Page:United States Statutes at Large Volume 49 Part 1.djvu/838

 74TH CONGRESS. SESS. I. CHS. 641, 642. AUGUST 24,1935 . 793 same manner and under the same terms and conditions as required for the sales of potatoes harvested and sold in the continental United States. SEC. 232. The provisions of sections 229 and 230 shall not be appli- Imports from Cuba. cable to potatoes produced in the Republic of Cuba and imported and entered for consumption into the continental United States dur- ing the period from December 1 to the last day of the following February, inclusive, in any years : Pr ovided , That if the Secretary Appfcation of provi- of Agriculture at any time finds that the importation of potatoes sions to. from the Republic of Cuba during such period is, or threatens to result in, unduly depressing the potato market in or for any potato- prod ucing area of the continental United States, he shall procla im such findings and the provisions of sections 229 and 230 shall be applicable to all potatoes thereafter imported into the continental United States from the Republic of Cuba. SEC. 233. This title may be cited as the " Potato Act of 1935 ." Short title. Approved, August 24, 1935 . [CHAPTER 642 .] AN ACT August 24, 1935. Re quiring c ontracts for the c onstructi on, altera tion, and repair of any public 	(u .R . 8519 .]	building or public work of the Unite d States t o be acco mpanied b y a perfo rm- (Public, No. 321 .] ance bond protecting the United States and by an additional bond for the protection of persons furnishing material and labor for the construction, alter- ation, or repair of said public buildings or public work. Be it enacted by the Senate and House of Representatives of the Unit ed Sta tes o Americ a in. Congr ess as sembl ed That a before Bonds of contractors for public buildings. any contract, exceeding $2,000 in amount, for the construction, altera- Requirement, where tion, or repair of any public building or public work of the United contract exceeds $2,090. States is awarded to any person, such person shall furnish to the United Sta tes the following bonds, which shall become binding upon the award of the contract to such person, who is hereinafter desig- nated as "contractor" : (1) A performance bond w ith a surety or sureties satis factory to Pe rform ance bond. the officer awarding such contract, and in such amount as he sha ll deem adequate, for the protection of the United States. (2) A payment bond with a surety or sureties satisfactory to such P ayment bond. officer for the protection of all persons supplying labor and material in the prosecution of the work provided for in said contract for the et Purposes, amount, use of each such person. Whenever the tot al amount payable by the terms of the contract shall be not more than $1,000,000 the said payment bond shall be in a sum of one-half the total amount pay- able by the terms of the contract. Whenever the total amount pay- able by the terms of the contract shall be more than $1,000,000 and not more than $5,000,000, the said payment bond shall be in a sum of 40 per centum of the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the cont ract shall be more than $5,000,000 the said payment bond shall be in the sum of $2,500,000. (b) The contracting officer in respect of any contract is authorized Contract wo rk in a to waive the requirement ofa performance bond and payment bond foreig n count ry. for so much of the work under such contract as is to be performed in a foreign country if he finds that it is impracticable for the contractor to furnish such bonds. (c) Nothing in this section shall be constr ued to limit the authori ty sec urity for projects of any contracting officer to require a performance bond or other not herein designated. security in addition to those, or in cases other than the cases specified in subsection (a) of this section.