(ii) contract stevedoring companies which employ or intend to employ United States longshore workers at that location, and

(iii) operators of private docks at which the employer will use longshore workers. (2)(A) An employer filing an attestation under paragraph (1) who seeks to use alien crewmen to perform longshore work shall be responsible while at the attestation is valid to make bona fide requests for United States longshore workers under paragraph (1)(A) and to employ United States longshore workers, as provided in paragraph (1)(B), before using alien crewmen to perform the activity or activities specified in the attestation, except that an employer shall not be required to request longshore workers from a party if that party has notified the employer in writing that it does not intend to make available United States longshore workers to the location at which the longshore work is to be performed.

(B) If a party that has provided such notice subsequently notifies the employer in writing that it is prepared to make available United States longshore workers who are qualified and available in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the employer's obligations to that party under subparagraphs (A) and (B) of paragraph (1) shall begin 60 days following the issuance of such notice.

(3)(A) In no case shall an employer filing an attestation be required

(i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity;

(ii) to provide overnight accommodations for the longshore workers while employed; or (iii) to provide transportation to the place of work, except where

(I) surface transportation is available;

(II) such transportation may be safely accomplished;

(III) travel time to the vessel does not exceed one-half 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)(iii) shall be extended to 45 minutes and 71⁄2 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) of this section, 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,

'So in original. The word "at" probably should not appear.

agent, consignee, master, or commanding officer states in each list under section 1281 of this title that it continues to comply with the conditions in the attestation.

(5)(A) Except as otherwise provided by subparagraph (B), subsection (c)(3) of this section and subparagraphs (A) through (E) of subsection (c)(4) of this section 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) of this section.

(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 requirements of section 932 of title 33;

(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.

(e) Reciprocity exception

(1) In general

Subject to the determination of the Secretary of State pursuant to paragraph (2), the Attorney General shall permit an alien crewman to perform an activity constituting longshore work if—

(A) the vessel is registered in a country that by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels; and

(B) nationals of a country (or countries) which by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels hold a majority of the ownership interest in the vessel. (2) Establishment of list

The Secretary of State shall, in accordance with section 553 of title 5, compile and annually maintain a list, of longshore work by particular activity, of countries where performance of such a particular activity by crewmembers aboard United States vessels is prohibited by law, regulation, or in practice in the country. By not later than 90 days after November 29, 1990, the Secretary shall publish a notice of proposed rulemaking to establish such list. The Secretary shall first establish such list by not later than 180 days after November 29, 1990.

(3) "In practice” defined

For purposes of this subsection, the term "in practice" refers to an activity normally performed in such country during the oneyear period preceding the arrival of such vessel into the United States or coastal waters thereof.

(June 27, 1952, ch. 477, title II, ch. 6, § 258, as added Nov. 29, 1990, Pub. L. 101-649, title II,

§ 203(a)(1), 104 Stat. 5015; amended Dec. 12, 1991, Pub. L. 102-232, title III, § 303(a)(4), 105 Stat. 1747; Dec. 17, 1993, Pub. L. 103-198, § 8(a), (b), 107 Stat. 2313, 2315; Dec. 20, 1993, Pub. L. 103-206, title III, § 323(a), (b), 107 Stat. 2428, 2430; Oct. 25, 1994, Pub. L. 103-416, title II, § 219(f), (gg), 108 Stat. 4317, 4319.)

REFERENCES IN TEXT

Section 4106 of the Oil Pollution Act of 1990, referred to in subsec. (b)(2), is section 4106 of Pub. L. 101-380, title IV, Aug. 18, 1990, 104 Stat. 513, which amended section 1228 of Title 33, Navigation and Navigable Waters, and sections 6101 and 9101 of Title 46, Shipping.

The National Labor Relations Act, referred to in subsec. (d)(1)(D)(i), is act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.

CODIFICATION

In subsec. (b)(2), "section 5103(b), 5104, 5106, 5107, or 5110 of title 49" substituted for "section 105 or 106 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804, 1805)" on authority of Pub. L. 103-272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

AMENDMENTS

1994-Subsecs. (a), (c)(4)(A), (5). Pub. L. 103-416, § 219(gg), repealed Pub. L. 103-198, § 8(b), which had made amendments identical to those made by Pub. L. 103-206, § 323(b). See 1993 Amendment note below.

Subsec. (d). Pub. L. 103-416, § 219(gg), repealed Pub. L. 103-198, § 8(a), which had made an amendment substantially identical to that made by Pub. L. 103-206, § 323(a). See 1993 Amendment note below.

Subsec. (d)(3)(B). Pub. L. 103-416, § 219(f), substituted "subparagraph (A)(iii)" for "subparagraph (A)”.

Subsec. (e). Pub. L. 103-416, § 219(gg), repealed Pub. L. 103-198, § 8(a), which had made an amendment substantially identical to that made by Pub. L. 103-206, § 323(a). See 1993 Amendment note below.

1993-Subsec. (a). Pub. L. 103-206, § 323(b)(1), substituted "subsection (c), (d), or (e) of this section" for "subsection (c) of this section or subsection (d) of this section". Pub. L. 103-198, § 8(b)(1), which amended subsec. (a) identically, was repealed by Pub. L. 103-416, § 219(gg).

Subsec. (c)(4)(A). Pub. L. 103-206, § 323(b)(2), inserted "or subsection (d)(1) of this section" after “paragraph (1)" in two places. Pub. L. 103-198, § 8(b)(2), which amended subpar. (A) identically, was repealed by Pub. L. 103-416, § 219(gg).

Subsec. (c)(5). Pub. L. 103-206, § 323(b)(3), added par. (5). Pub. L. 103-198, § 8(b)(3), which amended subsec. (c) identically, was repealed by Pub. L. 103-416, § 219(gg).

Subsecs. (d), (e). Pub. L. 103-206, § 323(a), added subsec. (d) and redesignated former subsec. (d) as (e). Pub. L. 103-198, § 8(a), which made substantially identical amendments to this section, was repealed by Pub. L. 103-416, § 219(gg).

1991-Subsec. (c)(2)(B). Pub. L. 102-232 substituted "each list" for "each such list".

EFFECTIVE Date of 1994 AmendmenT Amendment by Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990,

Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title.

EFFECTIVE DATE

Section applicable to services performed on or after 180 days after Nov. 29, 1990, see section 203(d) of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.

REGULATIONS

Section 323(c) of Pub. L. 103-206 provided that: "(1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this section [amending this section].

"(2) Attestations filed pursuant to section 258(c) (8 U.S.C. 1288(c)) with the Secretary of Labor before the date of enactment of this Act [Dec. 20, 1993] shall remain valid until 60 days after the date of issuance of final regulations by the Secretary under this section." Similar provisions were contained in Pub. L. 103-198, § 8(c), Dec. 17, 1993, 107 Stat. 2315, prior to repeal by Pub. L. 103-416, title II, § 219(gg), Oct. 25, 1994, 108 Stat. 4319.

INAPPLICABILITY OF AMENDMENT BY PUB. L. 101-649

Section 203(a)(2) of Pub. L. 101-649 provided that: "This section [enacting this section, amending section 1101 of this title, and enacting provisions set out as a note under section 1101 of this title] does not affect the performance of longshore work in the United States by citizens or nationals of the United States."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1101, 1281 of this title.

PART VII-REGISTRATION OF ALIENS

§ 1301. Alien seeking entry; contents

No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with section 1201(b) of this title.

(June 27, 1952, ch. 477, title II, ch. 7, § 261, 66 Stat. 223; Nov. 14, 1986, Pub. L. 99-653, § 8, 100 Stat. 3657; Oct. 24, 1988, Pub. L. 100-525, § 8(g), 102 Stat. 2617.)

AMENDMENTS

1988-Pub. L. 100-525 made technical correction to Pub. L. 99-653. See 1986 Amendment note below.

1986-Pub. L. 99-653, as amended by Pub. L. 100-525, amended section generally, striking out "and fingerprinted" after "has been registered" and substituting "section 1201(b) of this title" for "section 1201(b) of this title, unless such alien has been exempted from being fingerprinted as provided in that section".

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

EFFECTIVE Date of 1986 AMENDMENT Amendment by Pub. L. 99-653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99-653, set out as a note under section 1201 of this title.

CROSS REFERENCES

Definition of alien, entry, and United States, see section 1101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1303, 1304 of this title.

§ 1302. Registration of aliens

(a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days.

(b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.

(c) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b) of this section in the case of any nonimmigrant.

(June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224; Nov. 14, 1986, Pub. L. 99-653, § 9, 100 Stat. 3657; Oct. 24, 1988, Pub. L. 100-525, § 8(h), 102 Stat. 2617; Oct. 25, 1994, Pub. L. 103-416, title II, § 219(n), 108 Stat. 4317.)

REFERENCES IN TEXT

The Alien Registration Act, 1940, referred to in subsecs. (a) and (b), is act June 28, 1940, ch. 439, 54 Stat. 670, as amended. Sections 30 and 31 of that act were classified to sections 451 and 452 of this title and were repealed by section 403(a)(39) of act June 27, 1952.

AMENDMENTS

1994-Subsec. (c). Pub. L. 103-416 substituted "subsections (a) and (b)” for “subsection (a) and (b)”. 1988-Pub. L. 100-525 amended Pub. L. 99-653. See 1986 Amendment note below.

1986-Pub. L. 99-653, § 9, as amended by Pub. L. 100-525, added subsec. (c). As originally enacted, Pub. L. 99-653, § 9, amended subsec. (a) of this section by striking out "section 1201(b) of this title or" after "registered and fingerprinted under". Pub. L. 100-525 revised Pub. L. 99-653, § 9, so as to add subsec. (c) and eliminate the original amendment of subsec. (a), thereby restoring the words "section 1201(b) of this title or". See Effective Date of 1988 Amendment note below.

EFFECTIVE DATE oF 1994 AMENDMENT Amendment by Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this title.

EFFECTIVE Date of 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effec

tive and Termination Dates of 1988 Amendments note under section 1101 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99-653, set out as a note under section 1201 of this title.

EFFECTIVE DATE

Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.

WAIVER OF FINGERPRINTING REQUIREMENTS FOR
NONIMMIGRANT ALIENS

Authority of the Secretary of State and the Attorney General to waive the requirement of fingerprinting specified in this section, in the case of any nonimmigrant alien, see section 1201a of this title.

CROSS REFERENCES

Definition of alien, parent, and United States, see section 1101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1303, 1304 of this title.

§ 1303. Registration of special groups

(a) Notwithstanding the provisions of sections 1301 and 1302 of this title, the Attorney General is authorized to prescribe special regulations and forms for the registration and fingerprinting of (1) alien crewmen, (2) holders of bordercrossing identification cards, (3) aliens confined in institutions within the United States, (4) aliens under order of deportation, and (5) aliens of any other class not lawfully admitted to the United States for permanent residence.

(b) The provisions of section 1302 of this title and of this section shall not be applicable to any alien who is in the United States as a nonimmigrant under section 1101(a)(15)(A) or (a)(15)(G) of this title until the alien ceases to be entitled to such a nonimmigrant status. (June 27, 1952, ch. 477, title II, ch. 7, § 263, 66 Stat. 224.)

CROSS REFERENCES

Definition of alien, Attorney General, border crossing identification card, crewmen, lawfully admitted for permanent residence, and nonimmigrant alien, see section 1101 of this title.

§ 1304. Forms for registration and fingerprinting

(a) Preparation; contents

any, of such alien; and (5) such additional matters as may be prescribed.

(b) Confidential nature

All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to section 1357(f)(2) of this title, and (2) to such persons or agencies as may be designated by the Attorney General.

(c) Information under oath

Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this subchapter shall be authorized to administer oaths for such purpose.

(d) Certificate of alien registration or alien receipt card

Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General.

(e) Personal possession of registration or receipt card; penalties

Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both. (June 27, 1952, ch. 477, title II, ch. 7, § 264, 66 Stat. 224; Nov. 14, 1986, Pub. L. 99-653, § 10, 100 Stat. 3657; Oct. 24, 1988, Pub. L. 100-525, § 8(i), 102 Stat. 2617; Nov. 29, 1990, Pub. L. 101-649, title V, § 503(b)(2), 104 Stat. 5049.)

REFERENCES IN TEXT

The Alien Registration Act, 1940, referred to in subsec. (d), is act June 28, 1940, ch. 439, 54 Stat. 670, as amended. Title III of that act, which related to register and fingerprinting of aliens, was classified to sections 451 to 460 of this title, was repealed by section 403(a)(39) of act June 27, 1952.

AMENDMENTS

1990-Subsec. (b). Pub. L. 101-649 inserted "(1) pursuant to section 1357(f)(2) of this title, and (2)" after "only".

1988-Subsec. (a). Pub. L. 100-525 amended Pub. L. 99-653. See 1986 Amendment note below.

1986-Subsec. (a). Pub. L. 99-653, as amended by Pub. L. 100-525, amended first sentence generally, striking out "and fingerprinting" before "of aliens under section 1301".

EFFECTIVE Date of 1988 AMENDMENT

Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see sec

tion 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99-653, set out as a note under section 1201 of this title.

CROSS REFERENCES

Definition of alien, Attorney General, entry, and United States, see section 1101 of this title.

§ 1305. Notices of change of address (a) Notification of change

Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.

(b) Current address of natives of any one or more foreign states

The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require.

(c) Notice to parent or legal guardian

In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian.

(June 27, 1952, ch. 477, title II, ch. 7, § 265, 66 Stat. 225; Dec. 29, 1981, Pub. L. 97-116, § 11, 95 Stat. 1617; Oct. 24, 1988, Pub. L. 100-525, § 9(o), 102 Stat. 2620.)

AMENDMENTS

1988-Pub. L. 100-525 inserted "Notices of change of address" as section catchline.

1981-Pub. L. 97-116 amended section generally and in adding subsection designations struck out the annual registration requirement for permanent resident aliens and the registration requirement for those aliens in a lawful temporary residence who were to notify the Attorney General in writing of an address every three months while residing in the United States and inserted provision authorizing the Attorney General, in his discretion and upon ten days notice, to require the natives of any one or more foreign states who are in the United States and required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as required.

EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title.

CROSS REFERENCES

Definition of alien, Attorney General, parent, residence, and United States, see section 1101 of this title.