Chapter 20. To temporarily increase the commissioned and warrant and enlisted strength of the Navy and Marine Corps, and for other purposes
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CHAP. 20.— An Act To temporarily increase the commissioned and warrant and enlisted strength of the Navy and Marine Corps, and for other purposes. May 22, 1917.[[H. R. 3330](/us/bill/65/hr/3330).][[Public, No. 17](/us/pl/65/17).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Navy.Enlisted strength temporarily increased.Vol. 39, p. 575.*Post*, p. 714. That the authorized enlisted strength of the active list of the Navy is hereby temporarily increased from eighty-seven thousand to one hundred and fifty thousand, including four thousand additional apprentice seamen.
Sec. 2. Marine Corps.Enlisted strength temporarily increased.Vol. 39, p. 612.Vol. 35, p. 155.*Post*, p. 714. That the authorized enlisted strength of the active list of the Marine Corps is hereby temporarily increased from seventeen thousand four hundred to thirty thousand, this authorized strength being distributed in the various grades of the enlisted force in the 85same proportion as those authorized at the date of the approval of this Act. Sec. 3. That enlistments in the Navy and Marine Corps, duringEnlistment period during present war. such time as the United States may be at war, shall be for four years or for such shorter period or periods as the President may prescribe, or for the period or the present war.
Sec. 4. Additional commissioned officers in the Navy and Marine Temporary appointments based upon increases.*Post*, p. 715.Corps, based upon the temporary increases herein authorized in the number of enlisted men, shall be temporarily appointed by the President, in his discretion, with the advice and consent of the Senate, not above the grades and ranks of lieutenant in the line and staff of the Navy and major in the Marine Corps, the distribution in saidDistribution of grades.Vol. 39, pp. 576, 609. grades and ranks to be made in accordance with the provisions of the Act of August twenty-ninth, nineteen hundred and sixteen: *Provided*,*Provisos*.Original appointments to be in lowest grades.
That all temporary original appointments shall be made in the lowest commissioned grades of the line and staff of the Navy and Marine Corps, exclusive of commissioned warrant officers, and that there shall be no permanent or temporary appointments in or permanentRestrictions on appointments or promotions to higher grades. or temporary promotions to any grade or rank above that of lieutenant in the Navy or major in the Marine Corps by reason of the temporary appointment of officers authorized by this Act in excess of the total number of officers authorized by existing law or on account of the increase of enlisted men herein authorized: *Provided further*, That, during the period of the present war, the deficiencySupplying existing vacancies for present war. existing prior to the passage of this Act in the total number of commissioned officers of the Navy and Marine Corps authorized by the Act of August twenty-ninth, nineteen hundred and sixteen, may also be supplied by temporary appointments in the lowest grades and by temporary promotions to all other grades until a sufficient number of officers shall be available for regular appointment or promotion in accordance with existing law: *Provided further*, That nothingUse of retired officers, Naval Militia, reserves, etc., not abridged. herein shall be held or construed to Emit or abridge the use or service of the officers of the Navy and Marine Corps on the retired list or of the officers of the Naval Militia and National Naval Volunteers, Naval Reserve Force and Marine Corps Reserve, as provided and authorized under existing law: *Provided further*, That temporaryChaplains.Temporary appointments authorized.Vol. 38, p. 404. chaplains and temporary acting chaplains in the Navy may be appointed for service during the period of the war in the proportion of the personnel of the Navy as now prescribed by existing law.
Sec 5. That the additional temporary officers authorized in theOfficers.Eligibility for appointments or promotions to temporary grades or ranks.*Post*, p. 716. various grades and ranks of the Navy and Marine Corps in accordance with the next preceding section may be temporarily appointed to serve in the grades or ranks to which appointed or promoted by the temporary advancement of officers holding permanent and probationary commissions, by temporary appointment of commissioned warrant officers, warrant officers, and enlisted men of the Navy, and warrant officers, noncommissioned officer’s, and clerks to assistant paymasters of the Marine Corps, commissioned and warrant officers of the United States Coast Guard, citizens of the United States who have had previous naval or military service or training, and other citizens of the United States specially qualified: *Provided*, That in*Provisos*.Maximum age limit making appointments authorized herein the maximum age limit shall be fifty years for commissioned warrant officers, warrant officers, and enlisted men to ensign, enlisted men of the Navy to warrant rank, candidates for assistant surgeon, noncommissioned officers of the Marine Corps to commissioned rank, members of the Marine Corps branch of the Naval Militia and National Naval Volunteers, Marine Coins Reserve, and civilians specially qualified to commissioned rank, and warrant officers of the active list of the Marine Corps appointed to commissioned rank, and temporary 86Naval Academy and warrant officers.chaplains and temporary acting chaplains: *Provided further*, That graduates of the Naval Academy and warrant officers duly commissioned in the Navy or Marine Corps in accordance with existing law shall not, by virtue of this Act, be required to receive temporary Commissions to midshipmen on graduation.appointments: and the class of midshipmen graduated from the Naval Academy on March twenty-ninth, nineteen hundred and seventeen, and the classes to be graduated hereafter, may be commissioned Temporary warrant officers.effective from date of graduation: *Provided further*, That temporary appointments as warrant officers of the Navy may be made by the Lieutenants (junior grade) and ensigns.Secretary of the Navy: *Provided further*, That lieutenants (junior grade) and ensigns may be considered eligible for temporary promotions to the grades of lieutenant and lieutenant (junior grade), respectively, without regard to length of service in grade.
Sec. 6. Computations for promotions to be made semiannually during present war.Vol. 39, p. 578.Recommendations by Board. That during the period of the present war the computations to be made by the Secretary of the Navy as prescribed by the act of August twenty-ninth, nineteen hundred and sixteen, shall be made semiannually as of July first and January first of each year and at such other times as he may deem necessary; and the Board of Rear Admirals for selection for promotion prescribed in said Act may be convened at such times as the exigencies of the service may require and shall recommend for promotion such number of officers as the Secretary of the Navy may prescribe to fill vacancies in the several grades as provided by existing law.
Sec. 7. Permanent status not affected by temporary appointments.Vol. 39, pp. 576, 609. That the permanent and probationary commissions, appointments, and warrants of officers shall not be vacated by reason of their temporary advancement or appointment, nor shall said officers be prejudiced in their relative lineal rank in regard to promotion in accordance with the Act of August twenty-ninth, nineteen *Provisos*.Rights, etc., of enlisted men not abridged.hundred and sixteen: *Provided*, That the rights, benefits, privileges, and gratuities of all enlisted men of the Navy and Marine Corps now authorized by law shall not be lost or abridged in any respect whatever by their acceptance of temporary commissions or warrants Effect of temporary appointments.hereunder: *Provided further*, That no person who shall receive a temporary appointment shall be entitled to pay or allowances except wider such Reversion to prior grade, etc., on termination.temporary appointment: *And provided further*, That upon the termination of temporary appointments in a higher grade or rank as authorized by this Act the officers so advanced, including probationary second lieutenants, warrant officers, clerks to assistant paymasters, and enlisted men of the Navy and Marine Corps, commissioned and warrant officers of the United States Coast Guard, shall revert to Regular promotions not affected.the grade, rank, or rating from which temporarily advanced, unless such officers or enlisted men in the meantime, in accordance with law, become entitled to promotion to a higher grade or rank in the permanent Navy or Marine Corps, in which case they shall revert to said higher grade or rank and shall, after passing the prescribed examinations, be commissioned accordingly.
Sec. 8. Termination of temporary appointments. That all temporary appointments or advancements authorized by this Act shall continue in force only until otherwise directed by the President or until Congress shall amend or repeal the authorization for the increases herein provided and not later than six months after the termination of the present war. Sec. 9. Retirements. That any officer of the permanent Navy or Marine Corps, temporarily advanced in grade or rank in accordance with the provisions of this Act, who shall be retired from active service under his permanent commission while holding such temporary rank, except for physical disability incurred in line of duty, shall be placed on the retired list with the grade or rank to which his position in the permanent Navy or Marine Corps at the date of his retirement would entitle him, and any person originally appointed temporarily, as provided in this Act, shall not be entitled to any rights of retirement, except for physical disability incurred in line of duty. 87 Sec. 10.
That, during the continuance of the present war, shouldMarine Corps.Promotion of probationary second lieutenants. any second lieutenant of the Marine Corps holding a probationary appointment for the period of two years become eligible for promotion to a higher grade and qualify therefor before the expiration of two years from the date of original appointment, he shall receive a probationary appointment in such higher grade, which appointment shall be made permanent or shall be vacated in the manner prescribed by the Act of August twenty-ninth, nineteen hundred and sixteen.Vol. 39, p. 611.
Sec. 11. That the appointment of thirty marine gunners, thirtyAdditional marine gunners, etc., authorized.Vol. 39, p. 611. quartermaster’s clerks, and nine clerks to assistant paymasters, additional to the number now prescribed by law, and the temporary appointment of eight clerks to assistant paymasters for the war, is hereby authorized, such appointments to be made in the manner now provided by law. Sec. 12. That the temporary appointments and promotions hereinAppointments by the President and Senate. authorized shall be made by the President, with the advice and consent of the Senate.
Sec. 13. Nothing contained in this Act shall operate to reduce theNo reduction of rank, pay, etc. rank, pay, or allowances that would have been received by any person in the Navy, Marine Corps, or Coast Guard except for the passage of tins Act. Sec. 14. That the provisions of the Act entitled “An Act makingPersonnel.Limitation on number of line captains repealed.Vol. 39, p. 579. appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes,” approved August twenty-ninth, nineteen hundred and sixteen, which read as follows:
“*Provided further*, That the increase in the number of captains herein authorized shall be made at the rate of not more than ten captains in any one year” and “That officers ofMarine Corps.Retirement of colonels as brigadier generals, repealed.Vol. 39, p. 611. the Marine Corps with the rank of colonel who shall have served faithfully for forty-five years on the active list shall, when retired, have the rank of brigadier general; and such officers who shall hereafter be retired at the age of sixty-four years before having served for forty-five years, but who shall have served faithfully on the active list until retired, shall, on the completion of forty years from their entry in the naval service, have the rank of brigadier general,” are hereby repealed.
Sec. 15. That commencing June first, nineteen hundred and seventeen,Enlisted men.Pay increased during the war.Basis. and continuing until not later than six months after the termination of the present war, all enlisted men of the Navy of the United States in active service whose base pay does not exceed $21 per month shall receive an increase of $15 per month; those whose base pay is over $21 and does not exceed $24 per month, an increase of $12 per month; those whose base pay is over $24 and less than $45 per month, an increase of $8 per month; and those whose base pay is $45 or more per month, an increase of $6 per month: *Provided*,*Provisos*.Not credited to service pay.Coast Guard.Pay, etc., to correspond with Navy.
That the increases of pay herein authorized shall not enter into the computation of continuous-service pay: *Provided*, That during the continuance of the present war, warrant officers, petty officers and enlisted men of the United States Coast Guard shall receive the same rates of pay as are or may hereafter be prescribed for corresponding grades or ratings and length of service in the Navy. Sec. 16. That the President is hereby authorized, whenever inCoast and Geodetic Survey.Transfer of vessels, etc., to Army or Navy. his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of the War Department, or of the Navy Department, such vessels, equipment, stations, and personnel of the Coast and Geodetic Survey as he may deem to the best interest of the country, and after such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which transfer is made: *Provided*, That such vessels, equipment,*Provisos*.Return when emergency ceases. stations, and personnel shall be returned to the Coast and Geodetic Survey when such national emergency ceases, in the opinion of 88the President, and nothing in this Act shall be construed as transferring the Coast and Geodetic Survey or any of its functions from the Department of Commerce except in time of national Personnel subject to Army or Navy laws, etc.emergency and to the extent herein provided: *Provided further*, That any of the personnel of the Coast and Geodetic Survey who may be transferred as herein provided shall, while under the jurisdiction of the War Department or Navy Department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army or Navy, as the case may be, in so far as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated Field officers.Offices of hydrographic and geodetic engineers created.by law: *And provided further*, That the President is authorized to appoint, by and with the advice and consent of the Senate, the field officers of the Coast and Geodetic Survey, who are now officially designated assistants and aids, as follows:
Officers now designated assistants and receiving a salary of $2,000 or more per annum shall be appointed hydrographic and geodetic engineers; officers now designated assistants and receiving a salary of $1,200 or greater but less than $2,000 per annum shall be appointed junior hydrographic and geodetic engineers; officers now designated aids shall be Examinations required, etc.appointed aids: *Provided*, That no person shall be appointed aid or shall be promoted from aid to junior hydrographic and geodetic engineer or from junior hydrographic and geodetic engineer to hydrographic and geodetic engineer until after passing a satisfactory mental and physical examination conducted in accordance with regulations prescribed by the Secretary of Commerce, except that the President is authorized to nominate for confirmation the assistants and aids in the service on the date of the passage of this Act.
Present pay, etc., not reduced.Pension benefits.Nothing in this Act shall reduce the total amount of pay and allowances they were receiving at the time of transfer. While actually employed in active service under direct orders of the War Department or of the Navy Department members of the Coast and Geodetic Survey shall receive the benefit of all provisions of laws relating to disability incurred in line of duty or loss of life. Relative rank in service of Army or Navy.When serving with the Army or Navy the relative rank shall be as follows:
Hydrographic and geodetic engineers receiving $4,000 or more shall rank with and after colonels in the Army and captains in the Navy. Hydrographic and geodetic engineers receiving $3,000 or more but less than $4,000 shall rank with and after lieutenant colonels in the Army and commanders in the Navy. Hydrographic and geodetic engineers receiving $2,500 or more but less than $3,000 shall rank with and after majors in the Army and lieutenant commanders in the Navy. Hydrographic and geodetic engineers receiving $2,000 or more but less than $2,500 shall rank with and after captains in the Army and lieutenants in the Navy.
Junior hydrographic and geodetic engineers shall rank with and after first lieutenants in the Army and lieutenants (junior grade) in the Navy. Aids shall rank with and after second lieutenants in the Army and ensigns in the Navy. Pay when not on military duty.And nothing in this Act shall be construed to affect or alter their rates of pay and allowances when not assigned to military duty as hereinbefore mentioned. Regulations governing duties, etc.The Secretary of War, the Secretary of the Navy, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the Coast and Geodetic Survey in time of war, and for the cooperation of that service with the War and Navy Departments in time of peace in preparation for its duties in war, which regulations shall not be effective unless approved by each of the 89said Secretaries, and included therein may be rules and regulations for making reports and communications between the officers or bureaus of the War and Navy Departments and the Coast and Geodetic Survey.
Sec. 17. That nothing contained in the Act of August twenty-ninth,Medical Corps, Navy.Status retained.Vol. 39, p. 577. nineteen hundred and sixteen, shall operate to disturb the relative position of officers in the Medical Corps with reference to precedence or promotion, but all such officers otherwise qualified shall be advanced in rank with or ahead of officers in said corps who were their juniors on the date of said Act. Sec. 18. That the President be, and he is hereby, further authorizedCommand of fleets, etc.Designation of admirals or vice admirals for. to designate six officers of the Navy for the command of fleets or subdivisions thereof and, after being so designated from the date of assuming such command until relinquishing thereof, not more than three of such officers shall each have the rank and pay of an admiral, and the others shall each have the rank and pay of a vice admiral; and the grades of admiral and vice admiral are Thereby authorized and continued for the purpose of this Act: *Provided*, That in time*Provisos*.Selection in time of war. of war the selections under the provisions of this section shall be made from the grades of rear admiral or captain on the active list of the Navy: *Provided further*, That the pay of an admiral shall be $10,000 and thePay.Designation in time of peace. pay of a vice admiral $9,000 per annum: *Provided further*, That in time of peace officers for the command of fleets and subdivisions thereof, as herein authorized, shall be designated from among the rear admirals on the active list of the Navy: *Provided further*, ThatNo vacancy created. nothing herein contained shall create any vacancy in any grade in the Navy or increase the total number of officers authorized by law: *Provided further*, That when an officer with the rank of admiral or viceTo return to regular rank when detached. admiral is detached from the command of a fleet or subdivision thereof, as herein authorized, he shall return to his regular rank in the list of officers of the Navy and shall thereafter receive only the pay and allowances of such rank: *And provided further*, That nothingStatus of “flag officers ” not affected. in this Act shall be held or construed as amending or repealing the[R.
S., secs. 1434, 1463, 1464, pp. 252, 255](/us/rs/s1434/1463/1464/pp252/255). provisions of sections fourteen hundred and thirty-four, fourteen hundred and sixty-three, and fourteen hundred and sixty-four of the Revised Statutes of the United States. That the provision in the Act approved March third, nineteenFormer provision repealed.Vol. 38, p. 941. hundred and fifteen, for the designation of commanders in chief of certain fleets with the rank of admiral and for the designation of officers second in command of such fleets with the rank of vice admiral be, and the same is hereby, repealed.
Sec. 19. That section forty-four of the Act entitled “An Act toCriminal Code amendment.Vol. 35, p. 1097, amended. codify, revise, and amend the penal laws of the United States,” approved March fourth, nineteen hundred and nine, as amended by an Act entitled “An Act making appropriation for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes,” approved March fourth, nineteen hundred and seventeen, be, and is hereby, amended by adding the following to said section:
“*Provided*, That offenses hereunder committed within the CanalViolating defensive sea areas regulations, etc.Vol. 39, p. 1194, amended.Jurisdiction of District Court of Canal Zone over offenses. Zone or within any defensive sea areas which the President is authorized to establish by said section, shall be cognizable in the District Court of the Canal Zone, and jurisdiction is hereby conferred upon said court to hear and determine all such cases arising under said section and to impose the penalties therein provided for the violation of any of the provisions of said section.
” Sec. 20. That hereafter all laws relating to the examination ofStaff officers. officers of the Navy for promotion shall be construed to apply to theExamination for advancement to higher ranks. regular advancement of staff officers to higher ranks on the active list the same as though such advancements in rank were promotions 90*Provisos*.Limitation.to higher grades: *Provided*, That examinations for such staff officers shall not be required except for such regular advancements in rank:
Records of examining board to be acted on by Secretary of the Navy.[R. S., sec. 1502, p. 259](/us/rs/s1502/p259), amended.*Provided further*, That the President be, and he is hereby, authorized to direct the Secretary of the Navy to take such action on the records of proceedings of naval examining boards and boards of naval surgeons for the promotion of officers of the Navy as is now required by law to be taken by the President. Sec. 21. Extra ration for deck force on night duty during present war.
That during the continuance of the present war an extra allowance of one ounce of coffee or cocoa, two ounces of sugar, four ounces of hard bread or its equivalent, and four ounces of preserved meat or its equivalent shall be allowed to enlisted men of the deck force when standing night watches between eight o’clock postmeridian and eight o’clock antemeridian. Approved, May 22, 1917.