. 12 1 cation duly filed under subparagraph (A) of this paragraph 2 for appointment of a special industry committee and may 3 appoint such a special industry committee if he has a reason4 able cause to believe, on the basis of financial and other 5 information contained in the application, that compliance 6 with any applicable rate or rates prescribed by paragraph 7 (2), (3) (A), or (4), as the case may be, will substantially 8 curtail employment in the industry with respect to which the 9 application was filed. The Secretary's decision upon any 10 such application shall be final. In appointing a special in11 dustry committee pursuant to this paragraph the Secretary 12 shall, to the extent possible, appoint persons who were mem13 bers of the special industry committee most recently con14 vençd under section 8 for such industry. Any wage order 15 issued pursuant to the recommendations of a special industry 16 committee appointed under this paragraph shall take effect 17 on the applicable effective date provided in paragraph (2), 18 (3), or (4), as the case may be. If a wage order has not 19 been issued pursuant to the recommendation of a special in20 dustry committee appointed under this paragraph prior to the 21 applicable effective date under paragraph (2), (3), or (4), 22 the applicable percentage increase provided by paragraph 238 (2), (3), or (4) shall take effect on the effective date 24 prescribed therein, except with respect to the employees of an employer who filed an application for appointment under 25 13 1 this paragraph of a special industry committee and who files 2 with the Secretary an undertaking with a surety or sureties 3 satisfactory to the Secretary for payment to his employees 4 of an amount șufficient to compensate such employees for the 5 difference between the wages they actually receive and the 6 wages to which they are entitled under this subsection. The 7 Secretary shall be empowered to enforce such undertaking 8 and any sums recovered by him shall be held in a special 9 deposit account and shall be paid, on order of the Secretary, 10 directly to the employee or employees affected. Any such 11 sum not paid to an employee because of inability to do so 12 within a period of three years shall be covered into the 13 Treasury of the United States as miscellaneous receipts. 14 "(C) The provisions of section 5 and section 8, relat 15 ing to special industry committees, shall be applicable to 16 special industry committees appointed under this paragraph. 17 The appointment of a special industry committee under this 18 paragraph shall be in addition to and not in lieu of any 19 special industry committee required to be convened pursuant 20 to section 8(a), except that no special industry committee 21 convened under that section shall hold any hearing within one year after a minimum wage rate or rates for such indus23 try shall have been recommended to the Secretary, by a 2 special industry committee appointed under this paragraph, 14 1 to be paid in lieu of the rate or rates prescribed by paragraph 2 (2), (B) (A), or (4), as the case may be. 3 "(7) The minimum wage rate or rates prescribed by 4 this subsection shall be in effect only for so long as and 5 insofar as such minimum wage rate or rates have not been 6 superseded by a wage order fixing a higher minimum wage 7 rate or rates (but not in excess of the applicable rate pre8 scribed in subsection (a) or (b)) hereafter issued by the 9 Secretary pursuant to the recommendation of a special in10 dustry committee appointed under section 5. 11 "(8) Notwithstanding any other provision of this sub12 section, the wage rate of any employee in Puerto Rico or 13 the Virgin Islands which is subject to increase under para14 graph (2), (3), (4), or (5) of this subsection shall, on 15 and after the effective date of the first wage increase under 16 the paragraph which applies to the employce's wage rate, 17 be not less than 60 per centum of the wage rate that (but 18 for this subsection) would be applicable to such employee 19 under subsection (a) or (b) of this section." 20 (b) (1) The last sentence of section 8 (b) (29 U.S.C. 21 208 (b)) is amended by striking out the period at the end 22 thereof and inserting in lieu thereof a semicolon and the fol23 lowing: “except that the committee shall recommend to the 24 Secretary the minimum wage rate prescribed in section 6 (a) or (b), which would be applicable but for section 6 (c), 25 15 1 unless there is substantial documentary evidence, including 2 pertinent unabridged profit and loss statements and balance 3 sheets for a representative period of years, in the record 4 which establishes that the industry, or a predominant portion 5 thereof, is unable to pay that wage." 6 (2) The third sentence of section 10 (a) (29 U.S.C. 7 210(a)) is amended by inserting after "modify" the fol8 lowing: "(including provision for the payment of an appro9 priate minimum wage rate)". 10 11 12 13 TITLE II-EXTENSION OF COVERAGE; REVISION OF EXEMPTIONS FEDERAL AND STATE EMPLOYEES SEC. 201. (a) (1) Subsection (d) of section 3 (29 14 U.S.C. 208) is amended to read as follows: 15 "(d) Employer' includes any person acting directly or 16 indirectly in the interest of an employer in relation to an en17 ployee and includes the United States or any State or political 18 subdivision of a State, but does not include any labor orga19 nization (other than when acting as an employer) or anyone 20 acting in the capacity of officer or agent of such labor 21 organization." 22 (2) Subsection (r) of section 3 is amended by inserting 23 "or" at the end of paragraph (2) and by inserting after 21 25 that paragraph the following new paragraph: "(3) in connection with the activities of the Gov 6 7 8 9 10 11 12 13 16 ernment of the United States or of any State or political subdivision of a State,”. (3) Subsection (s) of section 3 is amended— (3), (A) by striking out "or" at the end of paragraphi (B) by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; or", and (C) by adding after paragraph (4) the following new paragraph: "(5) is an activity of the Government of the United States or of any State or political subdivision of a State.". (b) Section 13 (b) (29 U.S.C. 213 (b)) is amended 14 by striking out the period at the end of paragraph (19) 15 and inserting in lieu thereof "; or" and by adding after that 16 paragraph the following: 17 18 19 22 23 24 "(20) any employee of a State or political subdivision of a State engaged in fire protection or law enforcement activities; or "(21) any Federal employee other than a Federal employee who was brought within the purview of section 7 by the amendments made by the Fair Labor Standards Amendments of 1966.". (c) Subsection (b) of section 18 (29 U.S.C. 218) 25 is amended to read as follows: |