53 STAT.] 76TH CONG. , 1ST SESS.-CHS. 252 , 253-JUNE 30, 1939 SEc. 37. In expending appropriations or portions of appropria- tions, contained in this joint resolution, for the payment for per- sonal 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 any appropriation unit herein shall not at any time exceed the average of the compen- sation 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: 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, 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 authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated. SEC. 38 . Any Administrator or other officer named to have gen- eral supervision at the seat of government over the program and work contemplated under the appropriations contained in this joint resolution and receiving a salary of $5,000 or more per annum from such appropriations, and any State or regional administrator receiv- ing a salary of $5,000 or more per annum from such appropriations (except persons now serving as such under other law) shall be appointed by the President, by and with the advice and consent of the Senate: Provided, That the provisions of section 1761 of the Revised Statutes shall not apply to any such appointee and the salary of any person so appointed shall not be increased for a period of six months after confirmation. Approved, June 30, 1939. [CHAPTER 2531 AN ACT Making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1940, 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 Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1940, namely: TITLE I-DEPARTMENT OF AGRICULTURE OFFIE OF THE SECRETARY SALARTES For the Secretary of Agriculture, Under Secretary of Agriculture, Assistant Secretary, and for other personal services in the District of Columbia, and elsewhere, $581,920: 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 Assistant Secretary, the average of the salaries of 98907--39 - -PT 2-28 939 Personal services. Salaries limited to average rates under Classification Act. 42 Stat. 1488. 5U. S. C. §5661- 674; Supp. IV , §§673, 673e. If only one position in grade. Proviso. Restriction not ap- plicable to clerical- mechanical service. No reduction in fixed salaries. 42 Stat. 1490. 5U.S.C. 666. Transfer without re- duction. Higher rates per- mitted. If only one position in a grade. Federal, State, or regional administra- tors;appointmentpro- visions. Proiso. Recess appointees; salary status. R. S. § 1761. 6 U.S.C. § 56. June 30, 1939 [H. R . 52689 [Public. No. 159] Department of Ag- riculture Appropria- tion Act, 1940. Salaries. Proci. Salaries limited to average rates under Classification Act; ex- ception. 42 Stat. 1488. 5U. . C. 1661 -674; Supp. IV, It 673, 673c
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