Page:United States Statutes at Large Volume 58 Part 1.djvu/353

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58 STAT.] 78TH CONG. , 2D SESS.-CH. 275-JUNE 26, 1944 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, 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, adminis- trative, 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 Presi- dent may suspend from time to time in whole or in part compliance with this section in time of war or national emergency if he should deem such course to be in the public interest. SEC. 3. No part of any appropriation contained in this Act shall be used to pay the salary or wages of any person 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: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit 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: Pro- vided further, That any person 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 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 exist- 'ing law. SEC. 4. The Governor of the Panama Canal is hereby authorized to employ by contract or otherwise without regard to section 3709, Revised Statutes, and at such rates (not to exceed $50 per day for individuals exclusive of necessary travel expenses) as he may deter- mine, the services of architects, engineers, and other technical and professional personnel, or firms or corporations thereof, as may be necessary. SEC. 5. Appropriations for the Military Establishment and for civil functions administered by the War Department for the fiscal year 1945 may be used for carrying into effect the Act entitled "An Act to provide for the settlement of claims for damage to or loss or destruction of property or personal injury or death caused by military personnel or civilian employees, or otherwise incident to activities, of the War Department or of the Army", approved July 3, 1943. 333 Limitation. Employees with 15 years of service. Selection of person- nel. Hours of employ- ment; pay rates. Applicability. Wartime or emer- gency suspension. 8 F. R. 9175. Persons advocating overthrow of U. .. Government. Affidavit. Penalty. Technical and pro- fessional personnel. 41U.S.O.I . War Department or Army damage claims. 67 Stat. 372. 31 U. S. C., Supp. Iu, 5i223b, 223c.