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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 h :reby, amended by adding thereto the following:

And provided further, Any appointment as ehief 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 aetual and extended service in sueh corps that they are qualified for such appointment; and as assistants from among offieers of not less than fifteen years' commissioned service of similar qualifieations 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.”

SEC. 8. ENCOURAGEMENT OF COMMERCHE AVIATION. For the purpose of encourag ing the development of commereiat aeronauties in the United States, its territories and its possessions, the Seeretary of War is authorized to make available War De partment facilities for aviation and to cooperate with the owners or operators of private or commereiał aireraft, under such regulations as may be preseribed by him. This cooperation may inelude, in emergencies, the sale at cost; plus 10 per centum, of fuet, oil, equipment, and other necessary supplies and the furnishing, at rates to be determined by him, of serviees and temporary storage space. Ah money received under the provisions of this seetion shall be paid into the Treasury of the United States, and an amount equivalent to the amount received shall be eredited to the current appropriation or appropriations from whieh the property sold or services rendered was authorized to be supplied at the time of the transaction, and seh eredits to appropriations shall be available for expenditure throughout the eurrent fiseat year and the fiseat year following:

See: 1. PROMBIEB ARBAS. The President is hereby authorized to fix and the termine, for military reasons, prohibited areas in the United States, its territories and its possessions, over which aireraft shalt Hot fy: He shalt presseribe and publish steh rules and regulations as may be necessary in regard to steh prohibited areas, ineluding suitable deseriptions 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 not authorized W law for the Regular Army is inereased by six thousand te hundred and fort: The present allotment of officers to the Air Corps is hereby authorized to be in creased by four hundred and three officers distributed in grades from colonel second lieutenant, inclusive, and the present allotment of enlisted men to the A Corps is hereby increased by six thousand two hundred and forty enlisted me shall be increased to a total of fifteen thousand as rapidly as funds are provided ! Congress for recruiting, paying, subsisting, clothing, equipping, and otherwimaintaining enlisted men over and above one hundred and eighteen thousand seve hundred and fifty, not including the Philippine Scouts. The President is authorize to call to active service, with their consent, such number of Air Corps reserv officers as he may deem necessary, not to exceed five hundred and fifty, 90 p centum of whom

shall serve for periods of not less than six months or more tha one year, and 10 per centum for periods of not less than one or more than tw years: Provided, That nothing contained in this section shall affect the number reserve officers that may be called to active duty for periods of less than six month under existing law.

EQUIPMENT. —The Secretary of War is hereby authorized to equip and mail tain the Air Corps with not to exceed one thousand eight hundred serviceab) airplanes, ten airships, and such number of free and captive balloons as he ma determine to be necessary for training purposes, together with spare parts, equis ment, supplies, hangars, and installations necessary for the operation and main tenance thereof. In order to maintain the number specified above, the Secr tary of War is hereby authorized to replace obsolete or unserviceable aircraf from time to time: Provided, That the necessary replacement of airplanes sha not exceed approximately four hundred annually: Provided, That the total num ber of airplanes and airships herein authorized shall be exclusive of those waitin salvage or undergoing experiment or service testo tests, those authorized by th Secretary of War to be placed in museums and those classified by the Secretar of War as obsolete: And provided further, That the total number of planes autho ized in this section shall include the number necessary for the training and equip ment of the National Guard and the training of the Organized Reserves as ma be determined by the Secretary of War.

METHOD OF INCREASE.—The total increase in personnel and equipment author ized 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, an the remainder in four approximately.equal increments. The Presidentshall submit Congreso annually estimates of the cost of carrying out the five year program authorize herein: Provided, That a supplementat estimate for the fiseal Year ending June 30 1927, shall be submitted to cover the cost of the first annual inerement.

SEC. H. Sæcond ASSISTANT SEORETARY OF WAR. The office of the Second Assis ant Seeretary of War is hereby established, at a salary of $7,500 per annum. Th Second Assistant Seeretary of War shall be appointed by the President, by an with the advice and consent of the Senate, and shall perform sueh duties with keie enee te aviation and such other duties as the Seeretary of War may direet.

Sec. 8. That section 5a of the National Defense Act, as amended, be, and th 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 Assistan Secretary of War. The Second Assistant Secretary of War shall be appointed b the President, by and with the advice and consent of the Senate. He shall, unde the direction of the Secretary of War, be charged with the supervision of the At 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 fror the Air Corps such number of officers and civilian employees as may be authorize by regulations approved by the Secretary of War.

SEC. 9. Hereafter, when in the opinion of the Secretary of War the interests of th United States will be best served thereby, aircraft, aircraft engines, aircraft accessorie and equipment may be purchased without competitive bidding. That in placin contracts for any or all of such material preference shall be given to contractors wh 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 o unpatentable design rights, or in placing contracts for such articles the value of suc proprietary or unpatentable design rights may be considered as an additional iter over and above the production price of such material and the contractor may be pai an agreed sum to cover the value to the United States of such rights. In all cases th

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, rósettes, 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 subsequeni 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 rósette 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 yes, sir.

The CHAIRMAN. Which as to cover the then existing situation? General PATRICK. Yes, sir.

The CHAIRMAN. You had quite a number of nonflying officers in the unofficial Air Service at that time, and this was to permit you to keep 10 per cent of the total number as nonfljers ?

General PATRICK. It was expected that that would result in having in each grade 10 per cent of nonfliers, but for the reason I have just given it does not work that way.

Senator BINGHAM. How many nonflying officers have you now, what percentage?

General PATRICK. Twelve.
Senator BINGHAM. Twelve per cent?
General PATRICK. No, sir; 12 officers.
Senator Tyson. What per cent?
General PATRICK. Out of about 900.
Senator Tyson. About 172 per cent, then ?
General PATRICK. Yes, sir.

The CHAIRMAN. The provision in the House bill to which you refer is that on line 14, I assume:

Provided, That at least 90 per centum of the officers in each grade below that of brigadier general and at least two brigadier generals shall be flying officers.

General PATRICK. Yes, sir.
The CHAIRMAN. You have much more than 90 per cent now?
General PATRICK. More than 90 per cent now of flying officers;

The CHAIRMAN. What would be the effect of that proviso coupled with the operation of the proviso following, and also that other proviso of the bill which authorizes the addition of 403 officers by allotment to the Air Service with respect to the 10 per cent and 90 per cent division?

General PATRICK. I will have to take them in this order, I think. The proviso about those who are detailed for the purpose of learning to fly will eliminate all except those who actually become flying officers. Therefore, it will not affect the 10 per cent of nonfliers as written here.

The CHAIRMAN. That is for the future. It says "that hereafter in time of peace.'

General PATRICK. Yes, sir. The CHAIRMAN. In effect, they are given one year? General PATRICK. They are given one year to learn to fly, as the House puts it. If they do not learn to fly or qualify as flying officers in that year, they merely go back to the branch from which they were detailed.

Senator FLETCHER. How many brigadier generals have you?,
General PATRICK. There is one now.

Senator FLETCHER. It provides that at least two brigadier generals shall be flying officers.

General PATRICK. Yes, sir. The bill so provides. The preceding provision about the 90 per cent, etc., would permit having in the corps at any time approximately 10 per cent of nonfliers.

The CHAIRMAN. How would you get them in?

General PATRICK. They could be put in directly. They could be transferred to the corps as nonfliers from any branch of the service, Senator Wadsworth, but this was intended to cover, I think, men

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who had been fliers but who were not really physically qualified and could no longer fly, to permit their retention. As they grow older

. that state of affairs will exist.

The CHAIRMAN. Will it?

General PATRICK. Yes. So that I think the intention was to provide for them. But there are two ways: Men who have lost their flying ability and are no long fliers, and men who could be transferred as nonflying officers to fill up the 10 per cent. As to the succeeding provision as to the 403 officers, those two things which I have just said apply to that just as well.

Senator FLETCHER. The question might be whether the term used shall be “flying officers." That would indicate that they must be actually performing duty as flying officers. Couldn't that be better expressed by saying that they shall be qualified?

General PATRICK. That is defined on the next page, what a flying officer is. It is defined in lines 7 to 14.

Senator FLETCHER. In other words, a man, although he has been a flying officer and has been actively engaged in that sort of thing, still after a while he is perfectly competent as a general, as a commanding officer, and all of that, but his flying days are over. He ought not to be excluded.

General PATRICK. He is not, under the definition of a flying officer which appears on the following page. He still remains as å flying officer.

Senator FLETCHER. Then that is all right. Senator BINGHAM. General, it seems to me that, at the bottom of page 2, lines 24 and 25, and the first line on page 3, that if an officer should be assigned to the Air Corps for the purpose of having an opportunity to qualify as a flying officer and is tremendously interested in military aviation, but finds that when it comes to those qualifications which have sometimes been referred to as “born flier”-in other words, that he is a real mechanical flier but does not fly naturally, and has to think about everything he does and therefore does not quickly qualify in the highest grade of aviation, after a year of trying to so qualify, he has then got to go back in some other branch of the Army, and he can not be detailed any further; he can not be commissioned in the Air Service, and yet he might be just the type of officer that you wanted-sympathetic, theoretically understandable, having had a year's education in it, and a high type of man, who might be extremely useful in the supply branch, but he can not command flying units because he would not be a flying officer, but he might be extremely useful to the Air Corps and yet he could not be detailed in it or be commissioned in it under the ħill the way it reads now.

General PATRICK. He could not.
Senator BINGHAM. And you would lose that type of man.

The CHAIRMAN. Whereas, some other officer might, under the 10 per cent provision, be commissioned in the Air Service without any of those qualifications just because he was able to fly.

Senator BINGHAM. Exactly, and that would discourage the fellow 40 years old, who wanted to go into it, and who thought that his chief value in it might be in some position not requiring active flying, from ever attempting to fly, for the minute he comes in with the object of attempting to fly, then he knows he can not stay in for

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