Page:United States Statutes at Large Volume 107 Part 3.djvu/377

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PUBLIC LAW 103-198—DEC. 17, 1993 107 STAT. 2315 (III) travel time to the vessel does not exceed onehalf 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), subsection (c)(3) ana 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 conveyor 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 reqmrements 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 representative designated by the employer; and "(C) the terms 'qualified' and 'available in sufficient numbers' shall be defined by reference to industry standards in the State of Alaska, including safety considerations.". (b) CONFORMING ANDSNDMENTS.- (1) Section 258(£i) (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)(D" 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 follow:lng new paragraph: "(5) Except as pro^'ided 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- Regulations. scribe such regulations as may be necessary to carry out this 8 USC 1288 note. section.