United States Marine Corps, as a captain in the Marine Corps, with the retired pay and allowances of that rank. The bill meets with the approval of the Navy Department, as shown by the letter of the Secretary of the Navy, dated February 23, 1935, which is hereby made a part of this report. NAVY DEPARTMENT, The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, MY DEAR MR. CHAIRMAN: Bill H. R. 3216, for the relief of the present leaders of the United States Navy Band and the band of the United States Marine Corps, was referred to the Navy Department on January 15, 1935, by your committee with a request for report and recommendation. This bill provides that the present leaders of the Navy Band and the Marine Corps Band shall have the rank, pay, and allowances of a lieutenant in the Navy and a captain in the Marine Corps, respectively; that in the computation of their pay and allowances all service in the Navy and the Marine Corps of whatever nature rendered by them shall be counted as if it were commissioned service; and that they shall, at such time as the President may in his discretion direct, be entitled to retirement as a lieutenant in the Navy and as a captain the Marine Corps, respectively, in the same manner as other officers of the Navy and Marine Corps of such rank and length of service computed, as stated above, would be entitled to retirement. The law governing the pay and allowances of leaders of the Navy Band and of the Marine Corps Band is embodied in sections 17 and 11, respectively, of the act approved March 4, 1925 (43 Stat. 1274-1275), and in the act approved June 10. 1922 (42 Stat. 625; U. S. C., title 37, sec. 5); the first-mentioned act providing that they shall receive the pay and allowances of a lieutenant in the Navy and a captain in the Marine Corps, respectively, and the last-mentioned act providing that the pay of those persons not officers, but whose pay is equivalent to that of a captain in the Army, shall be the pay of the third-pay period. The bill, H. R. 3216, if enacted, will permit the present leaders of the Navy Band and Marine Corps Band to receive the pay and allowances of the fourthpay period in the same manner as an officer with the rank of lieutenant in the Navy or captain in the Marine Corps, respectively, receive such pay and allowances, that is, after 17 years of service. The bill H. R. 3216, if enacted, would result in an immediate increased cost of $1,329 per annum for the leader of the Navy Band, and when retired after 30 years' service, the increased cost as compared to the cost under existing law would be $675 per annum. For the leader of the Marine Corps Band there would be an immediate increased cost of $1,359 per annum, and when retired after 30 years' service the increased cost as compared to the cost under existing law would be $675 per annum. The Navy Department recommends that the bill H. R. 3216 be enacted. Sincerely yours, O H. L. ROOSEVELT, Acting. FREDERICK L. CAUDLE APRIL 4, 1935.-Committed to the Committee of the Whole House and ordered to be printed Mr. MAAS, from the Committee on Naval Affairs, submitted the following REPORT [To accompany H. R. 5782] The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 5782) providing for the advancement in rank of Frederick L. Caudle on the retired list of the United States Navy, having considered the same, report it to the House with the recommendation that it do pass. A similar bill (H. R. 2125) was reported to the House in the Seventysecond Congress, and a similar bill (H. R. 5689) Seventy-third Congress passed the House. The Navy Department interposes no objection to the enactment of the bill. The purpose of this bill is to provide that Ensign Caudle shall have the rank of lieutenant (junior grade) on the retired list of the Navy, with the retired pay and allowances of that rank. The following letter from the Secretary of the Navy sets forth the Navy Department's views of the bill and is hereby made a part of this report: NAVY DEPARTMENT, The CHAIRMAN Committee on Naval Affairs, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The report and recommendation of the Navy Department on the bill listed below are the same as previously submitted to the Chairman House Naval Affairs Committee on the date indicated. H. R. 5782; January 12, 1932. Sincerely yours, CLAUDE A. SWANSON. The report and recommendation above referred to are as follows: NAVY DEPARTMENT, Washington, January 12, 1932. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 14, 1931, transmitting the bill (H. R. 2125) to provide for the advancement on the retired list of the Navy of Frederick L. Caudle, and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform the committee as follows: The purpose of this bill is to provide that Ensign Frederick L. Caudle, United States Navy, retired, shall have the rank and receive the pay and allowances on the retired list of the Navy of a lieutenant (junior grade) with 3 years' service Ensign Frederick L. Caudle was appointed a midshipman in the Navy on June. 18, 1919; was commissioned ensign on June 8, 1923, and was placed on the retired list on April 10, 1926, by reason of physical disability (tuberculosis) resulting from an incident of the service. He developed tuberculosis in September 1925 and was then sent to the naval hospital, Mare Island, Calif., for treatment. In March 1926 he was examined by a naval retiring board and pronounced incapacitated for service. Upon the approval of the findings of the naval retiring board by the President, he was placed on the retired list on April 10, 1926. If Mr. Caudle's retirement had been delayed until after June 8, 1926, on which date he would have become due for promotion to the grade of lieutenant (junior grade), he would then have been retired in the latter grade as provided by the act of March 4, 1911 (36 Stat. 1267; U. S. C., title 34, sec. 390). The Navy Department believes that ample opportunity for treatment and for determination of the permanent character of his disability was accorded to Mr. Caudle in the interval between the first appearance of the disease in September 1925 and his final retirement on April 10, 1926. Delay in retirement for the specific reason of permitting his passing the date when his eligibility for promotion would warrant his retirement in the next higher grade would be unjustifiable in that he would have been continued in an active-duty status and on active-duty pay when obviously not able to perform duty. On the other hand, however, Ensign Caudle's retirement was effected immediately upon receipt of the recommendation of the retiring board and without the grant of any leave, in accordance with the then existing policy of the Navy Department. Since that time, however, the Navy Department has adopted the policy of granting officers a slight postponement in date of effect of retirement upon receipt of the recommendation of the retiring board, this postponement not to exceed their accrued leave and in no case to exceed 2 months. If this present policy had been in effect at the time of Mr. Caudle's retirement, his date of retirement would have been automatically set as in June 1926 rather than April 1926; which thus set without regard to his impending date of promotion, would have carried the date of his retirement beyond the date he would have become due for promotion and would therefore, under the law, have entitled him to retirement in the grade of lieutenant (junior grade). In general, the Navy Department believes that administrative acts accomplished under an established policy should not be subject to revision because of a subsequent change of policy and of parallel cases which are then conducted under such subsequent policy, but in view of the circumstances of this case, interposes no objection to the enactment of this bill. The bill H. R. 2125, if enacted into law, will result in an increased cost to the Government at the rate of $450 per annum. The bill H. R. 2125 is similar language to the bill S. 2721 introduced in the Seventy-first Congress. Sincerely yours, W. V. PRATT, Acting Secretary of the Navy. HOUSE JOINT RESOLUTION 117 APRIL 4, 1935.-Ordered to be printed Mr. BUCHANAN, from the Committee on Appropriations, submitted the following CONFERENCE REPORT [To accompany H. J. Res. 117] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the joint resolution (H. J. Res. 117) making appropriations for relief purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendments numbered 10, 11, 12, 16, 20, 25, and 28. That the House recede from its disagreement to the amendments of the Senate numbered 2, 4, 6, 8, 9, 17, 21, 22, and 24, and agree to the same. Amendment numbered 1: That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with an amendment as follows: In lieu of the matter inserted by said amendment, insert the following: provide relief, work relief and to increase employment by providing for useful projects; and the Senate agree to the same. Amendment numbered 3: That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amendment as follows: as In lieu of the matter inserted by said amendment insert the following: Provided, That except as to such part of the appropriation made herein as the President may deem necessary for continuing relief as authorized under the Federal Emergency Relief Act of 1933, amended, or for restoring to the Federal Emergency Administration of Public Works any sums which after December 28, 1934, were, by order of the President impounded or transferred to the Federal Emergency Relief Administration from appropriations heretofore made available to such Federal Emergency Administration of Public Works (which restoration is hereby authorized), this appropriation shall be available for the following classes of projects, and the amounts to be used for each class shall not, except as hereinafter provided, exceed the respective amounts stated, namely: (a) Highways, roads, streets, and grade-crossing elimination, $800,000,000; (b) rural rehabilitation and relief in stricken agricultural areas, and water conservation, trans-mountain water diversion and irrigation and reclamation, $500,000,000; (c) rural electrification, $100,000,000; (d) housing, $450,000,000; (e) assistance for educational, professional and clerical persons, $300,000,000; Civilian Conservation Corps, $600,000,000; (g) loans or grants, or both, for projects of States, Territories, Possessions, including subdivisions and agencies thereof, municipalities, and the District of Columbia, and self-liquidating projects of public bodies thereof, where, in the determination of the President, not less than twenty-five per centum of the loan or the grant, or the aggregate thereof, is to be expended for work under each particular project, $900,000,000; (h) sanitation, prevention of soil erosion, prevention of stream pollution, sea coast erosion, reforestation, forestation, flood control, rivers and harbors and miscellaneous projects, $350,000,000: Provided further, That not to exceed 20 per centum of the amount herein appropriated may be used by the President to increase any one or more of the foregoing limitations if he finds it necessary to do so in order to effectuate the purpose of this joint resolution: Provided further, That no part of the appropriation made by this joint resolution shall be expended for munitions, warships, or military or naval matériel; but this proviso shall not be construed to prevent the use of such appropriation for new buildings, reconstruction of buildings and other improvements in military or naval reservations, posts, forts, camps, cemeteries, or fortified areas, or for projects for nonmilitary or nonnaval purposes in such places; and the Senate agree to the same. Amendment numbered 5: That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an amendment, as follows: In lieu of the matter inserted by the said amendment insert the following: Except as hereinafter provided, all sums allocated from the appropriation made herein for the construction of public highways and other related projects (except within or adjacent to national forests, national parks, national parkways, or other Federal reservations) shall be apportioned by the Secretary of Agriculture in the manner provided by section 204 (b) of the National Industrial Recovery Act for expenditure by the State highway departments under the provisions of the Federal Highway Act of November 9, 1921, as amended and supplemented, and subject to the provisions of section 1 of the Act of June 18, 1934 (48 Stat. 993): Provided, That any amounts allocated from the appropriation made herein for the elimination of existing hazards to life at railroad grade crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate grade crossings, shall be apportioned by the Secretary of Agriculture to the several States (including the Territory of Hawaii and the District of Columbia), one-half on population as shown by the latest decennial census, one-fourth on the mileage of the |