(d) RETURNING AN INCURABLE CREWMEMBER.—When the immigration
officer in charge of the port is satisfied that a crewmember hospitalized
under subsection (b) of this section cannot be cured within a reasonable
time, the owner of the vessel or aircraft on which the crewmember arrived
shall return the crewmember or pay the costs of returning the crewmember
under conditions the Attorney General prescribes to ensure that the crew-
member is cared for properly and the spread of contagious disease is pre-
vented.
§ 2706. Discharging alien crewmembers
A person may pay off or discharge an alien crewmember (except a crew-
member lawfully admitted for permanent residence) employed on a vessel or
aircraft arriving in the United States only with the consent of the Attorney
General.
SUBCHAPTER II—LONGSHORE WORK
§ 2721. Definition and application
(a) DEFINITION.—In this subchapter, ‘‘longshore work’’—
(1) means an activity in the United States or the coastal waters of
the United States related to—
(A) loading or unloading cargo of a vessel, whether or not inte-
gral to the vessel;
(B) operating cargo-related equipment; and
(C) handling mooring lines on the dock when the vessel is made
fast or let go; but
(2) does not include loading or unloading cargo for which the Sec-
retary of Transportation has prescribed regulations under section 311
of the Federal Water Pollution Control Act (33 U.S.C. 1321), chapter
37 of title 46, section 5103(b), 5104, 5106, 5107, or 5110 of title 49,
or section 4106 of the Oil Pollution Act of 1990 (Public Law 101–380,
104 Stat. 513) on—
(A) handling or stowing that cargo;
(B) manning, and the duties, qualifications, and training of the
officers and crewmembers of, vessels transporting that cargo; and
(C) reducing or eliminating discharge during ballasting, tank
cleaning, or handling of that cargo.
(b) APPLICATION.—This subchapter and section 10118 of this title do not
affect—
(1) the meaning or scope of longshore work under another provision
of law, a collective bargaining agreement, or an international agree-
ment; or
(2) the performance of longshore work by nationals of the United
States.
§ 2722. General
An alien crewmember may perform longshore work only as provided in
section 2723, 2724, or 2725 of this title.
§ 2723. Prevailing practice
(a) GENERAL.—(1) An alien crewmember performing a particular activity
of longshore work in or around a port is serving in a capacity required for
normal operation and service on a vessel under section 2305(a) of this title
if—
(A) each collective bargaining agreement for that port covering at
least 30 percent of the employees performing longshore work allows
that activity to be performed by alien crewmembers; or
(B)(i) there is no collective bargaining agreement for the port cover-
ing at least 30 percent of the employees performing longshore work;
and
(ii) except as provided in paragraph (2) of this subsection, an em-
ployer of the alien crewmember or the employer’s designated represent-
ative files an attestation described in subsection (b)(1) of this section
with the Secretary of Labor at least 14 days before the date the activ-
ity will be performed or, if necessary because of an unanticipated emer-
gency, not later than the date the activity will be performed.
(2) An employer must file an attestation under paragraph (1)(B)(ii) of
this subsection for a particular activity of longshore work involving the use
of an automated self-loading conveyor belt or vacuum-actuated system on
a vessel only if the Secretary finds under subsection (f)(2) of this section
that the activity is not an activity described in subsection (b)(1)(A) of this
section.
(b) ATTESTATION REQUIREMENTS.—(1) The attestation filed with the
Secretary under subsection (a) of this section shall provide evidence that—
(A) the performance of the particular activity of longshore work by
an alien crewmember is allowed under the prevailing practice at the
port at the time of the filing and that the alien crewmember is not
being employed for that activity—
(i) during a strike or lockout in a labor dispute; or
(ii) to influence an election of a bargaining representative for
employees in the port; and
(B) the owner, agent, master, commanding officer, or consignee has
given notice of the attestation—
(i) to the bargaining representative of longshore workers at the
port; or
(ii) if there is no bargaining representative, to the longshore
workers employed at the port.