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Immigration Nursing Relief Act of 1989

Introduced: September 13, 1989 Introduced by: Schumer, Charles E. Democratic · New York See on congress.gov
 Everywhere this bill has been 36 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Dec 18, 1989
Became Public Law No: 101-238.
Dec 18, 1989
Signed by President.
Dec 7, 1989
Presented to President.
Dec 7, 1989
Measure Signed in Senate.
Nov 21, 1989
Motion to reconsider laid on the table Agreed to without objection.
Nov 21, 1989
On motion that the House agree to the Senate amendments Agreed to without objection.
Nov 21, 1989
Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to without objection.
Nov 21, 1989
Mr. Morrison (CT) asked unanimous consent that the House agree to the Senate amendments.
Nov 21, 1989
Message on Senate action sent to the House.
Nov 20, 1989
Passed Senate with amendments by Voice Vote.
Nov 20, 1989
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Nov 20, 1989
Amendment SP 1193 agreed to in Senate by Voice Vote.
Nov 20, 1989
Amendment SP 1193 proposed by Senator Humphrey for Senator Simpson.
Nov 20, 1989
Amendment SP 1192 agreed to in Senate by Voice Vote.
Nov 20, 1989
Measure laid before Senate by unanimous consent.
Nov 20, 1989
Amendment SP 1192 proposed by Senator Humphrey for Senator Simpson.
Nov 17, 1989
Placed on Senate Legislative Calendar under General Orders. Calendar No. 398.
Nov 17, 1989
Committee on Judiciary. Reported to Senate by Senator Biden with amendments. Without written report.
Nov 16, 1989
Committee on Judiciary. Ordered to be reported with amendments favorably.
Oct 20, 1989
Referred to Subcommittee on Immigration and Refugee Affairs.
Oct 18, 1989
Received in the Senate and read twice and referred to the Committee on Judiciary.
Oct 17, 1989
Motion to reconsider laid on the table Agreed to without objection.
Oct 17, 1989
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Oct 17, 1989
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Oct 17, 1989
DEBATE - The House proceeded with forty minutes of debate.
Oct 17, 1989
On ordering a second Agreed to without objection.
Oct 17, 1989
Considered under suspension of the rules.
Oct 17, 1989
Mr. Smith (TX) demanded a second on the motion to suspend the rules.
Oct 17, 1989
Mr. Brooks moved to suspend the rules and pass the bill, as amended.
Oct 16, 1989
Placed on the Union Calendar, Calendar No. 184.
Oct 16, 1989
Reported to House by House Committee on Judiciary. H. Rept. 101-288.
Oct 3, 1989
Committee Consideration and Mark-up Session Held.
Oct 3, 1989
Ordered to be Reported.
Sep 13, 1989
For Previous Action See H.R.1507.
Sep 13, 1989
Referred to the House Committee on Judiciary.
Sep 13, 1989
Introduced in House
 Plain-English summary Congressional Research Service

Immigration Nursing Relief Act of 1989 - Provides for adjustment to immigrant status without regard to specified numerical limitations under the Immigration and Nationality Act for an alien (and accompanying spouse and children): (1) who as of September 1, 1989, had H-1 nonimmigrant registered nurse status; (2) who has been employed in that capacity for at least three years prior to applying for status adjustment; and (3) whose continued nursing employment meets certain labor certification requirements. Requires the Attorney General to issue implementing regulations within 90 days of enactment of this Act.

Provides that H-1 nurses whose visas expire December 31, 1989, shall be considered to be in legal status for 120 days after the promulgation of related Immigration and Naturalization Service regulations.

Amends the Immigration Reform and Control Act of 1986 to authorize additional uses of State legislation impact assistance grants for: (1) amnesty program outreach; and (2) employer sanctions education.

Requires adjustment applications to be filed within five years of the date of such regulations issuance.

Amends the Immigration and Nationality Act to establish a new procedure for the admission of nonimmigrant (H-1a) nurses. Requires such an alien: (1) to be licensed as a nurse in the country where he or she received nursing education, or to have received such education in the United States or Canada; and (2) to have passed an appropriate examination or to have a license and be otherwise eligible to practice immediately in the State of intended employment.

Requires the employer-facility to attest that: (1) services are necessary to avoid substantial disruption of health care services; (2) such alien's employment will not affect similarly employed nurses' wages and working conditions; (3) such alien will be paid the wage for similarly employed nurses at the facility; (4) steps are being taken to recruit and retain U.S. citizen or immigrant nurses, or that the facility is subject to an approved State plan for such purpose; (5) there is no ongoing strike or labor dispute; and (6) notice of such hiring petition has been given to the nurses' bargaining representative, or conspicuously posted if no such representative exists.

States that a facility shall not meet the "substantial disruption of services" requirement if it has laid off registered nurses within the previous year.

Enumerates facility "nurse recruitment and retention" steps, including: (1) operating or financing training or career development programs; and (2) paying wages above local wage rates or providing salary advancement opportunities.

Makes such attestations valid for one year. Permits multiple petitions to be filed on the basis of one attestation.

Requires the Secretary of Labor to compile and make available in Washington, D.C., a list of facility petitions and attestations.

Requires the Secretary to establish a process for the receipt, investigation, and disposition of complaints with respect to a facility's failure to comply with the terms of its attestation. Authorizes: (1) an aggrieved person or organization (including a bargaining representative) to file a complaint; and (2) the Secretary to initiate an investigation. Requires: (1) the Secretary to make a determination within 180 days of a complaint; and (2) a hearing on the complaint within 60 days of such determination. Authorizes civil monetary penalties (not to exceed $1,000 per violation) for violations and prohibits the approval of such facility's petitions for one year. Requires the payment of back wages where appropriate.

Directs the Secretary to provide for a process under which a State may submit a plan for the recruitment and retention of U.S. citizen and immigrant nurses.

Establishes for H-1a alien nurses an initial admission period of up to three years, with an extension period not to exceed a total admissions period of five years (six years under extraordinary circumstances).

Directs the Secretary to appoint an advisory group by January 1, 1991, with regard to: (1) the impact of the H-1a program on the nursing shortage; (2) recruitment and retention of U.S. nurses; and (3) program extension.

Amends provisions of the seasonal agricultural worker (SAW) program to permit the Attorney General to deny permanent status adjustment and terminate temporary resident status in the case of an alien: (1) who received such temporary status through fraud or willful misrepresentation; or (2) who is inadmissible as an alien or who has been convicted of a felony or three or more misdemeanors in the United States.

Directs the Attorney General: (1) before June 1, 1991, to consult with State governments about improving the security of State or local documents provided to the Government under the Immigration and Nationality Act; and (2) report to the appropriate congressional committees before September 1, 1991, and again by August 1, 1993.

Directs the Attorney General to make grants to, and enter into contracts with, California and at least two other States with large immigrant populations for initiatives to improve document security. Authorizes FY 1992 appropriations.

Amends the Immigration Reform and Control Act of 1986 to authorize additional uses of State legalization impact assistance grants for: (1) amnesty program outreach; and (2) employer sanctions education.

What's happening now December 18, 1989

Became Public Law No: 101-238.

 Committees of jurisdiction 3