LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEMBERS—ALASKA EXCEPTION.

SEC. 323. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEMBERS—ALASKA EXCEPTION. (a) Alaska Exception.— Section 258 of the Immigration and Nationality Act (8 U.S.C. 1288) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: “(d) State of Alaska Exception.— (1) Subsection (a) shall not apply to a particular activity of longshore work at a particular location in the State of Alaska if an employer of alien crewmen has filed an attestation with the Secretary of Labor at least 30 days before the date of the first performance of the activity (or anytime up to 24 hours before the first performance of the activity, upon a showing that the employer could not have reasonably anticipated the need to file an attestation for that location at that time) setting forth facts and evidence to show that— “(A) the employer will make a bona fide request for United States longshore workers who are qualified and available in sufficient numbers to perform the activity at the particular time and location from the parties to whom notice has been provided under clauses (ii) and (iii) of subparagraph (D), except that— “(i) wherever two or more contract stevedoring companies have signed a joint collective bargaining agreement with a single labor organization described in subparagraph (D)(i), the employer may request longshore workers from only one of such contract stevedoring companies, and “(ii) a request for longshore workers to an operator of a private dock may be made only for longshore work 107 STAT. 2429to be performed at that dock and only if the operator meets the requirements of section 32 of the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. 932); “(B) the employer will employ all those United States longshore workers made available in response to the request made pursuant to subparagraph (A) who are qualified and available in sufficient numbers and who are needed to perform the longshore activity at the particular time and location; “(C) the use of alien crewmembers for such activity is not intended or designed to influence an election of a bargaining representative for workers in the State of Alaska; and “(D) notice of the attestation has been provided by the employer to— “(i) labor organizations which have been recognized as exclusive bargaining representatives of United States longshore workers within the meaning of the National Labor Relations Act and which make available or intend to make available workers to the particular location where the longshore work is to be performed, “(ii) contract stevedoring companies which employ or intend to employ United States longshore workers at that location, and “(iii) operators of private docks at which the employer will use longshore workers. “(2) (A) An employer filing an attestation under paragraph (1) who seeks to use alien crewmen to perform longshore work shall be responsible while at the attestation is valid to make bona fide requests for United States longshore workers under paragraph (IxA) 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. “(B) If a party that has provided such notice subsequently notifies the employer in writing that it is prepared to make available United States longshore workers who are qualified and available in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the employer’s obligations to that party under subparagraphs (A) and (B) of paragraph (1) shall begin 60 days following the issuance of such notice. “(3) (A) In no case shall an employer filing an attestation be required— “(i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity; “(ii) to provide overnight accommodations for the longshore workers while employed; or “(iii) to provide transportation to the place of work, except where— “(I) surface transportation is available; “(II) such transportation may be safely accomplished; “(III) travel time to the vessel does not exceed one-half hour each way; and “(IV) travel distance to the vessel from the point of embarkation does not exceed 5 miles. 107 STAT. 2430 “(B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska, the travel times and travel distances specified in subclauses (III) and (IV) of subparagraph (A) shall be extended to 45 minutes and T½ miles, respectively, unless the party responding to the request for longshore workers agrees to the lesser time and distance limitations specified in those subclauses. “(4) Subject to subparagraphs (A) through (D) of subsection (c)(4), attestations filed under paragraph (1) of this subsection shall— “(A) expire at the end of the 1-year period beginning on the date the employer anticipates the longshore work to begin, as specified in the attestation filed with the Secretary of Labor, and “(B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding officer states in each list under section 251 that it continues to comply with the conditions in the attestation. “(5) (A) Except as otherwise provided by subparagraph (B), subsection (c)(3) and subparagraphs (A) through (E) of subsection (c)(4) shall apply to attestations filed under this subsection. “(B) The use of alien crewmen to perform longshore work in Alaska consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel shall be governed by the provisions of subsection (c). “(6) For purposes of this subsection— “(A) the term ‘contract stevedoring companies’ means those stevedoring companies licensed to do business in the State of Alaska that meet the requirements of section 32 of the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. 932); “(B) the term ‘employer‘ includes any agent or representative designated by the employer; and “(C) the terms ‘qualified’ and ‘available in sufficient numbers’ shall be defined by reference to industry standards in the State of Alaska, including safety considerations.”. (b) Conforming Amendments.— (1) Section 258(a) (8 U.S.C. 1288(a)) is amended by striking “subsection (c) or subsection (d)” and inserting “subsection (c), (d), or (e)”. (2) Section 258(c)(4)(A) (8 U.S.C. 1288(c)(4)(A)) is amended by inserting “or subsection (d)(1)” after “paragraph (1)” each of the two places it appears. (3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding at the end the following new paragraph: “(5) Except as provided in paragraph (5) of subsection (d), this subsection shall not apply to longshore work performed in the State of Alaska.”. (c) Implementation.— (1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out 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 shall remain valid until 60 days after the date of issuance of final regulations by the Secretary under this section.