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§ 205. —  Special industry committees for American Samoa.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 29USC205]

 
                             TITLE 29--LABOR
 
                     CHAPTER 8--FAIR LABOR STANDARDS
 
Sec. 205. Special industry committees for American Samoa


(a) Establishment; residents as members of committees

    The Administrator shall as soon as practicable appoint a special 
industry committee to recommend the minimum rate or rates of wages to be 
paid under section 206 of this title to employees in American Samoa 
engaged in commerce or in the production of goods for commerce or 
employed in any enterprise engaged in commerce or in the production of 
goods for commerce or the Administrator may appoint separate industry 
committees to recommend the minimum rate or rates of wages to be paid 
under said section to employees therein engaged in commerce or in the 
production of goods for commerce or employed in any enterprise engaged 
in commerce or in the production of goods for commerce in particular 
industries. An industry committee appointed under this subsection shall 
be composed of residents of American Samoa where the employees with 
respect to whom such committee was appointed are employed and residents 
of the United States outside of American Samoa. In determining the 
minimum rate or rates of wages to be paid, and in determining 
classifications, such industry committees shall be subject to the 
provisions of section 208 of this title.

(b) Appointment of committee without regard to other laws pertaining to 
        the appointment and compensation of employees of the United 
        States; composition of committees

    An industry committee shall be appointed by the Administrator 
without regard to any other provisions of law regarding the appointment 
and compensation of employees of the United States. It shall include a 
number of disinterested persons representing the public, one of whom the 
Administrator shall designate as chairman, a like number of persons 
representing employees in the industry, and a like number representing 
employers in the industry. In the appointment of the persons 
representing each group, the Administrator shall give due regard to the 
geographical regions in which the industry is carried on.

(c) Quorum; compensation; employees

    Two-thirds of the members of an industry committee shall constitute 
a quorum, and the decision of the committee shall require a vote of not 
less than a majority of all its members. Members of an industry 
committee shall receive as compensation for their services a reasonable 
per diem, which the Administrator shall by rules and regulations 
prescribe, for each day actually spent in the work of the committee, and 
shall in addition be reimbursed for their necessary traveling and other 
expenses. The Administrator shall furnish the committee with adequate 
legal, stenographic, clerical, and other assistance, and shall by rules 
and regulations prescribe the procedure to be followed by the committee.

(d) Submission of data to committees

    The Administrator shall submit to an industry committee from time to 
time such data as he may have available on the matters referred to it, 
and shall cause to be brought before it in connection with such matters 
any witnesses whom he deems material. An industry committee may summon 
other witnesses or call upon the Administrator to furnish additional 
information to aid it in its deliberations.

(June 25, 1938, ch. 676, Sec. 5, 52 Stat. 1062; June 26, 1940, ch. 432, 
Sec. 3(c), 54 Stat. 615; Oct. 26, 1949, ch. 736, Sec. 5, 63 Stat. 911; 
Aug. 12, 1955, ch. 867, Sec. 5(a), 69 Stat. 711; Pub. L. 87-30, Sec. 4, 
May 5, 1961, 75 Stat. 67; Pub. L. 93-259, Sec. 5(a), Apr. 8, 1974, 88 
Stat. 56; Pub. L. 101-157, Sec. 4(a), Nov. 17, 1989, 103 Stat. 939.)


                               Amendments

    1989--Pub. L. 101-157, Sec. 4(a)(4), substituted ``American Samoa'' 
for ``Puerto Rico and the Virgin Islands'' in section catchline.
    Subsec. (a). Pub. L. 101-157, Sec. 4(a)(1), (2), substituted 
``American Samoa engaged'' for ``Puerto Rico or the Virgin Islands, or 
in Puerto Rico and the Virgin Islands, engaged'', ``American Samoa 
where'' for ``such island or islands where'', and ``American Samoa.'' 
for ``Puerto Rico and the Virgin Islands.''
    Subsec. (e). Pub. L. 101-157, Sec. 4(a)(3), struck out subsec. (e) 
which related to the application of sections 206 and 208 to employees in 
Puerto Rico or the Virgin Islands.
    1974--Subsec. (e). Pub. L. 93-259 added subsec. (e).
    1961--Subsec. (a). Pub. L. 87-30 inserted ``or employed in any 
enterprise engaged in commerce or in the production of goods for 
commerce'' after ``production of goods for commerce'' in two places.
    1955--Subsec. (a). Act Aug. 12, 1955, struck out provisions which 
subjected the Administrator to provisions of section 208 of this title 
in determination of minimum rates of wages and classifications.
    1949--Act Oct. 26, 1949, amended section generally, making it 
applicable only to Puerto Rico and the Virgin Islands.
    1940--Subsec. (e). Joint Res. June 26, 1940, added subsec. (e).


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-259 effective May 1, 1974, see section 29(a) 
of Pub. L. 93-259, set out as a note under section 202 of this title.


                    Effective Date of 1961 Amendment

    Amendment by Pub. L. 87-30 effective upon expiration of one hundred 
and twenty days after May 5, 1961, except as otherwise provided, see 
section 14 of Pub. L. 87-30, set out as a note under section 203 of this 
title.


                    Effective Date of 1949 Amendment

    Amendment by act Oct. 26, 1949, effective ninety days after Oct. 26, 
1949, see section 16(a) of act Oct. 26, 1949, set out as a note under 
section 202 of this title.

                          Transfer of Functions

    Functions of all other officers of Department of Labor and functions 
of all agencies and employees of that Department, with exception of 
functions vested by Administrative Procedure Act (now covered by 
sections 551 et seq. and 701 et seq. of Title 5, Government Organization 
and Employees) in hearing examiners employed by Department, transferred 
to Secretary of Labor, with power vested in him to authorize their 
performance or performance of any of his functions by any of those 
officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, 
Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to 
Title 5.


                     Definition of ``Administrator''

    The term ``Administrator'' as meaning the Administrator of the Wage 
and Hour Division, see section 204 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 206, 208 of this title.



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