§ 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.