Page:United States Statutes at Large Volume 65.djvu/484

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450 63 Stat. 954. 5 U. S. O. note.

PUBLIC LAW 180—OCT. 18, 1951

1071

Contract provision regarding gratuities.

Ceiling on civilian employees.

Restriction on flight pay. Short title.

[65 STAT.

ten temporary positions for the fiscal year 1952 to be placed in grades GS-17 and GS-18 of the general schedule of the Classification Act of 1949 in accordance with the procedures and standards of that Act. Not more than five of these positions shall be in grade GS-18. Such positions shall be additional to the number authorized by section 505 of that Act, and not more than four of these positions may be filled by promotion. SEC. 631. No part of any money appropriated in titles II, III, IV, or V of this Act shall be expended under any contract (other than a contract for personal services) entered into after the enactment of this Act unless such contract provides— (1) that the Government may, by written notice to the contractor, terminate the right of such contractor to proceed under 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. 632. No funds appropriated in titles II, III, IV, and V of this Act shall be used for the payment in excess of 500,000 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 persons are employed on a contract basis or are paid on a per diem basis, and (c) persons employed without compensation if they are reimbursed for expenses) at any one time during the current fiscal year. SEC. 633. No part of any appropriation contained in this Act shall be available for the payment of flight pay to personnel whose actual assigned duties do not involve operational or training flights. SEC. 634. This Act may be cited as the "Department of Defense Appropriation Act, 1952". Approved October 18, 1951.

Public Law 180

CHAPTER 5 1 3 AN ACT

October 18, 1961 [H. R. 42051

To provide retirement benefits for the Chief of the D e n t a l Division of the B u r e a u of Medicine and Surgery, 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 3 of the