(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 pas-
sengers 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 ves-
sels 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 in-
clude any foreign documented vessel that can dem-
onstrate—
‘‘(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 bene-
ficial 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 fol-
lowing 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 deter-
mines 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 regu-
larly engaged in transporting cargo in the foreign
trade of the United States; and
‘‘(iii) a foreign documented vessel on which oc-
curs the production or processing of goods or serv-
ices for sale or distribution in the United States, and
a foreign documented vessel that engages in trans-
porting cargo between vessels in international waters
and a vessel, port, or place in the United States re-
gardless of the ownership or control of the vessel.
‘‘(B) For purposes of this section and except as pro-
vided 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 com-
posed 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 con-
trolled 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’’.
Æ