Text: H.R.2138 — 101st Congress (1989-1990)All Information (Except Text)

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Union Calendar No. 176
101st CONGRESS
1st Session
H. R. 2138
[Report No. 101-280]
A BILL
To amend the Immigration and Nationality Act with respect to the application
of employer sanctions to longshore work.
October 13, 1989
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
HR 2138 RH
Union Calendar No. 176
101st CONGRESS
1st Session
 H. R. 2138
[Report No. 101-280]
To amend the Immigration and Nationality Act with respect to the application
of employer sanctions to longshore work.
IN THE HOUSE OF REPRESENTATIVES
April 27, 1989
Mr. BROOKS introduced the following bill; which was referred to the Committee
on the Judiciary
October 13, 1989
Additional sponsors: Mr. AUCOIN, Mr. FIELDS, Mr. MORRISON of Connecticut,
Mrs. BENTLEY, Mr. DEFAZIO, Mr. BERMAN, Mr. MANTON, Mr. WYDEN, Mr. MCDERMOTT,
Mr. YOUNG of Alaska, Mr. DICKS, Mrs. UNSOELD, Mr. HUGHES, Mr. SWIFT,
Mr. BRYANT, Mr. FEIGHAN, Mrs. BOXER, Ms. PELOSI, Mr. MILLER of Washington,
Mr. MILLER of California, Mr. CARDIN, Mr. ANDERSON, Mr. AKAKA, Mr. HAWKINS,
Mr. SMITH of Florida, and Mr. Wise
October 13, 1989
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April 27, 1989]
A BILL
To amend the Immigration and Nationality Act with respect to the application
of employer sanctions to longshore work.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. APPLICATION OF EMPLOYER SANCTIONS TO LONGSHORE WORK.
  (a) IN GENERAL- Section 274A(h) of the Immigration and Nationality Act (8
  U.S.C. 1324a(h)) is amended by adding at the end the following new paragraph:
  `(4) SPECIAL RULES RESPECTING LONGSHORE WORK-
  `(A) TREATMENT OF CERTAIN LONGSHORE WORK- For purposes of this section, any
  person or other entity, including but not limited to ships agents, brokers,
  charterers, and procurers of labor, acting independently or on behalf of any
  other such person or entity, who brings into the United States (or coastal
  waters thereof) an individual who performs longshore work (as defined
  in subparagraph (D)), shall be considered to have hired such individual
  for employment in the United States within the meaning of subsection (a)
  as of the first date that the individual first performs such work.
  `(B) PAPERWORK REQUIREMENT FOR LONGSHORE WORK- In applying the requirements
  of paragraph (3) of subsection (b) (relating to retention of verification
  forms) to employment described in subparagraph (A), the person or entity
  shall designate, in writing to the Attorney General, a person or entity
  located at a port in the United States in the vicinity of the location of
  the longshore work involved who agrees to be responsible for the retention
  and making available for inspection of such forms under such paragraph.
  `(C) NO AUTHORIZATION MERELY THROUGH CLASSIFICATION AS ALIEN CREWMEN- The
  mere classification of an alien as a nonimmigrant under section 101(a)(15)(D)
  (without the document or documents described in subsection (b)(1)(E)(i)
  with respect to the alien) shall not be considered to authorize, for
  purposes of this section and section 274B, the performance of longshore
  work by that alien.
  `(D) LONGSHORE WORK DEFINED- In this paragraph and subsection (b)(1), the
  term `longshore work' includes activities relating or incident to the loading
  or unloading of cargo, including the operation of cargo-related equipment,
  whether or not integral to the vessel, and the securing of the vessel, in
  the United States or the coastal waters thereof; except that, for purposes
  of subsection (b)(1)(E)(ii), such term includes such activities with respect
  to vessels in (or in the coastal waters of) the reciprocal foreign state.'.
  (b) EMPLOYMENT VERIFICATION SYSTEM- Section 274A(b)(1) of such Act (8
  U.S.C. 1324a(b)(1)) is amended--
  (1) in subparagraph (A)--
  (A) in clause (i), by striking `or';
  (B) in clause (ii), by striking the period and inserting `, or'; and
  (C) by inserting after clause (ii) the following new clause:
  `(iii) with respect to longshore work, the document or documents described
  in subparagraph (E)(i).'; and
  (2) by adding at the end the following new subparagraph:
  `(E) Documents establishing reciprocity of longshore work-
  `(i) IN GENERAL- The document or documents described in this clause
  with respect to an individual's performance of longshore work are such
  a document or documents, in a form acceptable to the Attorney General,
  that establish that--
  `(I) the individual is a national of a reciprocal foreign state (described
  in clause (ii)), and
  `(II) the individual will perform such work in connection with a vessel
  that is documented and enrolled with a reciprocal foreign state.
  `(ii) RECIPROCAL FOREIGN STATE DEFINED- In clause (i), the term `reciprocal
  foreign state' means a foreign state which the Attorney General has
  determined, in accordance with section 553 of title 5, United States Code--
  `(I) has in effect immigration laws and regulations which authorize, on
  a nationwide basis, the performance of longshore work by United States
  nationals who are crewmembers of vessels which are documented and enrolled
  in the United States; and
  `(II) in the territory or coastal waters of which United States nationals
  described in subclause (I) have performed such work during the six months
  preceding the application of clause (i) with respect to a national of the
  state or vessel documented and enrolled with the state.'.
  (c) EFFECTIVE DATE- The amendments made by this section shall apply to
  services performed on or after the date of the enactment of this Act.

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