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(5) Except as provided in section 2723(c)–(e) of this title, an attestation
filed under paragraph (1) of this subsection—
(A) expires at the end of the one-year period beginning on the date
specified in the attestation that the employer anticipates the longshore
work will begin; and
(B) applies to alien crewmembers arriving in the United States dur-
ing that period if the owner, agent, master, commanding officer, or
consignee states in each list provided under section 2701 of this title
that the employer continues to comply with the conditions in the attes-
tation.
(c) APPLICATION OF SECTION 2723.—(1) Except as provided in para-
graph (2) of this subsection, section 2723(b)(3)–(f)(2) of this title applies
to an attestation filed under subsection (b)(1) of this section.
(2) Section 2723 of this title applies to the use of alien crewmembers to
perform longshore work in Alaska involving the use of an automated self-
loading conveyor belt or vacuum-actuated system on a vessel.
(d) REGULATIONS.—The Secretary shall prescribe regulations necessary
to carry out this section.
CHAPTER 29—FACILITIES EMPLOYING REGISTERED
NURSES
2901.
Definition.
2902.
Attestation requirements.
2903.
State plans.
2904.
Public availability of information.
2905.
Complaints, investigations, and penalties.
§ 2901. Definition
In this chapter, ‘‘facility’’ includes an employer that employs registered
nurses in a home setting.
§ 2902. Attestation requirements
(a) GENERAL.—Except as provided in subsection (b) of this section, a fa-
cility seeking to employ a nonimmigrant registered nurse under section
2325 of this title must file with the Secretary of Labor an attestation stat-
ing the following:
(1) A substantial disruption in the delivery of health care services
of the facility would occur through no fault of the facility without the
services of a nonimmigrant registered nurse.
(2) Employment of a nonimmigrant registered nurse will not ad-
versely affect the wages and working conditions of other registered
nurses similarly employed.
(3) A nonimmigrant registered nurse employed by the facility will be
paid at the wage rate paid for other registered nurses similarly em-
ployed by the facility.
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(4) The facility—
(A) has taken and is taking timely and significant steps to re-
cruit and retain sufficient registered nurses who are citizens of the
United States or immigrants authorized to perform nursing serv-
ices, to remove as quickly as reasonably possible the dependence
of the facility on nonimmigrant registered nurses; or
(B) is subject to a State plan for the recruitment and retention
of nurses approved under section 2903 of this title.
(5) There is no strike or lockout in the course of a labor dispute,
and the employment of nonimmigrant registered nurses is not intended
or designed to influence an election for a bargaining representative for
registered nurses of the facility.
(6) At the time of filing the petition under section 2325(c) of this
title, the facility has given notice of the filing to the bargaining rep-
resentative of the registered nurses employed by the facility or, if there
is no bargaining representative, to the registered nurses employed by
the facility by posting the notice in conspicuous locations.
(b) WAIVERS.—For a nonimmigrant registered nurse performing services
at a worksite (except at the employer’s worksite or at a worksite controlled
by the employer) and for whom the employer has filed an attestation under
subsection (a) of this section, the Secretary may waive the requirement to
file an attestation for the worksite as may be appropriate—
(1) to avoid duplicative attestations;
(2) in temporary, emergency situations;
(3) for information the attestor does not know; or
(4) for other good cause.
(c) FAULT IF FACILITY HAS LAID OFF NURSES.—A facility does not
meet subsection (a)(1) of this section if the facility has laid off registered
nurses within the prior year. However, a facility that lays off a registered
nurse (except a staff nurse) meets subsection (a)(1) if the facility has at-
tested that it will not replace the nurse with a nonimmigrant registered
nurse described in section 2325(b) of this section (either through promotion
or otherwise) for one year after the date of the layoff.
(d) SIGNIFICANT STEPS TO RECRUIT AND RETAIN NURSES.—(1) Each
of the following is a significant step reasonably designed to recruit and re-
tain registered nurses meeting the requirement of subsection (a)(4)(A) of
this section:
(A) operating a training program for registered nurses at the facility
or financing (or providing participation in) a training program for reg-
istered nurses elsewhere.
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(B) providing career development programs and other methods of fa-
cilitating health care workers to become registered nurses.
(C) paying registered nurses at a rate higher than that currently
being paid to registered nurses similarly employed in the geographic
area.
(D) providing adequate support services to free registered nurses
from administrative and other non-nursing duties.
(E) providing reasonable opportunities for meaningful salary ad-
vancement by registered nurses.
(2) Paragraph (1) of this subsection is not an exclusive list of the steps
that may be taken to meet the requirement of subsection (a)(4)(A) of this
section. A facility is not required to take more than one step if the facility
can demonstrate that taking an additional step is not reasonable.
(e) EFFECTIVENESS OF ATTESTATION.—(1) Subject to section 2905 of
this title, an attestation under subsection (a) of this section—
(A) expires at the end of the one-year period beginning on the date
the attestation is filed with the Secretary; and
(B) applies to petitions filed during that one-year period if the facil-
ity states in each petition filed under section 2325(c) of this title that
it continues to comply with the conditions in the attestation.
(2) A facility may file a single petition to meet the requirements of this
section for more than one registered nurse.
§ 2903. State plans
The Secretary of Labor shall provide for a procedure under which a State
may submit to the Secretary of Labor a plan for the recruitment and reten-
tion of citizens of the United States and immigrants authorized to perform
nursing services as registered nurses in facilities in the State. A plan may
include counseling and educating health workers and other individuals about
employment opportunities available to registered nurses. Annually in con-
sultation with the Secretary of Health and Human Services, the Secretary
of Labor shall provide for approving or disapproving the State plan as pro-
vided in section 2902(a)(4)(B) of this title. A plan may be approved in re-
gard to a facility only if the plan provides for taking significant steps de-
scribed in section 2902(a)(4)(A) of this title to recruit and retain registered
nurses at that facility.
§ 2904. Public availability of information
The Secretary of Labor shall compile and make available for public exam-
ination in a timely manner in the District of Columbia—
(1) a list of facilities that have filed petitions to employ non-
immigrant registered nurses described in section 2325 of this title; and