alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca plant; all compounds, salts, preparations, or other derivatives obtained either from the raw material or from the various alkaloids; Indian hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; and

(k) The term "addict" means any person who habitually uses any habit-forming narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction.

TITLE II-ADMINISTRATION

PUBLIC HEALTH SERVICE

SEO. 201. The Public Health Service in the Federal Security Agency shall be administered by the Surgeon General under the supervision and direction of the Administrator.

ORGANIZATION

SEC. 202. The Service shall consist of (1) the Office of the Surgeon General, (2) the National Institute of Health, (3) the Bureau of Medical Services, and (4) the Bureau of State Services. The Surgeon General is authorized and directed to assign to the Office of the Surgeon General, to the National Institute of Health, to the Bureau of Medical Services, and to the Bureau of State Services, respectively, the several functions of the Service, and to establish within them such divisions, sections, and other units as he may find necessary; and from time to time abolish, transfer, and consolidate divisions, sections, and other units and assign their functions and personnel in such manner as he may find necessary for efficient operation of the Service. The Surgeon General may delegate to any officer or employee of the Service such of his powers and duties, hereinafter in this Act prescribed, except the making of regulations, as he may deem necessary or expedient.

COMMISSIONED CORPS

SEC. 203. The commissioned corps in the Service shall consist of commissioned officers of the Regular Corps and commissioned officers of the Reserve Corps. All such officers shall be citizens and shall be appointed without regard to the civilservice laws and compensated without regard to the Classification Act of 1923, as amended. Commissioned officers of the Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by him by and with the advice and consent of the Senate. Commissioned officers of the Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training and active duty for the purpose of determining their fitness for appointment in the Regular Corps. All active service in the Reserve Corps, as well as service in the Regular Corps, shall be credited for the purpose of promotion in the Regular Corps.

SURGEON GENERAL

SEC. 204. The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular Corps that he would have occupied had he not served as Surgeon General.

DEPUTY SURGEON GENERAL AND ASSISTANT SURGEONS GENERAL

SEC. 205. (a) The Surgeon General shall assign one commissioned officer from the Regular Corps to administer the Office of the Surgeon General, to act as Surgeon General during the absence or disability of the Surgeon General or in the event of a vacancy in that office, and to perform such other duties as the Surgeon General may prescribe, and while so assigned he shall have the title of Deputy Surgeon General.

(b) The Surgeon General shall assign six commissioned officers from the Regular Corps to be, respectively, the Director of the National Institute of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical

Services, the Chief Medical Officer of the United States Coast Guard, the Chief Dental Officer of the Service, and the Chief Sanitary Engineering Officer of the Service, and while so serving they shall each have the title of Assistant Surgeon General.

(c) The Surgeon General shall designate the Assistant Surgeon General who shall serve as Surgeon General in case of absence or disability, or vacancy in the offices, of both the Surgeon General and the Deputy Surgeon General.

GRADES, RANKS, AND TITLES OF THE COMMISSIONED CORPS

SEC. 206. (a) 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 Regular Army of the United States; and the Deputy Surgeon General and Assistant Surgeons General, while assigned as such, shall have the grade corresponding with the grade of Brigadier General, with the same pay and allowances. The grades of commissioned officers of the Service shall correspond with grades of officers of the Regular Army of the United States as follows:

(1) Officers of the director grade-colonel;

(2) Officers of the senior grade-lieutenant colonel;

(3) Officers of the full grade-major;

(4) Officers of the passed assistant grade-captain;

(5) Officers of the assistant grade-first lieutenant; and

(6) Officers of the junior assistant grade-second lieutenant.

(b) The titles of medical officers of the foregoing grades shall be respectively (1) medical director, (2) senior surgeon, (3) surgeon, (4) passed assistant surgeon, (5) assistant surgeon, and (6) junior assistant surgeon. The President is authorized to prescribe titles, appropriate to the several grades, for commissioned officers of the Service other than medical officers. All titles of the officers of the Reserve Corps shall have the suffix "Reserve."

SPECIAL TEMPORARY POSITIONS

SEC. 207. (a) When necessary for the accomplishment of important temporary work, the President may establish special temporary positions in the Service and prescribe grades which shall be applicable to officers during periods they are assigned to such positions. While assigned to any such position an officer shall receive the pay and allowances applicable to the grade so prescribed. Not more than three such positions existing at any one time shall have the grade of Assistant Surgeon General. The Surgeon General shall assign commissioned officers to such positions.

(b) Commissioned officers and qualified technical or professional noncommissioned personnel may be assigned by the Surgeon General to be chiefs of administrative units. Such assignments shall not affect the pay of commissioned officers so assigned, except that when any commissioned officer below the grade of director is assigned to serve as chief of a division such officer during the period so assigned shall have the temporary grade and receive the pay and allowances applicable to the director grade.

APPOINTMENT OF PERSONNEL

SEC. 208. (a) (1) Except as provided in subsection (b) of this section, original appointments to the Regular Corps may be made only in the junior assistant, assistant, and passed assistant grades and original appointments to a grade above junior assistant shall be made only after passage of an examination (given in accordance with regulations of the President) in one or more of the several branches of medicine, surgery, dentistry, hygiene, sanitary engineering, pharmacy, or other specialties related to public health.

(2) Original appointments to the Reserve Corps may be made to any grade up to and including the director grade but only after passage of an examination (as prescribed by regulations). Reserve commissions shall be for a period of not more than five years and any such commission may be terminated by the President at any time, in his discretion.

(b) Whenever commissioned officers of the Service are not available for the performance of duties requiring highly specialized training and experience, the Administrator on recommendation of the Surgeon General shall report that fact

to the President and the President is authorized to appoint, by and with the advice and consent of the Senate, not to exceed three persons in any one fiscal year to grades in the Regular Corps of the Service above that of passed assistant, but not to a grade above that of director; and for purposes of pay and pay period any person appointed under the provisions of this section shall be considered as having had on the date of appointment service equal to that of the junior officer of the grade to which appointed.

(c) Pursuant to regulations, special consultants may be employed to assist and advise in the operation of the Service. Such consultants may be appointed without regard to the civil-service laws and their compensation may be fixed without regard to the Classification Act of 1923, as amended.

(d) Pursuant to regulations individual scientists, other than commissioned officers of the Service, may be designated by the Surgeon General to receive fellowships, appointed for duty with the Service without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended, may hold their fellowships under conditions prescribed therein, and may be assigned for studies or investigations either in this country or abroad during the terms of their fellowships.

(e) The appointment of any officer or employee of the Service made in accordance with the civil-service laws may be made effective as of the date on which such officer or employee enters upon duty.

PAY AND ALLOWANCES

SEC. 209. (a) Commissioned officers of the Regular Corps shall receive such pay and allowances as are or may hereafter be provided by law.

(b) Reserve officers shall receive the same pay and allowances when on active duty as commissioned officers of the Regular Corps, including allowances for travel and transportation of household goods and effects.

(c) In accordance with regulations commissioned officers of the Regular Corps and officers of the Reserve on active duty may make allotments from their pay and may be granted leaves of absence without any deduction from their pay. Such officers shall also be permitted to purchase quartermaster supplies from the Army, Navy, and Marine Corps at the same price as is charged officers of the Army, Navy, and Marine Corps.

(d) Female commissioned officers of the Service shall receive the same pay and allowances as male officers of corresponding grades, including allowances for dependents, except that no allowance shall be paid to any female commissioned officer on account of any dependent who is not in fact dependent upon such officer for his or her chief support. For the purposes of this subsection the term "dependent" shall include a husband, father, mother, and unmarried children (including stepchildren and adopted children) under twenty-one years of age. (e) Members of the National Advisory Health Council and members of the National Advisory Cancer Council, other than ex officio members, while attending conferences or meetings of their respective Councils or while otherwise serving at the request of the Surgeon General, shall be entitled to receive compensation at a rate to be fixed by the Administrator, but not exceeding $25 per diem, together with an allowance for actual and necessary traveling and subsistence expenses while so serving away from their places of residence.

(f) Field employees of the Service, except those employed on a per diem or fee basis, who render part-time duty and are also subject to call at any time for services not contemplated in their regular part-time employment, may be paid annual compensation for such part-time duty and, in addition, such fees for such other services as the Surgeon General may determine; but in no case shall the total paid to any such employee for any fiscal year exceed the amount of the minimum annual salary rate of the classification grade of the employee. (g) Whenever any commissioned or other officer or employee of the Service is assigned for duty which the Surgeon General finds requires intimate contact with persons afflicted with leprosy, he may receive, as provided by regulations of the President, in addition to the pay and any allowance, if any, of his grade, not more than one-half the pay of such grade, and allowances or increased allowances.

(h) Individuals appointed under section 208 (d) shall have included in their fellowships such stipends or allowances (including travel and subsistence expenses) as the Surgeon General may deem necessary to procure qualified fellows.

PROMOTIONS AND SEPARATION OF COMMISSIONED OFFICERS IN THE REGULAR CORPS

SEC. 210. (a) Promotions of commissioned officers of the Regular Corps to any grade up to and including the director grade shall be made only after examination given in accordance with regulations of the President and shall be made according to the same length of service as is now or may hereafter be prescribed for promotion of officers of corresponding grades of the Medical Corps of the Army, except that

(1) In time of war or national emergency proclaimed by the President, any commissioned officer of the Regular Corps may be appointed to a higher temporary grade with the pay and allowances thereof without examination and without vacating his permanent appointment;

(2) For purposes of promotion, an officer whose initial appointment to the Regular Corps was above the assistant grade shall be considered as having had on the date of such initial appointment service equal to that of the junior officer of the grade to which he was appointed, except that if his active commissioned service in the Service exceeds that of the junior officer of the grade, such service (not exceeding ten years for an officer appointed in the passed assistant grade and fourteen years for an officer appointed in the full grade) shall be credited for purposes of promotion; and

(3) Officers commissioned in the grade of junior assistant shall be examined for promotion after not more than two years of service and if qualified shall be promoted to the next higher grade.

(b) At the end of his first three years of service, the record of each commissioned officer in the Regular Corps initially appointed in or above the grade of passed assistant shall be reviewed in accordance with regulations of the President and if found not fully qualified for further service he shall be separated from the Service and paid six months' pay and allowances.

(c) When a commissioned officer in the Regular Corps is found, after examination, to be not qualified for promotion for reasons other than physical disability incurred in line of duty

(1) If below the full grade he shall be separated from the Service, and if in the assistant grade he shall be separated and paid six months' pay and allowances, and if in the passed assistant grade he shall be separated and paid one year's pay and allowances; and

(2) If in the full or senior grade he shall be reported as not in line of promotion, or shall be retired and paid at the rate of 21⁄2 per centum for each complete year of active commissioned service in the Service, but in no case to exceed 60 per centum of his active pay at the time he is retired.

PROMOTIONS OF OFFICERS OF THE RESERVE CORPS

SEC. 211. Officers of the Reserve Corps shall be promoted as provided in regulations prescribed by the President and shall be eligible for appointment to higher temporary grades in time of war or national emergency proclaimed by the President.

RETIREMENT OF COMMISSIONED OFFICERS

SEC. 212. (a) Commissioned officers retired for disability incurred in line of duty shall be entitled to receive 75 per centum of their active pay at the time of retirement, except that any officer so retired who at the time of his initial appointment was more than forty-five years of age and any officer of the Reserve Corps shall be entitled to receive pay only at the rate of 4 per centum of active pay at the time of retirement for each twelve months of active commissioned service in the Army, Navy, Coast Guard, or Public Health Service, the total to be not more than 75 per centum of such pay.

(b) A commissioned officer of the Public Health Service on active duty shall be retired on the 1st day of the month immediately following his sixty-fourth birthday. Any such officer, if he (1) is a member of the Regular Corps, or (2) has had a total of twenty years' active commissioned service, including any commissioned service in the Army, Navy, or Coast Guard, shall be retired at the same rate of pay he would have received under subsection (a) if on the same date he had been retired because of disability incurred in line of duty.

SIX MONTHS' PAY ON DEATH

SEC. 213. Upon official notification of the death occurring after December 6, 1941, from injury or disease, not the result of his or her own misconduct, of any commissioned officer of the Service on active duty, the Surgeon General shall cause to be paid from funds available for the pay of commissioned officers of the Service to the surviving spouse, or if there be none to the child or children (as defined by regulations), an amount equal to six months' pay at the rate received by such officer at the time of his or her death. If there be none of the foregoing relatives, the Surgeon General shall cause such amount to be paid to any other dependent relative of such commissioned officer, previously designated by such officer in accordance with regulations, or, in the absence of such designation, to any one or more of the grandparents, parents, sisters, and brothers determined by the Surgeon General to have been dependent upon such officer prior to his or her death, and such determination shall be final and conclusive upon the accounting officers of the Government. Payments under this section shall be in addition to all other benefits otherwise provided by law and the provision of section 7 of the Act of September 7, 1916, as amended (U. S. C., title 5, sec. 757) shall not be applicable to such payments.

DETAIL OF PERSONNEL

SEC. 214. (a) The Administrator is authorized, upon the request of the head of an executive department, to detail officers or employees of the Service to such department for duty as agreed upon by the Administrator and the head of such department in order to cooperate in, or conduct work related to, the functions of such department or of the Service. When officers or employees are so detailed their salaries and allowances may be paid from working funds established as provided by law or may be paid by the Service from applicable appropriations and reimbursement may be made as agreed upon by the Administrator and the head of the executive department concerned.

(b) Upon the request of any State, or political subdivision thereof, personnel of the Service may be detailed by the Surgeon General for the purpose of assisting such State or political subdivision in work related to the functions of the Service. (c) The Surgeon General may detail personnel of the Service to nonprofit educational, research, or other institutions engaged in health activities for special studies of scientific problems and for instruction of students and the dissemination of information relating to public health.

(d) Personnel detailed under subsections (b) and (c) shall be paid from applicable appropriations of the Service, except that, in accordance with regulations such personnel may be placed on leave without pay and paid by the State, subdivision, or institution to which they are detailed; but in any case their services while so detailed shall be considered as having been performed in the Service for purposes of longevity pay and promotion.

REGULATIONS

SEC. 215. (a) The President shall from time to time prescribe regulations with respect to the appointment, promotion, retirement, termination of commission, titles, pay, uniforms, allowances (including allowances for uniforms and increased allowances for foreign service), and discipline of the commissioned corps of the Service.

(b) The Surgeon General, with the approval of the Administrator, unless specifically otherwise provided, shall promulgate all other regulations necessary to the administration of the Service, including regulations with respect to travel, transportation of household goods and effects, allotments from their pay by commissioned officers, and uniforms for employees.

(c) No regulation relating to qualifications for appointment of medical officers or employees shall give preference to any school of medicine.

USE OF SERVICE IN EMERGENCY

SEC. 216. In time of actual war or emergency proclaimed by the President, he may utilize the Service to such extent and in such manner as shall in his judgment promote the public interest, and he may by Executive order declare the commissioned corps of the Service to be a military service. Upon such declaration, and during the period of such war or emergency or such part thereof as