Source
(June 27, 1952, ch. 477, title II, ch. 6, § 258, as added Pub. L. 101–649, title II, § 203(a)(1), Nov. 29, 1990, 104 Stat. 5015; amended Pub. L. 102–232, title III, § 303(a)(4), Dec. 12, 1991, 105 Stat. 1747; Pub. L. 103–198, § 8(a), (b), Dec. 17, 1993, 107 Stat. 2313, 2315; Pub. L. 103–206, title III, § 323(a), (b), Dec. 20, 1993, 107 Stat. 2428, 2430; Pub. L. 103–416, title II, § 219(f), (gg), Oct. 25, 1994, 108 Stat. 4317, 4319; Pub. L. 104–208, div. C, title VI, § 671(e)(4)(B), Sept. 30, 1996, 110 Stat. 3009–723.)
References in Text
Section 4106 of the Oil Pollution Act of 1990, referred to in subsec. (b)(2), is section 4106 of
Pub. L. 101–380, title IV, Aug. 18, 1990,
104 Stat. 513, which amended 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, as amended, 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. (b)(2).
Pub. L. 104–208 substituted “section
5103
(b),
5104,
5106,
5107, or
5110 of title
49” for “section 105 or 106 of the Hazardous Materials Transportation Act (
49 App. U.S.C. 1804, 1805)”.
1994—Subsecs. (a), (c)(4)(A), (5).
Pub. L. 103–416, § 219(gg), repealed
Pub. L. 103–198, § 8(b), which had made amendments identical to those made by
Pub. L. 103–206, § 323(b). See 1993 Amendment note below.
Subsec. (d).
Pub. L. 103–416, § 219(gg), repealed
Pub. L. 103–198, § 8(a), which had made an amendment substantially identical to that made by
Pub. L. 103–206, § 323(a). See 1993 Amendment note below.
Subsec. (d)(3)(B).
Pub. L. 103–416, § 219(f), substituted “subparagraph (A)(iii)” for “subparagraph (A)”.
Subsec. (e).
Pub. L. 103–416, § 219(gg), repealed
Pub. L. 103–198, § 8(a), which had made an amendment substantially identical to that made by
Pub. L. 103–206, § 323(a). See 1993 Amendment note below.
1993—Subsec. (a).
Pub. L. 103–206, § 323(b)(1), substituted “subsection (c), (d), or (e) of this section” for “subsection (c) of this section or subsection (d) of this section”.
Pub. L. 103–198, § 8(b)(1), which amended subsec. (a) identically, was repealed by
Pub. L. 103–416, § 219(gg).
Subsec. (c)(4)(A).
Pub. L. 103–206, § 323(b)(2), inserted “or subsection (d)(1) of this section” after “paragraph (1)” in two places.
Pub. L. 103–198, § 8(b)(2), which amended subpar. (A) identically, was repealed by
Pub. L. 103–416, § 219(gg).
Subsec. (c)(5).
Pub. L. 103–206, § 323(b)(3), added par. (5).
Pub. L. 103–198, § 8(b)(3), which amended subsec. (c) identically, was repealed by
Pub. L. 103–416, § 219(gg).
Subsecs. (d), (e).
Pub. L. 103–206, § 323(a), added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 103–198, § 8(a), which made substantially identical amendments to this section, was repealed by
Pub. L. 103–416, § 219(gg).
1991—Subsec. (c)(2)(B).
Pub. L. 102–232 substituted “each list” for “each such list”.
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990,
Pub. L. 101–649, see section 219(dd) of
Pub. L. 103–416, set out as a note under section
1101 of this title.
Effective Date of 1991 Amendment
Amendment by
Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990,
Pub. L. 101–649, see section 310(1) of
Pub. 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
Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under section
1101 of this title.
Regulations
Section 323(c) of
Pub. L. 103–206 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
Pub. L. 103–198, § 8(c), Dec. 17, 1993,
107 Stat. 2315, prior to repeal by
Pub. 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 Pub. L. 101–649
Section 203(a)(2) of
Pub. L. 101–649 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.”