Page:United States Statutes at Large Volume 62 Part 1.djvu/72

 PUBLIC LAWS-CH. 83 -FEB. 28, 1948 58 Stat. 685. 42U.S.C.§209(a) (1). Ante, p. 40. Assignment. Authorized number. Ante, p. 39. Excess of authorized number. Ante, p. 39. Temporary promo- tions, etc. Ante, p. 39. Ante, p. 39. Absence of vacancy. 5S Stat. f85. 42U.. .C. 209. Ante, p. 40. Vacancies. Ante, p. 39. 58 Stat. 687. 42U.S.C.§211. Promotions up to and including director grade. "Restricted grade." regulation divide the corps into professional categories. Each cate- gory shall, as far as practicable, be based upon one of the subjects of examination set forth in section 207 (a) (1) or upon a subdivision of such subject, and the categories shall be designed to group officers by fields of training in such manner that officers in any one grade in any one category will be available for similar duty in the discharge of the several functions of the Service. "(b) Each officer of the Regular Corps on active duty shall, on the basis of his training and experience, be assigned by the Surgeon General to one of the categories established by regulations under sub- section (a). Except upon amendment of such regulations, no assign- ment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has requested to be transferred, and that such transfer is in the interests of the Service. "(c) Within the limits fixed by the Administrator in regulations under section 206 (d) for any fiscal year, the Surgeon General shall determine for each category in the Regular Corps the maximum num- ber of officers authorized to be in each of the grades from the assistant grade to the director grade, inclusive. "(d) The excess of the number so fixed for any grade in any category over the number of officers of the Regular Corps on active duty in such grade in such category (including, in the case of the director grade, officers holding such grade in accordance with section 206 (c)) shall for the purpose of promotions constitute vacancies in such grade in such category. For purposes of this subsection, an officer who has been temporarily promoted or who is temporarily holding the grade of director in accordance with section 206 (c) shall be deemed to hold the grade to which so promoted or which he is temporarily holding; but while he holds such promotion or grade, and while any officer is temporarily assigned to a position pursuant to section 205 (c), the number fixed under subsection (c) of this section for the grade of his permanent rank shall be reduced by one. "(e) The absence of a vacancy in a grade in a category shall not prevent an appointment to such grade pursuant to section 207, a per- manent length of service promotion, or the recall of a retired officer to active duty; but the making of such an appointment, promotion, or recall shall be deemed to fill a vacancy if one exists. "(f) Whenever a vacancy exists in any grade in a category the Surgeon General may increase by one the number fixed by him under subsection (c) for the next lower grade in the same category, without regard to the numbers fixed in regulations under section 206 (d); and in that event the vacancy in the higher grade shall not be filled except by a permanent promotion, and upon the making of such promotion the number for the next lower grade shall be reduced by one." SEC. 6. (a) Section 210 of such Act is amended to read: "SEC. 210. (a) Promotions of officers of the Regular Corps to any grade up to and including the director grade shall be either permanent promotions based on length of service, other permanent promotions to fill vacancies, or temporary promotions. Permanent promotions shall be made by the President, by and with the advice and consent of the Senate, and temporary promotions shall be made by the President. Each permanent promotion shall be to the next higher grade, and shall be made only after examination given in accordance with regulations of the President. "(b) The President may by regulation provide that in a specified professional category permanent promotions to the senior grade, or 42 [62 STAT.

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