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LEGISLATIVE SESSION The Senate resumed its legislative session.

WATERSHED PROTECTION AND FLOOD
PREVENTION

The VICE PRESIDENT laid before the Senate a communication from the Director of the Bureau of the Budget, transmitting, pursuant to law, four reports of proposed works of improvement on watersheds under the Watershed Protection and Flood Prevention Act, as follows:

The Long Marsh in the State of Maryland;

The Timber Creek in the State of Oklahoma:

The Kickapoo Creek in the State of Texas; and

The Leatherwood Creek in the State of Virginia.

Ordered, That the communication, with the accompanying reports, be referred to the Committee on Agriculture and Forestry.

WOODROW WILSON MEMORIAL BRIDGE

The VICE PRESIDENT laid before the Senate a communication from the President of the Board of Commissioners of the District of Columbia, transmitting a draft of proposed legislation to provide for apportioning the expense of maintaining and operating the Woodrow Wilson Memorial Bridge over the Potomac River from Jones Point, Va., to Maryland; which, with the accompanying paper, was referred to the Committee on the District of Columbia.

SUPPLEMENTAL ESTIMATES OF

APPROPRIATIONS

The VICE PRESIDENT laid before the Senate a communication from the PresiIdent of the United States, together with a letter from the Director of the Bureau of the Budget, transmitting, pursuant to law, a supplemental estimate of appropriation for the fiscal year 1961 for the mutual security programs, amounting to $100 million; which, with the accompanying papers, was referred to the Committee on Appropriations and ordered to be printed.

The VICE PRESIDENT laid before the Senate a communication from the President of the United States, together with a letter from the Director of the Bureau of the Budget, transmitting, pursuant to law, a supplemental estimate of appropriations for the fiscal year 1961, amounting to $39,213,050 for various agencies in the executive branch and $155,000 for the District of Columbia; which, with the accompanying papers, was referred to the Committee on Appropriations and ordered to be printed.

PETITION

The VICE PRESIDENT laid before the Senate a petition of Mr. A. L. Vincelette, St. Augustine, Fla., praying the establishment of a national lottery with proceeds to be used to promote education and recreation as an effective deterrent of juvenile crime in the United States; which, with the accompanying document,

was referred to the Committee on Labor and Public Welfare.

REPORT OF COMMITTEE ON FINANCE

Mr. KERR, by unanimous consent, from the Committe on Finance, to whom was referred the bill (H.R. 270) to amend title 38, United States Code, to increase the rate of special pension payable to certain persons awarded the Medal of Honor, and for other purposes, reported it with an amendment and submitted a report (No. 1837) thereon.

INTRODUTION OF BILLS

Bills were introduced by unanimous consent, severally read the first and second times, and referred as follows:

By Mr. CASE of New Jersey:

S. 3860. A bill for the relief of Wieslawa Barbara Krzak; to the Committee on the Judiciary.

By Mr. CHURH:

S. 3862. A bill to provide that certain funds shall be made available to the Nez Perce Tribe of Idaho; to the Committee on Interior and Insular Affairs.

Mr. FULBRIGHT, by unanimous consent, from the Committee on Foreign Relations, submitted a report (No. 1838) accompanied by a bill (S. 3861) to provide for assistance in the development of Latin America and in the reconstruction of Chile, and for other purposes, which was read the first and second times by unanimous consent and ordered to be placed on the calendar.

FAIR LABOR STANDARDS AMENDMENTS OF 1960 The Senate resumed the consideration of its unfinished business, viz, the bill (S. 3758) to amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of large enterprises engaged in retail trade or service and of other employers engaged in activities affecting commerce, to increase the minimum wage under the act to $1.25 an hour, and for other purposes.

The question being on agreeing to the amendment yesterday proposed by Mr. HOLLAND (for himself and others) in various places of the bill, striking out certain words and inserting other words, Pending debate,

Mr. CLARK raised a question as to the presence of a quorum;

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The question being taken on agreeing to the amendment proposed by Mr. HOLLAND (for himself and others), viz, on page 3, beginning with the colon in line 10, strike out all down to and including in line 24, as follows: ": Provided, That within the meaning of this subsection a locally owned and controlled retail or service establishment shall not be deemed to be other than a separate and distinct enterprise by reason of any arrangement, which includes, but is not limited, to an agreement (1) that it will sell, or sell only, certain goods specified by a particular manufacturer, distributor, or advertiser, or (2) that it will join with other locally owned and controlled concerns in the same industry for the purpose of collective purchasing, or (3) that it will have the exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area, or by reason of the fact that it occupies premises leased to it by a person who also leases premises to other retail or service establishments."

On page 4, strike out all on line 4, down to and including line 17, on page 5, as follows:

“(t) ‘Enterprise engaged in an activity affecting commerce' means any of the following which is engaged in any activity affecting commerce:

"(1) any such enterprise which has one or more retail or service establishments if the annual gross volume of sales of such enterprise is not less than $1,000,000, exclusive of excise taxes at the retail level which are separately stated;

"(2) any such enterprise which has one or more establishments engaged in laundering, cleaning, or repairing clothing or fabrics if the annual gross volume of sales of such enterprise is not less than $1,000,000, exclusive of excise taxes at the retail level which are separately stated;

"(3) any such enterprise which is engaged in the business of operating a street, suburban, or interurban electric railway, or local trolley or motorbus carrier;

"(4) any establishment not included in an enterprise described in paragraph (1), (2), or (3) of this subsection, which has one or more employees engaged in commerce or in the production of goods for commerce if the annual gross volume of sales of such establishment is not ness than $250,000 (or $350,000 in the case of an establishment engaged in the business of

or

construction or reconstruction, both), exclusive of excise taxes at the retail level which are separately stated; “(5) any gasoline service establishment if the annual gross volume of sales of such establishment is not less than $250,000: Provided, That an establishment shall not be considered to be an enterprise engaged in an activity affecting commerce, or a part of an enterprise engaged in an activity affecting commerce, and the sales of such establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection, if the only employees of such establishment are the owner thereof or persons standing in the relationship of parent, spouse, or child of such owner." and insert in lieu thereof the following:

(t) "Enterprise engaged in an activity affecting commerce" means an enterprise engaged in such an activity, which is in the business of operating a street, suburban, or interurban electric railway, or local trolley or motorbus carrier.

On page 7, lines 6 and 7, strike out "(1), (2), or (3) or in an establishment described in section 3(t) (4) or (5)".

On page 13, lines 13 and 14, strike out “(1), (2), or (3), or in an establishment described in section 3(t) (4)”.

On page 17, strike out all on line 8, down to and including line 22, on page 18, as follows:

"(1) any employee employed in a bona fide executive, administrative, or professional capacity, or in the capacity of outside salesman, or any employee employed by a hotel or an establishment primarily engaged in the preparation or offering of food or beverages for human consumption in an occupation in which gratuities customarily and usually received constitute a substantial part of the compensation for employment (as such terms are defined and delimited by regulations of the Secretary, subject to the provisions of the Administrative Procedure Act); or

"(2) any employee employed by any retail or service establishment (except an establishment in an enterprise described in section 3(t) (1) or an establishment described in section 3(t) (5)), more than 50 per centum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located. A "retail or service establishment" shall mean an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry;

or

"(3) any employee employed by any establishment (except an establishment in an enterprise described in section 3(t) (2)) engaged in laundering, cleaning, or repairing clothing or fabrics, more than 50 per centum of which establishment's annual dollar volume of sales of such services is made within the State in which the establishment is located: Provided,

49100-S J-86-2-32

That 75 per centum of such establishment's annual dollar volume of sales of such services is made to customers who are not engaged in a mining, manufacturing, transportation, or communications business: Provided further, That this exemption shall not apply to any employee of any such establishment which has an annual dollar volume of sales of such services of $250,000 or more and which is engaged in substantial competition in the same metropolitan area with an establishment less than 50 per centum of whose annual dollar volume of sales of such services is made within the State in which it is located; or"

and insert in lieu thereof the following:

(1) any employee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regulations of the Secretary of Labor, subject to the provisions of the Administrative Procedure Act);

or

(2) any employee employed by any retail or service establishment, more than 50 per centum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located. A "retail or service establishment" shall mean an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry; or (3) any employee employed by any establishment engaged in laundering, cleaning or repairing clothing or fabrics, more than 50 per centum of which establishment's annual dollar volume of sales of such services is made within the State in which the establishment is located: Provided, That 75 per centum of such establishment's annual dollar volume of sales of such services is made to customers who are not engaged in a mining, manufacturing, transportation, or communications business; or.

It was determined in/Yeas__--the negative_ Nays_____

39

56

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After the consideration of executive business,

The Senate resumed its legislative session.

FAIR LABOR STANDARDS AMENDMENTS OF 1960 The Senate resumed the consideration of its unfinished business; viz, the bill (S. 3758) to amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of large enterprises engaged in retail trade or service and of other employers engaged in activities affecting commerce, to increase the minimum wage under the act to $1.25 an hour, and for other purposes.

On motion by Mr. JOHNSON of Texas, and by unanimous consent,

Ordered, That Mr. DIRKSEN be recognized to offer a substitute amendment for the bill, that debate on said amendment and all amendments thereto be limited to 3 hours to be equally divided and controlled by Mr. DIRKSEN and the majority leader: Provided, That no amendment that is not germane to the provisions of the said amendment shall be received.

On motion by Mr. DIRKSEN to amend the bill by striking out all after the enacting clause and inserting in lieu thereof other words,

After debate,

The question being taken on agreeing to the amendment proposed by Mr. DIRKSEN, viz, strike out all after the enacting clause and insert in lieu thereof the following: That this Act may be cited as the "Fair Labor Standards Amendments of 1960".

Definitions

Sec. 2. (a) Paragraph (f) of section 3 of the Fair Labor Standards Act of 1938, as amended (hereinafter referred to as the "Act"), is amended by inserting after "Agricultural Marketing Act, as amended)," the following: "the processing of shade-grown tobacco for use as cigar wrapper tobacco by agricultural employees employed in the growing and harvesting of such tobacco, which processing shall include, but shall not be limited to, drying, curing, fermenting, bulking, rebulking, sorting, grading, aging, and baling, prior to the stemming process".

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Special Industry Committees for Puerto

Rico and the Virgin Islands

Sec. 3. Subsection (a) of section 5 of such Act is amended by inserting after the words "production of goods for commerce", wherever they appear, the following: "or employed by any employer engaged in commerce or in the production of goods for commerce described in section 6(b)".

Minimum Wages

Sec. 4. (a) Paragraph (1) of subsection (a) of section 6 of such Act is amended by striking out "$1" and inserting in lieu thereof "$1.15".

(b) Subsection (b) of section 6 of such Act is amended to read as follows:

“(b) Every employer engaged in commerce or in the production of goods for commerce who has five or more retail or service establishments (as defined in section 13(a) (2)) and who operates such establishments in two or more States shall pay each employee employed by any such establishment at the rate of not less than $1 an hour. The minimum wage rate so specified shall apply in lieu of the minimum wage rate specified in paragraph (1) of subsection (a) with respect to an employee described in section 13(a) (1) or (2) of this Act, prior to the effective date of the Fair Labor Standards Amendments of 1960, and not included in any exemption provided by section 13(a) as amended by such amendments."

(c) Subsection (c) of section 6 of such Act is amended by inserting the words "or American Samoa" after "Virgin Islands" wherever they appear, changing the period at the end thereof to a colon, and adding the following: "Provided further, That in the case of any employee in Puerto Rico or the Virgin Islands or American Samoa to whom subsection (b) would otherwise apply, beginning sixty days after the effective date of the Fair Labor Standards Amendments of 1960, every such employee shall be paid not less than the minimum wage rate or rates applicable to such employee under a wage order issued by the Secretary pursuant to the recommendations of a special industry committee which he shall appoint to investigate conditions in any industry or industries to which subsection (b) applies and to recommend to him the highest minimum wage rate or rates for any such industry (not in excess of the applicable rate prescribed in

subsection (b)) which it determines, having due regard to economic and competitive conditions, complies with the standards prescribed in section 8."

Wage Orders in Puerto Rico and the
Virgin Islands

Sec. 5. Section 8 of such Act is amended by inserting after "section 6(a)" wherever such words appear the following: "or in section 6(b), whichever may be applicable,”.

Exemptions

Sec. 6. (a) Clause (1) of section 13(a) of such Act is amended to read as follows: "(1) any employee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regulations of the Secretary): Provided, That insofar as this clause (1) pertains to employees employed in a local retailing capacity, such clause shall not apply to any employee employed by an establishment to which the exemption provided in clause (2) of this subsection is inapplicable."

(b) Clause (2) of section 13(a) of such Act is amended to read as follows: "(2) any employee employed by any retail or service establishment, more than 50 per centum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located: Provided, That the exemption provided by this clause (2) shall be inapplicable to any retail or service establishment if such establishment is operated by an employer who (A) has five or more retail or service establishment and (B) operates such retail or service establishments in two or more States. A 'retail or service establishment', as used in this Act, shall mean an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry."

(c) Clause (5) of section 13(a) of such Act is amended by inserting the words "or necessary to the conduct of" both after the words "employed in" and after the words "employment in”.

(d) Subsection (b) of section 13 of such Act as amended by inserting before the period at the end thereof the following: “; or (6) any employee employed by a radio or television station the major studio of which is located in a city or town of less than one hundred thousand people, according to the latest available decennial census figures as compiled by the United States Bureau of the Census, except where such city or town is part of a standard metropolitan area with a total population of one hundred thousand or more as compiled by the Bureau of the Census; or (7) any employee employed by any retail or service establishment as defined in clause (2) of subsection (a) of this section, more than 50 per centum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located".

Effective Date

an

Sec. 7. This Act shall take effect on January 1, 1961, except that where the application of an amendment made by this Act to section 6(b) or 6(c) of the Fair Labor Standards Act of 1938 would result in a conflict with the terms of a bona fide individual contract or agreement made as a result of collective bargaining by representatives of employees, which is in writing and was entered into more than thirty days before the date of enactment of this Act, such amendment shall not take effect until the date of the expiration of the contract or agreement or January 1, 1962, whichever date first occurs.

39 It was determined in (Yeas__-the negative_____ Nays_--- 54

On motion by Mr. MORSE, The yeas and nays being desired by one-fifth of the Senators present,

Senators who voted in the affirmative

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On motion by Mr. JOHNSON of Texas, and by unanimous consent,

Ordered, That when the Senate concludes its deliberations today it be to meet at 10 o'clock a.m. tomorrow; that effective on tomorrow, at the hour of 11 o'clock a.m., during the further consideration of the bill debate on an amendment to be proposed by Mr. MONRONEY and an amendment to be proposed by Mr. PROUTY, and any amendment thereto, be limited to 2 hours each, to be equally divided and controlled (except a bona fide substitute for the bill, upon which there shall be a limitation of 2 hours), and debate upon any other amendment shall be limited to 1 hour, to be equally divided and controlled by

the mover of any such amendment and the majority leader: Provided, That in the event the majority leader is in favor of any such amendment the time in opposition thereto shall be controlled by the minority leader or some Senator designated by him: Provided further, That no amendment that is not germane to the provisions of the said bill shall be received, with the exception of the socalled Curtis price control amendment, if offered.

On motion by Mr. PROUTY to amend the bill by striking out in various places certain words and inserting other words, Pending debate,

RECESS

On motion by Mr. JOHNSON of Texas, at 8 o'clock and 29 minutes p.m.,

The Senate, under its order of today, took a recess until 10 o'clock a.m. tomorrow.

THURSDAY, AUGUST 18, 1960 (Legislative day of Thursday, August 11, 1960)

The VICE PRESIDENT called the Senate to order at 10 o'clock a.m., and the Chaplain offered prayer.

THE JOURNAL

On motion by Mr. JOHNSON of Texas, and by unanimous consent, The Journal of the proceedings of Wednesday, August 17, 1960, was approved.

COMMITTEE AUTHORIZED TO SIT

The Committee on Banking and Currency was authorized to sit today during the session of the Senate, on the request of Mr. JOHNSON of Texas.

REPORTS OF COMMITTEES

Mr. CHAVEZ, by unanimous consent, from the Committee on Public Works, to whom were referred the following bills, reported them each without amendment and submitted reports thereon, as follows:

H.R. 900. An act to validate certain overpayments inadvertently made by the United States to several of the States and to relieve certifying and disbursing officers from liability therefrom (Rept. No. 1840);

H.R. 2178. An act to authorize the Secretary of the Army to make certain changes in the road at Whites Branch, Grapevine Reservoir, Tex. (Rept. No. 1841);

H.R. 9377. An act to provide for the protection of forest cover for reservoir areas under the jurisdiction of the Secretary of the Army and the Chief of Engineers (Rept. No. 1842); and

H.R. 12530. An act to authorize adjustment, in the public interest, of rentals under leases entered into for the provision of commercial recreational facilities at the John H. Kerr Reservoir, Va.N.C. (Rept. No. 1843).

Mr. CHAVEZ, by unanimous consent, from the Committee on Public Works, to whom was referred the bill (S. 3524) to provide for a Commission on Presidential Office Space, reported it with an amend

ment and submitted a report (No. 1839) thereon.

Mr. CHAVEZ, by unanimous consent, from the Committee on Public Works, to whom was referred the bill (S. 3681) authorizing the Rhode Island Turnpike and Bridge Authority to combine for financing purposes the bridge across the West Passage of Narragansett Bay with the Newport Bridge and any other project acquired or constructed by said authority, reported it with amendments and submitted a report (No. 1847) thereon.

Mr. FREAR, by unanimous consent, from the Committee on the District of Columbia, to whom were referred the following bills, reported them each without amendment and submitted reports thereon, as follows:

H.R. 10346. An act to amend the District of Columbia Sales Tax Act so as to increase the rate of tax imposed on gross receipts from certain sales, and for other purposes (Rept. No. 1845); and

H.R. 12563. An act to amend the act entitled "An act to provide additional revenue for the District of Columbia, and for other purposes,” approved August 17, 1937, as amended (Rept. No. 1846).

Mr. FREAR, by unanimous consent, from the Committee on the District of Columbia, to whom was referred the bill (S. 3713) to increase the salaries of officers and members of the Metropolitan Police force, and the Fire Department of the District of Columbia, the U.S. Park Police, the White House Police, and for other purposes, reported it with amendments and submitted a report (No. 1844) thereon.

INTRODUCTION OF BILLS AND A JOINT
RESOLUTION

Bills and a joint resolution were introduced by unanimous consent, severally read the first and second times, and referred as follows:

By Mr. PROXMIRE:

S. 3863. A bill for the relief of Dragomir Popovich; to the Committee on the Judiciary.

By Mr. MURRAY (for himself,

Mr. GREEN, Mr. PROXMIRE, and
Mr. LONG of Hawaii):

S. 3864. A bill to amend the Mutual Security Act of 1954 to specifically authorize the guarantee of mortgage loans by the Development Loan Fund to assist in the provision of urgently needed housing in the Republic of Panama; to the Committee on Foreign Relations.

By Mr. SYMINGTON:

S. 3865. A bill for the relief of Dr. Nobutaka Azuma; to the Committee on the Judiciary.

By Mr. MURRAY (by request): S. 3866. A bill to provide for the restriction of certain areas in the Outer Continental Shelf, known as the Corpus Christi offshore warning area, for defense purposes and for other purposes; to the Committee on Interior and Insular Affairs.

By Mr. JOHNSTON of South
Carolina:

S.J. Res. 219. Joint resolution proposing and amendment to the Constitution

of the United States providing for the election of President and Vice President; to the Committee on the Judiciary.

PRINTING OF ADDITIONAL COPIES OF HEARINGS ON SENATE RESOLUTION 94 RELATING TO COMPULSORY JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

Mr. FULBRIGHT, by unanimous consent, from the Committee on Foreign Relations, reported the following concurrent resolution (S. Con. Res. 115); which was referred to the Committee on Rules and Administration:

Resolved by the Senate (the House of Represenatives concurring), That two thousand additional copies of the hearings on Senate Resolution 94, "A resolution to amend Senate Resolution 196, Seventy-ninth Congress, second session, relating to the recognition of the jurisdiction of the International Court of Justice in certain legal disputes," be printed for the use of the Committee on Foreign Relations.

A RULE OF GERMANENESS IN THE SENATE Mr. CLARK, by unanimous consent, submitted the following resolution (S. Res. 361); which was referred to the Committee on Rules and Administration:

Resolved, That rule XIX of the Standing Rules of the Senate (relating to debate) is amended by adding the following new paragraph numbered 7:

"A question of germaneness may be raised by any Senator at any time during the consideration of a measure, motion, or other matter, and thereafter all further debate under the order for pending business shall be germane to the subject matter before the Senate. All questions of germaneness of debate under this rule, when raised, including appeals, shall be submitted to the Senate and be decided without debate."

TO PRINT AS A SENATE DOCUMENT COMMITTEE PRINT ENTITLED "STRENGTHENING FREE WORLD SECURITY"

Mr. FULBRIGHT, by unanimous consent, from the Committee on Foreign Relations, reported the following resolution (S. Res. 362); which was referred to the Committee on Rules and Administration:

Resolved, That the committee print entitled "Strengthening Free World Security," prepared by the Foreign Affairs Division of the Legislative Reference Service of the Library of Congress, be printed as a Senate document, and that nine thousand five hundred additional copies be printed for the use of the Committee on Foreign Relations.

PRINTING OF ADDITIONAL COPIES OF CERTAIN HEARINGS ON "U.S. FOREIGN POLICY" Mr. FULBRIGHT, by unanimous consent, from the Committee on Foreign Relations, reported the following resolution (S. Res. 363); which was referred to the Committee on Rules and Administration:

Resolved, That there be printed for the use of the Committee on Foreign Relations five thousand additional copies of part 1 of the hearings entitled "U.S. Foreign Policy," held by that committee

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1960 The Senate resumed the consideration of its unfinished business, viz, the bill (S. 3758) to amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of large enterprises engaged in retail trade or service and of other employees engaged in activities affecting commerce, to increase the minimum wage under the act to $1.25 an hour and for other purposes.

The question being on agreeing to the amendment yesterday proposed by Mr. PROUTY in various places in the bill striking out certain words and inserting other words,

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Findings and Declaration of Policy Sec. 2. Section 2 of the Fair Labor Standards Act of 1938, as amended, is amended by striking out the words “engaged in commerce or in the production of goods for commerce" and inserting in lieu thereof the words "substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce."

Definitions

Sec. 3. (a) Paragraph (m) of section 3 of such Act, defining the term “wage”, is amended by inserting before the period at the end thereof a colon and the following: "Provided, That the cost of board, lodging, or other facilities shall not be included as a part of the wage paid to any employee to the extent it is excluded therefrom under the terms of a bona fide collective-bargaining agreement applicable to the particular employee: Provided further, That the Secretary is authorized to determine the fair value of such board, lodging, or other facilities for defined classes of employees and in defined areas, based on average cost to the employer or to groups of employers similarly situated, or average value to groups of employees, or other appropriate measures of fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure of cost in determining the wage paid to any employee."

(b) Section 3 of such Act is further amended by adding at the end thereof the following new paragraphs:

"(p) 'American vessel' includes any vessel which is documented or numbered under the laws of the United States.

"(q) 'Secretary' means the Secretary of Labor.

"(r) 'Enterprise' means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units but shall not include the related activities performed for such enterprise by an independent contractor: Provided, That within the meaning of this subsection a locally owned and controlled retail or service establishment shall not be deemed to be other than a separate and distinct enterprise by reason of any arrangement, which includes, but is not limited, to an agreement (1) that it will sell, or sell only certain goods specified by a particular manufacturer, distributor, or advertiser, or (2) that it will join with other locally owned and controlled concerns in the same industry for the purpose of collective purchasing, or (3) that it will have the exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area, or by reason of the fact that it occupies premises leased to it by a person who also leases premises to other retail or service establishments.

"(s) 'Substantially engaged in doing business as an integral part of commerce

or of the production of goods for commerce' means, except as otherwise specifically provided, deriving $1,000,000 or more in annual gross sales from activities depending on, or furthering, movement or travel in commerce of persons, of goods, or of communications or otherwise requiring or enabling persons to engage in commerce or in the production of goods for commerce.

"(t) 'Enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce' means any of the following:

“(1) any such enterprise which has one or more retail or service establishments if the annual gross volume of sales of such enterprise is not less than $1,000,000, exclusive of excise taxes at the retail level which are separately stated;

"(2) any such enterprise which has one or more establishments engaged in laundering, cleaning, or repairing clothing or fabrics if the annual gross volume of sales of such enterprise is not less than $1,000,000, exclusive of excise taxes at the retail level which are separately stated;

"(3) any such enterprise which is engaged in the business of operating a street, suburban, or interurban electric railway, or local trolley or motorbus carrier;

"(4) any establishment, not included in an enterprise described in paragraph (1), (2), or (3) of this subsection, which has one or more employees engaged in commerce or in the production of goods for commerce if the annual gross volume of sales of such establishment is not less than $250,000 (or $350,000 in the case of an establishment engaged in the business of construction or reconstruction, or both), exclusive of excise taxes at the retail level which stated;

are separately

"(5) any gasoline service establishment if the annual gross volume of sales of such establishment is not less than $250,000:

Provided, That an establishment shall not be considered to be an enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce, or a part of an enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce, and the sales of such establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection, if the only employees of such establishment are the owner thereof or persons standing in the relationship of parent, spouse, or child of such owner." Special Industry Committees for Puerto Rico and the Virgin Islands Sec. 4. Subsection (a) of section 5 of such Act is amended by inserting after the words "production of goods for commerce" wherever they appear the follow

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