Page:United States Statutes at Large Volume 49 Part 1.djvu/1570

 74T'x C ONGRESS. SESS. II. CH. 587. JU NE 16, 1936 . 1525 has received an aeronautical rating as an aircraft observer : Provided, That in time of peace no one may be rated as an aircraft observer unless lie has previously qualified as a pilot : Provided further, That any officer rated as an aircraft observer in time of war must subse- quently qualify as a pilot before he can qualify as an observer in time of peace following such war ." SEC . 4 . The President is authorized to appoint, by and with the advice and consent of the Senate, to temporary rank in the grades of colonel, lieutenant colonel, and major, without vacating their permanent commissions, such numbers of off icers of the Regular Army Air Corps as the S ecretary of War, fr om time to time, may determine as necessary to meet the administrative, tactical, technical, and training needs of the Air Corps ; the then resulting numbers in each grade, permanent and temporary, to be further increased by 5 per centum to meet the additional needs of the War Department for Air Corps officers : P rovided, That such temporary appointments shall be made in order of seniority of the appointees in each grade in accord ance wit h their standing on the relativ e rank l ist of A ir Corps officers in their permanent grade, and such temporary appoint- ments may be vacated at any time upon the recommendation of the Secret ary of War : Provided further, That when an officer holding Temporary status a temp orary aappoi ntmen t unde r the provi sions of thi s sect ion va cat ed on receiving Permanent appoint- beco mes ent itl ed to perm ane nt prom oti on his tem por ary app oin tmen t ment. shall be vacated : Provided further, That all Air Corps officers tempor arily advanc ed in grade take rank in the grade to wh ich temporarily advanced after officers holding such grade through per- manent appointment, and among themselves i n the order in which they stand on the relative rank list of Air Corps officers in their per man ent grade : Provided further, That Air Corps officers tea- Pay, fl yin g pa y, and porarily appointed under the provisions of this Act shall be entitled allowances . to the pay, flying pay, and allowances pertaining to the grade to which temporarily appointed : And provided further, That no officer Eligibilit y to Co .- man temporary rank under the provisions of this Act shall be Corps outside own eligible , to comman d outsid e his ow n corps except by senio rity und er his permanent commission. SEC. 5. The President is hereby authorized, by and with the advice Com man di ng ge ner al and con sent of the Sena te, to a ppoint t o tempor ary rank from am ong t °t Gen eral il ead gar- ers Air Forcee the permanent colonels and lieutenant colonels of the Air Corps who APP°intment, rank. are "flying of ficers" as de fined herein, or as may her eafter be def ined. a commanding general of the General Headquarters Air Force with the rank of major gener al, an d such numb er of wing c ommand ers Wing commanders ; with the rank of brigadier general as may be determined by the rant:. President. Officers temporarily appointed under the provisions of this sect ion shal l hold s uch temp orary ap pointme nts unti l reliev ed from s uch co mmands by order of the Presi dent. Suc h temporary appointments shall not vacate the permanent commissions of the appointees nor create vacancies in the grades in which they are commissioned : Provide d That the provisions of this Provis° t permanently Assi gnmen t of quah. section shall not be construed to exclude the assignment to Air Corps fled permanent g eneral tactical or other appropr iate com mands of qualif ied perm anent ge n- °m° ers . eral officers of the line who are "flying officers" as defined herein, or as may hereafter be defined. SEC. 6. Such laws and parts of laws the foregoing are hereby repealed. Approved, June 16, 1936. Provi sos. Aircraft observer qualification in peace time. `V artime qualification time. obser ver ; in peace Ap poin tment s to temporary rank in grades of colonel, lieu- tenant colonel, and major, authorized. Provisos. seniori ty prov ision. Precedence in rank. Tenure, etc . as may b e incons istent w ith Inconsistent la ws, etc . . repealed.