PUBLIC LAW 3 7 5 - J U N E 5, 1952
[66
STAT.
herein shall not continue for more than thirty days after the date of approval of this Act. CHAPTER XIII Strikes or ovent h r o w of Government.
Affidavit.
Penalty.
65 Stat. 757. 5 USC 43 note. Promotions.
Reductions in amounts.
SEC. 130L No part of any appropriation contained in this Act, or of the funds available for expenditure by any corporation included in this Act, shall be used to pay the salary or wages of 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 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 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 or fund contamed 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 existing law. SEC. 1302. Section 1310 of Public Law 253 of the Eighty-second Congress is hereby amended as follows: At the end of subsection "a" before the period, insert: ": Provided further, That any agency may promote any employee permanently to a position if such promotion will not increase the number of employees holding permanent positions in the grade of such position in such agency above the number in such grade in such agency prior to September 1, 1950: Provided further, That permanent promotions may be made to any position in a category for which the Civil Service Commission authorizes permanent appointments under the terms hereof". And in the last proviso of subsection "c", after "register," insert: "or is eligible for appointment, in accordance with a regular appointment system or procedure established prior to September 1, 1950, to a higher grade position outside the competitive Civil Service,". And at the end of subsection "c", before the period, insert: "or being advanced to a grade level not exceeding that for which he had previously established eligibility as required by the terms hereof: Provided further, That, notwithstanding the provisions hereof, and in order to avoid undue hardship or inequity, the Civil Service Commission, when requested by the head of the agency involved, may authorize promotions in individual cases of meritorious nature". SEC. 1303. Amounts made available for pay increases in this Act, by appropriation, increase in administrative expense limitation, transfer and otherwise are hereby reduced in the sums hereinafter set forth, and such sums (except corporate funds, trust funds, and funds under the title "Control of emergency outbreaks of insects and plant diseases") shall be carried to the surplus fund and covered into the Treasury immediately upon the approval of this Act, as follows:
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