Page:United States Statutes at Large Volume 104 Part 6.djvu/626

This page needs to be proofread.


104 STAT. 5016 PUBLIC LAW 101-649—NOV. 29, 1990 if necessary due to an unanticipated emergency, but not later ^ than the date of performance of the activity) an attestation setting forth facts and evidence to show that— "(i) the performance of the activity by alien crewmen is permitted under the prevailing practice of the particular port as of the date of filing of the attestation and that the use of alien crewmen for such activity— "(I) is not during a strike or lockout in the course of a labor dispute, and "(11) is not intended or designed to influence an election of a bargaining representative for workers in the local port; and "(ii) notice of the attestation has been provided by the owner, agent, consignee, master, or commanding officer to the bargaining representative of longshore workers in the local port, or, where there is no such bargaining representative, notice of the attestation has been provided to longshore workers employed at the local port. In applying subparagraph (B) in the case of a particular activity of longshore work consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel, the attestation shall be required to be filed only if the Secretary of Labor finds, based on a preponderance of the evidence which may be submitted by any interested party, that the performance of such particular activity is not described in clause (i) of such subparagraph. "(2) Subject to paragraph (4), an attestation under paragraph (1) shall— "(A) expire at the end of the 1-year period beginning on the date of its filing 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 such list under section 251 that it continues to comply with the conditions in the attestation. "(3) An owner, agent, consignee, master, or commanding officer may meet the requirements under this subsection with respect to more than one alien crewman in a single list. Public "(4)(A) The Secretary of Labor shall compile and make available ms°rkf*of" ^° public examination in a timely manner in Washington, D.C., a Columbia. list identifying owners, agents, consignees, masters, or commanding officers which have filed lists for nonimmigrants described in section 101(a)(15XDXi) with respect to whom an attestation under paragraph (1) is made and, for each such entity, a copy of the entity's attestation under paragraph (1) (and accompanying documentation) and each such list filed by the entity. Investigations. "(B)(i) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an entity's failure to meet conditions attested to, an entity's misrepresentation of a material fact in an attestation, or, in the case described in the last sentence of paragraph (1), whether the performance of the particular activity is or is not described in paragraph (l)(B)(i). "(ii) Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary).