55 STAT.] 77TH CONG. , IsT SESS.-CH. 269-JULY 1, 1941 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, 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. 702. No part of any appropriation contained in this Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve of the nomination of said person. SEC. 703. No part of any appropriation contained in this Act or authorized hereby to be expended shall be used to pay the compensa- tion of any officer or employee of the Government of the United States, or of any agency the majority of the stock of which is owned by the Government of the United States, whose post of duty is in continental United States unless such officer or employee is a citizen of the United States or a person in the service of the United States on the date of the approval of this Act who being eligible for citizenship has filed a declaration of intention to become a citizen or who owes allegiance to the United States. SEC. 704. No part of any appropriation contained in this Act shall be used to pay the salary or wages of any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Pro- vided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or vio- lence: Provided further, That any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appro- priation contained in this Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Providedfurther, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law. SEC. 705. This Act may be cited as the "Labor-Federal Security Appropriation Act, 1942". Approved, July 1, 1941. 497 Provimo. Restriction not ap- plicable in designated cases. 42 Stat. 1490. 6U.S. . . §66 Nominees not ap- proved by Senate. Citizenship require- ment. Persons advocating overthrow of U. S . Government. Provisoa. Affidavit. Penalty. Short title. 278941--42-PT . I- --82
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