Chapter 501. To promote the efficiency of the Revenue-Cutter Service
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CHAP. 501.— An Act To promote the efficiency of the Revenue-Cutter Service. April 12, 1902. [[Public, No. 68](/us/pl/57/68).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Revenue-Cutter Service. Officers. *Post*, p. 1041. That on and after the passage of this Act the commissioned officers of the Revenue-Cutter Service shall he ns follows: Captains, first lieutenants, second lieutenants, third lieutenants, captain of engineers, chief engineers, first assistant engineers. second assistant engineers, and constructor; and the captain of engineers, chief engineers, first assistant engineers, second assistant engineers shall have the rank of captain, first, second, and third lieu-tenants, respectively; and the constructor shall have the rank of first lieutenant: *Provided, however.* There shall be no increase in the number*Proviso*.Active list not increased.[R.S., sec. 2749, p. 534](/us/rs/s2749/p534). of officers upon the active list over the present number in each class or grade.
Sec. 2. That the said commissioned officers shall rank as follows:Relative rank. Captains with majors in the Army and lieutenant-commanders in the Navy; first lieutenants with captains in the Army arid lieutenants in the Navy; second lieutenants with first lieutenants in the Army and lieutenants (junior grade) in the Navy; third lieutenants with second lieutenants in the Army and ensigns in the Navy; *Provided,* That*Proviso*.Rank when cooperating with Navy.[R. S., sec. 2757, p. 535](/us/rs/s2757/p535). whenever forces of the Navy and Revenue-Cutter Service shall be serving in cooperation pursuant to law (section twenty-seven hundred and fifty-seven.
Revised Statutes), the officers of the Revenue-Cutter Service shall rank as follows: Captains with and next after lieutenant-commanders in the Navy: first lieutenants with and next after lieu-tenants in the Navy; second lieutenants with and next after lieutenants (junior grade) in the Navy; third lieutenants with and next-after ensigns in the Navy: *Provided further.* That no provision of this ActLimitation of authority. shall he construed as giving any officer of the Revenue-Cutter Service military or other control at any time over any vessel, officer, or man of the naval service.
Nor shall any naval officer exercise such military or other control over any vessel, officer, or man of the Revenue-Cutter Service, except by direction of the President. Sec. 3. That the commissioned officers of the United States Revenue-CutterPay and allowances Service shall hereafter receive the same pay and allowances, except forage, as are now or may hereafter be provided by law for officers of corresponding rank in the Army, including longevity pay. Sec. 4 That when any officer in the Revenue-Cutter Servee hasRetirement. reached the age of sixty-four years he shall be retired by the President from active service; and when any officer has become incapable of performing the duties of bis office he shall be either placed upon the retired waiting-orders list or dropped from the service by the President, as hereinafter provided.
Sec. 5. That the Secretary of the Treasury, under the direction ofRetiring board. the President, shall from time to time assemble a Revenue-Cutter Service retiring board, composed of officers of the Revenue-CutterComposition and duties. Service and medical officers of the Marine-Hospital Service, consisting of not less than live commissioned officers, two-fifths of whom shall be selected from medical officers of the Murine-Hospital Service, for the purpose of examining and reporting on such officers of the Revenue-Cutter Service as may be ordered by the Secretary of the Treasury to appear before it; and the, members of said board shall he sworn, in every case, to discharge their duties honestly and impartially, the oath to be administered to the members by the president of the board, and to him by the junior member or recorder; and such board shall inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to he incapable of performing the duties of his office, and shall have such powers as may be necessary for that purpose; and when the board finds an officer incapacitated101 for active service it shall also find and report the cause which in its judgment has produced his incapacity, whether such cause is an incident of service, whether due to his own vicious habits, or the infirmities of age, or physical or mental disability.
The proceedings andFinal action by the President. decisions of the board shall be transmitted to the Secretary of the Treasury, and shall by him be laid before the President for his approval or disapproval and his order’s in the case. Sec. 6. That when a board finds that an officer is incapacitated forRetirement to waiting-orders list. active service, and that his incapacity is the result of an incident of service, or is due to the infirmities of age, or physical or mental disability, and not his own vicious habits, and such decision is approved by the President, he shall be retired from active service and placed upon a retired waiting-orders list.
Officers thus retired may be assignedAssignment to duties. to such duties as they may be able to perform, in the discretion of the Secretary of the Treasury. Sec. 7. That when a board finds that an officer is incapacitated forRemovals for cause. active service, and that such incapacity is the, result of his own vicious habits and not due to any incident of service, and its decision shall be approved by the President, the officer shall be dropped from the service. Sec. 8. That when any commissioned officer is retired from activePromotions. service, the next officer in rank shall be promoted according to the established rules of the service, and the same rule of promotion shall be applied successively to the vacancies consequent upon such retirement; *Provided,* That all promotions shall be subject to examination*Proviso*.Examinations. to determine the professional qualifications of the candidates, and such examination shall be wholly written before aboard of officers of the Revenue-Cutter Service, and their physical qualifications shall be reported upon by a board of medical officer’s of the Marine-Hospital Service: and such board shall be convened by the Secretary of the Treasury whenever the. exigencies of the service require.
Sec. 9. That all officers borne upon the retired or permanent waiting-ordersRetired pay. list at the date of the passage of this Act. or hereafter, shall receive seventy-five per centum of the duty pay, salary, and increase of the rank upon which they have, been or may be retired: *Provided, **Proviso*.No longevity allowance.That no longevity increase of pay shall be allowed for any length of service accruing after retirement. Sec. 10. That all laws or parts of laws inconsistent or in conflict withRepeal. the provisions of this Act be, and the same are hereby, repealed.
Approved, April 12, 1902.