(2) An attestation—
(A) expires at the end of the one-year period beginning on the date
it is filed under subsection (a) of this section; 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.
(3) An owner, agent, master, commanding officer, or consignee may pro-
vide a single list under section 2701 of this title to meet the requirements
of paragraph (2)(B) of this subsection for more than one alien crewmember.
(c) PUBLIC INFORMATION.— The Secretary shall compile and make avail-
able for public examination in a timely way in the District of Columbia—
(1) information identifying each owner, agent, master, commanding
officer, and consignee that has filed a list under section 2701 of this
title for an alien crewmember classified as a nonimmigrant under sec-
tion 2305(a) of this title for whom an attestation under subsection (a)
of this section or section 2725(b) of this title is filed; and
(2) for each employer a copy of—
(A) the attestation and accompanying documentation; and
(B) each list filed for the employer under section 2701 of this
title and described in clause (1) of this subsection.
(d) COMPLAINTS.—(1) Any aggrieved person, including a bargaining rep-
resentative, association the Secretary decides is appropriate, or other ag-
grieved person as provided under regulations of the Secretary, may file a
complaint—
(A) about an employer’s failure to meet conditions stated in an attes-
tation filed under subsection (a) of this section;
(B) about an employer’s misrepresentation of a material fact in the
attestation; or
(C) for longshore work described in subsection (a)(2) of this section,
that the particular activity of longshore work is not an activity de-
scribed in subsection (b)(1)(A) of this section.
(2) The Secretary shall establish a procedure for receiving, investigating,
and disposing of complaints filed under this subsection. The Secretary shall
conduct an investigation under this subsection promptly if there is reason-
able cause to believe the allegations of the complaint.
(3)(A) If the Secretary decides that reasonable cause exists to conduct
an investigation about a complaint filed under paragraph (1)(A) or (B) of
this subsection, the person making the complaint may request that the em-
ployer stop, during the hearing procedure under subsection (e) of this sec-
tion, the particular activity of longshore work attested to by the employer.
The employer shall be notified of the request and shall respond not later
than 14 days after receiving the notice.
(B) If the Secretary makes an initial decision that the complaint is sup-
ported by a preponderance of the evidence submitted, the Secretary imme-
diately shall require that the employer stop that activity until after the hear-
ing procedure under subsection (e) of this section.
(4)(A) If the Secretary decides that reasonable cause exists to conduct
an investigation about a complaint under paragraph (1)(C) of this sub-
section, the person making the complaint may request that the employer
stop, during the hearing procedure under subsection (e) of this section, the
particular activity of longshore work involved in the complaint unless the
employer files an attestation with the Secretary under subsection (a) of this
section. The employer shall be notified of the request and shall respond not
later than 14 days after receiving the notice.
(B) If the Secretary makes an initial decision that the complaint is sup-
ported by a preponderance of the evidence submitted, the Secretary imme-
diately shall require that the employer stop that activity until after the hear-
ing procedure under subsection (e) of this section, unless the employer files
an attestation under subsection (a) of this section.
(e) PROCEEDINGS.—Not later than 180 days after a complaint is filed
under subsection (d) of this section, or later for good cause shown, the Sec-
retary shall decide whether a basis exists to make a finding described in
subsection (f) of this section. The Secretary shall give interested persons no-
tice of that decision and an opportunity for a hearing on the complaint not
later than 60 days after making the decision.
(f) FINDINGS.—(1)(A) If, after notice and an opportunity for a hearing
under subsection (e) of this section, the Secretary finds that an employer
has failed to meet a condition, or has misrepresented a material fact, in an
attestation filed under subsection (a) of this section, the Secretary—
(i) shall notify the Attorney General of the finding; and
(ii) may impose other administrative remedies, including a civil pen-
alty under section 10118 of this title, the Secretary decides are appro-
priate.
(B) When the Attorney General receives notice under this paragraph, the
Attorney General shall deny any vessel owned or chartered by the employer
entry to a port of the United States for not more than one year.
(2) For longshore work described in subsection (a)(2) of this section, if
the Secretary finds, after notice and an opportunity for a hearing under
subsection (e) of this section and based on a preponderance of the evidence
submitted by any interested person, that the particular activity of longshore
work is not an activity described in subsection (b)(1)(A) of this section—
(A) the Secretary shall notify the Attorney General of the finding;
and
(B) the employer shall file an attestation under subsection (a) of this
section for that activity.
(3) When the Secretary finds that an alien crewmember is not allowed
to perform a particular activity of longshore work under the prevailing prac-
tice at a port, another attestation under subsection (a) of this section about
that activity in that port may not be filed for one year.
(g) LONGSHORE WORK
IN ALASKA.—Except as provided in section
2725(c) of this title, this section does not apply to longshore work per-
formed in Alaska.
§ 2724. Reciprocity
(a) DEFINITION.—In this section, ‘‘practice’’ means an activity normally
performed in a foreign country during the one-year period before a vessel
arrives in the United States or the coastal waters of the United States.
(b) GENERAL.—(1) An alien crewmember performing a particular activity
of longshore work in or about a port is serving in a capacity required for
normal operation and service on a vessel under section 2305(a) of this title,
and the Attorney General shall allow an alien crewmember on a vessel to per-
form a particular activity of longshore work, if—
(A) that vessel is registered in a foreign country that by law, regula-
tion, or practice does not prohibit that activity by crewmembers on
United States vessels; and
(B) nationals of a foreign country that, by law, regulation, or prac-
tice does not prohibit that activity by crewmembers on United States
vessels, hold a majority ownership interest in that vessel.
(2) The Secretary of State shall compile and annually maintain, under
section 553 of title 5, a list, by particular activity of longshore work, of for-
eign countries in which crewmembers on United States vessels are prohib-
ited by law, regulation, or practice from performing a particular activity of
longshore work.
§ 2725. Longshore work in Alaska
(a) DEFINITIONS.—In this section—
(1) ‘‘contract stevedoring companies’’ means those stevedoring com-
panies licensed to do business in Alaska that meet the requirements of
section 32 of the Longshore and Harbor Workers’ Compensation Act
(33 U.S.C. 932).
(2) ‘‘employer’’ includes any agent or representative designated by
the employer.
(b) GENERAL.—(1) An alien crewmember performing a particular activity
of longshore work at a particular location in Alaska is serving in a capacity
required for normal operation and service on a vessel under section 2305(a)
of this title if an employer of the alien crewmember files an attestation with
the Secretary of Labor at least 30 days before the date the activity will be
performed or at least 24 hours before the activity will be performed if the
employer shows that the employer reasonably could not have anticipated the
need to file an attestation for that location at that time.
(2) The attestation filed under paragraph (1) of this subsection shall pro-
vide evidence that—
(A) the employer will request from the parties to whom notice has
been given under clause (D)(ii) and (iii) of this paragraph United
States longshore workers who, under industry standards in Alaska, in-
cluding safety considerations, are qualified and available in sufficient
numbers to perform the activity at the particular time and location, ex-
cept that—
(i) when 2 or more contract stevedoring companies have signed
a joint collective bargaining agreement with a single labor organi-
zation described in clause (D)(i) of this paragraph, the employer
may request longshore workers from only one of those companies;
and
(ii) a request to a private dock operator for longshore workers
may be made only for longshore work to be performed at that dock
and only if the operator meets the requirements of section 32 of
the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.
932);
(B) the employer will employ all those United States longshore work-
ers made available under clause (A) of this paragraph who, under in-
dustry standards in Alaska, including safety considerations, are quali-
fied and available in sufficient numbers and who are needed to perform
the longshore activity at the particular time and location;
(C) using alien crewmembers for that activity is not intended or de-
signed to influence an election of a bargaining representative for work-
ers in Alaska; and
(D) the employer has given notice of the attestation—
(i) to labor organizations recognized as exclusive bargaining rep-
resentatives of United States longshore workers within the mean-
ing of the National Labor Relations Act (29 U.S.C. 151 et seq.)
and that make, or intend to make, workers available at the par-
ticular location where the longshore work is to be performed;