54 STAT.] 76TH CONG. , 3D SESS.-CHS. 343, 344-JUNE 13, 1940 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 the 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, super- visory, 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 compliance with this section in time of war or national emergency if he should deem such course to be in the public interest. SEC. 8. All funds appropriated by this Act, and all amounts herein made available for contractual obligation shall be immediately available. SEC. 9 . This Act may be cited as the "Military Appropriation Act, 1941". Approved, June 13, 1940. [CHAPTER 344] AN ACT To provide for the promotion of promotion-list officers of the Army after specified years of service in grade, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of July 31, 1935 (49 Stat. 505), is hereby repealed. SEC. 2. Section 3 of the said Act of July 31, 1935, is hereby amended to read as follows: "SEC. 3. The number of promotion-list officers that shall be in the respective grades at any time after the effective date of this Act shall be such as results from the operation of the promotion system herein- after in this section prescribed. Promotion-list second lieutenants and first lieutenants shall be promoted to the respective grades of first lieutenant and captain immediately upon completing respec- tively three years' and ten years' continuous commissioned service in the Regular Army, but not otherwise. Except as hereinafter pro- vided promotion-list captains, majors, and lieutenant colonels shall be promoted to the respective grades of major, lieutenant colonel, and colonel immediately upon completing respectively seventeen years', 379 Provisos. Employment of Panamanian citizens. 48 U. S. C., Supp. V, § 1307. Limitation on num- ber. Employment after 15 years' service. Selection of person- nel. Hours of employ- ment; rates of pay. Section applicable only to designated persons. Authority of Presi- dent to suspend com- pliance. Funds immediately available. Short title. June 13, 1040 (II. R . 0243] [Public, No. 012] Army. Promotion-list offi- cers. Repeal. 10 U. S. C., Supp. V, § 553b. 10 U. S. C., Supp. V, § 552a. Number in grades. Second and first lieutenants, pro- motions; service re- quirements. Captains, majors, and lieutenant colo- nels, promotions; serv- ice requirements.
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