H. R. 2840—12
‘‘(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.
‘‘(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 7.5 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), sub-
section (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 con-
veyor 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 representa-
tive designated by the employer; and
‘‘(C) the terms ‘qualified’ and ‘available in sufficient num-
bers’ 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 pre-
scribe such regulations as may be necessary to carry out this
section.
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H. R. 2840—13
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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