Page:United States Statutes at Large Volume 104 Part 6.djvu/628

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104 STAT. 5018 PUBLIC LAW 101-649—NOV. 29, 1990 "(F) A finding by the Secretary of Labor under this paragraph that the performance of an activity by alien crewmen is not permitted under the prevailing practice of a local port shall preclude for one year the filing of a subsequent attestation concerning such activity in the port under paragraph (1). "(d) RECIPROCITY EXCEPTION. — "(1) IN GENERAL.—Subject to the determination of the Secretary of State pursuant to paragraph (2), the Attorney General shall permit an alien crewman to perform an activity constituting longshore work if— "(A) the vessel is registered in a country that by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels; and "(B) nationals of a country (or countries) which by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels hold a majority of the ownership interest in the vessel. "(2) ESTABLISHMENT OF UST. —The Secretary of State shall, in accordance with section 553 of title 5, United States Code, compile and annually maintain a list, of longshore work by particular activity, of countries where performance of such a particular activity by crewmembers aboard United States vessels is prohibited by law, regulation, or in practice in the country. By not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice of proposed rulemaking to establish such list. The Secretary shall first establish such list by not later than 180 days after the date of the enactment of this section. "(3) IN PRACTICE DEFINED.—For purposes of this subsection, the term *in practice' refers to an activity normally performed in such country during the one-year period preceding the arrival of such vessel into the United States or coastal waters thereof.". 8 USC 1288 note. (2) No APPLICATION TO CITIZENS OR NATIONALS OF THE UNITED STATES.— T his section does not affect the performance of longshore work in the United States by citizens or nationals of the United States. (3) CLERICAL AMENDMENT.—The table of contents is amended by inserting after the item relating to section 257 the following new item: "Sec. 258. Limitations on performance of longshore work by alien crewmen.". 0)) PENALTIES.—Section 251(d) (8 U.S.C. 1281(d)) is amended— (1) in the first sentence by striking "pay to" and all that follows through "$10" and inserting "pay to the Commissioner the sum of $200"; and (2) by inserting after the first sentence the following: "In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 101(a)(15XDXi) to perform longshore work not included in the normal operation and service on board the vessel under section 258, the owner, agent, charterer, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel.". (c) CONFORMING AMENDMENTS.—Section 101(a)(15XDXi) (8 U.S.C. 1101(a)(15XDXi)) is amended— (1) by striking "any capacity" and inserting "a capacity", and