PUBLIC LAWS-CHS. 236 , 237-MAY 17, 1938 Average salaries in designated offices not to be exceeded. 6U.S. .§ 661-674; Supp. II, § 673, 673c. Proviso. Not applicable to clerical-mechanical service. 42 Stat. 1490. U.S. 0. § 666. Transfer without re- duction. Higher salary rates permitted. If only one position In a grade. Legislative Pay Act of 1929. 46 Stat. 32. 2U.S.C.i60a. Determination of pay rate and designa- tion o office. Short title. May 17, 1938 [H.R. 9226] [Public, No. 627] SEo. 3. In expending appropriations or portions of appropriations contained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, the average of the salaries of the total number of persons under any grade in the Botanic Garden, the Library of Congress, or the Government Printing Office, 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 com- pensation 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, 32 and 4 of the clerical-mechanical service; (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 trans- ferred 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 permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law; or (5) to reduce the compen- sation of any person in a grade in which only one position is allocated. SEC. 4. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is specifically appropriated for herein or whenever the rate of compensation or designation of any position specifically appropriated for herein is different from that specifically established for such position by such Act, the rate of com- pensation and the designation of the position, or either, specifically appropriated for herein, shall be the permanent law with respect thereto; and the authority for any position specifically established by such Act which is not specifically appropriated for herein shall cease to exist. SEC. 5. This Act may be cited as the "Legislative Branch Appro- priation Act, 1939". Approved, May 17, 1938. [CHAPTER 237] AN ACT To amend the Act of March 9, 1928, authorizing appropriations to be made for the disposition of remains of military personnel and civilian employees of the Army, and for other purposes. Amy Be it enacted by the Senate and House of Representatives of the Disposition of United States of America in Congress assembled, That the Act ms and o v mtfiar- entitled "An Act to authorize appropriations to be made for the employees. disposition of remains of military personnel and civilian employees 15 Sta. 251 . of the Army", approved March 9, 1928, is hereby amended to read Funeral expanses; as follows: "That there is hereby authorized to be appropriated from tune to time such sums as may be necessary for funeral expenses of the persons hereinafter designated, to be expended under such inregulations as the Secretary of War may prescribe. Itemsided. SEC. 2 . Authorized funeral expenses shall include the expenses of, and incident to, the recovery of bodies, cremation (only upon the request of relatives of the deceased), preparation for burial, trans- portation to the home of the deceased or to a national or other cemetery designated by proper authority, and interment. 398 [52 STAT.
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