80TH CONG., 2n SESS.- CH. 83 -FEB . 28, 1948 45 officer recommended pursuant to this subsection may be made without regard to length of service, without examination, and without vacating his permanent appointment, and shall carry with it the pay and allowances of the grade to which promoted. Such promotions may be terminated at any time, as may be directed by the President. "(1) Whenever the number of officers of the Regular Corps on Number exceeding active duty, plus the number of officers of the Reserve Corps who 8uthorizedstrength. have been on active duty for thirty days or more, exceeds the author- ized strength of the Regular Corps, the Administrator shall deter- mine the requirements of the Service in each grade in each category, based upon the total number of officers so serving on active duty and the tasks being performed by the Service; and the Surgeon General shall thereupon assign each officer of the Reserve Corps on active duty to a professional category. If the Administrator finds that the number of officers fixed under section 209 (c) for any grade Ante, p. 42. and category (or the number of officers, including officers of the Reserve Corps, on active duty in such grade in such category, if such number is greater than the number fixed under section 209 (c)) is insufficient to meet such requirements of the Service, officers of either the Regular Corps or the Reserve Corps may be recommended for temporary promotion to such grade in such category. Any such pro- motion may be terminated at any time, as may be directed by the President. " (m) Any officer of the Regular Corps, or any officer of the Reserve Aceptance pro- Corps on active duty, who is promoted to a higher grade shall, unless otio he expressly declines such promotion, be deemed for all purposes to have accepted such promotion; and shall not be required to renew his oath of office, or to execute a new affidavit as required by the Act of December 11, 1926, as amended (5 U. S . C . 21a)." 44 Stat. 918. (b) Except as provided in subsection (d) of this section, no promo- In fr a- tion shall be made under section 210 of the Public Health Service Act, as amended by this Act, prior to July 1, 1948. Until that date officers Ante, p. 42. of the Regular Corps may receive temporary promotions to higher grades with the pay and allowances thereof pursuant to section 210 (a) (1) of the Public Health Service Act, in force prior to the enact- ment of this Act, notwithstanding the termination, prior to such date, of the war and of the national emergencies proclaimed by the President. Any officer holding, on June 30,1948, an appointment pursuant to such section to a higher temporary grade shall continue in such grade until such appointment is terminated, as the President may direct. (c) Effective as of the date of the enactment of this Act, each officer Additional servioe of the Regular Corps on such date, in addition to the credit he has creit. under preexisting legislation for purposes of promotion, shall be credited with three years of service. (d) (1) Officers of the Regular Corpswho have, or who on or before Iorassistant. July 1, 1948, will have, the years if service prescribed in paragraph (2) of section 210 (d) of the Public Health Service Act, as amended by Ante, p . 4^ this Act, for promotion to the senior assistant, full, or senior grade, shall be recommended to the President for such promotion, to be effective as of July 1, 1948, whether or not vacancies exist in such grade. Such promotions shall be made without examination, except that no promotions shall be made to the senior grade or any grade immediately below a restricted grade until the officer is found qualified for promo- tion pursuant to subsection (c) of section 210 of the Public Health Ant p. 43 Service Act, as amended by this Act. No promotion shall be made strtedgrs dre pursuant to this paragraph to any grade in any professional category if such grade has been made a restricted grade pursuant to subsection (b) of section 210 of the Public Health Service Act, as amended by An'tp.- 4 2 this Act. For purposes of seniority an officer promoted under this Creditg o1IfI paragraph shall be credited with the years of service in the grade to 62 STAT.]
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