Page:United States Statutes at Large Volume 68 Part 1.djvu/386

 354

C i v i l i a n employee ceilings

PUBLIC LAW 4 5 8 - J U N E 30, 1954

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. 720. No funds appropriated in titles II, IV, V, and VI 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 ersons are employed on a contract basis or are paid on a per diem asis, and (c) persons employed without compensation if they are reimbursed for expenses) at any one time during the current fiscal year: Provided, That whenever, in the opinion of the Secretary of the Military Department concerned, the direct substitution of civilian personnel for an equivalent or greater number of military personnel will result in economy without adverse effect upon national defense, such substitution may be accomplished without regard to the foregoing limitation, and such funds as may be required to accomplish the substitution may be transferred from the appropriate military personnel appropriation to, and merged with, the appropriation charged with compensation of such civilian personnel. SEC. 721. Notwithstanding any other provision of law, executive order, or regulation, no part of the appropriations in this Act shall be available for any expenses of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying except in accordance with regulations issued by the Secretaries of the Departments concerned and approved by the Secretary of Defense which shall establish proficiency standards and maximum and minimum flying hours for this purpose: Provided, That during the fiscal year, without regard to any provision of law or executive order prescribing minimum flight requirements, such regulations may provide for the payment of flight pay at the rates prescribed in section 204(b) of the Career Compensation Act of 1949 (63 Stat. 802) to certain officers of the Armed Forces otherwise entitled to receive flight pay (1) who have held aeronautical ratings or designations for not less than twenty years, or (2) whose particular assignment outside the United States makes it impractical to participate in regular aerial flights. SEC. 722. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, tempo1 ary storage, drayage, and unpacking of household goods and personal effects in excess of eleven thousand pounds net in any one shipment: Provided, That the limitations imposed herein shall not be applicable in the case of members transferred to or serving in stations outside the

C

Exception*

Proficiency flying.

F l i g h t pay for certain officers.

63 Stat. 810. 37 USC 235.

H o u s e h o l d goods*

Nonapplicability.

[68 S T A T.

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