54 STAT.] 76TH CONG. , 3D SESS.-CH. 343 -JUNE 13, 1940 Office of the Surgeon General, $370,710, of which $41,000 shall be available exclusively for temporary personal services. Office of Chief of Engineers, $216,256, of which $55,000 shall be available exclusively for temporary personal services: Provided, That the services of such additional technical and clerical personnel as the Secretary of War may deem necessary may be employed only in the Office of the Chief of Engineers, to carry into effect the various appropriations for rivers and harbors and flood control, surveys, and preparation for and the consideration of river and harbor and flood-control estimates and bills, to be paid from such appropria- tions: Provided further, That the expenditures on this account for the fiscal year 1941 shall not exceed $585,680, and the Secretary of War shall each year, in the Budget, report to Congress the number of persons so employed, their duties, and the amount paid to each. Office of Chief of Ordnance, $838,500, of which $350,000 shall be available exclusively for temporary personal services. Office of Chief of Chemical Warfare Service, $74,790, of which $24,000 shall be available exclusively for temporary personal services. Office of Chief of Infantry, $15,320. Office of Chief of Cavalry, $11,100. Office of Chief of Field Artillery, $6,840. Office of Chief of Coast Artillery, $36,040. Office of Chief of Chaplains, $9,680. National Guard Bureau, War Department, $181,864. In all, salaries, War Department, $6,767,947: Provided, That the number of warrant officers and enlisted men on duty in the offices of the Chiefs of Ordnance, Engineers, Coast Artillery, Field Artil- lery, Cavalry, Infantry, and Chaplains on March 5, 1934, shall not be increased, and in lieu of warrant officers and enlisted men whose services in such offices shall have been terminated for any cause prior to July 1, 1941, their places may be filled by civilians, for the pay of whom, in accordance with the Classification Act of 1923, as amended, the appropriation "Pay of the Army" shall be available. In expending appropriations or portions of appropriations con- tained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretary of War, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates speci- fied for the grade by such Act, as amended, and in grades in which only one position is allocated the salary of such position shall not exceed the average of the compensation rates for the grade, except that in unusually meritorious cases of one position in a grade advances may be made to rates higher than the average of the com- pensation rates of the grade but not more often than once in any fiscal year and then only to the next higher rate: Provided, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, (4) to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is per- mitted by the Classification Act of 1923, as amended, and is specif- ically authorized by other law; or (5) to reduce the compensation of any person in a grade in which only one position is allocated. 351 Office of Chief of Engineers. Provisos. Services of technical and clerical personnel Maximum expendi- tures, fiscal year 1941. Report to Congress. Aggregate. Proviso. No increase in cer- tain details. Civilians to fill va- cancies. 42 Stat. 1488 . 6U.S. C. I 661-674; Bupp. V, II 673, 673c. Post, p. 354. Salary restriction. Exception. Proeiso. Restriction not ap- plicable in designated cases. 42 Stat. 1490. 6U.S.C. 666.
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