,,ii  #aaeth ,,congress  #ast ,session  
,s4 #bjga  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #b1  
#bjag,ms4 ,hirono 7for herself and ,mr4 
,schatz7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to authorize the temporary entry into
 the ,united ,states of alien crewmen   
employed on longline fishing vessels    
originating in ,hawaii1 to ensure that  
such aliens receive reasonable wages and
 working conditions1 and to provide for 
appropriate enforcement and oversight of
 fishing companies employing such       
aliens4  #a4 ,short title ,this ,act may
 be cited as the ,sustainable ,fishing  
,workforce ,protection ,act4  #b4       
,definitions ,in this ,act3 7#a7        
,association of employers ,the term     
association of employers means any      
nonprofit or membership association of  
owners1 charterers1 or managing         
operators of a longline fishing vessel1 
or the legal representative of any such 

individual or entity1 that has its home 
port or an operating base in the ,state 
of ,hawaii4  7#b7 ,d-#c nonimmigrant    
,the term ,d-#c nonimmigrant means a    
nonimmigrant described in section       
#aja7;a77#ae77;,d77iii7 of the          
,immigration and ,nationality ,act1 as  
added by section #c7;a77#b74  7#c7      
,employer ,the term employer means the  
owner1 charterer1 or managing operator  
of a longline fishing vessel1 or the    
legal representative of any such        
individual or entity1 that has its home 
port or an operating base in the ,state 
of ,hawaii4  7#d7 ,longline fishing     
vessel ,the term longline fishing vessel
 means a vessel which-- 7,a7 is         
operating in accordance with section    
#hajc7;b77#b77;,b7 of title #df1 ,united
 ,states ,code2  7,b7 has its home port 
or an operating base in the ,state of   
,hawaii2 and  7,c7 uses pelagic longline
 7as defined in section #fjj4aj of title
 #ej1 ,code of ,federal ,regulations7 in
 its fishing operations4  #c4           

,nonimmigrant visa for alien crewmen on 
fishing vessels operating out of ,hawaii
  7a7 ,in general ,section              
#aja7;a77#ae77;,d7 of the ,immigration  
and ,nationality ,act 7#h ,u4,s4,c4     
#aaja7;a77#ae77;,d77 is amended--  7#a7 
in clause 7ii71 by adding and at the    
end2 and  7#b7 by adding at the end the 
following3  7iii7 an alien crewman      
serving in good faith as such in any    
capacity required for normal operations 
and service aboard a longline fishing   
vessel having its home port or an       
operating base in ,hawaii who intends to
 land temporarily in ,hawaii solely in  
pursuit of work as a crewman and to     
depart from ,hawaii with the vessel on  
which the crewman arrived or some other 
vessel or aircraft2  4  7b7 ,treatment  
of departures ,in the administration of 
section #aja7;a77#ae77;,d7 of the       
,immigration and ,nationality ,act1 as  
added by subsection 7a71 an alien       
crewman shall be considered to have     
departed from ,hawaii1 ,guam1 or the    

,commonwealth of the ,northern ,mariana 
,islands after leaving the territorial  
waters thereof1 without regard to       
whether the alien arrives in a foreign  
state before returning to ,hawaii1      
,guam1 or the ,commonwealth of the      
,northern ,mariana ,islands4  7c7       
,duration ,a visa issued to an alien    
crewman under section                   
#aja7;a77#ae77;,d77iii7 of the          
,immigration and ,nationality ,act--    
7#a7 shall remain in effect during the  
#c-year period beginning on the date on 
which the visa is issued by the         
,secretary of ,state2 and  7#b7 may be  
renewed for successive #c-year periods  
under the same terms and conditions     
applicable to the issuance of a new visa
 to a nonimmigrant under such section4  
7d7 ,effect of termination of employment
 on visa status  7#a7 ,in general       
,except as provided under paragraph     
7#b71 a ,d-#c nonimmigrant whose        
employment is lawfully terminated by his
 or her employer1 or by an association  

of employers1 before the end of the     
period described in subsection 7c7 shall
 depart the ,united ,states not later   
than #aj days after the effective date  
of such termination4 ,the employer or   
association of employers1 as applicable1
 shall pay for the cost of              
transportation and subsistence necessary
 to return the alien to his or her      
country of origin4  7#b7 ,change in     
employment ,an employer or association  
of employers may employ a ,d-#c         
nonimmigrant described in paragraph 7#a7
 or a ,d-#c nonimmigrant who amicably   
terminates employment with another      
employer if the employer or             
association--  7,a7 enters into a       
written agreement with the ,d-#c        
nonimmigrant that complies with the     
requirements under section #d2 and  7,b7
 submits a copy of such agreement to the
 ,secretary of ,homeland ,security1 the 
,secretary of ,labor1 and such ,state   
and local entities as may be required   
for compliance with ,state and local    

licensing and oversight of the employer4
  #d4 ,petition requirements and        
employer responsibilities  7a7 ,petition
  7#a7 ,in general ,an employer or      
association of employers may not employ 
an alien crewman on a longline fishing  
vessel unless--  7,a7 the employer or   
association has filed a petition with   
the ,secretary of ,state to employ the  
alien as a ,d-#c nonimmigrant on a      
longline fishing vessel2 and  7,b7 the  
,secretary of ,state has approved the   
petition4  7#b7 ,form2 contents ,the    
petition required under paragraph 7#a7  
shall be in such form as determined by  
the ,secretary of ,state1 in            
consultation with the ,secretary of     
,homeland ,security1 and shall include--
  7,a7 the name1 contact information1   
and mailing address of the place of     
business of-- 7i7 the employer2 or  7ii7
 if the petition is submitted by an     
association of employers1 the employers 
that are members of the association2    
7,b7 an attestation that workers who    

will be issued visas under section      
#aja7;a77#ae77;,d77iii7 of the          
,immigration and ,nationality ,act1 as  
added by section #c7;a71 are being      
employed in accordance with section     
#hajc7;b77#b77;,b7 of title #df1 ,united
 ,states ,code2  7,c7 the number of     
visas sought by the employer or         
association of employers2  7,d7 the     
name1 place of business1 and description
 of services provided by any foreign    
third party engaged by the employer or  
association of employers2 and  7,e7 such
 other information as the ,secretary of 
,state deems necessary4  7#c7 ,visa     
issuance ,upon receipt of a completed   
petition from an employer pursuant to   
paragraph 7#a71 the ,secretary of ,state
 is authorized to issue the requested   
number of ,d-#c nonimmigrant visas to   
aliens to meet the employer's need4     
7#d7 ,role of associations of employers 
7,a7 ,filing by associations of         
employers ,a petition to employ an alien
 or aliens as ,d-#c nonimmigrants under 

this subsection may be filed by an      
association of employers4  7,b7         
,treatment of associations acting as    
employers ,if an association is a joint 
or sole employer of ,d-#c nonimmigrants1
 the visas issued pursuant to an        
approved petition submitted by the      
association under this subsection may be
 used for the certified job             
opportunities of any of its members and 
such workers may be transferred among   
its members4  7#e7 ,transitional visas  
7,a7 ,in general ,employers or          
associations of employers shall petition
 the ,secretary of ,state for temporary 
nonimmigrant visas for all alien        
crewmembers employed by the employer or 
association as of the date of the       
enactment of this ,act4 ,the ,secretary 
of ,state shall issue such temporary    
visas to such alien crewmembers in      
accordance with this paragraph4  7,b7   
,national security reviews  7i7 ,in     
general ,the ,secretary shall ensure    
that the presence of alien crewmembers  

for whom ,d-#c nonimmigrant visas are   
sought under this subsection does not   
pose a national security threat4  7ii7  
,evaluations ,in evaluating the         
potential national security threat of   
alien crewmembers under this            
subparagraph1 the ,secretary may--  7,i7
 conduct individual or group interviews 
of alien crewmembers in ,hawaii2 and    
7,,ii7 take any other action the        
,secretary determines necessary to      
determine whether alien crewmembers pose
 a national security threat4  7iii7     
,action ,if the ,secretary determines   
that an alien crewmember poses a        
national security threat1 the ,secretary
 shall take appropriate action in       
accordance with ,federal law4  7iv7     
,expeditious reviews ,the ,secretary    
shall conduct interviews and related    
evaluations under this subparagraph as  
expeditiously as possible to minimize   
the disruption to the commercial fishing
 workforce4  7,c7 ,period of validity   
,visas issued under subparagraph 7,a7   

shall be valid for the longer of-- 7i7  
#a year2 or  7ii7 the period beginning  
on the date of issuance and ending #ij  
days after the date on which the        
,secretary of ,state issues regulations 
or other written guidance relating to   
the issuance of visas to ,d-#c          
immigrants in accordance with section   
#aja7;a77#ae77;,d77iii7 of the          
,immigration and ,nationality ,act1 as  
added by section #c7;a74  7,d7 ,petition
 ,not later than #ij days after the     
issuance of the regulations or other    
written guidance described in           
subparagraph 7,c77ii7 or within an      
alternate timeframe determined by the   
,secretary of ,state1 employers and     
associations of employers shall petition
 for ,d-#c nonimmigrant visas for all of
 their alien crewmembers1 including     
those who were issued temporary visas   
under subparagraph 7,a74 ,employers or  
associations of employers may not seek  
compensation or reimbursement from ,d-#c
 nonimmigrants for costs associated with

 applications for transitional visas or 
,d-#c nonimmigrant visas4  7b7 ,labor   
agreements  7#a7 ,components ,after the 
approval of a petition and the issuance 
of ,d-#c nonimmigrant visas1 but before 
proceeding on a voyage of a longline    
fishing vessel1 an employer or          
association of employers shall enter    
into a written agreement directly with  
each ,d-#c nonimmigrant1 in accordance  
with section #ajfja of title #df1       
,united ,states ,code1 that describes-- 
7,a7 the responsibilities of1 and costs 
to be covered by1 the employer or       
association of employers during the     
contract period2  7,b7 the job duties to
 be performed and the expected work     
during the contract period2  7,c7 the   
terms of the wage1 share1 or other      
compensation the employer or association
 of employers will provide to the       
employee during the contract period2    
7,d7 the responsibility of the employer 
or association of employers-- 7i7 to pay
 for or reimburse the employee in his or

 her first workweek for all visa1 visa  
processing1 border crossing1 and other  
related fees 7including those mandated  
by the ,government7 incurred by the     
employee1 other than passport expenses  
or other charges primarily for the      
benefit of the employee2  7ii7 to pay   
all recruitment costs2 and  7iii7 to    
provide1 or reimburse the employee for  
the costs of1 transportation and        
subsistence to and from the ,united     
,states2  7,e7 the terms of payment and 
provision or reimbursement for          
transportation and subsistence costs    
from the ,united ,states if the worker  
is dismissed or otherwise fails to      
complete contract term2  7,f7 the       
crewmember's rights 7with respect to    
occupational safety and health          
protections7-- 7i7 to freely report any 
labor1 safety1 or health abuses without 
fear of retaliation2  7ii7 to have      
access to remediation1 as needed2  7iii7
 to free and timely access to their     
passports or other identity documents2  

and  7iv7 to adequate living conditions 
aboard the vessel1 including access to  
food1 water1 medical care1 and other    
necessary provisions2  7,g7 a summary of
 the remedies for violations of the     
terms of the labor agreement available  
to the employee in accordance with      
paragraph 7#b72 and  7,h7 other agreed  
terms and conditions of employment4     
7#b7 ,enforcement of agreements         
,employers or associations of employers 
and ,d-#c nonimmigrants have the right  
to avail themselves of appropriate legal
 recourse in the ,united ,states1       
including voluntary arbitration1 in the 
event of disputes arising due to        
nonperformance of any provision of an   
agreement4  7#c7 ,language barriers and 
recordkeeping  7,a7 ,in general         
,employers or associations of employers 
shall secure such language services as  
may be necessary to ensure that ,d-#c   
nonimmigrants understand the terms of   
the labor agreement described in        
paragraph 7#a7 that is presented to them

 before embarking on their first voyage 
on a longline fishing vessel and may not
 seek compensation or reimbursement from
 ,d-#c nonimmigrants for the provision  
of such services4  7,b7 ,record         
retention requirements ,a signed copy of
 each labor agreement shall be kept on  
file by the employer in ,english and in 
the language of the ,d-#c nonimmigrant4 
,copies of signed labor agreements shall
 be submitted to the ,secretary of      
,homeland ,security1 the ,secretary of  
,labor1 and such ,state and local       
entities as may be required for         
compliance with ,state and local        
licensing and oversight of the employer 
or association of employers4  7#d7      
,recruitment costs and oversight  7,a7  
,employee reimbursement ,employers or   
associations of employers shall pay or  
reimburse each ,d-#c nonimmigrant1 in   
his or her first workweek1 for all visa1
 visa processing1 border crossing1 and  
other related fees 7including those     
mandated by the ,government7 incurred by

 the ,d-#c nonimmigrant1 but are not    
required to reimburse ,d-#c             
nonimmigrants for passport expenses or  
other charges primarily for the benefit 
of the ,d-#c nonimmigrants4  7,b7 ,other
 costs and oversight ,employers or      
associations of employers may engage    
agents or firms in the ,united ,states  
or elsewhere to recruit ,d-#c           
nonimmigrants only if the employer or   
association--  7i7 solely assumes all   
costs associated with such recruitment  
services1 including--  7,i7 fees for the
 employers' attorneys and agents2       
7,,ii7 placement and referral fees2 and 
7,,iii7 other fees required to be paid  
directly to the third party providing   
recruitment services2 and  7ii7         
discloses the agents or firms used for  
such recruitment to the ,secretary of   
,state4  7,c7 ,report on third-party    
recruitment practices  7i7 ,review ,the 
,secretary of ,labor shall review and   
evaluate the laws and business practices
 governing third-party recruitment of   

workers in ,southeast ,asian countries  
to determine whether third-party        
recruitment firms in such countries     
engage in--  7,i7 forced labor          
practices1 including debt bondage2 or   
7,,ii7 practices that violate           
,international ,labour ,organization    
standards or other relevant standards   
with respect to the recruitment of      
workers for jobs in the ,united ,states4
  7ii7 ,report ,the ,secretary of ,labor
 shall submit a report to ,congress     
that-- 7,i7 summarizes the findings of  
the review conducted pursuant to clause 
7i72 and  7,,ii7 may include-- 7aa7     
suggested legislation or other          
recommendations for ,congress and       
executive branch agencies2 or  7bb7     
recommendations for private sector      
businesses regarding best practices for 
avoiding third-party recruitment firms  
in countries that the ,secretary        
determines allow for1 or engage in1     
forced labor practices that violate     
international law or other relevant     

standards and practices4  #e4           
,enforcement and oversight  7a7         
,examinations2 referrals  7#a7 ,in      
general ,the ,commandant of the ,coast  
,guard1 in conjunction with the         
,secretary of ,labor1 shall ensure that 
employers operating vessels that employ 
,d-#c nonimmigrants are subject to      
regular dockside examinations not less  
than biennially to ensure compliance    
with applicable laws and regulations    
affecting the safety and health of      
seamen1 including ,d-#c nonimmigrants1  
aboard longline fishing vessels that    
have their home port or an operating    
base in ,hawaii4  7#b7 ,additional      
examinations ,the ,secretary of         
,homeland ,security1 in conjunction with
 the ,secretary of ,labor-- 7,a7 may    
conduct additional examinations1 as they
 consider necessary to ensure compliance
 with labor agreement terms and         
conditions or health and safety         
conditions2 and  7,b7 shall conduct     
additional examinations upon receipt of 

information from a ,d-#c nonimmigrant1  
or from such ,state or local entity as  
may be responsible for licensing and    
oversight of the employer1 that an      
employer may be violating the           
requirements under this ,act or         
applicable health and safety            
requirements4  7b7 ,penalties for       
noncompliance ,the ,secretary of ,labor 
and the ,secretary of ,homeland         
,security are authorized to take such   
actions1 including imposing appropriate 
penalties and seeking appropriate       
injunctive relief and specific          
performance of contractual obligations1 
as may be necessary to ensure employer  
compliance with the terms and conditions
 of employment required under this ,act4
  #f4 ,rulemaking ,the ,secretary of    
,state1 the ,secretary of ,homeland     
,security1 and the ,secretary of ,labor 
are authorized to issue such regulations
 and written guidance as may be         
necessary to carry out the activities   
required under this ,act4  #g4          

,authorization of appropriations ,there 
are authorized to be appropriated such  
sums as may be necessary to carry out   
this ,act4