I 
115TH CONGRESS 
1ST SESSION H. R. 4224 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2017 
Ms. HANABUSA (for herself and Ms. GABBARD) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Education and the Workforce, and Transportation 
and Infrastructure, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 en-
tity, that has its home port or an operating base in 
the State of Hawaii. 
(2) D–3 NONIMMIGRANT.—The term ‘‘D–3 non-
immigrant’’ means a nonimmigrant described in sec-
tion 101(a)(15)(D)(iii) of the Immigration and Na-
tionality 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; 
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(B) has its home port or an operating base 
in the State of Hawaii; and 
(C) uses pelagic longline (as defined in sec-
tion 600.10 of title 50, Code of Federal Regula-
tions) in its fishing operations. 
SEC. 3. NONIMMIGRANT VISA FOR ALIEN CREWMEN ON 
FISHING VESSELS OPERATING OUT OF HA-
WAII. 
(a) IN GENERAL.—Section 101(a)(15)(D) of the Im-
migration 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 pur-
suit of work as a crewman and to depart from Ha-
waii with the vessel on which the crewman arrived 
or some other vessel or aircraft;’’. 
(b) TREATMENT OF DEPARTURES.—In the adminis-
tration of section 101(a)(15)(D) of the Immigration and 
Nationality Act, as added by subsection (a), an alien crew-
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man shall be considered to have departed from Hawaii, 
Guam, or the Commonwealth of the Northern Mariana Is-
lands after leaving the territorial waters thereof, without 
regard to whether the alien arrives in a foreign state be-
fore 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 pe-
riod beginning on the date on which the visa is 
issued by the Secretary of State; and 
(2) may be renewed for successive 3-year peri-
ods 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 employ-
ment 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 
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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 non-
immigrant described in paragraph (1) or a D–3 non-
immigrant who amicably terminates employment 
with another employer if the employer or associa-
tion— 
(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 Sec-
retary of Labor, and such State and local enti-
ties as may be required for compliance with 
State and local licensing and oversight of the 
employer. 
SEC. 4. PETITION REQUIREMENTS AND EMPLOYER RE-
SPONSIBILITIES. 
(a) PETITION.— 
(1) IN GENERAL.—An employer or association 
of employers may not employ an alien crewman on 
a longline fishing vessel unless— 
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(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 deter-
mined by the Secretary of State, in consultation with 
the Secretary of Homeland Security, and shall in-
clude— 
(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 accord-
ance with section 8103(b)(2)(B) of title 46, 
United States Code; 
(C) the number of visas sought by the em-
ployer or association of employers; 
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(D) the name, place of business, and de-
scription of services provided by any foreign 
third party engaged by the employer or associa-
tion of employers; and 
(E) such other information as the Sec-
retary of State deems necessary. 
(3) VISA ISSUANCE.—Upon receipt of a com-
pleted petition from an employer pursuant to para-
graph (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 EMPLOY-
ERS.—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 sub-
mitted 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.— 
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(A) IN GENERAL.—Employers or associa-
tions of employers shall petition the Secretary 
of State for temporary nonimmigrant visas for 
all alien crewmembers employed by the em-
ployer or association as of the date of the en-
actment of this Act. The Secretary of State 
shall issue such temporary visas to such alien 
crewmembers in accordance with this para-
graph. 
(B) NATIONAL SECURITY REVIEWS.— 
(i) IN GENERAL.—The Secretary shall 
ensure that the presence of alien crew-
members 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 de-
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termine whether alien crewmembers 
pose a national security threat. 
(iii) ACTION.—If the Secretary deter-
mines 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 re-
lated evaluations under this subparagraph 
as expeditiously as possible to minimize the 
disruption to the commercial fishing work-
force. 
(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 relat-
ing to the issuance of visas to D–3 immi-
grants 
in 
accordance 
with 
section 
101(a)(15)(D)(iii) of the Immigration and 
Nationality Act, as added by section 3(a). 
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(A) the responsibilities of, and costs to be 
covered by, the employer or association of em-
ployers 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 em-
ployee in his or her first workweek for all 
visa, visa processing, border crossing, and 
other related fees (including those man-
dated 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 em-
ployee 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 subsist-
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ence costs from the United States if the worker 
is dismissed or otherwise fails to complete con-
tract 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 retalia-
tion; 
(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 viola-
tions of the terms of the labor agreement avail-
able to the employee in accordance with para-
graph (2); and 
(H) other agreed terms and conditions of 
employment. 
(2) ENFORCEMENT OF AGREEMENTS.—Employ-
ers or associations of employers and D–3 non-
immigrants have the right to avail themselves of ap-
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propriate legal recourse in the United States, includ-
ing voluntary arbitration, in the event of disputes 
arising due to nonperformance of any provision of 
an agreement. 
(3) 
LANGUAGE
BARRIERS
AND
RECORD-
KEEPING.— 
(A) IN GENERAL.—Employers or associa-
tions 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 subsection (b) 
that is presented to them before embarking on 
their first voyage on a longline fishing vessel 
and may not seek compensation or reimburse-
ment from D–3 nonimmigrants for the provi-
sion of such services. 
(B) 
RECORD
RETENTION
REQUIRE-
MENTS.—A signed copy of each labor agree-
ment shall be kept on file by the employer in 
English and in the language of the D–3 non-
immigrant. Copies of signed labor agreements 
shall be submitted to the Secretary of Home-
land Security, the Secretary of Labor, and such 
State and local entities as may be required for 
compliance with State and local licensing and 
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oversight of the employer or association of em-
ployers. 
(4) RECRUITMENT COSTS AND OVERSIGHT.— 
(A) EMPLOYEE
REIMBURSEMENT.—Em-
ployers 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 (includ-
ing those mandated by the Government) in-
curred 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.—Em-
ployers or associations of employers may engage 
agents or firms in the United States or else-
where 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’ attor-
neys and agents; 
(II) placement and referral fees; 
and 
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(III) other fees required to be 
paid directly to the third party pro-
viding recruitment services; and 
(ii) discloses the agents or firms used 
for such recruitment to the Secretary of 
State. 
(C) REPORT
ON
THIRD-PARTY
RECRUIT-
MENT PRACTICES.— 
(i) REVIEW.—The Secretary of Labor 
shall review and evaluate the laws and 
business practices governing third-party re-
cruitment of workers in Southeast Asian 
countries to determine whether third-party 
recruitment firms in such countries engage 
in— 
(I) forced labor practices, includ-
ing debt bondage; or 
(II) practices that violate Inter-
national Labour Organization stand-
ards 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— 
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(I) summarizes the findings of 
the review conducted pursuant to 
clause (i); and 
(II) may include— 
(aa) suggested legislation or 
other recommendations for Con-
gress and executive branch agen-
cies; or 
(bb) recommendations for 
private sector businesses regard-
ing best practices for avoiding 
third-party recruitment firms in 
countries that the Secretary de-
termines allow for, or engage in, 
forced labor practices that violate 
international law or other rel-
evant 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 reg-
ular dockside examinations not less than biennially 
to ensure compliance with applicable laws and regu-
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lations affecting the safety and health of seamen, in-
cluding D–3 nonimmigrants, aboard longline fishing 
vessels that have their home port or an operating 
base in Hawaii. 
(2) ADDITIONAL
EXAMINATIONS.—The Sec-
retary 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 non-
immigrant, or from such State or local entity as 
may be responsible for licensing and oversight 
of the employer, that an employer may be vio-
lating the requirements under this Act or appli-
cable health and safety requirements. 
(b) PENALTIES
FOR NONCOMPLIANCE.—The Sec-
retary 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 
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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 is authorized to be appropriated such sums as 
may be necessary to carry out this Act. 
Æ 
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