To amend the Fair Labor Standards Act of 1938, as amended. American Samoa Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "American Samoa Labor Standards Amendments of Labor Standards 1956". Amendments of 1956. SEC. 2. Section 6 of the Fair Labor Standards Act of 1938, as 52 Stat. 1062. amended, is amended by striking out the period at the end of paragraph 29 USC 206. (2) in subsection (a), and inserting in lieu thereof a semicolon and the following new paragraph: "(3) if such employee is employed in American Samoa, not less than the applicable rate established by the Secretary of Labor in accordance with recommendations of a special industry committee or committees which he shall appoint in the same manner and pursuant to the same provisions as are now applicable to the special industry committees provided for Puerto Rico and the Virgin Islands by this Act. Each such committee shall have the same powers and duties and shall apply the same standards with respect to the application of the provisions of this Act to employees employed in American Samoa as pertain to special industry committees established under section 5 with respect to 29 USC 205. employees employed in Puerto Rico or the Virgin Islands. The minimum wage rate thus established shall not exceed the rate prescribed in paragraph (1) of this subsection." SEC. 3. Section 13 of such Act is amended by adding at the end 29 USC 213. thereof the following new subsection (e): "(e) The provisions of section 7 shall not apply with respect to employees for whom the Secretary of Labor is authorized to establish minimum wage rates as provided in section 6 (a) (3), except with respect to employees for whom such rates are in effect; and with respect to such employees the Secretary may make rules and regulations providing reasonable limitations and allowing reasonable variations, tolerances, and exemptions to and from any or all of the provisions of section 7 if he shall find, after a public hearing on the matter, and 29 USC 207. taking into account the factors set forth in section 6 (a) (3), that economic conditions warrant such action." SEC. 4. Section 16 of such Act is amended by adding at the end 29 USC 216. thereof the following new subsection (d): "(d) In any action or proceeding commenced prior to, on, or after the date of enactment of this subsection, no employer shall be subject to any liability or punishment under this Act or the Portal-to-Portal Act of 1947 on account of his failure to comply with any provision or 61 Stat. 84. provisions of such Acts with respect to work performed in a possession 29 USC 251 named in section 6 (a) (3) at any time prior to the establishment note. by the Secretary, as provided therein, of a minimum wage rate appli cable to such work." Approved August 8, 1956. 85th Congress, H. R. 3035 AN ACT 71 Stat. 27. To provide a temporary extension of certain special provistons relating to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 344 State aid (b) of the Social Security Act Amendments of 1950 (Public Law 734, to the blind. Eighty-first Congress), as amended by section 302 of the Social Secu- 64 Stat. 554. rity Amendments of 1954 (Public Law 761, Eighty-third Congress), 68 Stat. 1097. is amended by striking out "June 30, 1957" and inserting in lieu 42 USC 1202a thereof "June 30, 1959". Approved April 25, 1957. note. Public Law 85-70 85th Congress, H. R. 3373 June 29, 1957 AN ACT 71 Stat. 242. To amend the Act of December 2, 1942, and the Act of August 16, 1941, relating to injury, disability, and death resulting from war-risk hazards and from employment, suffered by employees of contractors 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 section 201 of 42 USC 1711 the Act of December 2, 1942 (ch. 668, 56 Stat. 1033), as amended, is 70 Stat. 519. further amended by deleting the words "July 1, 1957” and inserting note. in lieu thereof "July 1, 1958”. Approved June 29, 1957. Public Law 85-71 85th Congress, H. R. 6523 June 29, 1957 AN ACT 71 Stat. 242. To amend the Federal Employees' Compensation Act to provide compensation for employees of the United States suffering injuries from war-risk hazards or during detention by a hostile force or person. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 (b) 5 USC 801. of the Act of July 28, 1945 (ch. 328, 59 Stat. 505), as amended, is fur- 70 Stat. 519. ther amended by deleting the words "July 1, 1957" and inserting in lieu thereof "July 1, 1958”. Approved June 29, 1957. 85th Congress, H. R. 232 August 26, 1957 AN ACT To amend the Internal Revenue Code of 1954 with respect to the readjustment of tax in the case of certain amounts received for breach of contract, and to restrict the issuance of certificates for rapid amortization of emergency facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part I of Internal Revesubchapter Q of chapter 1 of the Internal Revenue Code of 1954 nue Code of (relating to income attributable to several taxable years) is amended 1954, amendby redesignating section 1305 as section 1306 and by inserting after ments. section 1304 the following new section: "SEC. 1305. BREACH OF CONTRACT DAMAGES. "(a) GENERAL RULE.-If an amount representing damages is received or accrued by a taxpayer during a taxable year as a result of an award in a civil action for breach of contract or breach of a fiduciary duty or relationship, then the tax attributable to the inclusion in gross income for the taxable year of that part of such amount which would have been received or accrued by the taxpayer in a prior taxable year or years but for the breach of contract, or breach of a fiduciary duty or relationship, shall not be greater than the aggregate of the increases in taxes which would have resulted had such part been included in gross income for such prior taxable year or years. 66 (b) CREDITS AND DEDUCTIONS ALLOWED IN COMPUTATION OF TAX.-— The taxpayer in computing said tax shall be entitled to deduct all credits and deductions for depletion, depreciation, and other items to which he would have been entitled, had such income been received or accrued by the taxpayer in the year during which he would have received or accrued it, except for such breach of contract or for such breach of a fiduciary duty or relationship. The credits, deductions, or other items referred to in the prior sentence, attributable to property, shall be allowed only with respect to that part of the award which represents the taxpayer's share of income from the actual operation of such property. "(c) LIMITATION.-Subsection (a) shall not apply unless the amount representing damages is $3,000 or more." 68A Stat. 336; 69 Stat. 688. 71 Stat. 413. SEC. 2. The table of sections for such part I is amended by striking 71 Stat. 414. out "Sec. 1305. Rules applicable to this part". and by inserting in lieu thereof "Sec. 1305. Breach of contract damages. "Sec. 1306. Rules applicable to this part." SEC. 3. The amendments made by the first section and section 2 of Effective date. this Act shall apply to taxable years ending after December 31, 1954, but only as to amounts received or accrued after such date as the result of awards made after such date. SEC. 4. Section 168 of the Internal Revenue Code of 1954 (relating 68A Stat. 52. to amortization of emergency facilities) is amended— (a) by striking out "There" in subsection (e) (1) and inserting 68A Stat. 54. in lieu thereof the following: “CERTIFICATIONS ON OR BEFORE AUGUST 22, 1957.-In the case of a certificate made on or before August 22, 1957, there"; (b) by striking out subsection (e) (2) and inserting in lieu 68A Stat. 54. thereof the following: "(2) CERTIFICATIONS AFTER AUGUST 22, 1937.-In the case of a certificate made after August 22, 1957, there shall be included only so much of the amount of the adjusted basis of such facility (com 71 Stat. 414. 71 Stat. 415. puted without regard to this section) as is properly attributable to such construction, reconstruction, erection, installation, or acquisition after December 31, 1949, as the certifying authority designated by the President by Executive order, has certified is to be used "(A) to produce new or specialized defense items or components of new or specialized defense items (as defined in paragraph (4)) during the emergency period, or "(B) to provide research, developmental, or experimental services during the emergency period for the Department of Defense (or one of the component departments of such Department), or for the Atomic Energy Commission, as a part of the national defense program, and only such portion of such amount as such authority has certified is attributable to the national defense program. Such certification shall be under such regulations as may be prescribed from time to time by such certifying authority with the approval of the President. An application for a certificate must be filed at such time and in such manner as may be prescribed by such certifying authority under such regulations but in no event shall such certificate have any effect unless an application therefor is filed before the expiration of 6 months after the beginning of such construction, reconstruction, erection, or installation or the date of such acquisition. For purposes of the preceding sentence, an application which was timely filed under this subsection on or before August 22, 1957, and which was pending on such date, shall be considered to be an application timely filed under this paragraph. "(3) SEPARATE FACILITIES; SPECIAL RULE. After the completion or acquisition of any emergency facility with respect to which a certificate under paragraph (1) or (2) has been made, any expenditure (attributable to such facility and to the period after such completion or acquisition) which does not represent construction, reconstruction, erection, installation, or acquisition included in such certificate, but with respect to which a separate certificate is made under paragraph (1) or (2), shall not be applied in adjustment of the basis of such facility, but a separate basis shall be computed there for pursuant to paragraph (1) or (2), as the case may be, as if it were a new and separate emergency facility. "(4) DEFINITIONS.-For purposes of paragraph (2) "(A) NEW OR SPECIALIZED DEFENSE ITEM.-The term 'new or specialized defense item' means only an item (excluding services) "(i) which is produced, or will be produced, for sale to the Department of Defense (or one of the component departments of such Department), or to the Atomic Energy Commission, for use in the national defense program, and "(ii) for the production of which existing productive facilities are unsuitable because of its newness or of its specialized defense features. "(B) COMPONENT OF NEW OR SPECIALIZED DEFENSE ITEM.The term 'component of a new or specialized defense item' means only an item "(i) which is, or will become, a physical part of a new or specialized defense item, and 71 Stat. 415. "(ii) for the production of which existing productive facilities are unsuitable because of its newness or of its specialized defense features."; and (c) by redesignating subsection (i) as (j), and by inserting after subsection (h) the following new subsection: "(i) TERMINATION.-No certificate under subsection (e) shall be made with respect to any emergency facility after December 31, 1959." Approved August 26, 1957. |