(3) The term "person" shall include one or more individuals, partnerships, corporations, associations, or the legal representatives, trustees, trustees in bankruptcy, or receivers thereof.

(4) The term "employer" shall include any person employing labor in the conduct of any branch of the textile industry, and any person acting in the interest of an employer either directly or indirectly.

(5) The term "employee" shall include any individual employed in any branch of the textile industry and shall include any proprietor, his family, or relatives doing production work. The term "employee", unless otherwise indicated by the context, shall not be limited to employees of a particular employer and shall include any individual whose work has ceased as a consequence of, or in connection with, any change in work assignment, or any current labor dispute or because of any unfair labor practice (as defined in the National Labor Relations Act approved July 5, 1935), and who has not thereafter obtained any regular and substantially equivalent employment.

(6) The term "representative" shall include any individual or labor organization.

(7) The term "interstate commerce" shall mean trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country.

(8) The term "Commission" shall mean the National Textile Commission, created by section 4 of this Act.

(9) The term "label or stamp" shall mean a label or stamp issued, authorized, or approved by the Commission.

(10) The term "licensee" shall mean a person who is licensed by the Commission under the provisions of this Act.

NATIONAL TEXTILE COMMISSION

SEC. 4. (a) There is hereby created a commission, to be known as the "National Textile Commission", which shall be composed of seven members appointed by the President, by and with the advice and consent of the Senate. Of the first seven members appointed, two shall serve for one year, one for two years, two for three years, one for four years, and one for five years; but their successors shall serve for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. Each member of the Commission shall receive a salary of $10,000 a year, shall be eligible for reappointment, and shall not actively engage in any other business, vocation, or employment. Any member of the Commission may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.

(b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission, and four members of the Commission shall, at all times, constitute a quorum. The Commission shall have an official seal which shall be judicially noticed.

(c) The Commission shall, at the close of each calendar year, make a report in writing to the President for submission to Congress, prescribing in detail its activities and operations during the year, and the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Commission, and render an accounting of all moneys it has disbursed.

SEC. 5. (a) The Commission shall have power to establish agencies, divisions, and bureaus. It shall appoint, without regard to the provisions of the civilservice rules or of the Classification Act of 1923, as amended, a secretary and such attorneys, special experts, consultants, examiners, clerks, and other employees, as it may from time to time find necessary or appropriate for the proper performance of its duties and for the execution of the provisions of this Act; attorneys appointed by the Commission may, at the discretion of the Commission, appear for and represent the Commission in any case in court.

(b) The Commission is authorized to accept and utilize such voluntary and uncompensated services and to assign such funds to other governmental agencies or bureaus for the carrying on of special studies and assisting the Commission in other functions, as it may from time to time find necessary or appropriate.

(c) The Commission shall establish divisions for the cotton, silk, wool, hosiery, and for such other branches of the textile industry as it may deem necessary or

appropriate. The Commission may delegate any of its functions or powers under this Act to any such divisions, or to any such agencies, bureaus, officers, or employees as it may establish or appoint; but the final decision upon all contested matters shall remain with the Commission.

(d) All expenses of the Commission, including all necessary traveling and subsistence expenses, incurred by members or employees of the Commission under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission or by any individual it designates for that purpose. SEC. 6. The principal office of the Commission shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place in the United States, its Territories, or possessions. The Commission may, by one or more of its members or by such agents or agencies as it may designate, prosecute any inquiry necessary to its functions in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently participating in a decision of the Commission in the same case.

SEC. 7. The Commission shall have authority from time to time to make such rules and regulations as may be necessary or appropriate to carry out the purposes of this Act, and to alter, amend, or rescind such rules and regulations. Such rules and regulations shall be effective upon publication in the manner which the Commission shall prescribe.

SEC. 8. (a) The Commission is authorized and directed to administer this Act and shall exercise such specific powers as are herein contained.

(b) The Commission shall have power to gather, compile, and publish information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person engaged in the textile industry. (c) The Commission shall enforce compliance by all licensees with all the terms and conditions of their respective licenses.

SEC. 9. (a) No textile product shall be eligible for purchase, sale, shipment, transportation, or delivery in interstate commerce which has been manufactured, processed, or produced by any person not licensed for such purposes by the Commission and which does not bear a label or stamp; and it is hereby declared unlawful for any person to buy, sell, ship, transport deliver, receive, or possess any such product in the course of interstate commerce, or otherwise to engage in or carry on interstate commerce in such products.

(b) For the purpose of this Act, a person shall be deemed to be engaged in interstate commerce, if such person holds control through stock ownership, a voting trust or trusts, a holding company or companies, or any other direct or indirect means, of or over another person engaged in interstate commerce.

SEC. 10. Whenever the manufacture, processing, and/or production of textile products not eligible for entrance into interstate commerce under the provisions of this Act is carried on in the same plant or establishment or is otherwise intermingled or connected with, or related to, the manufacture, processing, and/or production of textile products eligible for entrance into interstate commerce, so as directly and substantially to interfere with, prevent, impede, or obstruct effective regulation of the latter products, the Commission after appropriate investigation and inquiry shall order that the manufacture, processing, and/or production of the products not eligible for entrance into interstate commerce be carried on only in accordance with the provisions of the license applicable to the manufacture, processing, and/or production of the products eligible for entrance into interstate commerce; thereafter such manufacture, processing, and/or production of such textile products shall be subject to the provisions of this Act and such manufacture, processing, and/or production without a license shall be a violation of this Act.

SEC. 11. Whenever the Commission, after appropriate investigation and inquiry, shall find that textile products not eligible for entrance into interstate commerce are being manufactured, processed, and/or produced by persons not licensed by the Commission under standards substantially inferior to those prescribed in this Act and in such manner as directly and substantially to affect, impede, burden, reduce, or obstruct interstate commerce in textile products, the Commission shall order that thereafter such textile products be manufactured, processed, and/or produced only by persons licensed by the Commission in the same manner and subject to the same conditions as licensees who manufacture, process, and/or produce similar textile products for interstate commerce; thereafter such manufacture, processing, and/or production of such textile products, shall be subject to the provisions of this Act, and such manufacture, processing, and or production without a license shall be a violation of this Act.

PROHIBITION OF USE OF THE MAILS FOR TRANSMISSION OF MATTER RELATING TO

TEXTILE PRODUCTS NOT MANUFACTURED, PROCESSED, AND/OR Produced under

A LICENSE ISSUED BY THE COMMISSION

SEC. 12. It shall be unlawful for any person to transmit through, deposit in, or cause to be transmitted through, deposited in, or carried in the mails of the United States, or to be delivered by any postmaster, letter carrier, or other employee or agent of the Postal Service of the United States, to any other person or addressee at any place or point in any State or Territory of the United States, the District of Columbia, or any foreign country

(a) Any textile product not manufactured, processed, and/or produced under a license issued by the Commission; or

(b) Any letter, postal card, parcel, package, statement, quotation, sales or purchase order, bill of lading, invoice, circular pamphlet, check, draft, currency, note, memorandum, negotiable instrument, publication, or communication of any kind whatsoever, pertaining to the manufacture, processing, production, purchase, sale, shipment, transportation, delivery, receipt, or to the kind, quality, character, description, delivery, price, cost, value, payment of, or other matter whatever, of any textile product not manufactured, processed, and/or produced under a license issued by the Commission.

PROHIBITION OF GOVERNMENT PURCHASES FROM, CONTRACTS WITH, OR LOANS TO PRODUCERS, MANUFACTURERS, OR PROCESSORS OF TEXTILE PRODUCTS NOT LICENSED BY THE COMMISSION

SEC. 13. (a) No textile product which has been manufactured, processed, and/or produced by a person not licensed by the Commission and which does not bear a label or stamp shall be purchased by the United States or by any department, bureau, agency or instrumentality thereof, or by any person in which the United States or any department, bureau, agency, or instrumentality thereof owns a controlling interest.

(b) No contract, loan, or grant shall be made or renewed by the United States, the Reconstruction Finance Corporation, or any department, bureau, agency, or instrumentality of the United States, or by any person in which the United States, the Reconstruction Finance Corporation, or any department, bureau, agency, or instrumentality or the United States holds a controlling interest, with or to any person engaged wholly or partially in the textile industry who is not licensed by the Commission.

(c) No loan shall be made or renewed by the United States, the Reconstruction Finance Corporation, or any department, bureau, agency, or instrumentality of the United States to or with any railroad or any other carrier unless such railroad or other carrier shall agree, in writing, as a condition of such loan or renewal that it will not carry, transport, or ship over its roads, lines, or with the aid of its sytem or over the road line, or system of any person in which it holds a controlling interest, any textile product which has been manufactured, processed, and/or produced by a person not licensed by the Commission or which does not bear a label or stamp.

(d) No loan shall be made or renewed by the United States, the Reconstruction Finance Corporation, or any department, bureau, agency, or instrumentality of the United States, or by any person in which the United States, the Reconstruction Finance Corporation, or any department, bureau, agency, or instrumentality of the United States, directly or indirectly, holds a controlling interest, to or with any bank or financial institution unless such bank or financial institution shall agree, as a condition of such loan or renewal, that it will not enter into any financial transaction with any person engaged wholly or partially in the textile industry who is not licensed by the Commission.

(e) All contracts entered into or renewed by the United States or any department, bureau, agency, or instrumentality thereof, or by any person in which the United States or any department, bureau, agency, or instrumentality thereof holds a controlling interest, shall contain as conditions thereof the provisions that in connection with the execution of said contract the contractor will not purchase or contract to purchase any textile product manufactured, processed, and/or produced by any person not licensed by the Commission, that the contractor will enter into subcontracts only subject to the same condition, and that any violation of said conditions shall constitute cause for cancelation of the contract.

(f) All loans or grant of funds made or renewed by the United States or any department, bureau, agency, or instrumentality thereof, or by any person in which the United States or any department, bureau, agency, or instrumentality thereof holds a controlling interest, to or with any State or subdivision thereof, or to or with any person, shall contain as conditions of such loan or grant that the grantee in the use of such funds will not purchase or contract to purchase any textile product not manufactured, processed, and/or produced by a person licensed by the Commission and that the grantee in the use of such funds will not enter into any contract which does not contain the conditions set forth in subsection (e) of this section.

PROHIBITION OF INTERSTATE COMMERCE IN OR REGISTRATION OF SECURITIES BY ANY PERSON ENGAGED IN THE TEXTILE INDUSTRY WHO IS NOT LICENSED BY THE COMMISSION

SEC. 14. It shall be unlawful for any person engaged wholly or partially in the textile industry who is not licensed by the Commission to effect any transaction in interstate commerce in any security (as defined in the Securities Exchange Act of 1934) of a corporation engaged wholly or partially in the manufacture, processing, and/or production of textile products; and such person shall not be permitted to register any such security with the Securities Exchange Commission.

ISSUANCE OF LICENSES

SEC. 15. The Commission is hereby authorized and directed to issue licenses to any person engaged wholly or partially in the textile industry, subject to the conditions set forth in this Act. No license shall be issued to any person unless said person shall agree in writing as a condition precedent to the issuance, receipt, and continuance in force of such license to comply with the provisions of such license.

WAGES

SEC. 16. Every license issued under this Act shall provide as a condition thereof that

(a) No employee shall be paid less than at the rate of $15 per week of thirtyfive hours, except as hereinafter otherwise provided. This minimum shall apply only to common or unskilled labor; other classes of labor, including pieceworkers, shall be compensated at rates above this minimum, as set forth in section 18 hereinafter.

(b) No clerical or office employee shall be paid less than at the rate of $15 per week of forty hours.

(c) Employees engaged as learners shall be paid not less than 80 per centum of the minimum wage prescribed in subsections (a) and (b) of this section: Provided, That no employee shall be classified as a learner for the purposes of this subsection after he has been employed for a period of six weeks or more in any part of the textile industry: And provided further, That no employer shall classify more than 5 per centum of his employees as learners.

(d) An employee whose earning capacity is limited because of age, physical or mental handicaps, or other infirmity, may be employed on light work at a wage below the minimum prescribed in subsections (a) and (b) of this section: Provided, That the employer obtains from the Commission a certificate authorizing such employee's employment at such wages as shall be stated in the certificate. (e) Employers shall make payment of all wages due at least once each week in lawful currency or by negotiable demand check. If payment is by check employers shall provide reasonably accessible facilities for cashing such checks at face value without expense to the employee, and such identification as is necessary to utilize such facilities.

(f) No employee shall be required to trade at a store specified by the employer, or to live in houses rented from or designated by the employer, or to use similar company properties or services of any description.

(g) The wages or other income of employees shall be exempt from any charges, fines, or other deductions; or from payment for pensions, insurance, or sick benefits, except those voluntarily paid by the employee, if approved by the Commission and in existence at the time of the passage of this Act, and except those required by State or Federal law. No employer shall accept directly or indirectly rebates on such wages or salaries or give anything of value or extend any gratuity or other favor for the purpose of influencing rates of wages or working conditions of his employees. Nothing herein shall be construed or applied to prevent the

deduction by employers from the wages of employees of dues of a bona-fide labor organization under an agreement for such deduction between the employer and said organization.

(h) Female employees performing substantially the same work as male employees shall receive the same rate of pay.

(i) Employees who have been employed regularly one calendar year shall be granted not less than seven days' vacation each year with pay.

SEC. 17. The minimum wages prescribed in the preceding section may be increased by the Commission, after appropriate notice and hearing, to conform to increases in the cost of living as disclosed by statistics of the United States Bureau of Labor Statistics and other similar governmental agencies.

SEC. 18. (a) The Commission shall study classifications of occupations and wage differentials and make definitions of skill between occupations in various branches of the textile industry, and shall, within six months after its appointment, publish its findings with respect thereto. Whenever the Commission shall find that differentials of wages above the minimum, as found by the Commission to be equitable and proper, are not being maintained, or that competition in or directly affecting interstate commerce is tending to reduce such proper wage differentials above the minimum, and that collective bargaining has failed to correct such situation, it shall have power, after appropriate notice and hearing, to establish minimum wages for various classifications of occupations in accordance with the following standards:

(1) The wages prescribed in this Act for the lowest paid classes of employees shall be taken as a base.

(2) Differentials for occupations above this lowest-paid class of employees: shall be based upon the skill required in the occupation and upon the historical differences between the occupations as determined by the study provided for above.

(b) Such occupational minimum wages, when established by the Commission, shall insofar as applicable become a condition of every license issued under this Act.

(c) Such occupational minimum wages may be revised by the Commission from time to time to conform to changes in the cost of living or to other pertinent factors as found by the Commission.

HOURS OF LABOR

SEC. 19. Every license issued under this Act shall provide as a condition thereof that:

(a) No employee shall be permitted to work more than thirty-five hours in any one week, or seven hours in any twenty-four-hour period, or five days in any seven-day period, except as hereinafter otherwise provided.

(b) No employee engaged in clerical or office work shall be permitted to work more than forty hours in any one week, or eight hours in any twenty-four-hour period.

(c) The maximum hours of work prescribed in subsections (a) and (b) above shall not apply to employees engaged in a managerial or executive capacity who receive a salary of not less than $50 per week; or to any employee engaged in emergency maintenance or emergency repair work involving breakdowns endangering life or property: Provided, That employees engaged in such work shall be paid for all hours in excess of seven hours per day at the rate of time and one-half. (d) No female employee shall be permitted to work except between the hours of 7 o'clock ante meridian and 10 o'clock post meridian.

(e) Employees shall be paid double time for all work performed on Sundays and legal holidays.

(f) No employer shall permit any employee to work for any time which, when added to the time worked for another employer or employers in the textile or any other industry, trade, or occupation, exceeds the maximum hours prescribed in his license.

(g) Hours of work shall be consecutive, except for meal periods. Working time shall include all time spent at the place of employment from the time the employee reports for duty or is subject to call until final release from duty, except meal periods, whether or not the employee is actually engaged in his duties.

SEC. 20. The Commission is authorized and directed to study and report to Congress within one year from the date of approval of this Act a plan for regularization of employment and as to the feasibility of establishing a guaranteed minimum annual wage income in the textile industry.