80rH CONG., 2D SESS. - CH. 83 -FEB . 28, 1948 of section 2 of the Public Health Service Act, as amended (42 U. S . C ., ch. 6A), is amended by inserting immediately after the semicolon at the end thereof the words "isonipecaine and its derivatives, com- pounds, salts, and preparations; opiates (as defined in section 3228 (f) of the Internal Revenue Code) ;". SEC. 2. Section 203 of such Act is amended by striking out the last sentence thereof. SEC. 3. Section 205 of such Act is amended by redesignating sub- section (c) as subsection (d) and inserting after subsection (b) the following new subsection: "(c) The Surgeon General, with the approval of the Adminis- trator, is authorized to create special temporary positions in the grade of Assistant Surgeons General when necessary for the proper staffing of the Service; but the number of such special temporary positions, when added to the eight positions created by section 204 and sub- sections (a) and (b) of this section, shall not on any day exceed three-fourths of 1 per centum of the highest number, during the ninety days preceding such day, of officers of the Regular Corps on active duty and officers of the Reserve Corps on active duty for more than thirty days. The Surgeon General may assign officers of either the Regular Corps or the Reserve Corps to any such special temporary positions, and while so serving they shall each have the title of Assistant Surgeon General." SEC. 4 . (a) The first sentence of subsection (a) of section 206 of such Act is amended to read: "The Surgeon General, during the period of his appointment as such, shall be of the same grade, with the same pay and allowances, as the Surgeon General of the Army; and the Deputy Surgeon General, while assigned as such, shall have the grade corresponding with the grade of major general, with the same pay and allowances. Assistant Surgeons General, while assigned as such, shall have the grade, with the pay and allowances thereof, corresponding with either the grade of brigadier general or the grade of major general, as may be determined by the Adminis- trator after considering the importance of the duties to be performed: Provided, That the number of Assistant Surgeons General having a grade higher than that corresponding to the grade of brigadier gen- eral shall at no time exceed one-half of the number of positions created by subsection (b) of section 205 or pursuant to subsection (c) of such section." (b) Such section is further amended by adding at the end thereof the following new subsections: "(c) Any commissioned officer below the grade of director who is assigned to serve as chief of a division shall, for the duration of such assignment, have the grade of director and receive the pay and allowances applicable to such grade. "(d) Within the total number of officers of the Regular Corps authorized by the appropriation Act or Acts for each fiscal year to be on active duty, the Administrator shall by regulation prescribe the maximum number of officers authorized to be in each of the grades from the junior assistant grade to the director grade, inclusive. Such numbers shall be determined after considering the anticipated needs of the Service during the fiscal year, the funds available, the number of officers in each grade at the beginning of the fiscal year, and the anticipated appointments, the anticipated promotions based on years of service, and the anticipated retirements during the fiscal year. The number so determined for any grade for a fiscal year may not exceed the number limitation (if any) contained in the appropriation Act or Acts for such year. Such regulations for each fiscal year shall be prescribed as promptly as possible after the appropriation Act fixing the authorized strength thehe corps for that year, and shall be 58 Stat. 683. 42U. S. C. §201 (j). 60 Stat. 38 . 26U.S.C.§3228(); Supp. 1, § 3228 note. 58 Stat. 683. 42U.S.C. 204. 58 Stat. 684. 42U.S.C. 206. Special temporary positions. 58 Stat. 684. 42U.S.C.§§205, 206 (a), (b). 58 Stat. 684 . 42U.S. C. §207 (a). Surgeon General. Deputy Surgeon General and Assistant Surgeons General. 58 Stat. 684. 42 U. S. 0. 206(b). Supra. Officer below grade of director. Authorized num- bers. 62 STAT.] 39
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