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[No. 11]

TO AMEND THE PROVISION CONTAINED IN THE ACT APPROVED AUGUST 29, 1916, RELATING TO THE ASSIGNMENT TO DUTY OF CERTAIN OFFICERS OF THE UNITED STATES NAVY AS FLEET AND SQUADRON ENGINEERS

NAVY DEPARTMENT, Washington, December 3, 1926.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives.

MY DEAR MR. CHAIRMAN: There is inclosed herewith a copy of a letter, together with a copy of a proposed bill to amend the provision contained in the act approved August 29, 1916, relating to the assignment to duty of certain officers of the United States Navy as fleet. and squadron engineers, this day forwarded to the Speaker of the House of Representatives.

Sincerely yours,

CURTIS D. WILBUR,

Secretary of the Navy

P16-3/OF13/A18-1(261113) L

NAVY DEPARTMENT,

Washington, December 3, 1926.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: I have the honor to transmit herewith a proposed draft of a bill to amend the provision contained in the act approved August, 29, 1916, relating to the assignment to duty of certain officers of the United States Navy as fleet and squadron engineers.

The existing law (act approved August 29, 1916, 39 Stat. 580) provides:

Officers of the line of the Navy not below the grade of lieutenant may, upore application, and with the approval of the Secretary of the Navy, be assigned toengineering duty only, and that when so assigned and until they reach the grade of commander, they shall perform duty as prescribed in section four of the personnel act approved March third, eighteen hundred and ninety-nine, and thereafter shore duty only as now prescribed for officers transferred to the line from the former Engineer Corps, except that commanders may be assigned to duty as fleet and squadron engineers * * *.

Under this law officers for "engineering duty only" of the rank of commander may be assigned to sea duty as fleet or squadron engineers and no other sea duty, and of the rank of captain to shore duty only.

The proposed amendment, if enacted, will modify existing law in. three respects. Firstly, it will grant authority to the Navy Department to assign officers on the "engineering duty only" list in the ranks above that of commander to sea duty as fleet or squadron.

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engineers or as engineers officers of ships, upon their own request; secondly, it will permit the assignment of commanders to sea duty as engineers officers of ships, upon their own request; thirdly, it will authorize assignment of commanders to sea duty as fleet or squadron engineers only upon their own request. This latter change will modify the existing law under which the assignment of commanders to duty as fleet or squadron engineers may be made in the discretion of the Navy Department.

The reason why the Navy Department desires this authority is to meet the growing demand for an increase in rank of engineering officers on the staffs of the commanders in chief of our fleets. This is due to the increased demand for experienced supervision of the material conditions afloat. The services of such officers above the rank of commander, who have acquired a vast experience in the design, construction, operation and repair of ships, should be available to the commanders in chief. Furthermore, the number of officers in commander rank available for this duty is limited. In the next few years more than half of the officers on the "engineering duty only" list will be captains. The change herein proposed will allow a greater selection in the detail of experienced engineer officers to this important duty on the staffs of the commanders in chief.

The proposed legislation will permit the assignment of officers on the "engineering duty only" list of the rank of commander, upon their request, to duty as fleet or squadron engineers and as engineer officers of ships. The reason this additional authority is desired is to utilize the services of experienced engineers in special cases, such as new ships and ships with experimental or advanced machinery which require special knowledge and experience of engineering while building and for a certain period of operation after commission.

When these officers applied for "engineering duty only" they did so with the knowledge that under the law they would not be assigned to sea duty after they reached the rank of commander, except that commanders could be assigned to duty as fleet or squadron engineers. It would not seem fair to them to now provide additional sea duties to which they may be assigned, unless such assignment is upon their request. Accordingly, the proposed amendment is so worded. It is contemplated, however, that a sufficient number of captains and commanders will request the additional sea details provided for in the proposed legislation to meet the service needs as set forth above. In view of the foregoing, the Navy Department recommends that the attached draft of bill be enacted into law at an early date..

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

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[No. 12]

PRIORITY LIST OF LEGISLATION AS DETERMINED BY THE NAVY DEPARTMENT FOR THE SECOND SESSION OF THE SIXTYNINTH CONGRESS

NAVY DEPARTMENT, Washington, December 3, 1926.

The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: For the information of the House Committee on Naval Affairs, I have the honor to submit the following list of pending legislation which the Navy Department recommends for enactment during the coming session of the Congress. This list is arranged in the order of priority as determined by the department. Other items of legislation will later be recommended by the Navy Department. These are not included in the list below, as the Navy Department is not yet informed as to whether or not they come within the financial program of the President.

Bill No.

Subject

Present status

H. R. 11492. To authorize the Secretary of the Navy to proceed with the construction of certain public works, and for other purposes.

H. R. 12535...

To regulate the distribution and promotion of commis-
sioned officers of the line of the Navy, and for other pur-
poses.

H. R. 3994. To authorize the admission to naval hospitals of depend-
ents of officers and enlisted men of the naval service in
need of hospital care.

H. R. 9567... To authorize the detail of officers of the line of the Navy for aerologist duty only and to create the warrant and commissioned warrant grades of aerographer and chief aerographer and to provide for one aerographer per an

num.

H. R. 12852... Authorizing the Secretary of the Navy to accept on behalf of the United States title in fee simple to a certain strip of land and the construction of a bridge across Archers Creek in South Carolina.

H. R. 9639.

H. R. 10469...

To authorize the exchange of certain land between the
United States and the District of Columbia.
To authorize payment of 6 months' death gratuity to de-
pendent relatives of officers, enlisted men, or nurses
whose death results from wounds or disease not resulting
from their own misconduct.

H. R. 181.... To aid and extend the commissary privileges to the widows
of officers and enlisted men of the Navy or Marine Corps.
H. R. 8183... To authorize the discharge of any person under 21 years of
age enlisting in the naval service or Marine Corps with-
out the written consent of the parent or guardian.

H. R. 12212... Authorizing the Secretary of the Navy to dispose of obsolete aeronautical equipment to accredited schools, colleges and universities.

H. R. 3781

H. R. 8724...

To authorize the Secretary of the Navy to permit the sale
of exterior articles of uniform to honorably discharged
enlisted men.

To permit certain warrant officers to count all active serv-
ice rendered under temporary appointments as warrant
or commissioned officers of the regular Navy, or as war-
rant or commissioned officers in the United States Naval
Reserve Force, for purposes of promotion to chief warrant
rank.

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Pending before House Committee on Naval Affairs.

Reported to the House June 10, 1926.

Reported out Mar. 18, 1926,
by the House Committee
on Naval Affairs.
Pending before the House
Committee on Naval Af-
fairs.

Do.

Do.

Do.

Do.

Passed House Mar. 29, 1926.
Pending before the Senate
Committee on Naval Af-
fairs.

Pending before the House
Committee on Naval Af-

fairs.

Do.

Do.

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[No. 13]

AUTHORIZING THE COURT OF CLAIMS OF THE UNITED STATES TO HEAR AND DETERMINE THE CLAIM OF JAMES LUKER (H. R. 12527)

26250-3534:1-L

NAVY DEPARTMENT, Washington, December 6, 1926.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of May 19, 1926, inclosing the bill H. R. 12277, and the committee's letter of June 1, 1926, inclosing the bill H. R. 12527, both bills "Authorizing the Court of Claims of the United States to hear and determine the claim of James Luker," I have the honor to advise you as follows:

The records of the Navy Department show that George De Witt Luker was born April 23, 1902, and enlisted in the Navy on April 11, 1921, at New York, N. Y., as an apprentice seaman. He died in the naval hospital, Norfolk, Va., of powder burns on October 22, 1924, as the result of a turret explosion on the U. S. S. Trenton on October 20, 1924. Payment of the six months' gratuity was not made to John Luker, brother and only designated beneficiary of George De Witt Luker, because John Luker stated that he was not dependent in any way upon his deceased brother.

The records further show that Luker carried no Government insurance, and that an allotment of $25 per month for 12 months, first payment in February, 1922, granted by him in favor of James Luker, Belford, N. J., was discontinued at the grantor's request after payment for June 30, 1922. Luker, therefore, had no allotment running at time of his death.

The Navy Department is unable to estimate the cost of this proposed legislation for the reason that it has no way of determining what damages, if any, Luker's father suffered through the death of his son.

The bill H. R. 12277 was referred to the Director of the Bureau of the Budget with the above information as to cost and a statement to the effect that the Navy Department contemplated making an unfavorable recommendation on the bill, and under date of September 28, 1926, the Navy Department was advised that this report would not be in conflict with the financial program of the President. In view of the above, the Navy Department does not recommend enactment of the legislation proposed by the bills H. R. 12277 and H. R. 12527.

Sincerely yours,

CURTIS D. WILBUR,
Secretary of the Navy.

20038-26-No. 13

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