Post by Bruce on Jun 19, 2014 22:39:59 GMT -5
In the House of Representatives of the United States, Mr. Terrus, for himself and Mr. Hill, offers: A Bill to coordinate the national defense, which shall be known and cited as the Navy Act of 1789. Be it enacted by the House of Representatives and Senate of the United States of America in Congress assembled, that: the following be added to Title X:
Chapter 3. Department of the Navy.
Section 12. Commandant of the United States.
(a) The President shall appoint, with the advice and consent of the Senate, a Commandant of the United States, hereinafter the Commandant, who shall superintend the operations of the Department of the Navy, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Commandant, or his designate:
1. to make recommendations to the President and the Congress as to the appropriate size, strength, and armament of the Navy;
2. to procure armaments, ammunition, stores, and other materials of war for the Navy;
3. to provide for the maintenance of docks, shipyards, and other facilities utilized by the Navy;
4. to establish a system for the regular, standardized, merit-based promotion of officers and enlistedman, except to the rank of Admiral;
6. to superintend the operations of the Department of the Navy, proscribing such regulations as he may deem appropriate;
7. to perform such duties as may be enjoined upon him by the President, agreeable to the constitution; and
8. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© The Commandant, or his designate, shall be authorized:
1. to establish an office or offices in the capital of the United States, and in any other locations that the he may deem prudent, and to staff that office or those offices with such assistants, clerks, and other employees as may deem necessary;
2. to issue orders to the officers and enlistedmen of the Navy, provided that the Commandant does not issue an order that is unlawful, unconstitutional, or in violation of the orders of the President;
3. to order the Governor of a state to produce information regarding that state's naval forces, provided that the Commandant shall provide a Governor with sufficient time to produce such information; and
4. to proscribe regulations for the operations of the Navy, the conduct of its officers, and the conduct of its enlistedmen.
(d) The President may appoint, with the advice and consent of the Senate, a Deputy Commandant of the United States to assist the Commandant with his duties, and to act as Commandant whenever there is not a Commandant, or whenever the Commandant is unable to perform his duties.
Section 13. Admiral of the United States Navy.
(a) The President shall commission, with the advice and consent of the Senate, an Admiral of the United States Navy, hereinafter the Admiral, who shall be the senior officer of the Navy , and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Admiral, or his designate --
1. to provide advice on strategies for the defense of the United States against foreign invasion, foreign blockade, piracy, and smuggling;
2. to provide advice on the organization the Navy, as provided elsewhere in this chapter;
3. to recommend and institute a method for training the officers and enlistedmen of the Navy, as provided elsewhere in this chapter;
4. to generally command the Navy, as ordered by the President, both during peacetime and wartime; and
5. to issue regulations to the officers and enlistedmen of the Navy, provided that such regulations do not countermend any regulations proscribed by the Commandant.
Section 14. Personnel.
(a) The President may commission, with the advice and consent of the Senate, navy officers inferior to the Admiral to command the enlistedmen of the Navy, and perform such other tasks as they may be ordered to perform, agreeable to the Constitution, and these officers shall carry a rank according to the following scale:
1. Vice Admiral
2. Rear Admiral
3. Commodore
4. Captain
5. Commander
6. Lieutenant
7. Ensign
8. Midshipman.
(b) The President may commission, with the advice and consent of the Senate, marine officers to command the marines of the Navy, and to perform such other tasks as they may be ordered to perform, agreeable to the Constitution, and these officers shall carry a rank according to the following scare:
7. Lieutenant
8. Ensign
© The Commandant may employ enlistedmen to act as sailors, clerks, and in other roles, but the Commandant shall seek the advice of the Admiral when determing whom to hire or promote, and the Commandant shall provide for every enlistedman to carry a rank according to the following scale:
1. Chief Petty Officer
2. Petty Officer
3. Chief Sailor
4. Sailor.
(d) The Commandant may employ enlistedmen to act as marines, and in support roles to marines, but the Commandant shall seek the advice of the Admiral when determing whom to hire or promote, and the Commandant shall provide for every marine enlistedman to carry a rank according to the following scale:
1. Sergeant Major
2. Sergeant
3. Corporal
4. Marine.
(e) The Admiral may temporarily promote any commissioned officer or non-commissioned officer to a higher rank, except the rank of Admiral, but that temporary promotion shall expire after no more than six months, and the Commandant may proscribe regulations by which the commander of any unit in the Navy may temporarily promote a commissioned officer or non-commissioned officer under his command, provided that no person shall be temporarily promoted for more than six months.
(f) The Commandant shall ensure that each and every officer and enlistedman of the Navy wears the same uniform, which shall be blue in color, and be affixed with insignia as follows:
Admiral -- three silver stars, affixed to the officer's lapels and shoulders
Vice Admiral -- two silver stars, affixed to the officer's lapels and shoulders
Rear Admiral -- one silver star, affixed to the officer's lapels and shoulders
Commodore -- one gold star, affixed to the officer's lapels and shoulders
Captain -- one silver eagle, affixed to the officer's lapels and shoulders
Commander -- one gold eagle, affixed to the officer's lapels and shoulders
Lieutenant -- two silver bars, affixed to the officer's lapels and shoulders
Ensign and Marine Lieutenant -- one silver bar, affixed to the officer's lapels and shoulders
Midshipman and Marine Ensign -- one gold bar, affixed to the officer's lapels and shoulders
Chief Petty Officer and Marine Sergeant Major -- four chevrons, all golden, sewn onto the soldier's upper sleeve
Petty Officer and Marine Sergeant -- three chevrons, all golden, sewn onto the soldier's upper sleeve
Chief Sailor and Marine Corporal -- two chevrons, both golden, sewn onto the soldier's upper sleeve
Sailor and Marine -- one chevron, golden, sewn onto the soldier's upper sleeve.
Section 15. Organization.
(a) The Commandant shall provide for the establishment, proper staffing, armament, and supply of the following units:
1. the Command Department of the United States Navy, which shall perform the administrative functions of the Navy;
2. the Quartermaster Department of the United States Navy, which shall ensure the proper supply of each and every unit of the Navy;
3. the Engineering Department of the United States Navy, which shall design, construct, and maintain facilities for the Navy;
4. the 1st Flotilla, a combat unit; and
5. the 2nd Flotilla, a combat unit.
(b) The Commandant shall determine the size and makeup of the Command Department, Quartermaster Department, and Engineering Department, but shall ensure that each of these units is adequately staffed to fulfill its responsibilities.
© The combat units of the United States Navy shall be constituted as follows:
1st Flotilla -- 2 heavy frigates, 1 light frigate
2nd Flotilla -- 2 heavy frigates, 1 light frigate
Ship of the Line -- approximately 700 crew-members including marines, approximately 74 guns
Heavy Frigate -- approximately 300 crew-members including marines, approximately 44 guns
Light Frigate -- approximately 250 crew-members including marines, approximately 38 guns
Corvette -- approximately 30 crew members including marines, approximately 8 guns
(d) The units of the United States Navy shall be commanded as follows:
Quartermaster Department -- Commodore
Flotilla -- Commodore
Command Department -- Captain
Engineering Department -- Captain
Ship of the Line -- Captain
Heavy Frigate -- Commander
Light Frigate -- Commander
Corvette -- Lieutenant
(e) The ships of the United States Navy shall carry the prefix USS and shall be named as follows, according to date of commission:
Frigates -- United States, Constellation, Constitution, Chesapeake, Congress, President
Section 16. Stationing.
(a) The Commandant shall provide for the establishment and maintenance of:
1. naval yards in, or near, the following cities, to be named for each city:
(A) Boston;
(B) New York City;
© Philadelphia;
(D) Baltimore;
(E) Charleston; and
(F) Savannah.
2. public docks in, or near, any city with significant naval activity;
3. lighthouses along the coast of the United States, as necessary, to ensure safe naval activities;
4. a headquarters compound at the seat of government of the United States; and
5. such other storehouses, supply centers, and other administrative structures as he may deem necessary in such locations as he may deem necessary.
(b) The Commandant shall station the units of the Navy at one of the installations established under subsection (a) of this Section.
Section 17. Deployment.
(a) The President may order any unit of the United States Navy to deploy anywhere in United States territorial waters, and any where in international waters, provided that --
1. the President may only order a ship to attack the ships of another government with the authorization of the Congress, though this part shall not prohibit any United States Navy vessel from acting to defend itself;
2. the President shall deploy ships of the United States Navy outside of the territorial waters of the United States only after informing Congress of his intent to issue such order; and
3. the President shall instruct the ships of the United States Navy to respect the boundaries of private property, where possible and prudent.
(b) The President may not deploy any unit of the United States Navy to foreign waters except:
1. if the United States has declared war upon a nation and that unit is being used to attack that nation;
2. if the Congress has explicitly authorized said deployment;
3. to facilitate Army efforts to safeguard an embassy of the United States; or
4. to assist a ship in distress, or to perform escort duty with the permission of the government with jurisdiction over those foreign waters.
Section 18. Martial Law.
(a) No officer or enlistedman of the Navy shall be authorized to arrest, detain, or attack any citizen of the United States unless:
1. that officer or enlistedman is attacked by that citizen;
2. that officer or enlistedman is deployed to assist a militia operating under Presidential supervision, and then only with the approval of Congress;
3. that officer or enlistedman is deployed to assist a militia operating under state authority, and then only with the approval of that state's legislature; or
4. that officer or enlistedman is deployed to an area in which the Congress has declared martial law.
(b) If an officer or enlistedman of the Navy arrests or detains any American citizen under any circumstance, that officer or enlistedman shall transfer said citizen to the custody of a United States Marshal or a state law enforcement official within 24 hours of his return to port, or shall release that citizen.
Section 19. Coast Guard.
The Commandant shall task units of the United States Navy, whenever possible and prudent, to assist the United States Collectors in pursuing smugglers and other customs violations and to assist the United States Marshals in pursuing other criminals, provided:
1. a duly appointed representative of a United States Collector must be present if a ship of the Navy is to perform customs-related duties; and
2. a law enforcement officer must be present if a ship of the Navy is to perform law enforcement operations near the coasts of the United States, except against a pirate vessel.
Chapter 3. Department of the Navy.
Section 12. Commandant of the United States.
(a) The President shall appoint, with the advice and consent of the Senate, a Commandant of the United States, hereinafter the Commandant, who shall superintend the operations of the Department of the Navy, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Commandant, or his designate:
1. to make recommendations to the President and the Congress as to the appropriate size, strength, and armament of the Navy;
2. to procure armaments, ammunition, stores, and other materials of war for the Navy;
3. to provide for the maintenance of docks, shipyards, and other facilities utilized by the Navy;
4. to establish a system for the regular, standardized, merit-based promotion of officers and enlistedman, except to the rank of Admiral;
6. to superintend the operations of the Department of the Navy, proscribing such regulations as he may deem appropriate;
7. to perform such duties as may be enjoined upon him by the President, agreeable to the constitution; and
8. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© The Commandant, or his designate, shall be authorized:
1. to establish an office or offices in the capital of the United States, and in any other locations that the he may deem prudent, and to staff that office or those offices with such assistants, clerks, and other employees as may deem necessary;
2. to issue orders to the officers and enlistedmen of the Navy, provided that the Commandant does not issue an order that is unlawful, unconstitutional, or in violation of the orders of the President;
3. to order the Governor of a state to produce information regarding that state's naval forces, provided that the Commandant shall provide a Governor with sufficient time to produce such information; and
4. to proscribe regulations for the operations of the Navy, the conduct of its officers, and the conduct of its enlistedmen.
(d) The President may appoint, with the advice and consent of the Senate, a Deputy Commandant of the United States to assist the Commandant with his duties, and to act as Commandant whenever there is not a Commandant, or whenever the Commandant is unable to perform his duties.
Section 13. Admiral of the United States Navy.
(a) The President shall commission, with the advice and consent of the Senate, an Admiral of the United States Navy, hereinafter the Admiral, who shall be the senior officer of the Navy , and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Admiral, or his designate --
1. to provide advice on strategies for the defense of the United States against foreign invasion, foreign blockade, piracy, and smuggling;
2. to provide advice on the organization the Navy, as provided elsewhere in this chapter;
3. to recommend and institute a method for training the officers and enlistedmen of the Navy, as provided elsewhere in this chapter;
4. to generally command the Navy, as ordered by the President, both during peacetime and wartime; and
5. to issue regulations to the officers and enlistedmen of the Navy, provided that such regulations do not countermend any regulations proscribed by the Commandant.
Section 14. Personnel.
(a) The President may commission, with the advice and consent of the Senate, navy officers inferior to the Admiral to command the enlistedmen of the Navy, and perform such other tasks as they may be ordered to perform, agreeable to the Constitution, and these officers shall carry a rank according to the following scale:
1. Vice Admiral
2. Rear Admiral
3. Commodore
4. Captain
5. Commander
6. Lieutenant
7. Ensign
8. Midshipman.
(b) The President may commission, with the advice and consent of the Senate, marine officers to command the marines of the Navy, and to perform such other tasks as they may be ordered to perform, agreeable to the Constitution, and these officers shall carry a rank according to the following scare:
7. Lieutenant
8. Ensign
© The Commandant may employ enlistedmen to act as sailors, clerks, and in other roles, but the Commandant shall seek the advice of the Admiral when determing whom to hire or promote, and the Commandant shall provide for every enlistedman to carry a rank according to the following scale:
1. Chief Petty Officer
2. Petty Officer
3. Chief Sailor
4. Sailor.
(d) The Commandant may employ enlistedmen to act as marines, and in support roles to marines, but the Commandant shall seek the advice of the Admiral when determing whom to hire or promote, and the Commandant shall provide for every marine enlistedman to carry a rank according to the following scale:
1. Sergeant Major
2. Sergeant
3. Corporal
4. Marine.
(e) The Admiral may temporarily promote any commissioned officer or non-commissioned officer to a higher rank, except the rank of Admiral, but that temporary promotion shall expire after no more than six months, and the Commandant may proscribe regulations by which the commander of any unit in the Navy may temporarily promote a commissioned officer or non-commissioned officer under his command, provided that no person shall be temporarily promoted for more than six months.
(f) The Commandant shall ensure that each and every officer and enlistedman of the Navy wears the same uniform, which shall be blue in color, and be affixed with insignia as follows:
Admiral -- three silver stars, affixed to the officer's lapels and shoulders
Vice Admiral -- two silver stars, affixed to the officer's lapels and shoulders
Rear Admiral -- one silver star, affixed to the officer's lapels and shoulders
Commodore -- one gold star, affixed to the officer's lapels and shoulders
Captain -- one silver eagle, affixed to the officer's lapels and shoulders
Commander -- one gold eagle, affixed to the officer's lapels and shoulders
Lieutenant -- two silver bars, affixed to the officer's lapels and shoulders
Ensign and Marine Lieutenant -- one silver bar, affixed to the officer's lapels and shoulders
Midshipman and Marine Ensign -- one gold bar, affixed to the officer's lapels and shoulders
Chief Petty Officer and Marine Sergeant Major -- four chevrons, all golden, sewn onto the soldier's upper sleeve
Petty Officer and Marine Sergeant -- three chevrons, all golden, sewn onto the soldier's upper sleeve
Chief Sailor and Marine Corporal -- two chevrons, both golden, sewn onto the soldier's upper sleeve
Sailor and Marine -- one chevron, golden, sewn onto the soldier's upper sleeve.
Section 15. Organization.
(a) The Commandant shall provide for the establishment, proper staffing, armament, and supply of the following units:
1. the Command Department of the United States Navy, which shall perform the administrative functions of the Navy;
2. the Quartermaster Department of the United States Navy, which shall ensure the proper supply of each and every unit of the Navy;
3. the Engineering Department of the United States Navy, which shall design, construct, and maintain facilities for the Navy;
4. the 1st Flotilla, a combat unit; and
5. the 2nd Flotilla, a combat unit.
(b) The Commandant shall determine the size and makeup of the Command Department, Quartermaster Department, and Engineering Department, but shall ensure that each of these units is adequately staffed to fulfill its responsibilities.
© The combat units of the United States Navy shall be constituted as follows:
1st Flotilla -- 2 heavy frigates, 1 light frigate
2nd Flotilla -- 2 heavy frigates, 1 light frigate
Ship of the Line -- approximately 700 crew-members including marines, approximately 74 guns
Heavy Frigate -- approximately 300 crew-members including marines, approximately 44 guns
Light Frigate -- approximately 250 crew-members including marines, approximately 38 guns
Corvette -- approximately 30 crew members including marines, approximately 8 guns
(d) The units of the United States Navy shall be commanded as follows:
Quartermaster Department -- Commodore
Flotilla -- Commodore
Command Department -- Captain
Engineering Department -- Captain
Ship of the Line -- Captain
Heavy Frigate -- Commander
Light Frigate -- Commander
Corvette -- Lieutenant
(e) The ships of the United States Navy shall carry the prefix USS and shall be named as follows, according to date of commission:
Frigates -- United States, Constellation, Constitution, Chesapeake, Congress, President
Section 16. Stationing.
(a) The Commandant shall provide for the establishment and maintenance of:
1. naval yards in, or near, the following cities, to be named for each city:
(A) Boston;
(B) New York City;
© Philadelphia;
(D) Baltimore;
(E) Charleston; and
(F) Savannah.
2. public docks in, or near, any city with significant naval activity;
3. lighthouses along the coast of the United States, as necessary, to ensure safe naval activities;
4. a headquarters compound at the seat of government of the United States; and
5. such other storehouses, supply centers, and other administrative structures as he may deem necessary in such locations as he may deem necessary.
(b) The Commandant shall station the units of the Navy at one of the installations established under subsection (a) of this Section.
Section 17. Deployment.
(a) The President may order any unit of the United States Navy to deploy anywhere in United States territorial waters, and any where in international waters, provided that --
1. the President may only order a ship to attack the ships of another government with the authorization of the Congress, though this part shall not prohibit any United States Navy vessel from acting to defend itself;
2. the President shall deploy ships of the United States Navy outside of the territorial waters of the United States only after informing Congress of his intent to issue such order; and
3. the President shall instruct the ships of the United States Navy to respect the boundaries of private property, where possible and prudent.
(b) The President may not deploy any unit of the United States Navy to foreign waters except:
1. if the United States has declared war upon a nation and that unit is being used to attack that nation;
2. if the Congress has explicitly authorized said deployment;
3. to facilitate Army efforts to safeguard an embassy of the United States; or
4. to assist a ship in distress, or to perform escort duty with the permission of the government with jurisdiction over those foreign waters.
Section 18. Martial Law.
(a) No officer or enlistedman of the Navy shall be authorized to arrest, detain, or attack any citizen of the United States unless:
1. that officer or enlistedman is attacked by that citizen;
2. that officer or enlistedman is deployed to assist a militia operating under Presidential supervision, and then only with the approval of Congress;
3. that officer or enlistedman is deployed to assist a militia operating under state authority, and then only with the approval of that state's legislature; or
4. that officer or enlistedman is deployed to an area in which the Congress has declared martial law.
(b) If an officer or enlistedman of the Navy arrests or detains any American citizen under any circumstance, that officer or enlistedman shall transfer said citizen to the custody of a United States Marshal or a state law enforcement official within 24 hours of his return to port, or shall release that citizen.
Section 19. Coast Guard.
The Commandant shall task units of the United States Navy, whenever possible and prudent, to assist the United States Collectors in pursuing smugglers and other customs violations and to assist the United States Marshals in pursuing other criminals, provided:
1. a duly appointed representative of a United States Collector must be present if a ship of the Navy is to perform customs-related duties; and
2. a law enforcement officer must be present if a ship of the Navy is to perform law enforcement operations near the coasts of the United States, except against a pirate vessel.
