Page:United States Statutes at Large Volume 104 Part 6.djvu/624

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104 STAT. 5014 PUBLIC LAW 101-649—NOV. 29, 1990 (9) in subsection (f), as so redesignated, by striking all that follows "the period beginning" and inserting "on October 1, 1988, and ending on September 30, 1994. ". (b) PENALTY FOR TRANSPORT OF AUENS WITHOUT VALID VISAS.— Section 273 (8 U.S.C. 1323) is amended— (1) in subsection (a), by inserting "a valid passport and" before "an unexpired visa", and (2) in subsection (c), by inserting "valid passport or" before "visa was required". 8 USC 1187 note. (c) REPORT. — By not later than January 1, 1992, the Attorney General, in consultation with the Secretary of State, shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the operation of the automated data arrival and departure control system for foreign visitors and on admission refusals and overstays for such visitors who have entered under the visa waiver program. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect as of the date of the enactment of this Act. Maritime SEC. 202. DENIAL OF CREWMEMBER STATUS IN THE CASE OF CERTAIN carriers. LABOR DISPUTES (1) NONIMMIGRANTS). Air carriers. 8 USC 1187 note. (a) IN GENERAL.—Section 214 (8 U.S.C. 1184) is amended by adding at the end the following new subsection: "(f)(1) Except as provided in paragraph (3), no alien shall be entitled to nonimmigrant status described in section 101(a)(15XD) if the alien intends to land for the purpose of performing service on board a vessel of the United States (as defined in section 2101(46) of title 46, United States Code) or on an aircraft of an air carrier (as defined in section 101(3) of the Federal Aviation Act of 1958) during a labor dispute where there is a strike or lockout in the bargaining unit of the employer in which the alien intends to perform such service. "(2) An alien described in paragraph (1)— "(A) may not be paroled into the United States pursuant to section 212(d)(5) unless the Attorney General determines that the parole of such alien is necessary to protect the national security of the United States; and "(B) shall be considered not to be a bona fide crewman for purposes of section 252(b). "(3) Paragraph (1) shall not apply to an alien if the air carrier or owner or operator of such vessel that employs the alien provides documentation that satisfies the Attorney General that the alien— "(A) has been an employee of such employer for a period of not less than 1 year preceding the date that a strike or lawful lockout commenced; "(B) has served as a qualified crewman for such employer at least once in each of 3 months during the 12-month period preceding such date; and "(C) shall continue to provide the same services that such alien provided as such a crewman.". (b) CONFORMING AMENDMENT.— Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is Eimended by inserting "or in section 214(f)" after "except as provided in subparagraph (B)". 8 USC 1182 note. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect 60 days after the date of the enactment of this Act.