Amendments nos. 16 and 17: Corrects the section number, and provides a maximum penalty of $1,000, as proposed by the Senate, instead of $5,000, as proposed by the House, for any violation of any rule or regulation prescribed by the President. Amendment no. 18: Inserts the new section proposed by the Senate providing that the President shall require to be paid such rates of pay for all persons engaged upon any project financed, in whole or in part, through loans or otherwise, by funds appropriated by the joint resolution as will, in his discretion, accomplish its purposes and not affect adversely or otherwise tend to decrease the going rates of wages paid for work of a similar nature; and also authorizes the President to fix different rates of wages for various types of work, which rates need not be uniform throughout the United States. The proviso of the second paragraph of the amendment, relating to wages upon construction of permanent buildings for use of any department of the Government, is modified so as to make applicable to such construction, in lien of the requirement in the Senate amendment of "any law of the United States or any code", the provisions of the act of March 3, 1931 (the Davis-Bacon Act), with the further condition. that the rates of wages shall be determined in advance of any bidding thereon. Amendment no. 19: Inserts as proposed by the Senate a new section which provides that wherever practicable full advantage shall be taken of the facilities of private enterprise in carrying out the provisions of the joint resolution. Amendment no. 20: Strikes out the section inserted by the Senate requiring sanitary plumbing work in connection with building construction under the resolution to be let separately by contract to the lowest qualified bidder. Amendment no. 21: Inserts a new section proposed by the Senate providing for a fine of not more than $2,000 or imprisonment for not more than 1 year, or both, for any fraud or attempted fraud in connec tion with the operations under the joint resolution. Amendment no. 22: Inserts a new section, as proposed by the Senate, continuing in full force and effect until June 30, 1936, or such earlier date as the President by proclamation may fix, the provisions of the Federal Emergency Relief Act of 1933, as amended. Amendment no. 23: Inserts a new section, as proposed by the Senate, which prohibits the expenditure of any of the funds appropriated by the joint resolution for administrative expenses of any department, bureau, etc., if such administrative expenses are ordinarily financed from annual appropriations, unless additional work is imposed upon such department, bureau, etc., by reason of the joint resolution. Amendment no. 24: Inserts a new section proposed by the Senate continuing until June 30, 1937, the Public Works Administration and authorizes the Administration to perform such of its functions under title II of the National Industrial Recovery Act and under this joint resolution as may be authorized by the President. The section also continues available, until June 30, 1937, all sums appropriated to carry out the purposes of the National Industrial Recovery Act. The section also authorizes the President to sell securities acquired under that act and this joint resolution and to use the proceeds for making further loans under that Act and this joint resolution. Amendment no. 25: Strikes out the amendment inserted by the Senate making available not to exceed $40,000,000 to the States, on the basis of demonstrated need, to enable them to maintain their public schools for the remainder of the current school year. In connection with this action, attention is called to the provision in the modification of Senate amendment no. 3, in the allocation of $300,000,000, wherein provision is made for "assistance for educational, professional and clerical persons". Amendment no. 26: Retains the section inserted by the Senate providing for the application to the expenditure of funds directly by the United States and funds granted or distributed for expenditure otherwise, of the Federal law providing for the acquisition of articles, materials, and supplies mined, produced, or manufactured in the United States (Buy American Act). Amendment no. 27: Inserts a substitute for the section proposed by the Senate extending until March 31, 1937, the authority of the President under the Act pursuant to which is maintained the Civilian Conservation Corps, the purpose of which substitute is to make clear the intent of the Senate amendment. Amendment no. 28: Strikes out the amendment inserted by the Senate providing for expansion of the currency through the issuance of silver certificates and the acceptance of silver in settlement and adjustment of any balance due the United States. Amendments nos. 29 and 30: Corrects section numbers. J. P. BUCHANAN, ROBERT L. BACON, Managers on the part of the House. О JOHN M. MCNULTY APRIL 5, 1935.-Committed to the Committee of the Whole House and ordered to be printed Mr. BURNHAM, from the Committee on Naval Affairs, submitted the following REPORT [To accompany H. R. 2130] The Committee on Naval Affairs, to whom was referred the bill (H. R. 2130) for the relief of John M. McNulty, having considered the same, report it to the House with the recommendation that the bill do pass. A similar bill was reported to the House in the Seventy-third Congress. The purpose of this bill is to appoint John M. McNulty a lieutenant commander on the Naval Reserve officers' retired list of the Navy, with the retired pay of that rank as provided by law for officers retired by reason of physical disability incident to service. It developed during the hearing on this bill that McNulty had a total naval service of 22 years 8 months 5 days. He served 4 years of this time as an enlisted man and the remainder as an officer. His character of service was excellent during his entire naval service. During the period March 23, 1923, to April 30, 1931, McNulty was on active duty in the Navy. At the present time Mr. McNulty is broken in health and is suffering from a severe heart ailment. This disability is service connected and was incurred while he was in an active-duty status, as is indicated by the following letters: From: The Commanding Officer. UNITED STATES NAVAL HOSPITAL, To: The Chief of the Bureau of Medicine and Surgery. Subject: McNulty, John Michael, lieutenant, United States Naval Reserve, correspondence in case of. Enclosure: Letter from Congressman Phil D. Swing, November 17, 1932, in regard to Lt. J. M. McNulty, United States Naval Reserve Force, enclosing hospital records. 1. The questions asked by Congressman Swing have been referred to the medical officers who had charge of the case of subject-named officer. It is their opinion that the myocardial disease secondary to coronary sclerosis existed 6 months or more prior to August 18, 1931, when he experienced a short period of unconsciousness. 2. As coronary sclerosis is a chronic process which takes years to advance to a degree to sufficiently impair the circulation of the heart muscle and produce myocardial degeneration or coronary occlusion with bundle branch block, it is highly probable that on August 18, 1931, a small coronary occlusion was present, giving rise to the bundle branch block which has persisted. Hon. PHIL D. SWING, U. R. WEBB. NAVY DEPARTMENT, BUREAU OF MEDICINE AND SURGERY, House of Representatives, Washington, D. C. MY DEAR MR. SWING: In accordance with the request contained in your letter of November 17, 1932, relative to Lt. John Michael McNulty, United States Naval Reserve, and this Bureau's reply of November 18, 1932, there is enclosed a copy of a report, dated November 26, 1932, from the commanding officer United States Naval Hospital, San Diego, Calif., in this case. In view of the nature of the disability in this case, the Bureau concurs in the opinions as contained in the letter from the commanding officer United States Naval Hospital, San Diego, Calif., dated November 26, 1932. The enclosures forwarded with your letter of November 17, 1932, are returned herewith. Very sincerely yours, C. E. RIGGS, Chief of Bureau. Admiral Coontz, former Chief of Naval Operations, had the following to say in regard to McNulty: I have known John McNulty for probably thirty-odd years. He served under me as soon as the last war broke out, and I utilized him in every line. He had his law experience. He was an engineer and an all-around man in every way. He overworked himself. He went into it all the time. The last 2 or 3 years I watched him out there and was not surprised when he fell. I understand he has to have an attendant. It is one of those cases, which, in my opinion, are very deserving, and which must be carefully looked into. Some time we shall have to have legislation to cover just such cases. Apparently there is not any such legislation now, but I regard his as one of the most deserving cases I ever knew, from knowing the man all these years, how he has worked, how he came back in the service in 1917 and served under me day and night. I say what I do for your consideration. In view of the above, the committee feels that this is a very deserving case and that the relief provided for in this bill should be granted. McNulty submitted an affidavit in regard to his service and physical condition which is herewith quoted as a part of this report. John M. McNulty, being first duly sworn, deposes and says: That I was ordered to active duty with the eleventh naval district of the United States Naval Establishment on the date of March 23, 1923, and served continuously and without break until April 30, 1931, or during a period of 8 years 1 month 7 days, when I was released to inactive duty. During this period of over 8 years I was at all times subject to the discipline and responsibilities provided by the United States Naval Regulations, which includes a regulation for the relief of those disabled in the line of duty. That during this period of service my naval and military status, as part of the Naval Establishment, was identical in every particular with that of the regular officers under whom, with whom, and at times over whom I served, as may be noted from the fact that at one time I was tried by a board of general court martial composed wholly of regular naval officers, for an infraction of one of the naval regulations, and punished, for having suffered the propeller of my ship to bump against a submerged, unseen, and unknown obstacle. That during said 8 years and more of active duty, I served in every rank from ensign up to lieutenant commander of the Fleet Reserve, which rank I still hold in a voluntary status, due to being on inactive status. That while so enaged on active duty I was assigned to and performed the duties of commander of the first subdistrict, eleventh naval district; inspector |