Chapter 690 1st Session H. R. 6590 AN ACT To prohibit the employment by the Government of the United States of persons who are disloyal or who participate in or assert the right to strike against the Government of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall Government emaccept or hold office or employment in the Government of the United ployment. States or any agency thereof, including wholly owned Government hibition, eto. corporations, who (1) advocates the overthrow of our constitutional form of government in the United States; (2) is a member of an organization that advocates the overthrow of our constitutional form of government in the United States, knowing that such organization so advocates; (3) participates in any strike or asserts the right to strike against the Government of the United States or such agency; or (4) is a member of an organization of Government employees that asserts the right to strike against the Government of the United States or such agencies, knowing that such organization asserts such right. Disloyalty pro SEC. 2. (a) Except as provided in subsection (b), every person who Affidavit. accepts office or employment in the Government of the United States after the date of enactment of this Act, shall, not later than sixty days after he accepts such office or employment, execute an affidavit that his acceptance and holding of such office or employment does not or (if the affidavit is executed prior to acceptance of such office or employment) 69 Stat. 624, will not constitute a violation of the first section of this Act. Such 69 Stat. 625. affidavit shall be considered prima facie evidence that the acceptance and holding of office or employment by the person executing the affidavit does not or will not constitute a violation of such section. (b) An affidavit shall not be required from a person employed by Emergency work. the Government of the United States for less than sixty days for sudden emergency work involving the loss of human life or the destruction of property. This subsection shall not relieve any person from liability for violation of the first section of this Act. SEC. 3. Any person who violates section 1 of this Act shall be guilty Penalty. of a felony, and shall be fined not more than $1,000 or imprisoned not more than one year and a day, or both. SEC. 4. The following parts of Acts are hereby repealed: (1) Section 612 of the Housing Act of 1949 (42 U. S. C., sec. 1445); (2) Section 9A of the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939 (5 U. S. C., sec. 118j); and Repeals. 63 Stat. 444. 53 Stat. 1148. (3) Section 305 of the Labor Management Relations Act, 1947, as 61 Stat. 160. amended (29 U. S. C., sec. 188). Approved August 9, 1955. Chapter 867 - 1st Session AN ACT To amend the Fair Labor Standards Act of 1938 in order to increase the national minimum wage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Fair Labor be cited as the "Fair Labor Standards Amendments of 1955". Standards Congress. 52 Stat. 1062. 29 USC 204 (d). SEC. 2. Subsection (d) of section 4 of the Fair Labor Standards Amendments Act of 1938, as amended, is amended by adding at the end thereof of 1955. the following: "Such report shall contain an evaluation and appraisal Report to by the Secretary of the minimum wages established by this Act, together with his recommendations to the Congress. In making such. evaluation and appraisal, the Secretary shall take into consideration any changes which may have occurred in the cost of living and in productivity and the level of wages in manufacturing, the ability of employers to absorb wage increases, and such other factors as he may deem pertinent." SEC. 3. Effective March 1, 1956, paragraph (1) of subsection (a) Minimum wage. of section 6 of such Act is amended by striking out "75 cents" and 63 Stat. 912. inserting in lieu thereof "$1". 29 USC 206 (a). SEC. 4. Effective July 1, 1956, subsection (a) of section 8 of such Puerto Rico and Act is amended by inserting at the end thereof the following: "Min- Virgin Islands. imum rates of wages established in accordance with this section shall 29 USC 208 (a). be reviewed by such a committee at least once each fiscal year." 63 Stat. 915. SEC. 5. (a) Subsection (a) of section 5 of such Act is amended 63 Stat. 911. 29 USC 205 (a). by striking out "and the administrator" in the last sentence. (b) Subsection (b) of section 8 of such Act is amended by strik-29 USC 208. ing out the second sentence and inserting in lieu thereof the follow ing: "The industry committee shall investigate conditions in the 69 Stat. 711. industry and the committee, or any authorized subcommittee thereof, 69 Stat. 712. shall after due notice hear such witnesses and receive such evidence as may be necessary or appropriate to enable the committee to per form its duties and functions under this Act." (c) Subsection (c) of section 8 is amended by striking out "and the Administrator" in the second sentence. (d) Subsection (d) of section 8 of such Act is amended to read as follows: "(d) The industry committee shall file with the Secretary a report containing its findings of fact and recommendations with respect to the matters referred to it. Upon the filing of such report, the Sec retary shall publish such recommendations in the Federal Register Publication in FR. and shall provide by order that the recommendations contained in such report shall take effect upon the expiration of 15 days after the date of such publication." (e) Subsection (e) of section 8 of such Act is amended by striking out the last sentence. (f) Subsection (a) of section 10 of such Act is amended to read as52 Stat. 1065. follows: 29 USC 210 (a). "SEC. 10. (a) Any person aggrieved by an order of the Secretary Court review. issued under section 8 may obtain a review of such order in the United States Court of Appeals for any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within 60 days after the entry of such order a written petition praying that the order of the Secretary be modified or set aside in whole or in part. A copy of such petition shall forthwith be served upon the Secretary, and thereupon the Secretary shall certify and file in the court a transcript of the record of the industry committee upon which the order All 69 Stat. 712. complained of was entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, or set aside such order in whole or in part, so far as it is applicable to the petitioner. The review by the court shall be limited to questions of law, and findings of fact by such industry committee when supported by substantial evidence shall be conclusive. No objection to the order of the Secretary shall be considered by the court unless such objection shall have been urged before such industry committee or unless there were reasonable grounds for failure so to do. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceeding and that there were reasonable grounds for failure to adduce such evidence in the proceedings before such industry committee, the court may order such additional evidence to be taken before an industry committee and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. Such industry committee may modify the initial findings by reason of the additional evidence so taken, and shall file with the court such modified or new findings which if supported by substantial evidence shall be conclusive, and shall also file its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 62 Stat. 928. 1254 of title 28 of the United States Code. "Secretary". SEC. 6. The term "Secretary" as used in this Act and in amendments made by this Act means the Secretary of Labor. Approved August 12, 1955. Chapter 869 - 1st Session H. R. 4744 AN ACT To amend the Railroad Retirement Act of 1937, as amended, and the Railroad surance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective with Railroad retirerespect to annuities accruing in months following the month of enact- ment and unemployment inment hereof, section 2 (e) of the Railroad Retirement Act of 1937, as amended, is amended by striking out "than $40" and inserting in lieu 65 Stat. 683. thereof the following: ", with respect to any month, than an amount 45 USC 228b(). equal to the maximum amount which could be paid to anyone, with 69 Stat. 715. respect to such month, as a wife's insurance benefit under section 202 69 Stat. 716. (b) of the Social Security Act as amended from time to time". SEC. 2. Effective with respect to annuities accruing in months following the month of enactment hereof, section 5 (g) (2) of the Railroad Retirement Act of 1937, as amended, is amended by striking out the 65 Stat. 686. second sentence thereof. 45 USC 228e (g) SEC. 3. Effective as of January 1, 1955, section 5 (1) (9) of the Rail- (2). road Retirement Act of 1937, as amended, is amended by striking out 65 Stat. 689. the language between "(ii)" and "(B)" and inserting in lieu thereof 45 USC 228e the following: "if such compensation for any calendar year before (1)(9). 1955 is less than $3,600 or for any calendar year after 1954 is less than $4,200 and the average monthly remuneration computed on compensation alone is less than $350 and the employee has earned in such calendar year 'wages' as defined in paragraph (6) hereof, such wages, in an amount not to exceed the difference between the compensation for such year and $3,600 for years before 1955 and $4,200 for years after 1954, by". SEC. 4. Effective as of the dates of their original, enactment, section 12 of the Railroad Retirement Act of 1937, as amended, and section 250 Stat. 316. (e) of the Railroad Unemployment Insurance Act, are each amended 45 USC 2281. by striking out "No" and inserting in lieu thereof "Notwithstanding 52 Stat. 1097; any other law of the United States, or of any State, Territory, or the 45 USC 352 (•). District of Columbia, no". 53 Stat. 845. SEC. 5. Section 10 (b) 4 of the Railroad Retirement Act of 1937, as 50 Stat. 315. amended, is amended by inserting immediately after the first sentence 45 USC 2281 (b). thereof the following sentence: "All positions to which such individuals are appointed, except one administrative assistant to each member of the Board, shall be in and under the competitive civil service and shall not be removed or excepted therefrom." SEC. 6. The second paragraph of section 12 (1) of the Railroad Un- 52 Stat. 1110. employment Insurance Act is amended by inserting immediately before 45 USC 362 (1). the first colon therein the following: ": Provided, That all positions to which such persons are appointed, except one administrative assistant to each member of the Board, shall be in and under the competitive civil service and shall not be removed or excepted therefrom". Approved August 12, 1955. 838. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 (a) of the Employment Act of 1946, as amended (relating to the time 60 Stat. 24, for filing the economic report of the President), is amended by strik 15 USC 1022. ing out at the beginning of each regular session (commencing with 70 Stat. 289. the year 1947)" and inserting in lieu thereof "not later than January 70 Stat. 290. 20 of each year". SEC. 2. Section 5 (a) of such Act and the heading thereof are each 60 Stat. 25. amended by striking out "Joint Committee on the Economic Report" 15 USC 1024. and inserting in lieu thereof "Joint Economic Committee"; and any other statute in which the name "Joint Committee on the Economic |