[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Reported in House (RH)]

                                                 Union Calendar No. 461

103d CONGRESS

  2d Session

                               H. R. 1517

                          [Report No. 103-818]

_______________________________________________________________________

                                 A BILL

    To extend the coverage of certain Federal labor laws to foreign 
              documented vessels, and for other purposes.

_______________________________________________________________________

                            October 3, 1994

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 Union Calendar No. 461
103d CONGRESS
  2d Session
                                H. R. 1517

                          [Report No. 103-818]

    To extend the coverage of certain Federal labor laws to foreign 
              documented vessels, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 1993

Mr. Clay (for himself, Mr. Ford of Michigan, Mr. Murphy, Mr. Williams, 
Mrs. Bentley, Mr. Bonior, Mr. Dellums, Mr. Evans, Mr. Faleomavaega, Mr. 
    Holden, Mr. Kopetski, Mr. Towns, and Mr. Wilson) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

                            October 3, 1994

 Additional sponsors: Mr. Pastor, Mr. Barlow, Mr. Borski, Mr. Sanders, 
   Mr. Miller of California, Mr. Traficant, Mr. Hoyer, Mr. Frank of 
 Massachusetts, Ms. Norton, Mr. Kildee, Mr. Andrews of New Jersey, Mr. 
   Olver, Mr. Hochbrueckner, Mr. Manton, Mr. Reed, Mr. Dingell, Mr. 
 Jefferson, Miss Collins of Michigan, Mr. Fields of Texas, Mr. Tucker, 
Mr. Walsh, Mr. Quillen, Mr. Martinez, Mr. Strickland, Mr. Lipinski, Mr. 
 Filner, Mr. Owens, Ms. Woolsey, Mr. Romero-Barcelo, Mr. Conyers, Mr. 
     Gene Green of Texas, Mr. Roemer, Mr. Mineta, and Mr. McCloskey

                            October 3, 1994

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
    To extend the coverage of certain Federal labor laws to foreign 
              documented vessels, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COVERAGE OF FOREIGN VESSELS UNDER FEDERAL LABOR LAWS.

    (a) National Labor Relations.--Section 2(2) of the National Labor 
Relations Act (29 U.S.C. 152(2)) is amended--
            (1) by inserting ``(A)'' after the paragraph designation; 
        and
            (2) by adding at the end thereof the following new 
        subparagraph:
    ``(B)(i) The term `employer' also includes--
            ``(I) a foreign documented vessel, if such vessel is 
        regularly engaged in transporting passengers from and to a port 
        or place in the United States, with or without an intervening 
        stop or stops at a foreign port or ports, and such term also 
        includes a foreign documented vessel that is regularly engaged 
        in transporting passengers only from or to a port or place in 
        the United States if the Board determines that such transport 
        is so arranged for the purposes of avoiding being considered an 
        employer for purposes of this Act;
            ``(II) a foreign documented nonliner vessel regularly 
        engaged in transporting cargo in the foreign trade of the 
        United States; and
            ``(III) a foreign documented vessel on which occurs the 
        production or processing of goods or services for sale or 
        distribution in the United States, and a foreign documented 
        vessel that engages in transporting cargo between vessels in 
        international waters and a vessel, port, or place in the United 
        States regardless of the ownership or control of the vessel.
    ``(ii) For purposes of this section and except as provided in 
clause (i)(III), such term shall not include any foreign documented 
vessel that can demonstrate--
            ``(I) that at least 50 percent of its crew is composed of 
        citizens of the country of registry; and
            ``(II) that legal title to such vessel is held by citizens 
        of the country of registry, and beneficial ownership and 
        control, direct or indirect, are held by citizens of the 
        country of registry.
    ``(iii) As used in this subparagraph, the term `citizen' shall 
include--
            ``(I) natural persons who are citizens of the country of 
        registry;
            ``(II) a corporation, if its equity is at least 51 percent 
        owned and controlled by citizens of the country of registry;
            ``(III) a partnership, if all the general partners are 
        citizens of the country of registry and at least 51 percent of 
        the partnership is owned and controlled by citizens of the 
        country of registry.''.
    (b) Fair Labor Standards Act of 1938.--
            (1) Definition.--Section 3(d) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203(d)) is amended--
                    (A) by inserting ``(1)'' after the subsection 
                designation; and
                    (B) by adding at the end thereof the following new 
                paragraph:
    ``(2)(A) The term `employer' also includes--
            ``(i) a foreign documented vessel, if such vessel is 
        regularly engaged in transporting passengers from and to a port 
        or place in the United States, with or without an intervening 
        stop or stops at a foreign port or ports, and such term also 
        includes a foreign documented vessel that is regularly engaged 
        in transporting passengers only from or to a port or place in 
        the United States if the Secretary determines that such 
        transport is so arranged for the purposes of avoiding being 
        considered an employer for purposes of this Act;
            ``(ii) a foreign documented nonliner vessel regularly 
        engaged in transporting cargo in the foreign trade of the 
        United States; and
            ``(iii) a foreign documented vessel on which occurs the 
        production or processing of goods or services for sale or 
        distribution in the United States, and a foreign documented 
        vessel that engages in transporting cargo between vessels in 
        international waters and a vessel, port, or place in the United 
        States regardless of the ownership or control of the vessel.
    ``(B) For purposes of this section and except as provided in 
subparagraph (A)(iii), such term shall not include any foreign 
documented vessel that can demonstrate--
            ``(i) that at least 50 percent of its crew is composed of 
        citizens of the country of registry; and
            ``(ii) that legal title to such vessel is held by citizens 
        of the country of registry, and beneficial ownership and 
        control, direct or indirect, are held by citizens of the 
        country of registry.
    ``(C) As used in this paragraph, the term `citizen' shall include--
            ``(i) natural persons who are citizens of the country of 
        registry;
            ``(ii) a corporation, if its equity is at least 51 percent 
        owned and controlled by citizens of the country of registry;
            ``(iii) a partnership, if all the general partners are 
        citizens of the country of registry and at least 51 percent of 
        the partnership is owned and controlled by citizens of the 
        country of registry.''.
            (2) Minimum wage.--Section 6(a)(4) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 206(a)(4)) is amended by 
        inserting ``or a foreign documented vessel described in section 
        3(d)(2)(A)'' after ``an American Vessel''.
            (3) Exemption.--Section 13(a)(12) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 213(a)(12)) is amended by 
        inserting ``or a foreign documented vessel described in section 
        3(d)(2)(A)'' after ``an American Vessel''.