THE ARMY AIR SERVICE

MONDAY, MAY 10, 1926

UNITED STATES SENATE,
COMMITTEE ON MILITARY AFFAIRS,

Washington, D. C.

The committee met, pursuant to call, at 2.30 o'clock p. m., in the committee room, Capitol, Senator James W. Wadsworth (chairman) presiding.

The CHAIRMAN. The committee will be in order. We have before us House bill 10827, "An act to provide more effectively for the national defense and increasing the efficiency of the Air Corps of the Army of the United States, and for other purposes.

The bill, as reported to the Senate, reads as follows:

[H. R. 10827, Sixty-ninth Congress, first session]

AN ACT To provide more effectively for the national defense by increasing the efficiency of the Air Corps of the Army of the United States, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes,' approved June 3, 1916, as amended, be, and the same is hereby, amended so that the Air Service referred to in that Act and in all subsequent Acts of Congress shall be known as the Air Corps.

SEC. 2. COMPOSITION OF THE AIR CORPS.-That section 13a of the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, as amended, be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

"SEC. 13a. AIR CORPS.-There is hereby created an Air Corps. The Air Corps shall consist of one Chief of the Air Corps, with the rank of major general; three assistants, with the rank of brigadier general; one thousand five hundred and fourteen officers in grades from colonel to second lieutenant, inclusive; and sixteen thousand enlisted men, including not to exceed two thousand five hundred flying cadets, such part of whom as the President may direct being formed into tactical units or bands, organized as he may prescribe: Provided, That at least 90 per centum of the officers in each grade below that of brigadier general and at least two brigadier generals That, in time of peace, the Chief of the Air Corps, at least two brigadier generals and at least 90 per centum of the officers in each grade below that of brigadier general shall be flying officers: Provided_further, That hereafter in time of peace in order to insure that the commissioned officers of the Air Corps shall be properly qualified flying officers and, for the purpose of giving officers of the Army an opportunity to so qualify, the Secretary of War is hereby authorized to detail to the Air Corps officers of all grades and such officers shall start flying training immediately upon being so detailed, but hereafter such officers shall not remain detailed to the Air Corps for a period in excess of one year or be permanently commissioned therein unless they qualify as flying officers, or are specifically recommended by the Chief of the Air Corps for longer detail or for permanent commission therein: And provided further, That nothing in this Act shall be construed to limit the number of officers in each grade that may be detailed to the Air Corps for training as flying officers except that the total numbers of officers allotted to the Air Corps shall not be exceeded.

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Flying units shall in all cases be commanded by flying officers. Wherever used in this Act a flying officer in time of peace is defined as one who has received an aeronautical rating as a pilot of service types of aircraft and who has flown in heavier than air craft a total of not less than one hundred and and fifty hours, seventy five of which must be alone or who has flown in lighter than air craft a total of not less than one hundred hours and has successfully completed the course prescribed by competent authority and in time of war may include ene an officer who has received an aeronautical rating as observer. Officers and enlisted men of the Army shall receive an increase of 50 per centum of their pay when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent aerial flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President; and hereafter no person shall receive additional pay for aviation duty except as prescribed in this section: Provided, That nothing in this Act shall be construed as amending existing provisions of law relating to flying cadets. On and after July 1, 1929, and in time of peace, not less than 20 per centum of the total number of pilots emlpoyed in tactical units of the Air Corps shall be enlisted men, except when the Secretary of War shall determine that it is impractical to secure that number of enlisted pilots.

"Enlisted men of all grades in the Air Corps who have demonstrated their fitness and shown that they possess the necessary technical qualifications therefor and are engaged upon the duties pertaining thereto may be rated as air mechanie, first class, or air mechanie, second class, under such regulations as the Secretary of War may prescribe. Each enlisted man while holding the rating of air mechanie, first class, and performing the duties as such shall receive an increase of 40 per centum of the pay of his grade, and each enlisted man while holding the rating of air mechanie, second class, and performing the duties as such shall receive an increase of 20 per eentum of the pay of his grade: Provided, That such number as the Secretary of War may determine as necessary, not to exceed 14 per centum of the total authorized enlisted strength of the Air Corps, shall be rated as air mechanies, first class, or air mechanies, second class, and that the number of enlisted men rated as air mechanies, first class, shall be to the number of enlisted men rated as air mechanies, second class, approximately in the ratio of one to two."

SEC. 3. TEMPORARY RANK FOR AIR CORPS OFFICERS.-When a shortage of field officers in the Air Corps exists the Secretary of War is hereby authorized, under such regulations as he may prescribe, to appoint officers of the Air Corps to temporary rank in the field grades, and while holding such temporary rank such officers shall be entitled to pay and allowances of the grade to which they are temporarily appointed: Provided, That such temporary rank is limited to ene grade two grades above the permanent rank of the officer appointed: Provided further, That no officer shall be temporarily advanced in rank as contemplated in this section unless the Chief of the Air Corps certifies that no officers of suitable permanent rank are available for such assignment: And provided further. That no officer holding temporary rank under the provisions of this section shal be eligible to command outside of his own corps except by seniority under hipermanent commission.

SEC. 4. CORRECTION OF PROMOTION LIST.-That the Secretary of War be, and he is hereby, directed to investigate and study the alleged injustices which exist in the promotion list of the Army and to submit to Congress on the second Monday in December, 1926, this study, together with his recommendations for changes, if any, in the present promotion list.

SEO. 5. AIR SECTIONS OF THE GENERAL STAFF. That section 5 of the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, as amended, be, and the same is hereby, amended by adding the following paragraph at the end thereof:

"There is hereby created in each of the divisions of the War Department General Staff an Air Section, the duties of which shall be to consider and recommend proper aetion on such air matters as may be referred to such division.

SEC. 65. FLYING PAY.-That section 20 of the Act of June 10, 1922 (Fortysecond Statutes, page 632), as amended, be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

"SEC. 20. That all officers, warrant officers, and enlisted men of all branches of the Army, Navy, Marine Corps, and Coast Guard, when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent flights as defined by such Executive orders as have hereto

fore been, or may hereafter be, promulgated by the President, shall receive the same increase of their pay and the same allowance for traveling expenses as are authorized for the performance o: like duties in the Army. Exclusive of the Army Air Corps, and student aviators and qualified aircraft pilots of the Navy, Marine Corps, and Coast Guard, the number of officers of any of the services mentioned in the title of this Act, who may be required by competent authority to participate regularly and frequently in aerial flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President shall not at any one time exceed 1 per centum of the total authorized commissioned strength of such service. Officers, warrant officers, and enlisted men of the National Guard participating in exercises or performing duties provided for by sections 92, 94, 97, and 99 of the National Defense Act, as amended, and of the Reserves of the services mentioned in the title of this Act called to active duty shall receive an increase of 50 per centum of their pay when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent aerial flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President and when such flying involves travel they shall also receive the same allowances for traveling expenses as are or hereafter may be authorized for the Regular Army: Provided, That when officers, warrant officers, and enlisted men of the National Guard are entitled to armory drill pay, the increase of 50 per centum thereof herein provided shall be based on the entire amount of such armory drill pay to which they shall be entitled for a calendar month or fractional part thereof, and the required aerial flights may be made at ordered drills of an Air Service organization, or at other times when so authorized by the President. Regulations in execution of the provisions of this section shall be made by the President and shall, whenever practicable in his judgment, be uniform for all the services concerned.

SEC. 76. APPOINTMENT OF CHIEF OF THE AIR CORPS.-That the third sentence of section 4c of the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, as amended, be, and the same is hereby, amended by adding thereto the following:

"And provided further, Any appointment as chief of the Air Corps shall be made from among officers of not less than twenty two years' commissioned service, and from those who have demonstrated by actual and extended service in such corps that they are qualified for such appointment; and as assistants from among officers of not less than fifteen years' commissioned service of similar qualifications That during the period of seven years immediately following the approval of this section, any appointment as chief of the Air Corps shall be made from among officers of any grade of not less than fifteen years' commissioned service; and as assistants from among officers of any grade of not less than fifteen years' commissioned service: Provided, That the Chief of the Air Corps shall make recommendations to the Secretary of War for the appointment of his assistants."

SEO. 8. ENCOURAGEMENT OF COMMERCIAL AVIATION. For the purpose of encouraging the development of commercial aeronauties in the United States, its territories and its possessions, the Secretary of War is authorized to make available War Department facilities for aviation and to cooperate with the owners or operators of private or commercial aircraft, under such regulations as may be prescribed by him. This cooperation may include, in emergencies, the sale at cost, plus 10 per centum, of fuel, oil, equipment, and other necessary supplies and the furnishing, at rates to be determined by him, of services and temporary storage space. All money received under the provisions of this section shall be paid into the Treasury of the United States, and an amount equivalent to the amount received shall be eredited to the eurrent appropriation or appropriations from which the property sold or services rendered was authorized to be supplied at the time of the transaction, and such eredits to appropriations shall be available for expenditure throughout the current fiscal year and the fiscal year following.

SEC. 9. PROMDITED AREAS. The President is hereby authorized to fix and de termine, for military reasons, prohibited areas in the United States, its territories and its possessions, over which aircraft shall not fly. He shall presseribe and publish such rules and regulations as may be necessary in regard to such prohibited areas, including suitable descriptions and maps when necessary.

SEC. 10 7. FIVE-YEAR AIR CORPS PROGRAM. For the purpose of increasing the efficiency of the Air Corps of the Army and for its further development the following five-year program is authorized:

PERSONNEL. The number of promotion-list officers now authorized by law in the grade of second lieutenant of the Regular Army is hereby increased by

four hundred and three, and the number of enlisted men now authorized by law for the Regular Army is increased by six thousand two hundred and forty. The present allotment of officers to the Air Corps is hereby authorized to be increased by four hundred and three officers distributed in grades from colonel to second lieutenant, inclusive, and the present allotment of enlisted men to the Air Corps is hereby increased by six thousand two hundred and forty enlisted men shall be increased to a total of fifteen thousand as rapidly as funds are provided by Congress for recruiting, paying, subsisting, clothing, equipping, and otherwise maintaining enlisted men over and above one hundred and eighteen thousand seven hundred and fifty, not including the Philippine Scouts. The President is authorized to call to active service, with their consent, such number of Air Corps reserve officers as he may deem necessary, not to exceed five hundred and fifty, 90 per centum of whom shall serve for periods of not less than six months or more than one year, and 10 per centum for periods of not less than one or more than two years: Provided, That nothing contained in this section shall affect the number of reserve officers that may be called to active duty for periods of less than six months under existing law.

EQUIPMENT.-The Secretary of War is hereby authorized to equip and maintain the Air Corps with not to exceed one thousand eight hundred serviceable airplanes, ten airships, and such number of free and captive balloons as he may determine to be necessary for training purposes, together with spare parts, equipment, supplies, hangars, and installations necessary for the operation and maintenance thereof. In order to maintain the number specified above, the Secretary of War is hereby authorized to replace obsolete or unserviceable aircraft from time to time: Provided, That the necessary replacement of airplanes shall not exceed approximately four hundred annually: Provided, That the total number of airplanes and airships herein authorized shall be exclusive of those waiting salvage or undergoing experiment or service tests tests, those authorized by the Secretary of War to be placed in museums and those classified by the Secretary of War as obsolete: And provided further, That the total number of planes authorized in this section shall include the number necessary for the training and equipment of the National Guard and the training of the Organized Reserves as may be determined by the Secretary of War.

METHOD OF INCREASE. The total increase in personnel and equipment authorized herein shall be distributed over a five-year period beginning July 1, 1926 1927. Not to exceed one-fifth of the total increase shall be made during the first year, and the remainder in four approximately equal increments. The President shall submit to Congress annually estimates of the cost of carrying out the five year program authorized herein: Provided, That a supplemental estimate for the fiscal year ending June 301927, shall be submitted to cover the cost of the first annual increment.

SEE. H. SECOND ASSISTANT SECRETARY OF WAR. The office of the Second Assistant Secretary of War is hereby established, at a salary of $7,500 per annum. The Second Assistant Secretary of War shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties with reference to aviation and such other duties as the Secretary of War may direct.

Sec. 8. That section 5a of the National Defense Act, as amended, be, and the same is hereby, amended by adding at the end of said section 5a the following:

"There is hereby created in the War Department the office of Second Assistant Secretary of War. The Second Assistant Secretary of War shall be appointed by the President, by and with the advice and consent of the Senate. He shall, under the direction of the Secretary of War, be charged with the supervision of the Air Corps and the coordination of its activities with other governmental agencies and, in addition, such other duties as may be assigned to him by the Secretary of War. The Second Assistant Secretary of War shall receive a salary of $7,500 per annum. There shall be detailed to the office of the Second Assistant Secretary of War from the Air Corps such number of officers and civilian employees as may be authorized by regulations approved by the Secretary of War.

SEC. 9. Hereafter, when in the opinion of the Secretary of War the interests of the United States will be best served thereby, aircraft, aircraft engines, aircraft accessories and equipment may be purchased without competitive bidding. That in placing contracts for any or all of such material preference shall be given to contractors who maintain engineering and design staffs of reasonable size and keep them actice: Provided, That the Secretary of War may purchase at an agreed price proprietary or unpatentable design rights, or in placing contracts for such articles the value of such proprietary or unpatentable design rights may be considered as an additional item over and above the production price of such material and the contractor may be paid an agreed sum to cover the value to the United States of such rights. In all cases the

decision of the Secretary of War shall be final and conclusive in the absence of fraud or collusion.

SEC. 10. That the President be, and he is hereby, authorized to present, but not in the name of Congress, a medal to be known as the soldier's medal, of appropriate design and a ribbon, together with a rosette or other device to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States, shall hereafter distinguish himself, or herself, by heroism or extraordinary achievement not involving actual conflict with an enemy.

No more than one soldier's medal shall be issued to any one person; but for each succeeding deed or act sufficient to justify the award of the soldier's medal the President may award a suitable bar, or other suitable device, to be worn as he shall direct.

The Secretary of War be, and he is hereby, authorized to expend from the appropriations for contingent expenses of his department from time to time, so much as may be necessary to defray the cost of soldiers' medals, ribbons, bars, rosettes, and other devices hereinbefore provided for.

Whenever a medal, bar, ribbon, rosette, or other device presented under the provisions of this section shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was awarded, such medal, bar, ribbon, rosette, or device shall be replaced without charge therefor.

Except as otherwise prescribed herein, no medal, or bar, or other suitable device in lieu of said medal, shall be issued to any person after more than three years from the date of the Act justifying the award thereof, nor unless a specific statement or report distinctly setting forth the heroism or extraordinary achievement and suggesting or recommending official recognition thereof shall have been made at the time of the heroism or extraordinary achievement or within_two years thereafter, nor unless it shall appear from official records in the War Department that such person has so distinguished himself as to entitle him thereto; but in case an individual who shall distinguish himself dies before the making of the award to which he may be entitled, the award may nevertheless be made and the medal or bar or other emblem or device presented, within three years from the date of the act justifying the award thereof, to such representative of the deceased as the President may designate; but no medal, bar, or other device, hereinbefore authorized, shall be awarded or presented to any individual whose entire service subsequent to the time he distinguished himself shall not have been honorable.

The President be, and he is hereby, authorized to delegate, under such conditions, regulations, and limitations as he shall prescribe, to commanding generals, the power conferred upon him by this section to award the soldier's medal, and he is further authorized to make from time to time any and all rules, regulations, and orders which he shall deem necessary to carry into effect the provisions of this Act and to execute the full purpose and intention thereof.

SEC. 11. The President is hereby authorized to present, but not in the name of Congress, a distinguished flying cross of appropriate design, and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Air Corps of the Army since the 6th day of April, 1917, has distinguished, or who, after the approval of this Act, distinguishes himself by extraordinary heroism while participating in an aerial flight. No more than one distinguished flying cross shall be issued to any one person, but for each succeeding act or service sufficient to justify the award of a distinguished flying cross the President may award a suitable bar or other suitable device to be worn as he shall direct. Whenever a cross, bar, ribbon, rosette, or other device presented under the provisions of this section has been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was awarded, such cross, bar, ribbon, rosette, or device shall be replaced without charge therefor. In case an individual who distinguishes himself dies before the making of the award to which he may be entitled, the award may nevertheless be made and the cross or the bar or other device presented to such representative of the deceased as the President may designate, but no cross, bar, or other device hereinbefore authorized shall be awarded or presented to any individual whose entire service subsequent to the time he distinguishes himself has not been honorable.

The President is hereby authorized to delegate, under such conditions, regulations, and limitations as he shall prescribe, to the commanding general of a separate army or higher unit in the field, the power conferred upon him by this section to award the distinguished flying cross; and he is further authorized to make from time to time all rules, regulations, and orders which he deems necessary to carry into effect the provisions of this section.

The Secretary of War is hereby authorized to expend from the appropriation for contingent expenses of the War Department from time to time so much as may be