55 STAT.] 77TH CONG. , 1ST SESS. - CH. 258-JUNE 28, 1941 [CHAPTER 258] AN ACT Making appropriations for the Department of State, the Department of Com- merce, the Department of Justice, and the Federal Judiciary, for the fiscal year ending June 30, 1942, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not other- wise appropriated, for the Department of State, the Department of Commerce, the Department of Justice, and the Federal Judiciary, for the fiscal year ending June 30, 1942, namely: TITLE I-DEPARTMENT OF STATE OFFICE OF THE SECRElARY OF STATE Salaries: For Secretary of State; Under Secretary of State, $10,000; counselor, $10,000; and other personal services in the District of Columbia, including temporary employees, and not to exceed $6,500 for employees engaged on piece work at rates to be fixed by the Secretary of State; $2,724,440: Provided, That in expending appropriations or portions of appropriations, contained in this Act, for the payment of personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the four Assistant Secretaries of State and the Legal Adviser of the Department of State, the Assistant to the Attor- ney General, the Assistant Solicitor General, and six Assistant Attorneys General, the Assistant Secretaries of Commerce, 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 specified 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 compensation 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 conpensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, or (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, or (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 permitted by the Classification Act of 1923, as amended, and is specifically author- ized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated. National defense activities: For all necessary expenses to enable the Secretary of State during the fiscal year 1942 to continue to per- form functions or activities contemplated by section 6 of the Act entitled "An Act to expedite the strengthening of the national defense", approved July 2, 1940, for the performance of which, during the fiscal year 1941, the Secretary of State received allocations of funds from the appropriation "Emergency fund for the President" contained in the Military Appropriation Act, 1941, including the objects for which and subject to the conditions under which such allocations were expended during the fiscal year 1941, $150,000. June 28, 1941 [H. R. 4276] [Public Law 135] Department of State Appropriation Act, 1942. Post, pp . 754, 834. ProMisos. Salary restriction. 42 Stat. 1488. 5U . c.C§661-674. Post, p . 613. Exceptions. Restriction not ap- plicable In (ldsignated cases. 42 Stat. 1490. 5 U.S .C. §666. National defense ac- tivities. 54 Stat. 714 . 50U.S .C., app. § 70L 54 Stat. 377. 265
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