selection boards: Provided further, That lieutenants who served in the Navy or Naval Reserve Force prior to November 12, 1918, and who shall have completed not less than twenty-one years of service and who subsequent to June 23, 1938, have been or shall hereafter be retired under any provision of law, shall be advanced to the grade of lieutenant commander on the retired list, effective from date of retirement with the retired pay of that grade."

So that said subsection shall read as follows:

"(k) [Officers now in the grades of lieutenant commander and lieutenant, and lieutenants (junior grade) now additional numbers on the active list of the Navy by reason of the operation of the Act of March 3, 1931 (46 Stat. 1483), as amended, shall, at their own request, in lieu of the honorable discharge provided in subsection (c) of this section, be continued on the active list of the Navy until the completion of the period of service designated in the said Act, as amended, and shall then be retired as provided therein, but when they have twice failed of selection as best fitted they shall become ineligible for consideration by subsequent selection boards for promotion to lieutenant: Provided, That lieutenants who served in the Navy or Naval Reserve Force prior to November 12, 1918, and who shall have completed not less than twenty-one years of service shall on retirement as provided in this subsection be advanced to the grade of lieutenant commander on the retired list with the retired pay of that grade.] Lieutenant commanders and lieutenants with date of rank as such prior to June 23, 1938, and lieutenants (junior grade) who on that date were carried as additional numbers in grade by reason of not having been recommended for promotion, shall, at their own request, in lieu of honorable discharge as provided in subsection (c) of this section, be retired on June 30 of the fiscal year in which they fail of selection as best fitted the second time or on June 30 of the fiscal year in which they complete the period of service designated in the Act of March 3, 1931, as amended (U. S. C., title 34, Supp. III, secs. 286a and 2861), whichever date shall be later with retired pay computed as provided in subsection (b) of this section: Provided, That any officer retained on the active list pursuant to this subsection shall be ineligible for consideration for promotion by subsequent selection boards: Provided further, That lieutenants who served in the Navy or Naval Reserve Force prior to November 12, 1918, and who shall have completed not less than twenty-one years of service, and who subsequent to June 23, 1938, have been or shall hereafter be retired under any provision of law, shall be advanced to the grade of lieutenant commander on the retired list effective from date of retirement with the retired pay of that grade.'

Section 14, in line 9 of subsection (a), after "grade" insert "with probationary appointments".

So that said section 14 shall read as follows:

"SEC. 14. (a) The Secretary of the Navy, under such regulations as he may prescribe, may hereafter revoke the commission of any officer on the active list, initially commissioned after the date of this Act, who, at the date of said revocation has had less than seven years of continuous service as a commissioned officer of the line of the Navy or of the Marine Corps, and each officer whose commission is so revoked shall be discharged from the naval service: Provided, That the selection boards considering lieutenant (junior grade) shall report the name of officers of that grade with probationary appointments whom they consider lacking in aptitude for the naval service, and the commissions of officers so reported shall be revoked: Provided further, That no officer discharged by reason of revocation of commission within a period of probation shall receive advanced pay or allowances upon such discharge."

AMENDING THE FEDERAL AID ACT

AUGUST 27, 1940.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. CARTWRIGHT, from the committee of conference, submitted the following

CONFERENCE REPORT

[To accompany H. R. 9575]

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 9575) to amend the Federal Aid Act, approved July 11, 1916, as amended and supplemented, and for other 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 5, 6, 7, 10, 21, 22, 23, 24, 28, and 37.

That the House recede from its disagreement to the amendments. of the Senate numbered 1, 2, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 25, 26, and 27, and 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:

In lieu of the figure inserted by the Senate, insert the figure $17,500,000; and the Senate agree to the same.

Amendment numbered 4:

That the House recede from its disagreement to the amendment of the Senate numbered 4, and agree to the same with an amendment, as follows:

In lieu of the figure inserted by the Senate, insert the figure $17,500,000; and the Senate agree to the same.

Amendment numbered 13:

That the House recede from its disagreement to the amendment of the Senate numbered 13, and agree to the same with an amendment, as follows:

Strike out the period at the end of the Senate amendment, insert a comma and the following: and the total of the apportionments to each

State during the 6-year period beginning with the fiscal year 1942 shall equal the total of the apportionments that would have been made to each State during such period if the discretionary power conferred by this proviso had not been exercised; and the Senate agree to the same.

Amendment numbered 20:

That the House recede from its disagreement to the amendment of the Senate numbered 20, and agree to the same with an amendment, as follows:

After the word "construction", insert the following: and maintenance; and the Senate agree to the same.

Amendment numbered 29:

That the House recede from its disagreement to the amendment of the Senate numbered 29, and agree to the same with an amendment, as follows:

Strike out the Senate amendment and in lieu thereof insert the following:

SEC. 12. (a) The Reconstruction Finance Corporation, pursuant to its authority under existing law and subject to all the terms and conditions thereof, is authorized to cooperate with States to finance, or to aid in financing, the acquisition of real property or interests in property (any such acquisition being herein called a "right-of-way") necessary or desirable for road projects eligible for Federal aid under the Federal Highway Act (42 Stat. 212), as amended and supplemented.

(b) Every loan or purchase of securities by Reconstruction Finance Corporation to finance or to aid in financing the acquisition of a right-of-way, as defined in this section, shall hereafter be made only after approval of the project (including the plans, administration, and financing thereof) by the highway department of the State and by the Public Roads Administration of the Federal Works Agency.

And the Senate agree to the same.

Amendment numbered 30:

That the Senate recede from its disagreement to the amendment of the House numbered 30, and agree to the same with an amendment, as follows:

Strike out the Senate amendment, and insert in lieu thereof the following:

SEC. 13. The Commissioner of Public Roads, in cooperation with the State Highway Departments of the respective States, is hereby authorized, upon the request of any State, to investigate the location and development of flight strips adjacent to public highways or roadside development areas, for the landing and take-off of aircraft.

And the House agree to the same.

Amendment numbered 31:

That the House recede from its disagreement to the amendment of the Senate numbered 31, and agree to the same with an amendment, as follows:

Renumber the section as follows: SEC. 14; and the Senate agree to the same.

Amendment numbered 32:

That the House recede from its disagreement to the amendment of the Senate numbered 32, and agree to the same with an amendment, as follows:

Renumber the section as follows: SEC. 15; and the Senate agree to the same.

· Amendment numbered 33:

That the House recede from its disagreement to the amendment of the Senate numbered 33, and agree to the same with an amendment, as follows:

Renumber the section as follows: SEC. 16; and the Senate agree to the same.

Amendment numbered 34:

That the House recede from its disagreement to the amendment of the Senate numbered 34, and agree to the same with an amendment, as follows:

Strike out the Senate amendment, and insert in lieu thereof the following:

SEC. 17. Any amounts heretofore apportioned to any State under the provisions of Section 7 of the Act of June 16, 1936 (49 Stat. 1521), for secondary or feeder roads, for which the period of availability expired on June 30, 1940, and which remained unexpended on said date, shall not be reapportioned to all the States as required by Section 21 of the Federal Highway Act, but shall remain available to such State until June 30, 1941, and any balance of such amounts then remaining unexpended shall be reapportioned to all of the States in the manner now provided by law.

And the Senate agree to the same.

Amendment numbered 35:

That the House recede from its disagreement to the amendment of the Senate numbered 35, and agree to the same with an amendment, as follows:

Strike out the Senate amendment, and insert in lieu thereof the following:

SEC. 18. Funds authorized and made available under Section 21 of the Federal Highway Act as amended may be used to pay the entire engineering costs of the surveys, plans, specifications, estimates, and supervision of construction of projects for such urgent improvements of highways strategically important from the standpoint of the national defense as may be undertaken on the order of the Federal Works Administrator and as the result of request of the Secretary of War, the Secretary of the Navy, or other authorized national defense agency.

And the Senate agree to the same.

Amendment numbered 36:

That the House recede from its disagreement to the amendment of the Senate numbered 36, and agree to the same with an amendment, as follows:

Strike out the Senate amendment, and insert in lieu thereof the following:

SEC. 19. In approving Federal-aid highway projects to be carried out with any unobligated funds apportioned to any State, the Commissioner of Public Roads may give priority of approval to, and expedite the construction of, projects that are recommended by the appropriate Federal defense agency as important to the national defense.

And the Senate agree to the same.

H. Repts. 76–3, vol. 5—66