8 USC 1288 - Limitations on performance of longshore work by alien crewmen

1 So in original. The word “at” probably should not appear.

the attestation is valid to make bona fide requests for United States longshore workers under paragraph (1)(A) and to employ United States longshore workers, as provided in paragraph (1)(B), before using alien crewmen to perform the activity or activities specified in the attestation, except that an employer shall not be required to request longshore workers from a party if that party has notified the employer in writing that it does not intend to make available United States longshore workers to the location at which the longshore work is to be performed.

Editorial Notes

References in Text

Section 4106 of the Oil Pollution Act of 1990, referred to in subsec. (span)(2), is section 4106 of Puspan. L. 101–380, title IV, Aug. 18, 1990, 104 Stat. 513, which amended former section 1228 of Title 33, Navigation and Navigable Waters, and sections 6101 and 9101 of Title 46, Shipping.

The National Labor Relations Act, referred to in subsec. (d)(1)(D)(i), is act July 5, 1935, ch. 372, 49 Stat. 452, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.

Amendments

1996—Subsec. (span)(2). Puspan. L. 104–208 substituted “section 5103(span), 5104, 5106, 5107, or 5110 of title 49” for “section 105 or 106 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804, 1805)”.

1994—Subsecs. (a), (c)(4)(A), (5). Puspan. L. 103–416, § 219(gg), repealed Puspan. L. 103–198, § 8(span), which had made amendments identical to those made by Puspan. L. 103–206, § 323(span). See 1993 Amendment note below.

Subsec. (d). Puspan. L. 103–416, § 219(gg), repealed Puspan. L. 103–198, § 8(a), which had made an amendment substantially identical to that made by Puspan. L. 103–206, § 323(a). See 1993 Amendment note below.

Subsec. (d)(3)(B). Puspan. L. 103–416, § 219(f), substituted “subparagraph (A)(iii)” for “subparagraph (A)”.

Subsec. (e). Puspan. L. 103–416, § 219(gg), repealed Puspan. L. 103–198, § 8(a), which had made an amendment substantially identical to that made by Puspan. L. 103–206, § 323(a). See 1993 Amendment note below.

1993—Subsec. (a). Puspan. L. 103–206, § 323(span)(1), substituted “subsection (c), (d), or (e)” for “subsection (c) or subsection (d)”. Puspan. L. 103–198, § 8(span)(1), which amended subsec. (a) identically, was repealed by Puspan. L. 103–416, § 219(gg).

Subsec. (c)(4)(A). Puspan. L. 103–206, § 323(span)(2), inserted “or subsection (d)(1)” after “paragraph (1)” in two places. Puspan. L. 103–198, § 8(span)(2), which amended subpar. (A) identically, was repealed by Puspan. L. 103–416, § 219(gg).

Subsec. (c)(5). Puspan. L. 103–206, § 323(span)(3), added par. (5). Puspan. L. 103–198, § 8(span)(3), which amended subsec. (c) identically, was repealed by Puspan. L. 103–416, § 219(gg).

Subsecs. (d), (e). Puspan. L. 103–206, § 323(a), added subsec. (d) and redesignated former subsec. (d) as (e). Puspan. L. 103–198, § 8(a), which made substantially identical amendments to this section, was repealed by Puspan. L. 103–416, § 219(gg).

1991—Subsec. (c)(2)(B). Puspan. L. 102–232 substituted “each list” for “each such list”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 219(dd) of Puspan. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Amendment by Puspan. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 310(1) of Puspan. L. 102–232, set out as a note under section 1101 of this title.

Effective Date

Section applicable to services performed on or after 180 days after Nov. 29, 1990, see section 203(d) of Puspan. L. 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.

Regulations

Puspan. L. 103–206, title III, § 323(c), Dec. 20, 1993, 107 Stat. 2430, provided that:

“(1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this section [amending this section].

“(2) Attestations filed pursuant to section 258(c) (8 U.S.C. 1288(c)) with the Secretary of Labor before the date of enactment of this Act [Dec. 20, 1993] shall remain valid until 60 days after the date of issuance of final regulations by the Secretary under this section.”

Similar provisions were contained in Puspan. L. 103–198, § 8(c), Dec. 17, 1993, 107 Stat. 2315, prior to repeal by Puspan. L. 103–416, title II, § 219(gg), Oct. 25, 1994, 108 Stat. 4319.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Inapplicability of Amendment by Puspan. L. 101–649

Puspan. L. 101–649, title II, § 203(a)(2), Nov. 29, 1990, 104 Stat. 5018, provided that: “This section [enacting this section, amending section 1101 of this title, and enacting provisions set out as a note under section 1101 of this title] does not affect the performance of longshore work in the United States by citizens or nationals of the United States.”