such project whose work habits are such or work record shows that he is incapable of performing satisfactorily the work to which he may be assigned on the project. Restriction on em- PAR. 10. No alien shall be given employment or continued in ployment of aliens employment on any work project prosecuted under the appropriation in paragraph 1 and no part of the money appropriated in paragraph 1 or paragraph 2 shall be available to pay any person who has not made or who does not make affidavit as to United States citizen- ship, such affidavit to be considered prima facie evidence of such citizenship. Refusal of private PAR. 11 . No person in need who refuses a bona fide offer of private employment oer employment under reasonable working conditions which pays the pre- vailing wage for such work in the community where he resides and who is capable of performing such work shall be employed or retained in employment on out-of-school work projects under the funds appro- priated m paragraph 1 for the period such private employment continues available. Oath of office r e PAR. 12. No person shall be employed or retained in employment in any administrative position, or in any supervisory position on any project, and no person shall receive assistance in the form of pay- ments or otherwise from the United States for services rendered under the National Youth Administration, under the appropriation in paragraph 1 or paragraph 2 unless such person before engaging in such employment or receiving such assistance subscribes to the following oath: "I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reserva- tion or purpose of evasion; and that I will well and faithfully dis- charge the duties of the office (or employment) on which I am about to enter (or which I now occupy). So help me God." oamintratih n o The National Youth Administrator shall designate administrative and supervisory employees to administer such oath, but no fee shall be charged therefor. overthrosw ofyt. PS. PAR. 13. No portion of the appropriation in paragraph 1 or para- Government. graph 2 shall be used to pay any compensation to any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States through force or violence. Execu tiaOder No. PAR. 14. The provisions of Executive Order Numbered 7916, 7916. dated June 24, 1938, shall not apply to positions the compensation of which is payable from the appropriations in paragraphs 1 and 2 and such appropriations shall not be available for the compensa- tion of the incumbent of any position placed in the competitive classi- fied civil service of the United States after January 10, 1939. compensa!serice . PAR. 15. In carrying out the purposes of the appropriation in paragraph 2, the National Youth Administrator, subject to the approval of the Federal Security Administrator, is authorized to Appointments. accept and utilize voluntary and uncompensated services, to appoint and compensate, without regard to civil-service laws or the Classifi- Stat. 188. 61 cation Act of 1923, as amended, officers and employees, and to utilize, 5U.S.C.UOt1- 674; Supp. V, o673, with the consent of the head of the Federal agency by which they Utilization of Fed- are employed, Federal officers and employees, and with the consent of era, State and local the State or local government, State and local officers and employees at such compensation (without regard to the Classification Act of 1923, as amended) as shall be determined by the National Youth Administrator to be necessary, and to prescribe their authorities, duties, responsibilities, and tenure. PUBLIC LAWS-CH. 428-JUNE 26, 1940 [54 STAT. 592
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