Page:United States Statutes at Large Volume 61 Part 1.djvu/931

 61 STAT.] 80TH CONG. , IST SESS.-CH. 512 -AUG. 7, 1947 grades of colonel, lieutenant colonel, major, captain, and first lieu- tenant, respectively, is less than the number authorized in these grades in such promotion list, the additional number authorized in these sev- eral grades may be filled by the temporary appointment of qualified officers under the provisions of subsection (c) of this section. (b) Whenever under authorization from time to time made by the Congress the total number of officers serving on active duty (Regular Army officers and all officers of the Army of the United States or any component thereof ordered into active military service for extended Federal service in excess of thirty days) exceeds the authorized active list commissioned officer strength of the Regular Army, the Secretary of War shall determine the requirements in each of the several com- missioned grades based upon the total number of officers so serving on active duty and the tasks being performed by the Army and such requirements in each of such grades may be filled by the temporary appointment of qualified officers under the provisions of subsection (c) of this section: Provided, That unless a national emergency is declared after the date of this Act and before July 1, 1948, after such date and until a national emergency is thereafter declared, the total number of officers serving on active duty in grades above major general under any provision of law shall not exceed the limitation specifically set forth in section 504 of this title. (c) Within the limitations specified in subsections (a) and (b) of this section, any commissioned officer of the Regular Army, or of any of the Reserve components of the Army of the United States serving on active Federal duty, may be appointed in any temporary grade equal to or higher than his permanent grade without vacating his per- manent appointment or any temporary appointment held by him under this or any other provision of law, and any such officer now holding an appointment in any temporary grade equal to or higher than his permanent grade may be continued therein as though he had been appointed thereto under the provisions of this section. Action under this subsection shall be taken on a fair and equitable basis, regard being given to seniority, age, and selection based upon ability and efficiency under regulations prescribed by the Secretary of War. The President may, in his discretion, from time to time, in accordance with the needs of the service, adjust dates of rank in temporary grades. (d) To the extent provided from time to time by appropriations for this purpose, any officer of any Reserve component of the Army of the United States may, with his own consent, be ordered to active Federal duty for such length of time as the President may prescribe and in time of a national emergency expressly declared by Congress may be so ordered without his consent. The President may at any time relieve from active duty any Reserve officer who is serving on active duty. Any officer of any Reserve component ordered into or serving on active duty may, with his own consent, be temporarily appointed in a grade in the Army of the United States, either higher or lower than the grade held by him in such Reserve component, and such tem- porary appointment shall not affect the appointment and grade held by him in his Reserve component. (e) In time of emergency declared by the President, or by the Con- gress, and in time of war, the President is authorized to appoint qualified persons (including persons who hold no Regular Army or Reserve status) as temporary officers in the Army of the United States in any of the several commissioned officer grades, and persons so appointed may be ordered into the active military service of the United States to serve therein for such periods of time as the President may prescribe. The appointment of a temporary officer, if not sooner vacated, shall continue during the emergency or war in which the appointment was made and for six months thereafter. 907 Number exceeding authorized strength. Ante, p. 886. Appointment in temporary grade. Adjustment of dates of rank. Reserve compo. nelt5i. Federal duty, etc. Appointment of temporary officers.

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