-AUG. 1, 1953

[67

ST A T.

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,(K)0 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. 626. No part of any money appropriated to the Department of Defense for the current fiscal year 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 oifered 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. 627. No funds appropriated in titles II, III, IV, and V of this Act shall be used for the payment in excess of 475,000 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. 628. Notwithstanding any other provision of law, executive order, or regulation, no part of the appropriations in this or any other Act shall be available for any expenses of operating aircraft under

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