Post by Bruce on Jun 25, 2014 2:17:17 GMT -5
In the House of Representatives of the United States, Mr. Terrus, for himself, offers: A Bill to coordinate the national defense, which shall be known and cited as the Army 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 2. Department of the Army.
Section 5. Superintendent of the United States.
(a) The President shall appoint, with the advice and consent of the Senate, a Superintendent of the United States, hereinafter the Superintendent, who shall superintend the operations of the Department of the Army, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Superintendent:
1. to make recommendations to the President and the Congress as to the appropriate size, strength, and armament of the Army;
2. to procure armaments, ammunition, stores, and other materials of war for the Army;
3. to provide for the maintenance of bases, forts, and other facilities utilized by the Army;
4. to establish a system for the regular, standardized, merit-based promotion of officers and enlistedman, except to the rank of General;
6. to superintend the operations of the Department of the Army, 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 Superintendent 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 Army, provided that the Superintendent 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 militia, provided that the Superintendent shall provide a Governor with sufficient time to produce such information; and
4. to proscribe regulations for the operations of the Army, the conduct of its officers, and the conduct of its enlistedmen.
(d) The Superintendent of the United States Army must be a civilian of the United States for at least five (5) years.
(e) The President may appoint, with the advice and consent of the Senate, a Deputy Superintendent of the United States to assist the Superintendent with his duties, and to act as Superintendent whenever there is not a Superintendent, or whenever the Superintendent is unable to perform his duties.
Section 6. General of the United States Army.
(a) The President shall commission, with the advice and consent of the Senate, a General of the United States Army, hereinafter the General, who shall be the senior officer of the Army, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the General, or his designate --
1. to devise strategies for the defense of the United States against foreign invasion, Indian invasion, or domestic insurrection;
2. to organize the Army, as provided elsewhere in this chapter;
3. to train the officers and enlistedmen of the Army, as provided elsewhere in this chapter;
4. to generally command the Army, as ordered by the President, both during peacetime and wartime; and
5. to proscribe regulations to the officers and enlistedmen of the Army, provided that such regulations do not countermend any regulations proscribed by the Superintendent.
Section 7. Personnel.
(a) The President may commission, with the advice and consent of the Senate, army officers inferior to the General to command the enlistedmen of the Army, 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. Lieutenant General
2. Major General
3. Brigadier
4. Colonel
5. Major
6. Captain
7. Lieutenant
8. Ensign.
(b) The Superintendent may employ enlistedmen to act as soldiers, clerks, and in other roles, but the Superintendent shall seek the advice of the General when determing whom to hire or promote, and the Superintendent shall provide for every enlistedman to carry a rank according to the following scale:
1. Sergeant Major
2. Sergeant
3. Corporal
4. Soldier.
© The General may temporarily promote any commissioned officer or non-commissioned officer to a higher rank, except the rank of General, but that temporary promotion shall expire after no more than six months, and the Superintendent may proscribe regulations by which the commander of any unit in the Army 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.
(d) The Superintendent shall ensure that each and every officer and enlistedman of the Army wears the same uniform, which shall be blue, and be affixed with insignia as follows:
General -- three silver stars, affixed to the officer's lapels and shoulders
Lieutenant General -- two silver stars, affixed to the officer's lapels and shoulders
Major General -- one silver star, affixed to the officer's lapels and shoulders
Brigadier -- one gold star, affixed to the officer's lapels and shoulders
Colonel -- one silver eagle, affixed to the officer's lapels and shoulders
Major -- one gold eagle, affixed to the officer's lapels and shoulders
Captain -- two silver bars, affixed to the officer's lapels and shoulders
Lieutenant -- one silver bar, affixed to the officer's lapels and shoulders
Ensign -- one gold bar, affixed to the officer's lapels and shoulders
Sergeant Major -- four chevrons, all golden, sewn onto the soldier's upper sleeve
Sergeant -- three chevrons, all golden, sewn onto the soldier's upper sleeve
Corporal -- two chevrons, both golden, sewn onto the soldier's upper sleeve
Soldier -- one chevron, golden, sewn onto the soldier's upper sleeve.
Section 8. Organization.
(a) The Superintendent shall provide for the establishment, proper staffing, armament, and supply of the following units:
1. the Command Department of the United States Army, which shall perform the administrative functions of the Army;
2. the Quartermaster Department of the United States Army, which shall ensure the proper supply of each and every unit of the Army, and maintain plans to supply militias when they are activated for federal service;
3. the Engineering Department of the United States Army, which shall maintain a force of engineers trained to provide combat engineering support, maintain the forts of the United States, and maintain plans to provide combat engineering support to the militias when they are activated for federal service;
4. the Training Department of the United States Army, which shall provide for the training of the officers and enlistedmen of the Army, and provide training seminars for militia officers as requested by the states;
5. the Artillery Department of the United States Army, which shall maintain a large amount of artillery for use in the case of war, along with an appropriate number of trained artillerymen; and
5. the Legion of the United States, a combat unit.
(b) The Superintendent shall determine the size and makeup of the Command Department, Quartermaster Department, Training Department, Engineering Department, and Artillery Department, but shall ensure that each of these units is adequately staffed to fulfill its responsibilities.
© The Legion of the United States will be a regiment-sized unit, comprised of 3 infantry battalions (each containing 3 companies of approximately 80 officers and men), 1 grenadiers company (containing approximately 80 officers and men), and a headquarters unit (containing approximately 80 men).
(d) The units of the United States Army shall be commanded as follows:
Command Department -- General
Quartermaster Department -- Brigadier
Engineering Department -- Colonel
Training Department -- Colonel
Engineering Department -- Colonel
--Artillery Detachment -- Major
--Artillery Battery -- Captain
Legion of the United States -- Colonel
--Infantry Battalion -- Major
--Infantry Company -- Captain
Section 9. Stationing.
(a) The Superintendent shall provide for the establishment and maintenance of:
1. coastal defense forts in, or near, the following cities, to be named for each city:
(A) Providence;
(B) Boston;
© New Haven;
(D) New York City;
(E) Philadelphia;
(F) Baltimore;
(G) Norfolk;
(H) Charleston; and
(I) Savannah.
2. defense forts in, or near, the following locations, to be named as indicated
(A) at the present location of Fort Herkimer, New York, to be called Fort Herkimer;
(B) at the present location of Fort Ticonderoga, New York, to be called Fort Ticonderogga;
(C) at the junction of the Upper Ammonoosuc River and Connecticut River, to be called Fort Wentworth; and
(D) at the present location of Fort O'Brien, Massachusetts, to be called Fort O'Brien.
3. a United States Army Headquarters compound at the seat of government of the United States including a defensive fortress;
4. a United States Army compound including a fortress in West Point, New York, to host the Engineering Department and Artillery Department; 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 provisions of this section notwithstanding, the Superintendent shall not comply with subsection (a) with regards to any state if the Governor of that state objects.
Section 10. Deployment.
(a) The President may order any unit of the United States Army to deploy anywhere within the United States:
1. to repel an invasion of the United States by any foreign nation or Indian tribe;
2. to prepare for an imminent invasion of the United States by any foreign power or Indian tribe;
3. to assist a militia that the President has called forth for any reason but only if the Congress has declared martial law;
4. to assist a militia, serving under state authority, but only if the Governor of that state requests such assistance, and only while the Governor continues to desire such assistance; or
5. to serve a non-combat purpose, such as but not limited to the participation in a parade.
(b) The President may not deploy any unit of the United States Army on foreign territory 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; or
3. to safeguard an Embassy of the United States, but only as part of a regular embassy security detail.
Section 11. Martial Law.
(a) No officer or enlistedman of the Army 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; 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 Army 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 72 hours, or shall release that citizen.
Chapter 2. Department of the Army.
Section 5. Superintendent of the United States.
(a) The President shall appoint, with the advice and consent of the Senate, a Superintendent of the United States, hereinafter the Superintendent, who shall superintend the operations of the Department of the Army, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Superintendent:
1. to make recommendations to the President and the Congress as to the appropriate size, strength, and armament of the Army;
2. to procure armaments, ammunition, stores, and other materials of war for the Army;
3. to provide for the maintenance of bases, forts, and other facilities utilized by the Army;
4. to establish a system for the regular, standardized, merit-based promotion of officers and enlistedman, except to the rank of General;
6. to superintend the operations of the Department of the Army, 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 Superintendent 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 Army, provided that the Superintendent 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 militia, provided that the Superintendent shall provide a Governor with sufficient time to produce such information; and
4. to proscribe regulations for the operations of the Army, the conduct of its officers, and the conduct of its enlistedmen.
(d) The Superintendent of the United States Army must be a civilian of the United States for at least five (5) years.
(e) The President may appoint, with the advice and consent of the Senate, a Deputy Superintendent of the United States to assist the Superintendent with his duties, and to act as Superintendent whenever there is not a Superintendent, or whenever the Superintendent is unable to perform his duties.
Section 6. General of the United States Army.
(a) The President shall commission, with the advice and consent of the Senate, a General of the United States Army, hereinafter the General, who shall be the senior officer of the Army, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the General, or his designate --
1. to devise strategies for the defense of the United States against foreign invasion, Indian invasion, or domestic insurrection;
2. to organize the Army, as provided elsewhere in this chapter;
3. to train the officers and enlistedmen of the Army, as provided elsewhere in this chapter;
4. to generally command the Army, as ordered by the President, both during peacetime and wartime; and
5. to proscribe regulations to the officers and enlistedmen of the Army, provided that such regulations do not countermend any regulations proscribed by the Superintendent.
Section 7. Personnel.
(a) The President may commission, with the advice and consent of the Senate, army officers inferior to the General to command the enlistedmen of the Army, 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. Lieutenant General
2. Major General
3. Brigadier
4. Colonel
5. Major
6. Captain
7. Lieutenant
8. Ensign.
(b) The Superintendent may employ enlistedmen to act as soldiers, clerks, and in other roles, but the Superintendent shall seek the advice of the General when determing whom to hire or promote, and the Superintendent shall provide for every enlistedman to carry a rank according to the following scale:
1. Sergeant Major
2. Sergeant
3. Corporal
4. Soldier.
© The General may temporarily promote any commissioned officer or non-commissioned officer to a higher rank, except the rank of General, but that temporary promotion shall expire after no more than six months, and the Superintendent may proscribe regulations by which the commander of any unit in the Army 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.
(d) The Superintendent shall ensure that each and every officer and enlistedman of the Army wears the same uniform, which shall be blue, and be affixed with insignia as follows:
General -- three silver stars, affixed to the officer's lapels and shoulders
Lieutenant General -- two silver stars, affixed to the officer's lapels and shoulders
Major General -- one silver star, affixed to the officer's lapels and shoulders
Brigadier -- one gold star, affixed to the officer's lapels and shoulders
Colonel -- one silver eagle, affixed to the officer's lapels and shoulders
Major -- one gold eagle, affixed to the officer's lapels and shoulders
Captain -- two silver bars, affixed to the officer's lapels and shoulders
Lieutenant -- one silver bar, affixed to the officer's lapels and shoulders
Ensign -- one gold bar, affixed to the officer's lapels and shoulders
Sergeant Major -- four chevrons, all golden, sewn onto the soldier's upper sleeve
Sergeant -- three chevrons, all golden, sewn onto the soldier's upper sleeve
Corporal -- two chevrons, both golden, sewn onto the soldier's upper sleeve
Soldier -- one chevron, golden, sewn onto the soldier's upper sleeve.
Section 8. Organization.
(a) The Superintendent shall provide for the establishment, proper staffing, armament, and supply of the following units:
1. the Command Department of the United States Army, which shall perform the administrative functions of the Army;
2. the Quartermaster Department of the United States Army, which shall ensure the proper supply of each and every unit of the Army, and maintain plans to supply militias when they are activated for federal service;
3. the Engineering Department of the United States Army, which shall maintain a force of engineers trained to provide combat engineering support, maintain the forts of the United States, and maintain plans to provide combat engineering support to the militias when they are activated for federal service;
4. the Training Department of the United States Army, which shall provide for the training of the officers and enlistedmen of the Army, and provide training seminars for militia officers as requested by the states;
5. the Artillery Department of the United States Army, which shall maintain a large amount of artillery for use in the case of war, along with an appropriate number of trained artillerymen; and
5. the Legion of the United States, a combat unit.
(b) The Superintendent shall determine the size and makeup of the Command Department, Quartermaster Department, Training Department, Engineering Department, and Artillery Department, but shall ensure that each of these units is adequately staffed to fulfill its responsibilities.
© The Legion of the United States will be a regiment-sized unit, comprised of 3 infantry battalions (each containing 3 companies of approximately 80 officers and men), 1 grenadiers company (containing approximately 80 officers and men), and a headquarters unit (containing approximately 80 men).
(d) The units of the United States Army shall be commanded as follows:
Command Department -- General
Quartermaster Department -- Brigadier
Engineering Department -- Colonel
Training Department -- Colonel
Engineering Department -- Colonel
--Artillery Detachment -- Major
--Artillery Battery -- Captain
Legion of the United States -- Colonel
--Infantry Battalion -- Major
--Infantry Company -- Captain
Section 9. Stationing.
(a) The Superintendent shall provide for the establishment and maintenance of:
1. coastal defense forts in, or near, the following cities, to be named for each city:
(A) Providence;
(B) Boston;
© New Haven;
(D) New York City;
(E) Philadelphia;
(F) Baltimore;
(G) Norfolk;
(H) Charleston; and
(I) Savannah.
2. defense forts in, or near, the following locations, to be named as indicated
(A) at the present location of Fort Herkimer, New York, to be called Fort Herkimer;
(B) at the present location of Fort Ticonderoga, New York, to be called Fort Ticonderogga;
(C) at the junction of the Upper Ammonoosuc River and Connecticut River, to be called Fort Wentworth; and
(D) at the present location of Fort O'Brien, Massachusetts, to be called Fort O'Brien.
3. a United States Army Headquarters compound at the seat of government of the United States including a defensive fortress;
4. a United States Army compound including a fortress in West Point, New York, to host the Engineering Department and Artillery Department; 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 provisions of this section notwithstanding, the Superintendent shall not comply with subsection (a) with regards to any state if the Governor of that state objects.
Section 10. Deployment.
(a) The President may order any unit of the United States Army to deploy anywhere within the United States:
1. to repel an invasion of the United States by any foreign nation or Indian tribe;
2. to prepare for an imminent invasion of the United States by any foreign power or Indian tribe;
3. to assist a militia that the President has called forth for any reason but only if the Congress has declared martial law;
4. to assist a militia, serving under state authority, but only if the Governor of that state requests such assistance, and only while the Governor continues to desire such assistance; or
5. to serve a non-combat purpose, such as but not limited to the participation in a parade.
(b) The President may not deploy any unit of the United States Army on foreign territory 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; or
3. to safeguard an Embassy of the United States, but only as part of a regular embassy security detail.
Section 11. Martial Law.
(a) No officer or enlistedman of the Army 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; 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 Army 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 72 hours, or shall release that citizen.
