[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2071 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2071

   To authorize the temporary entry into the United States of alien 
crewmen employed on longline fishing vessels originating in Hawaii, to 
     ensure that such aliens receive reasonable wages and working 
conditions, and to provide for appropriate enforcement and oversight of 
                fishing companies employing such aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2017

Ms. Hirono (for herself and Mr. Schatz) introduced the following bill; 
  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 Hawaii, to 
     ensure that such aliens receive reasonable wages and working 
conditions, and to provide for appropriate enforcement and oversight of 
                fishing companies employing such aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sustainable Fishing Workforce 
Protection Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Association of employers.--The term ``association of 
        employers'' means any nonprofit or membership association of 
        owners, charterers, or managing operators of a longline fishing 
        vessel, or the legal representative of any such individual or 
        entity, that has its home port or an operating base in the 
        State of Hawaii.
            (2) D-3 nonimmigrant.--The term ``D-3 nonimmigrant'' means 
        a nonimmigrant described in section 101(a)(15)(D)(iii) of the 
        Immigration and Nationality Act, as added by section 3(a)(2).
            (3) Employer.--The term ``employer'' means the owner, 
        charterer, or managing operator of a longline fishing vessel, 
        or the legal representative of any such individual or entity, 
        that has its home port or an operating base in the State of 
        Hawaii.
            (4) Longline fishing vessel.--The term ``longline fishing 
        vessel'' means a vessel which--
                    (A) is operating in accordance with section 
                8103(b)(2)(B) of title 46, United States Code;
                    (B) has its home port or an operating base in the 
                State of Hawaii; and
                    (C) uses pelagic longline (as defined in section 
                600.10 of title 50, Code of Federal Regulations) in its 
                fishing operations.

SEC. 3. NONIMMIGRANT VISA FOR ALIEN CREWMEN ON FISHING VESSELS 
              OPERATING OUT OF HAWAII.

    (a) In General.--Section 101(a)(15)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(D)) is amended--
            (1) in clause (ii), by adding ``and'' at the end; and
            (2) by adding at the end the following:
            ``(iii) 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 
        aircraft;''.
    (b) Treatment of Departures.--In the administration of section 
101(a)(15)(D) of the Immigration and Nationality Act, as added by 
subsection (a), an alien crewman shall be considered to have departed 
from Hawaii, Guam, or the Commonwealth of the Northern Mariana Islands 
after leaving the territorial waters thereof, without regard to whether 
the alien arrives in a foreign state before returning to Hawaii, Guam, 
or the Commonwealth of the Northern Mariana Islands.
    (c) Duration.--A visa issued to an alien crewman under section 
101(a)(15)(D)(iii) of the Immigration and Nationality Act--
            (1) shall remain in effect during the 3-year period 
        beginning on the date on which the visa is issued by the 
        Secretary of State; and
            (2) may be renewed for successive 3-year periods under the 
        same terms and conditions applicable to the issuance of a new 
        visa to a nonimmigrant under such section.
    (d) Effect of Termination of Employment on Visa Status.--
            (1) In general.--Except as provided under paragraph (2), a 
        D-3 nonimmigrant whose employment is lawfully terminated by his 
        or her employer, or by an association of employers, before the 
        end of the period described in subsection (c) shall depart the 
        United States not later than 10 days after the effective date 
        of such termination. The employer or association of employers, 
        as applicable, shall pay for the cost of transportation and 
        subsistence necessary to return the alien to his or her country 
        of origin.
            (2) Change in employment.--An employer or association of 
        employers may employ a D-3 nonimmigrant described in paragraph 
        (1) or a D-3 nonimmigrant who amicably terminates employment 
        with another employer if the employer or association--
                    (A) enters into a written agreement with the D-3 
                nonimmigrant that complies with the requirements under 
                section 4; and
                    (B) submits a copy of such agreement to the 
                Secretary of Homeland Security, the Secretary of Labor, 
                and such State and local entities as may be required 
                for compliance with State and local licensing and 
                oversight of the employer.

SEC. 4. PETITION REQUIREMENTS AND EMPLOYER RESPONSIBILITIES.

    (a) Petition.--
            (1) In general.--An employer or association of employers 
        may not employ an alien crewman on a longline fishing vessel 
        unless--
                    (A) the employer or association has filed a 
                petition with the Secretary of State to employ the 
                alien as a D-3 nonimmigrant on a longline fishing 
                vessel; and
                    (B) the Secretary of State has approved the 
                petition.
            (2) Form; contents.--The petition required under paragraph 
        (1) shall be in such form as determined by the Secretary of 
        State, in consultation with the Secretary of Homeland Security, 
        and shall include--
                    (A) the name, contact information, and mailing 
                address of the place of business of--
                            (i) the employer; or
                            (ii) if the petition is submitted by an 
                        association of employers, the employers that 
                        are members of the association;
                    (B) an attestation that workers who will be issued 
                visas under section 101(a)(15)(D)(iii) of the 
                Immigration and Nationality Act, as added by section 
                3(a), are being employed in accordance with section 
                8103(b)(2)(B) of title 46, United States Code;
                    (C) the number of visas sought by the employer or 
                association of employers;
                    (D) the name, place of business, and description of 
                services provided by any foreign third party engaged by 
                the employer or association of employers; and
                    (E) such other information as the Secretary of 
                State deems necessary.
            (3) Visa issuance.--Upon receipt of a completed petition 
        from an employer pursuant to paragraph (1), the Secretary of 
        State is authorized to issue the requested number of D-3 
        nonimmigrant visas to aliens to meet the employer's need.
            (4) Role of associations of employers.--
                    (A) Filing by associations of employers.--A 
                petition to employ an alien or aliens as D-3 
                nonimmigrants under this subsection may be filed by an 
                association of employers.
                    (B) Treatment of associations acting as 
                employers.--If an association is a joint or sole 
                employer of D-3 nonimmigrants, 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 members.
            (5) Transitional visas.--
                    (A) 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 Act. The Secretary of State 
                shall issue such temporary visas to such alien 
                crewmembers in accordance with this paragraph.
                    (B) National security reviews.--
                            (i) In general.--The Secretary shall ensure 
                        that the presence of alien crewmembers for whom 
                        D-3 nonimmigrant visas are sought under this 
                        subsection does not pose a national security 
                        threat.
                            (ii) Evaluations.--In evaluating the 
                        potential national security threat of alien 
                        crewmembers under this subparagraph, the 
                        Secretary may--
                                    (I) conduct individual or group 
                                interviews of alien crewmembers in 
                                Hawaii; and
                                    (II) take any other action the 
                                Secretary determines necessary to 
                                determine whether alien crewmembers 
                                pose a national security threat.
                            (iii) Action.--If the Secretary determines 
                        that an alien crewmember poses a national 
                        security threat, the Secretary shall take 
                        appropriate action in accordance with Federal 
                        law.
                            (iv) 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 workforce.
                    (C) Period of validity.--Visas issued under 
                subparagraph (A) shall be valid for the longer of--
                            (i) 1 year; or
                            (ii) the period beginning on the date of 
                        issuance and ending 90 days after the date on 
                        which the Secretary of State issues regulations 
                        or other written guidance relating to the 
                        issuance of visas to D-3 immigrants in 
                        accordance with section 101(a)(15)(D)(iii) of 
                        the Immigration and Nationality Act, as added 
                        by section 3(a).
                    (D) Petition.--Not later than 90 days after the 
                issuance of the regulations or other written guidance 
                described in subparagraph (C)(ii) or within an 
                alternate timeframe determined by the Secretary of 
                State, employers and associations of employers shall 
                petition for D-3 nonimmigrant visas for all of their 
                alien crewmembers, including those who were issued 
                temporary visas under subparagraph (A). Employers or 
                associations of employers may not seek compensation or 
                reimbursement from D-3 nonimmigrants for costs 
                associated with applications for transitional visas or 
                D-3 nonimmigrant visas.
    (b) Labor Agreements.--
            (1) Components.--After the approval of a petition and the 
        issuance of D-3 nonimmigrant visas, but before proceeding on a 
        voyage of a longline fishing vessel, an employer or association 
        of employers shall enter into a written agreement directly with 
        each D-3 nonimmigrant, in accordance with section 10601 of 
        title 46, United States Code, that describes--
                    (A) the responsibilities of, and costs to be 
                covered by, the employer or association of employers 
                during the contract period;
                    (B) the job duties to be performed and the expected 
                work during the contract period;
                    (C) the terms of the wage, share, or other 
                compensation the employer or association of employers 
                will provide to the employee during the contract 
                period;
                    (D) the responsibility of the employer or 
                association of employers--
                            (i) to pay for or reimburse the employee in 
                        his or her first workweek for all visa, visa 
                        processing, border crossing, and other related 
                        fees (including those mandated by the 
                        Government) incurred by the employee, other 
                        than passport expenses or other charges 
                        primarily for the benefit of the employee;
                            (ii) to pay all recruitment costs; and
                            (iii) to provide, or reimburse the employee 
                        for the costs of, transportation and 
                        subsistence to and from the United States;
                    (E) 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 term;
                    (F) the crewmember's rights (with respect to 
                occupational safety and health protections)--
                            (i) to freely report any labor, safety, or 
                        health abuses without fear of retaliation;
                            (ii) to have access to remediation, as 
                        needed;
                            (iii) to free and timely access to their 
                        passports or other identity documents; and
                            (iv) to adequate living conditions aboard 
                        the vessel, including access to food, water, 
                        medical care, and other necessary provisions;
                    (G) a summary of the remedies for violations of the 
                terms of the labor agreement available to the employee 
                in accordance with paragraph (2); and
                    (H) other agreed terms and conditions of 
                employment.
            (2) Enforcement of agreements.--Employers or associations 
        of employers and D-3 nonimmigrants have the right to avail 
        themselves of appropriate legal recourse in the United States, 
        including voluntary arbitration, in the event of disputes 
        arising due to nonperformance of any provision of an agreement.
            (3) Language barriers and recordkeeping.--
                    (A) In general.--Employers or associations of 
                employers shall secure such language services as may be 
                necessary to ensure that D-3 nonimmigrants understand 
                the terms of the labor agreement described in paragraph 
                (1) 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-3 
                nonimmigrants for the provision of such services.
                    (B) 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-3 
                nonimmigrant. Copies of signed labor agreements shall 
                be submitted to the Secretary of Homeland Security, the 
                Secretary of Labor, 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 employers.
            (4) Recruitment costs and oversight.--
                    (A) Employee reimbursement.--Employers or 
                associations of employers shall pay or reimburse each 
                D-3 nonimmigrant, in his or her first workweek, for all 
                visa, visa processing, border crossing, and other 
                related fees (including those mandated by the 
                Government) incurred by the D-3 nonimmigrant, but are 
                not required to reimburse D-3 nonimmigrants for 
                passport expenses or other charges primarily for the 
                benefit of the D-3 nonimmigrants.
                    (B) Other costs and oversight.--Employers or 
                associations of employers may engage agents or firms in 
                the United States or elsewhere to recruit D-3 
                nonimmigrants only if the employer or association--
                            (i) solely assumes all costs associated 
                        with such recruitment services, including--
                                    (I) fees for the employers' 
                                attorneys and agents;
                                    (II) placement and referral fees; 
                                and
                                    (III) other fees required to be 
                                paid directly to the third party 
                                providing recruitment services; and
                            (ii) discloses the agents or firms used for 
                        such recruitment to the Secretary of State.
                    (C) Report on third-party recruitment practices.--
                            (i) 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--
                                    (I) forced labor practices, 
                                including debt bondage; or
                                    (II) practices that violate 
                                International Labour Organization 
                                standards or other relevant standards 
                                with respect to the recruitment of 
                                workers for jobs in the United States.
                            (ii) Report.--The Secretary of Labor shall 
                        submit a report to Congress that--
                                    (I) summarizes the findings of the 
                                review conducted pursuant to clause 
                                (i); and
                                    (II) may include--
                                            (aa) suggested legislation 
                                        or other recommendations for 
                                        Congress and executive branch 
                                        agencies; or
                                            (bb) recommendations for 
                                        private sector businesses 
                                        regarding best practices for 
                                        avoiding third-party 
                                        recruitment firms in countries 
                                        that the Secretary determines 
                                        allow for, or engage in, forced 
                                        labor practices that violate 
                                        international law or other 
                                        relevant standards and 
                                        practices.

SEC. 5. ENFORCEMENT AND OVERSIGHT.

    (a) Examinations; Referrals.--
            (1) In general.--The Commandant of the Coast Guard, in 
        conjunction with the Secretary of Labor, shall ensure that 
        employers operating vessels that employ D-3 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 seamen, 
        including D-3 nonimmigrants, aboard longline fishing vessels 
        that have their home port or an operating base in Hawaii.
            (2) Additional examinations.--The Secretary of Homeland 
        Security, in conjunction with the Secretary of Labor--
                    (A) may conduct additional examinations, as they 
                consider necessary to ensure compliance with labor 
                agreement terms and conditions or health and safety 
                conditions; and
                    (B) shall conduct additional examinations upon 
                receipt of information from a D-3 nonimmigrant, or from 
                such State or local entity as may be responsible for 
                licensing and oversight of the employer, that an 
                employer may be violating the requirements under this 
                Act or applicable health and safety requirements.
    (b) Penalties for Noncompliance.--The Secretary of Labor and the 
Secretary of Homeland Security are authorized to take such actions, 
including imposing appropriate penalties and seeking appropriate 
injunctive relief and specific performance of contractual obligations, 
as may be necessary to ensure employer compliance with the terms and 
conditions of employment required under this Act.

SEC. 6. RULEMAKING.

    The Secretary of State, the Secretary of Homeland Security, 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 Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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