[Congressional Record Volume 140, Number 134 (Thursday, September 22, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 22, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                               AMENDMENTS
  Under clause 6 of rule XXIII, proposed amendments were submitted as 
                                follows:

                               H.R. 3171

           By Mrs. BENTLEY:
     --At the appropriate point in the bill after Section 803 add 
     a new Section 804 as follows and renumber subsequent 
     sections;

     SEC. 804. TRADE AMERICAN GRAIN ACT OF 1994

       Section 401 of the Agricultural Trade Act of 1978 (7 U.S.C. 
     5661) is amended by adding a new subsection at the end 
     thereof:
       ``(d) Citizenship Requirements.--Exporters, exporters of 
     record, assignees, sellers, processors and other participants 
     in the program, except for purchasers and users, must be a 
     United States citizen.
       ``(1) Definition of United States Citizen.--For purposes of 
     this section, ``United States citizen'' shall mean either a 
     natural person who is a citizen of the United States or a 
     corporation, partnership, or association, whose controlling 
     interest therein is owned by citizens of the United States, 
     and in the case of a corporation, meets also the following 
     requirements:
       ``(A) president or other chief executive officer is a 
     United States citizen;
       ``(B) the chairman of its board of directors is a United 
     States citizen;
       ``(C) a majority of the members of the board of directors 
     are United States citizens; and
       ``(D)the corporation is organized under the laws of the 
     United States or of a State, Territory, District, or 
     possession thereof.
       ``(2) Definition of Controlling Interest.--For purposes of 
     this section, ``controlling interest'' shall not be deemed to 
     be owned by citizens of the United States (A) if the title to 
     a majority of the stock thereof is not vested in such 
     citizens free from any trust or fiduciary obligation in favor 
     of any person not a citizen of the United States; or (B) if 
     the majority of the voting power in such corporation is not 
     vested in citizens of the United States; or (C) if through 
     any contract or understanding it is so arranged that the 
     majority of the voting power may be exercised, directly or 
     indirectly, in behalf of any person who is not a citizen of 
     the United States; or (D) if by any other means whatsoever 
     control of the corporation is conferred upon or permitted to 
     be exercised by any person who is not a citizen of the United 
     States.''.
     --At the end of the bill add the new section:

     SEC.   . 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 a foreign 
     documented vessel engaged in transporting government-financed 
     cargoes of agricultural commodities.
       ``(ii) For purposes of this section, 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) Pair 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 a foreign 
     documented vessel engaged in transporting government-financed 
     cargoes of agricultural commodities.
       ``(B) For purposes of this section, such term shall not 
     include 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''.