of the United States Government, and for other purposes" (48 Stat. 1122) are enlarged to cover the additional duties placed upon the National Archives Establishment by the provisions of this Act. Copies of the Federal Register mailed by the Government shall be entitled to the free use of the United States mails in the same manner as the official mail of the executive departments of the Government. The cost of mailing the Federal Register to officers and employees of Federal agencies in foreign countries shall be borne by the respective agencies.--(49 Stat. 502-503, ch. 417.) Sec. 10. Effective date of sec. 2; time for publication of Federal Register. The provisions of section 2 shall become effective sixty days after the date of approval of this Act and the publication of the Federal Register shall begin within three business days thereafter: Provided, That the appropriations involved have been increased as required by section 9 of this Act. The limitations upon the effectiveness of documents required, under section 5 (a), to be published in the Federal Register shall not be operative as to any document issued, prescribed, or promulgated prior to the date when such document is first required by this or subsequent Act of the Congress or by Executive order to be published in the Federal Register.--(49 Stat. 503, ch. 417.) Sec. 11. Filing and publication of documents issued by Government agencies; duties of Codification Board; legal effect of published documents; regulations. (a) On July 1, 1938, and on the same date of every fifth year thereafter, each agency of the Government shall have prepared and shall file with the Administrative Committee a complete codification of all documents which, in the opinion of the agency, have general applicability and legal effect and which have been issued or promulgated by such agency and are in force and effect and relied upon by the agency as authority for, or invoked or used by it in the discharge of, any of its functions or activities on June 1, 1938. The Committee shall, within ninety days thereafter, report thereon to the President, who may authorize and direct the publication of such codification in special or supplemental editions of the Federal Register or on the same date of every fifth year thereafter. (b) There is hereby established a Codification Board, which shall consist of six members: The Director of the Division of the Federal Register, chairman ex officio; three attorneys of the Department of Justice, designated by the Attorney General; and two attorneys of the Division of the Federal Register, designated by the Archivist. The Board shall supervise and coordinate the form, style, arrangement, and indexing of the codifications of the various agencies. (c) The codified documents of the several agencies published in the supplemental edition of the Federal Register pursuant to the provisions of subsection (a) hereof, as amended by documents subsequently filed with the Division, and published in the daily issues of the Federal Register, shall be prima-facie evidence of the text of such documents and of the fact that they are in full force and effect on and after the date of publication thereof. (d) The Administrative Committee shall prescribe, with the approval of the President, regulations for carrying out the provisions of this section.--(49 Stat. 503, ch. 417; 50 Stat. 304-305, ch. 369; 56 Stat. 1045, ch. 717.) Sec. 12. International agreements excluded from provisions of chapter. Nothing in this Act shall be construed to apply to treaties, conventions, protocols, and other international agreements, or proclamations thereof by the President.--(49 Stat. 503, ch. 417.) Sec. 14. Citation of act. This Act may be cited as the "Federal Register Act."--(49 Stat. 503, ch. Legal effects of filing and publication of documents. Documents required or authorized to be published under sec. 5 of the Federal Register Act, except in cases where notice by publication is insufficient in law, valid and operate as constructive notice to the persons designated as soon as they have been filed with the Division of the Federal Register and made available for public inspection in the manner provided in sec. 2 of the Act; publication in the Federal Register is not essential to their validity. (38 Op. Atty. Gen. 359, Oct. 21, 1935.) The provisions of sec. 7 of the Federal Register Act respecting validity and constructive notice do not apply to the compilations of documents, referred to in sec. 11 of the Act. (38 Op. Atty. Gen., supra.) 1935, Aug. 5. Equalization of promotion of officers of the staff corps with officers of the line. Advancement of officers of the staff corps to grades of lieutenant commander and lieutenant; recommendations of selection board. That the provisions of existing law as amended by this Act with reference to advancement in rank by selection in the Staff Corps are hereby extended to include and authorize advancement to the ranks of lieutenant commander and lieutenant of officers of the next lower ranks who are eligible for consideration by a selection board. Each selection board appointed to recommend staff officers of the ranks of lieutenant and lieutenant (junior grade) for advancement, shall recommend all the eligible officers of said ranks who in the opinion of at least two-thirds of the members of such board are fitted to assume the duties of the next higher rank.--(49 Stat. 530, ch. 439.) Sec. 2. Composition of selection boards. Boards for the selection of staff officers for recommendation for advancement to the ranks of lieutenant commander and lieutenant shall be composed of not less than six nor more than nine officers above the rank of commander on the active or retired list of the Staff Corps concerned: Provided, That in case there be not a sufficient number of staff officers of the corps concerned legally or physically capacitated to serve on a selection board of such corps as herein provided, officers of the line on the active list above the rank of commander may be detailed to duty on such board to constitute the required minimum membership.--(49 Stat. 530, ch. 439.) EDITORIAL NOTE This section is embodied in the U. S. Code as sec. 349a of title 34. CROSS REFERENCE Precedence in processions, courts, and boards: see sec. 1489, R. S. Sec. 3. Eligibility of staff officers in grades of lieutenant and lieutenant (junior grade) for reconsideration for advancement.7 Staff officers of the ranks of lieutenant and lieutenant (junior grade) who shall not have been recommended for advancement to the next higher rank by the report of a selection board as approved by the President prior to the completion of fourteen or seven years, respectively, of commissioned service in the Navy, shall be ineligible for consideration by a selection board on June 30 of the current fiscal year: Provided, That no such officer shall become ineligible for consideration by reason of length of commissioned service until he shall have been twice considered by a selection board for advancement to the next higher rank.--(49 Stat. 530, ch. 439.), EDITORIAL NOTE This section is embodied in the U. S. Code as sec. 349b of title 34. Sec. 4. Eligibility of staff officers in grades of commander and lieutenant commander for reconsideration for advancement. Except as provided in section 6 of this Act, staff officers of the ranks of commander and lieutenant commander who shall not have been recommended for advancement by the report of a selection board as approved by the President prior to the completion of twenty-eight or twenty-one years, respectively, of commissioned service in the Navy, shall be ineligible for consideration by a selection board on June 30 of the current fiscal year: Provided, That for the purposes of this section, the length of such commissioned service for officers of the ranks of commander and lieutenant commander in the Construction Corps and Civil Engineer Corps shall be thirty or twenty-five years, respectively: Provided further, That no staff officer of the rank of commander or lieutenant commander shall become ineligible for consideration by reason of length of service until he shall have been considered by three selection boards for advancement to the next higher rank, at least two of which boards shall have been appointed after the date of this Act.--(49 Stat. 530, ch. 439.) EDITORIAL NOTES This section was amended by the first section of an act of June 25, 1940, ch. 420, 54 Stat. 527, which abolished the Construction Corps. This section, as amended, is embodied in the U.S. Code as sec. 349c of title 34. Sec. 5. Retirement of officers of staff corps not recommended for advancement or not professionally qualified. All staff officers who have not been recommended for advancement and who, after the completion of the designated periods of service as prescribed for their respective ranks and corps, become ineligible for consideration by a selection board in accordance with this Act, or who, if recommended for advancement, undergo the required examinations for advancement and are found not professionally qualified, shall be transferred to the retired list of the Navy.--(49 Stat. 530-531, ch. 439.) Sec. 6. Designation of officers of staff corps for retention on active list; eligibility for reconsideration; subsequent retirement. When the number of involuntary transfers in any fiscal year from the ranks of commander and lieutenant commander in the staff corps to the retired list pursuant to this Act, exclusive of officers who have failed professionally on examination for advancement to the next higher rank, would otherwise exceed the figures in the following tabulation, the selection board concerned shall designate by name such excess of officers for retention on the active list until the end of the next fiscal year, and officers so designated shall retain their eligibility for selection and advancement during said year: Medical Corps, seven commanders and twelve lieutenant commanders; Supply Corps, four commanders and seven lieutenant commanders; Chaplain Corps, one commander and one lieutenant commander; Construction Corps, two commanders and three lieutenant commanders; Civil Engineer Corps, one commander and one lieutenant commander; Dental Corps, one commander and two lieutenant commanders. If the officers so designated are not recommended for advancement or again designated for retention on the active list, they shall be transferred to the retired list in accordance with the provisions of this Act.--(49 Stat. 531, ch. 439.) EDITORIAL NOTES This section was amended by the first section of an act of June 25, 1940, ch. 420, 54 Stat. 527, which abolished the Construction Corps. This section, as amended, is embodied in the U.S. Code as sec. 349e of title 34. Sec. 7. Convening of special board for designation of officers for retention on active list. If at the end of any fiscal year the number of involuntary transfers to the retired list from the ranks of commander or lieutenant commander of the Staff Corps would exceed the limits set forth in section 6 of this Act, and there has been no selection board convened during the fiscal year to recommend officers of those ranks for advancement in the Staff Corps concerned, special boards shall be convened by the Secretary of the Navy on or about June 1 preceding the end of the fiscal year to designate by name such excess of officers to be retained on the active list as provided in section 6 of this Act. Each such board shall be constituted as provided by law for selection boards for the Staff Corps concerned.--(49 Stat. 531, ch. 439.) Sec. 8. Time of making transfers of officers of staff corps to retired list; retired pay. All transfers to the retired list pursuant to this Act shall be made as of June 30 of the current fiscal year. Officers retired pursuant to this Act shall receive pay at the rate of 2 1/2 per centum of their active-duty pay, multiplied by the number of years of service for which they were entitled to credit in computation of their longevity pay on the active list, not to exceed a total of 75 per centum of said active-duty pay: Provided, That a fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 2 1/2 per centum is multiplied.--(49 Stat. 531, ch. 439.) EDITORIAL NOTE This section is embodied in the U.S. Code as sec. 349g of title 34. Sec. 10. Assignment of new running mate on promotion of running mate of staff officer. If the running mate of a staff officer be promoted to a higher rank and such staff officer be considered by a selection board for such rank but fails to be selected for advancement thereto, by the report of such board as approved by the President, such staff officer shall have assigned as his new running mate the line officer not promoted who was next senior to his former running mate in the rank in which the staff officer remains; if there remain in that rank no line officer who was senior therein to such former running mate, such staff officer shall not have assigned a new running mate, but shall retain his former running mate who has been promoted: Provided, That if subsequently selected such staff officer when advanced to the higher rank, shall have assigned as his running mate that line officer who would have been his running mate had said staff officer been recommended by the selection board which first considered him for the higher rank; except that if the running mate who would be so assigned him be senior to the running mate of an officer in his own staff corps made next senior to him in the higher rank, as determined by the order of their selection for advancement thereto, the running mate assigned him shall be that officer who had been assigned as the running mate of said next senior staff officer on the latter's advancement, and officers of the same staff corps thereby having the same running mate shall have precedence in said higher rank as determined by the order of their selection for advancement thereto: Provided further, That those officers of the staff corps with the rank of captain, who when eligible for consideration by a selection board for the rank of rear admiral, are not selected, shall retain their running mates; and if subsequently advanced to the rank of rear admiral shall have running mates assigned as required by the proviso next preceding. The provisions of this section shall be applicable to the cases of all staff officers now on the active list who have been advanced or have been eligible for consideration by a selection board for advancement to the rank of commander and above since June 10, 1926: And provided further, That no officer shall, by virtue of this section, receive any increased pay or allowance for any period prior to the date of this Act.--(49 Stat. 532, ch. 439.) EDITORIAL NOTES The first paragraph of this section (which is omitted) expressly repealed sec. 10 of an act of June 10, 1926, ch. 529, 44 Stat. 720-721. The second paragraph of this section is embodied in the U.S. Code as sec. 3491. of title 34. Sec. 12. Procedure when officer recommended for advancement fails to advance. If any staff officer who has been recommended for advancement to the rank of captain or commander by the report of a selection board as approved by the President fails to receive such advancement by reason of failure to qualify upon examination therefor or because of his removal from the active list for any cause, the number to be furnished the next ensuing selection board for the corps and rank concerned shall be increased accordingly.--(49 Stat. 533, ch. 439.) EDITORIAL NOTE This section is embodied in the U.S. Code as sec. 349j of title 34. 1935, Aug. 24. Bonds in connection with contracts for construction, etc., of public buildings or works. Bond requirements. That (a) before any contract, exceeding $2,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States is awarded to any person, such person shall furnish to the United States the following bonds, which shall become binding upon the award of the contract to such person, who is hereinafter designated as "contractor": (1) A performance bond with a surety or sureties satisfactory to the officer awarding such contract, and in such amount as he shall deem adequate, for the protection of the United States. (2) A payment bond with a surety or sureties satisfactory to such officer for the protection of all persons supplying labor and material in the prosecution of the work provided for in said contract for the use of each such person. Whenever the total 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 amcunt payable.by the terms of the contract. Whenever the total amount payable 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 sun of 40 per centum of the total amount payable by the terms of the contract. Whenever the total amount pay able by the terms of the contract 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 to waive the requirement of a performance bond and payment bond for so much of the work under such contract is is to be performed in a foreign country if he finds that it is impracticable for the contractor to furnish : uch bonds. (c) Nothing in this section shall be construed to limit the authority of any contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases specified in subsection (a) of this section.--(49 Stat. 793, ch. 642.) Sec. 2. Rights of persons furnishing labor or material. (a) Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which a payment bond is furnished under this Act and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him: Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelop addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district in which the public improvement is situated is authorized by law to serve summons. (b) Every suit instituted under this section shall be brought in the name of the United States for the use of the person suing, in the United States District Court for any district in which the contract was to be performed and executed and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract. The United States shall not be liable for the payment of any costs expenses of any such suit.--(49 Stat. 794, ch. 642.) Sec. 3. Certified copies of bond and contract. The Comptroller General is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and payment therefor has not been made or that he is being sued on any such bond, a certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution, and delivery of the original, and, in case final settlement of such contract has been made, a certified statement of the date of such settlement, which shall be conclusive as to such date upon the parties. Applicants shall pay for such certified copies and certified statements such fees as the Comptroller General fixes to cover the cost of preparation thereof.--(49 Stat. 794, ch. 642.) Sec. 4. Person" defined. The term "person" and the masculine pronoun as used throughout this Act shall include all persons whether individuals, associations, copartnerships, or corporations.--(49 Stat. 794, ch. 642.) EDITORIAL NOTES The sections of this act which are set out above are embodied in the U.S. Code as secs. 270a270d, inclusive, of title 40. Sec. 5 of this act read as follows: "Sec. 5. This act shall take effect upon the expiration of sixty days after the date of its enactment, but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract. The Act entitled 'An Act for the protection of persons furnishing materials and labor for the construction of public works', approved August 13, 1894, as amended (U.S. C., title 40, sec. 270), is repealed, except that such Act shall remain in force with respect to contracts for which invitations for bids have been issued on or before the date this Act takes effect, and to persons or bonds in respect of such contracts. The following is the text of the act of Aug. 13, 1894, ch. 280, 28 Stat. 278, as amended by the act of Feb. 24, 1905, ch. 778, 33 Stat. 811-812: "That hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract; and any person, company, or corporation who has furnished labor or materials used in the construction or repair of any puolic building or puolic work, and payment for which |