113 HR 4586 IH: Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2014
U.S. House of Representatives
2014-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of contents
(a)This Act may be cited as the Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2014
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Transparency in the recruitment of foreign workers outside of the United States
Sec. 101. Definitions.
Sec. 102. Transparency in foreign recruiting by foreign labor contractors.
Sec. 103. Transparency in foreign recruiting by third-party foreign labor recruiters.
Sec. 104. Registration of third-party foreign labor recruiters.
Sec. 105. Third-party recruitment fees.
Sec. 106. Maintenance and posting of lists.
Sec. 107. Enforcement.
Sec. 108. Regulations; effective date; report.
Title II—Other provisions
Sec. 201. Ensuring that foreign assistance does not contribute to human trafficking.
Sec. 202. Obligations of United States consular officers.
<enum>I</enum><header>Transparency in the recruitment of foreign workers outside of the United States</header>
<section id="H2258982CE2DC4274BE8BA46EE9CADD57"><enum>101.</enum><header>Definitions</header><text display-inline="no-display-inline">As used in this title, the following definitions apply:</text>
<paragraph id="H8360ACA4A1884C4A965DB3E6284A1EDC"><enum>(1)</enum><header>Employer</header><text>The term <quote>employer</quote> shall include any parent, branch, affiliate, or subsidiary of a United States or foreign firm,
corporation, or other legal entity and any group treated as a single
employer under subsection (b), (c), (m), or (o) of section 414 of the
Internal Revenue Code of 1986.</text>
</paragraph><paragraph id="H82FCDD00BA094222B58435CFA19B73B9"><enum>(2)</enum><header>Foreign labor contracting activity</header><text>The term <quote>foreign labor contracting activity</quote> means recruiting, soliciting, or collecting funds from a prospective worker or worker who resides
outside of the United States and is physically present outside of the
United States at the time of such activities, in furtherance of employment
in the United States, pursuant to a work-authorized nonimmigrant visa,
that will compensate that worker at a rate of compensation below the rate
of a highly compensated employee as required under the Fair Labor
Standards Act of 1938 (<external-xref legal-doc="usc" parsable-cite="usc/29/201">29 U.S.C. 201 et seq.</external-xref>) and required under section
541.601(a) of title 29, Code of Federal Regulations, or any similar
successor regulation, including when such activity occurs wholly outside
of the United States.</text>
</paragraph><paragraph id="H9209E3F3A62A4B7BB0427667E6C23E54"><enum>(3)</enum><header>Foreign labor contractor</header><text>The term <quote>foreign labor contractor</quote> means any individual, group of individuals, or employer who performs foreign labor contracting
activity or utilizes a third-party foreign labor recruiter to perform such
activity, except that such term does not include—</text>
<subparagraph id="H992DF24B803049EBAB0DAA8A85B40313"><enum>(A)</enum><text>any Federal, State, or local governmental entity;</text>
</subparagraph><subparagraph id="HAE4351814C45496DAC851A6C5B996480"><enum>(B)</enum><text>a United States or foreign firm, corporation, or other legal entity or parent, branch, affiliate,
or subsidiary thereof that hires its own existing employee from outside
the United States to work for a branch of the same firm, corporation, or
other legal entity or a parent, affiliate, or subsidiary thereof within
the United States; or</text>
</subparagraph><subparagraph id="HBD84BC4A4E5B4CE6BD67B59D22D4FA6F"><enum>(C)</enum><text>any attorney or person to the extent they are assisting an employer with preparing a petition,
certification, application, or other documents or filings (such as a job
order to be filed with a State workforce agency) related to the legal
requirements to hire a prospective worker under the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101 et seq.</external-xref>) or assisting with any subsequent
administrative or judicial appeals related to such petitions,
certifications, applications, or related legal documents or advising the
prospective worker about the visa application and consular process.</text>
</subparagraph></paragraph><paragraph id="HA1E40334D7CE484CA71E1AAD5C5BFFD3"><enum>(4)</enum><header>Prospective worker</header><text>The term <quote>prospective worker</quote> means an individual who is not a national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101(a)(22)</external-xref>)) or an
individual lawfully admitted for permanent residence (as defined in
section 101(a)(20) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101(a)(20)</external-xref>)) who is the subject
of foreign labor contracting activity in furtherance of employment in the
United States pursuant to a work-authorized nonimmigrant visa.</text>
</paragraph><paragraph id="H15758CCAA8D3446F934198E96493A33D"><enum>(5)</enum><header>Secretary</header><text>Except as otherwise specified in section 106, the term <quote>Secretary</quote> means the Secretary of Homeland Security.</text>
</paragraph><paragraph id="H59935FD8C9AB4BC5AF1A813E07BCF97E"><enum>(6)</enum><header>Third-party foreign labor recruiter</header><text>The term <quote>third-party foreign labor recruiter</quote> means any foreign labor contractor who receives remuneration for conducting foreign labor
contracting activity, except that an employer who engages in foreign labor
contracting activity solely to find workers to be employed by the employer
shall not be considered a third-party foreign labor recruiter. An employer
shall not be considered to be engaged in foreign labor contracting
activity solely to find a worker to be employed by such employer if the
worker performs duties predominantly at one or more worksites owned,
operated, or controlled by another employer or employers and the other
employer or employers direct and control the work of the worker.</text>
</paragraph><paragraph id="HE652B0A4EB5843169F573499B2464253"><enum>(7)</enum><header>Work-authorized nonimmigrant visa</header><text>The term <quote>work-authorized nonimmigrant visa</quote> means a nonimmigrant visa (as defined in section 101(a)(26) of the Immigration and Nationality Act
(<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101(a)(26)</external-xref>)) issued to a class of nonimmigrant aliens listed in
section 214(s) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1184">8 U.S.C. 1184(s)</external-xref>) (as added by section 202 of
this Act) who are eligible under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) to be employed in the United States.</text>
</paragraph><paragraph id="H17F94F64210142CC8D16C5FE032331FE"><enum>(8)</enum><header>Worker</header><text>The term <quote>worker</quote> means an individual who was the subject of foreign labor contracting activity that resulted in the
individual being issued a work-authorized nonimmigrant visa. Such term
does not include an unauthorized alien (as defined in section 274A(h)(3)
of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C. 1324a(h)(3)</external-xref>)).</text>
</paragraph></section><section id="H21DC709F3C244EE5A5D1E9392064E364"><enum>102.</enum><header>Transparency in foreign recruiting by foreign labor contractors</header>
<subsection id="H513D3D92F41B40D883387E0203582B9E"><enum>(a)</enum><header>Provision of immigration documents</header><text>A foreign labor contractor (including a third-party foreign labor recruiter) who files a petition,
certification, or application required under the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101 et seq.</external-xref>) for the purpose of obtaining, for
a prospective worker such contractor has recruited or solicited (or has
had a third-party labor recruiter recruit or solicit), a work-authorized
nonimmigrant visa, shall provide a copy of such petition, certification,
or application to the prospective worker (but may exclude any financial or
proprietary information of the employer and, in the case of a group
petition, any personally identifiable information about other
beneficiaries) and a copy of the approval notification regarding the
petition, certification, or application to the worker (but may exclude any
financial or proprietary information of the employer).</text>
</subsection><subsection id="H1FFDD825B66C420FAA383B026F890D1C"><enum>(b)</enum><header>Prohibition on false and misleading information</header><text display-inline="yes-display-inline">No foreign labor contractor (including a third-party foreign labor recruiter) described in
subsection (a) shall knowingly provide materially false or misleading
information to any worker or prospective worker concerning any document
required to be provided under such subsection.</text>
</subsection></section><section id="HA543EC4D23A04EAAB54A3B84DE23AB84"><enum>103.</enum><header>Transparency in foreign recruiting by third-party foreign labor recruiters</header>
<subsection id="H238FD3811BEE4DA08916A503C2F5E4CA"><enum>(a)</enum><header>Requirement for disclosure</header><text>A third-party foreign labor recruiter shall ascertain and, at the time a job offer is made,
disclose to each prospective worker in writing in English and in the
primary language of the worker, the following information:</text>
<paragraph id="HF0DB6CAC7AE749CDAD5299098FA35D0B"><enum>(1)</enum><text display-inline="yes-display-inline">All information that is reasonably available (including in summarized form, but not including any
financial or proprietary information of the employer) that would be
required to be included in a petition, certification, or application under
the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101 et seq.</external-xref>) for the
purpose of obtaining for such worker a work-authorized nonimmigrant visa,
should the employer offering the job file such a petition, certification,
or application.</text>
</paragraph><paragraph id="H41B4F6A3AA064B2FB928BA0D5707A76A"><enum>(2)</enum><text>All information regarding any fees and expenses allowable under such Act that the foreign labor
contractor (including a third-party foreign labor recruiter) will or may
charge the worker (including any costs for housing or accommodation,
transportation to and from the United States and to and from the worksite,
meals, health insurance, worker’s compensation, medical examinations,
health care, tools or safety equipment costs, training, or any other
benefits provided).</text>
</paragraph><paragraph id="H12C3306A3D734A5E94B34D8EC926E5D6"><enum>(3)</enum><text>A statement, in a form specified by the Secretary—</text>
<subparagraph id="H4629B95E66EF4AE9836A6DB75147324F"><enum>(A)</enum><text>stating that—</text>
<clause id="H3A18771A97124245B22AD2C0AD304628"><enum>(i)</enum><text>no third-party foreign labor recruiter, or agent or employee of such a person, lawfully may assess
any recruitment, placement, legal or processing fee on a prospective
worker or a worker;</text>
</clause><clause id="H6167C1C5409F4EBAA4CAE66C15B19211"><enum>(ii)</enum><text>unless required by such Act, no foreign labor contractor (including a third-party foreign labor
recruiter) is required to pay for the visa or passport fees or costs of
transportation to and from the United States of a prospective worker or
worker; and</text>
</clause><clause id="HEF95AB4548A64734A38E61677C43BA77"><enum>(iii)</enum><text>unless prohibited by such Act, any other law of the United States or a State, or the provisions
related to a written employment contract entered into as provided in
paragraph (4), the employment of a worker may be terminated or modified at
any time by the employer;</text>
</clause></subparagraph><subparagraph id="H853BFD4BC2D140BEA7A6915FCFD77F2F"><enum>(B)</enum><text>explaining that—</text>
<clause id="H4C947D4282BD4AB3819A0CB522E66EB4"><enum>(i)</enum><text>if a written employment contract is entered into as provided in paragraph (4), no material changes
may be made to a the original contract signed by the prospective worker or
worker without the worker having at least 24 hours to consider such
changes and to provide their consent, obtained voluntarily, except that if
the worker does not provide consent, the worker may be terminated or the
employment modified pursuant to subparagraph (A)(iii); and</text>
</clause><clause id="H941A13C45D314CEAABA5CEC729DCAAC4"><enum>(ii)</enum><text>any material changes made to the original contract that do not comply with clause (i) shall be a
violation of this section and be subject to the enforcement under section
107; and</text>
</clause></subparagraph><subparagraph id="H8350522470A846A9A4BF7D3AB176DDBA"><enum>(C)</enum><text>describing the protections afforded prospective workers and workers by this section, section 202 of
the William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (<external-xref legal-doc="usc" parsable-cite="usc/8/1375c">8 U.S.C. 1375c</external-xref>), and the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), including—</text>
<clause id="H32336BD1BE1C4A7F962E5AD936EC86E8"><enum>(i)</enum><text>relevant information about the procedure for filing a complaint provided for in section 107; and</text>
</clause><clause id="HB9188C6C06104539A8CA1D698212E37A"><enum>(ii)</enum><text>the telephone number for the national human trafficking resource center hotline number.</text>
</clause></subparagraph></paragraph><paragraph id="HFBE138439CCE4C1997E12036C237E41A"><enum>(4)</enum><text>If a written employment contract is entered into by a prospective worker or worker and an employer,
either voluntarily by both parties or in compliance with the Immigration
and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101 et seq.</external-xref>), a signed copy of the work
contract.</text>
</paragraph></subsection><subsection id="HCADE585FBE064C1CB63D7EA466505EEF"><enum>(b)</enum><header>Relationship to labor and employment laws</header><text display-inline="yes-display-inline">Nothing in the disclosure required by subsection (a) shall constitute a legal conclusion as to a
prospective worker’s or worker’s status or rights under any labor or
employment law. Unless otherwise required by the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101 et seq.</external-xref>), a written employment contract
shall not be required to establish eligibility for a work authorized
nonimmigrant visa under section 214(s) of the Immigration and Nationality
Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1184">8 U.S.C. 1184(s)</external-xref>), as added by section 202 of this Act.</text>
</subsection><subsection id="HC563EACC5AF24EA0961D81AF0361918A"><enum>(c)</enum><header>Prohibition on false and misleading information</header><text>No third-party foreign labor recruiter shall knowingly provide materially false or misleading
information to any prospective worker concerning any matter required to be
disclosed under subsection (a).</text>
</subsection></section><section id="H7E47BA44A273428EA6E6910572FA8566"><enum>104.</enum><header>Registration of third-party foreign labor recruiters</header>
<subsection id="H37F02F14528E4EC6ADB618F9B639E72B"><enum>(a)</enum><header>Requirement To register</header><text>Prior to engaging in any foreign labor contracting activity, any individual, group of individuals,
or employer who is a third-party foreign labor recruiter or who, for any
money or other valuable consideration paid or promised to be paid,
performs a foreign labor contracting activity on behalf of a third-party
foreign labor recruiter, shall have obtained a certificate of registration
from the Secretary pursuant to regulations promulgated by the Secretary
under subsection (c), except that during the first year after such
regulations are promulgated, any individual, group of individuals, or
employer who is a third-party foreign labor recruiter or who, for any
money or other valuable consideration paid or promised to be paid,
performs a foreign labor contracting activity on behalf of a third-party
foreign labor recruiter, may engage in foreign labor contracting activity
if such individual, group, or employer has applied for a certificate of
registration from the Secretary pursuant to such regulations and the
certificate has not been denied.</text>
</subsection><subsection id="HE890CDEB734544D3B15059C8C57968A5"><enum>(b)</enum><header>Notification</header>
<paragraph id="HAE24AD6F5E974552A1FA719B965C0B58"><enum>(1)</enum><header>Annual employer notification</header><text>Each employer shall notify the Secretary, once each year, of the identity of any third-party
foreign labor recruiter involved in any foreign labor contracting activity
for, or on behalf of, the employer during that year, including at a
minimum, the name and address of the third-party foreign labor recruiter,
a description of the services for which the third-party foreign labor
recruiter was being used, and whether the third-party foreign labor
recruiter received any economic compensation for such services.</text>
</paragraph><paragraph id="HD669181194F84D609C6915319402DAE1"><enum>(2)</enum><header>Annual third-party foreign labor recruiter notification</header><text>Each third-party foreign labor recruiter shall notify the Secretary, once each year, of the
identity of any subcontractor, agent, or other third-party foreign labor
recruiter involved in any foreign labor contracting activity for, or on
behalf of, the third-party foreign labor during that year.</text>
</paragraph><paragraph id="H4107AB1C454140E0970E07845E56E1B1"><enum>(3)</enum><header>Noncompliance notification</header><text>An employer shall notify the Secretary of the identity of a third-party foreign labor recruiter
whose activities the employer knows does not comply with this section.</text>
</paragraph><paragraph id="HA5D00BC04E594D2E9D73BDE13F4E1DB8"><enum>(4)</enum><header>Agreement</header><text>Not later than 7 days after receiving a request from the Secretary, an employer shall provide the
Secretary with the identity of any third-party foreign labor recruiter
with which the employer has a contract or other agreement.</text>
</paragraph></subsection><subsection id="HCCB268256990429892488A46E14F7BBB"><enum>(c)</enum><header>Regulations</header><text>The Secretary shall promulgate regulations to establish an efficient electronic process for the
timely investigation and approval of an application for a certificate of
registration of third-party foreign labor recruiters, including—</text>
<paragraph id="HB4717EC8BE9A41EAB8B99226CFFC5391"><enum>(1)</enum><text>a declaration, subscribed and sworn to by the applicant, stating the applicant’s permanent place of
residence, the foreign labor contracting activities for which the
certificate is requested, and such other relevant information as the
Secretary may require;</text>
</paragraph><paragraph id="HB4BDE25A6A2C42B78D5C64B4AC2CD31B"><enum>(2)</enum><text>a set of fingerprints of the applicant;</text>
</paragraph><paragraph id="HD92A5875429D4EEB930CF071154F0797"><enum>(3)</enum><text>an expeditious means to update registrations and renew certificates;</text>
</paragraph><paragraph id="H989829C9E7A24FC999F8DF36F7C26FDA"><enum>(4)</enum><text>a means of obtaining the consent of any third-party foreign labor recruiter over whom the courts of
the United States would not otherwise have jurisdiction to the designation
by a court for the Secretary to serve as an agent available to accept
service of summons in any action against the applicant, if the applicant
has left the jurisdiction in which the action is commenced, otherwise has
become unavailable to accept service, or is subject to personal
jurisdiction in no State;</text>
</paragraph><paragraph id="HA16A317EE8F245EA9D1D89B79D66A0C7"><enum>(5)</enum><text>providing for cooperation in any investigation by the Secretary or other appropriate authorities;</text>
</paragraph><paragraph id="HD2D2CC17507B4643BF96CFA6951E1D30"><enum>(6)</enum><text>providing for consent to the forfeiture of any bond for willful failure or refusal to comply with
these provisions;</text>
</paragraph><paragraph id="H8EF54BBEBF904D358F97D2F933E7E6B4"><enum>(7)</enum><text>providing for consent of an agent or contractor to be liable for violations of this section by such
agent or subcontractor of any level in relation to the foreign labor
contracting activity to the same extent as if the third-party foreign
labor recruiter had committed the violation if the third-party foreign
labor recruiter had knowledge of the violation; and</text>
</paragraph><paragraph id="HC93E0B5D0F5E449CA681BF1D34D83EAA"><enum>(8)</enum><text>providing for consultation with other appropriate Federal agencies to determine whether any reason
exists to deny registration to a third-party foreign labor recruiter.</text>
</paragraph></subsection><subsection id="H3ED710143ED54921BB26D543C62472FC"><enum>(d)</enum><header>Term of registration</header><text>Unless suspended or revoked, a certificate under this section shall be valid for 2 years.</text>
</subsection><subsection id="H77B13224B16C4777936009245C22B222"><enum>(e)</enum><header>Application fee</header>
<paragraph id="H893BAC4AB4834512A135B0CC094412FF"><enum>(1)</enum><header>Requirement for fee</header><text>In addition to any other fees authorized by law, the Secretary shall impose a fee, to be deposited
in the general fund of the Treasury, on a third-party foreign labor
recruiter that submits an application for a certificate of registration
under this section.</text>
</paragraph><paragraph id="H2F5C9FABBB8442E0B7C24E94DF284758"><enum>(2)</enum><header>Amount of fee</header><text>The amount of the fee required by paragraph (1) shall be set at a level that the Secretary
determines sufficient to cover the full costs of regulating third-party
foreign labor recruiter activities under this section, including worker
education and any additional costs associated with the administration of
the fees collected.</text>
</paragraph></subsection><subsection id="H77FEE67D798F4A1AB653A65DCD3CB999"><enum>(f)</enum><header>Refusal To issue; revocation</header><text>In accordance with regulations promulgated by the Secretary—</text>
<paragraph id="H8F328690CFEF4C68A6B5E0D7CAB270A5"><enum>(1)</enum><text>the Secretary shall refuse to issue or renew, or shall revoke and debar from eligibility to obtain
a certificate of registration for a period of not greater than 5 years,
after notice and an opportunity for a hearing, a certificate of
registration under this section if—</text>
<subparagraph id="H675379684E324B38B7A1EB3ED83BA615"><enum>(A)</enum><text>the applicant for, or holder of, the certification has knowingly made a material misrepresentation
in the application for such certificate;</text>
</subparagraph><subparagraph id="H455C0C6734D943D0849C5A1A399ED437"><enum>(B)</enum><text>the applicant for, or holder of, the certification is not the real party in interest in the
application or certificate of registration and the real party in interest—</text>
<clause id="HE147D0350B92466184DAA7276ECD0C8E"><enum>(i)</enum><text>is a person who has been refused issuance or renewal of a certificate;</text>
</clause><clause id="HF8D5A60000974F8FA1ECFD94D5684F86"><enum>(ii)</enum><text>has had a certificate revoked; or</text>
</clause><clause id="H3EF25CDD58B54F58BD85E7A72B945368"><enum>(iii)</enum><text>does not qualify for a certificate under this section;</text>
</clause></subparagraph><subparagraph id="H2C04C5AF4C4F4BE9988D3AF2FCD5714C"><enum>(C)</enum><text>the applicant for, or holder of, the certification has materially failed to comply with this
subsection; or</text>
</subparagraph><subparagraph id="HD48339063676418D8B6263DF4AAABF68"><enum>(D)</enum><text display-inline="yes-display-inline">the Secretary issues a final order pursuant to section 107(c) finding that the applicant for, or
holder of, the certification has committed a material violation of this
title; and</text>
</subparagraph></paragraph><paragraph id="H1597B3EEA3B9497793E8B3B4A655240D"><enum>(2)</enum><text>the Secretary shall refuse to issue or renew, or shall revoke and debar from eligibility to obtain
a certificate of registration, after notice and an opportunity for a
hearing, a certificate of registration under this section if the applicant
for, or holder of, the certification has been convicted of—</text>
<subparagraph id="H2E346C0D827F432A86F1BCC7DF198399"><enum>(A)</enum><text>any felony under State or Federal law, any violation of section 274 of the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1324">8 U.S.C. 1324</external-xref>), or any crime under United States or
foreign law involving sex trafficking, human trafficking, robbery,
bribery, extortion, embezzlement, grand larceny, burglary, arson,
violation of narcotics laws, murder, rape, assault with intent to kill,
assault which inflicts grievous bodily injury, prostitution, or peonage;
or</text>
</subparagraph><subparagraph id="H6AFF231BBF404255ADFD0F3443B9CAC2"><enum>(B)</enum><text>any crime relating to gambling, or to the sale, distribution, or possession of alcoholic beverages
in connection with or incident to any labor contracting activities.</text>
</subparagraph></paragraph></subsection><subsection id="H5FF31F6E246F47DDA952AD4BBAF12CBB"><enum>(g)</enum><header>Re-Registration of violators</header><text>The Secretary shall establish a procedure by which a third-party foreign labor recruiter that has
had its registration revoked under this section (other than pursuant to
subsection (f)(2)) may seek to re-register under this subsection by
demonstrating to the Secretary’s satisfaction that the third-party foreign
labor recruiter has not violated this title in the previous 5 years and
that the third party foreign labor recruiter has taken sufficient steps to
prevent future violations of this title.</text>
</subsection><subsection id="H4E6F99A2E89641369FD86F8C078DDA76"><enum>(h)</enum><header>Bonding requirement</header><text>The Secretary is authorized to require a third-party foreign labor recruiter to post a bond in an
amount sufficient to ensure the protection of prospective workers and
workers recruited by the third-party foreign labor recruiter, and to
establish, by regulation, the conditions under which the bond amount is
determined, paid, and forfeited. Any bond requirements or the forfeiture
of any bond under this subsection are in addition to other remedies under
this section or any other law.</text>
</subsection></section><section commented="no" id="H858BE2FD83D542859FFFD5B12FAA54C4"><enum>105.</enum><header>Third-party recruitment fees</header>
<subsection id="H1C1A19BF57CF427FA8457F15D935645A"><enum>(a)</enum><header>Prohibition</header><text display-inline="yes-display-inline">No third-party foreign labor recruiter, or agent or employee of such a person, lawfully may assess
any recruitment, placement, legal or processing fee on a prospective
worker or a worker.</text>
</subsection><subsection id="HED438702405A4801B3E3446521972F5C"><enum>(b)</enum><header>No requirement To pay for visa or passport fees</header><text display-inline="yes-display-inline">Unless required by the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C. 1101 et seq.</external-xref>), no foreign labor
contractor (including a third-party foreign labor recruiter) is required
to pay for the visa or passport fees or costs of transportation to and
from the United States of a prospective worker or worker.</text>
</subsection></section><section commented="no" id="H4CF82EB2C7F84A7C832191E7549CD781"><enum>106.</enum><header>Maintenance and posting of lists</header>
<subsection commented="no" id="HD88AA4510DF748B5BE2D87F98C097682"><enum>(a)</enum><header>In general</header><text>The Secretary—</text>
<paragraph commented="no" id="HA90CEB57B3184A2EA2D886B3127B44D5"><enum>(1)</enum><text>shall maintain an accurate list of all third-party foreign labor recruiters registered pursuant to
section 104 that identifies—</text>
<subparagraph commented="no" id="H61BB1CD7C53F408AB5A4B0FFB4754973"><enum>(A)</enum><text>the countries from which the contractors recruit;</text>
</subparagraph><subparagraph commented="no" id="H96E8BDB7EB6B4529B281CA45A90C7D3B"><enum>(B)</enum><text>the visa categories and occupations for which the contractors recruit; and</text>
</subparagraph><subparagraph commented="no" id="HCFB610BD9713416699A95DA86CDE7420"><enum>(C)</enum><text>the States where recruited workers are employed;</text>
</subparagraph></paragraph><paragraph commented="no" id="H97354F1A996B43FA95E28EFAE83295F5"><enum>(2)</enum><text>shall maintain a list of all third-party foreign labor recruiters whose certificate of registration
the Secretary has revoked;</text>
</paragraph><paragraph commented="no" id="HE56A52F6F3734140BCF5E25E1A60EA63"><enum>(3)</enum><text>shall update the lists required by this subsection on an ongoing basis, not less frequently than
every 6 months;</text>
</paragraph><paragraph commented="no" id="HD1C936F8AFDC40E185262988DA6BE249"><enum>(4)</enum><text>shall make such lists publicly available, including through continuous publication on Internet
websites; and</text>
</paragraph><paragraph commented="no" id="HBBCB620C77F7424291996C74BADAF5E9"><enum>(5)</enum><text>shall provide such lists to the Secretary of State, who shall make such lists available in written
form at, and on the websites of, each United States diplomatic mission in
the official language of the host country.</text>
</paragraph></subsection><subsection commented="no" id="H82A1BC0F81364B8E86A2D6C0D7555648"><enum>(b)</enum><header>Responsibilities of the Secretary of State</header>
<paragraph commented="no" id="HC4F26BED8E684BC1BE42D0552C60472E"><enum>(1)</enum><header>Overseas availability of foreign labor contractor lists</header><text>The Secretary of State shall make the lists required by subsection (a) publicly available in
written form at, and on the websites of, each United States diplomatic and
consular post in the official language of the host country.</text>
</paragraph><paragraph commented="no" id="HE1A34A8771E0453080EEB8F81154ADBF"><enum>(2)</enum><header>Designation of personnel to receive complaints overseas</header><text>The Secretary of State shall—</text>
<subparagraph commented="no" id="HA5E11077FD75446E97B677BCB0455461"><enum>(A)</enum><text display-inline="yes-display-inline">designate personnel at each such post who are responsible for receiving information regarding
alleged violations of this title by third-party foreign labor recruiters,
and for conveying such information to the Secretary of Homeland Security
for potential use in a complaint or investigation pursuant to section 107;
and</text>
</subparagraph><subparagraph commented="no" id="H7E75DCE11C72483AB6A3C0DA8947A9BC"><enum>(B)</enum><text>make publicly available on the website of each such post, in the official language of the host
country, information on how to contact the personnel designated at that
mission pursuant to subparagraph (A).</text>
</subparagraph></paragraph></subsection></section><section id="H550A6B98564242F5816E8612ECC148AC"><enum>107.</enum><header>Enforcement</header>
<subsection id="HE67E289E17CB4221B7BB355F8E7EA044"><enum>(a)</enum><header>Filing and notification</header><text>A worker who believes that the worker has suffered harm as a result of a material violation of this
title by a third-party foreign labor recruiter or by a foreign labor
contractor may, not later than the later of 180 days after the date on
which such violation occurs or the worker becomes aware of such violation,
but not later than two years after the date of such violation, file a
complaint with the Secretary alleging such material violation. Upon
receipt of such a complaint, the Secretary shall notify, in writing, the
third-party foreign labor recruiter or foreign labor contractor named in
the complaint of the filing of the complaint, of the allegations contained
in the complaint, of the substance of evidence supporting the complaint,
and of the opportunities that will be afforded to such third-party foreign
labor recruiter or foreign labor contractor under subsection (b).</text>
</subsection><subsection id="H13F97F9259C04C1B9E46F63E2516415A"><enum>(b)</enum><header>Investigation; preliminary order</header>
<paragraph id="HB56DD0E68A4549E193527C68A52923EC"><enum>(1)</enum><header>In general</header><text>Not later than 60 days after the date of receipt of a complaint filed under subsection (a) and
after affording the person named in the complaint an opportunity to submit
to the Secretary a written response to the complaint and an opportunity to
meet with a representative of the Secretary to present statements from
witnesses, the Secretary shall conduct an investigation and determine
whether there is reasonable cause to believe that the complaint has merit
and notify, in writing, by certified or registered mail, the complainant
and the third-party foreign labor recruiter or foreign labor contractor
alleged to have committed a material violation of this title of the
Secretary’s findings. If the Secretary concludes that there is a
reasonable cause to believe that a material violation of this title has
occurred, the Secretary shall accompany the Secretary’s findings with a
preliminary order providing the relief prescribed by subsection (c)(2).
Not later than 30 days after the date of notification of findings under
this subsection, either the person alleged to have committed the violation
or the complainant may file objections to the findings or preliminary
order, or both, and request a hearing on the record. Such hearings shall
be conducted expeditiously. If objections are not filed or a hearing is
not requested in such 30-day period, the preliminary order shall be deemed
a final order that is not subject to judicial review.</text>
</paragraph><paragraph id="HC320E7EB225C411DAD2520D83A8370C6"><enum>(2)</enum><header>Requirements</header>
<subparagraph id="HE8EB8DFB77904F338A2D4749B772F0DD"><enum>(A)</enum><header>Required showing by complainant</header><text>The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an
investigation otherwise required under paragraph (1) unless the
complainant makes a prima facie showing that any alleged violation of this
title is a material violation and that the complainant suffered harm as a
result of such alleged material violation.</text>
</subparagraph><subparagraph id="H4C813612F5F64BE4B30DE4486EEA9AF2"><enum>(B)</enum><header>Criteria for determination by Secretary</header><text>The Secretary may determine that a violation of this title has occurred only if the complainant
demonstrates by a preponderance of the evidence that the violation was
material and that the complainant suffered harm as a result of the
violation.</text>
</subparagraph></paragraph></subsection><subsection id="H1CA8B051E73648D7B4F16F51FB305959"><enum>(c)</enum><header>Final order</header>
<paragraph id="H5DC9EB5E03FC409EAF76F568FFA8B1BA"><enum>(1)</enum><header>Deadline for issuance; settlement agreements</header><text>Not later than 120 days after the date of conclusion of a hearing under subsection (b)(1), the
Secretary shall issue a final order providing the relief prescribed by
paragraph (2) or denying the complaint. At any time before issuance of a
final order, a proceeding under this subsection may be terminated on the
basis of a settlement agreement entered into by the Secretary, the
complainant, and the third-party foreign labor recruiter or foreign labor
contractor alleged to have committed the violation.</text>
</paragraph><paragraph id="H655C6861EBB14D3B89036473A19AB9C2"><enum>(2)</enum><header>Remedy</header><text>If, in response to a complaint filed under subsection (a), the Secretary determines that a material
violation of this title has occurred, the Secretary shall order the
third-party foreign labor recruiter or foreign labor contractor who
committed such violation to—</text>
<subparagraph id="HCB3B946B2EF04020B60A81A013E07E20"><enum>(A)</enum><text>take affirmative action to abate the violation;</text>
</subparagraph><subparagraph id="H4CF06C1C0C484DD886640CBBC86BCD6E"><enum>(B)</enum><text>provide compensatory damages to the complainant; and</text>
</subparagraph><subparagraph id="H1AB7D110B79D47D2860A85339D8BD02A"><enum>(C)</enum><text>at the request of the complainant, shall assess against the third-party foreign labor recruiter or
foreign labor contractor a sum equal to the aggregate amount of all costs
and expenses (including attorneys’ fees) reasonably incurred, as
determined by the Secretary, by the complainant for, or in connection
with, the bringing the complaint upon which the order was issued.</text>
</subparagraph></paragraph><paragraph id="HA0CA4D5A938247FB9384D1F442DC9480"><enum>(3)</enum><header>Frivolous complaints</header><text>If the Secretary determines that a complaint under subsection (a) is frivolous or has been brought
in bad faith, the Secretary shall award to the prevailing third-party
foreign labor recruiter foreign labor contractor reasonable attorneys’
fees and costs associated with defending against such frivolous complaint.</text>
</paragraph></subsection><subsection id="H3417F6B739A14058952E94EF9684C977"><enum>(d)</enum><header>Judicial review</header>
<paragraph id="H3DC7ED1AFFAC499A94EC22E2F615D8B4"><enum>(1)</enum><header>Appeal to court of appeals</header><text>A complainant or third-party foreign labor recruiter or foreign labor contractor adversely affected
or aggrieved by an order issued under subsection (c) may obtain review of
the order in the United States Court of Appeals for the circuit in which
the violation, with respect to which the order was issued, allegedly
occurred or the circuit in which the complainant resided on the date of
such alleged violation. The petition for review must be filed not later
than 60 days after the date of the issuance of the final order of the
Secretary. Review shall conform to <external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/7">chapter 7</external-xref> of title 5, United States
Code.</text>
</paragraph><paragraph id="HD14230C8E6D24838A79AA26EC72A5B78"><enum>(2)</enum><header>Limitation on collateral attack</header><text>An order of the Secretary with respect to which review could have been obtained under subparagraph
(A) shall not be subject to judicial review in any criminal or other civil
proceeding.</text>
</paragraph></subsection><subsection id="H07ABF77F1F1F419E8E97582FCF927F8E"><enum>(e)</enum><header>Enforcement of order by Secretary of Homeland Security</header><text>Whenever any person has failed to comply with an order issued under subsection (c), the Secretary
may file a civil action in the United States district court for the
district in which the violation was found to have occurred to enforce such
order. The Department of Justice shall represent the Department of
Homeland Security in any such action. In actions brought under this
paragraph, the district courts shall have jurisdiction to grant all
appropriate relief including, but not limited to, injunctive relief and
compensatory damages.</text>
</subsection><subsection id="HDDCA2E2F28754B568F40CF922FDF59C4"><enum>(f)</enum><header>Enforcement of order by parties</header>
<paragraph id="HB3765431EDBC4074910D45EC2F4C50D8"><enum>(1)</enum><header>Commencement of action</header><text>A person on whose behalf an order was issued under subsection (c) may commence a civil action
against the person to whom such order was issued to require compliance
with such order. The appropriate United States district court shall have
jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce such order.</text>
</paragraph><paragraph id="HC5235C61C03A43CBA3ED20B380E3EE58"><enum>(2)</enum><header>Attorneys’ fees</header><text>The district court, in issuing any final order under this paragraph, may award costs of litigation
(including reasonable attorneys’ fees) to any party whenever the court
determines such award is appropriate.</text>
</paragraph></subsection><subsection id="H9ED31DCE6AB140CEB24D9C828A8E8A45"><enum>(g)</enum><header>Treatment of employers that hire unregistered third-Party foreign labor recruiters</header>
<paragraph id="H3E354DF04C69429AA5085FA9DBCB765F"><enum>(1)</enum><header>In general</header><text>An employer who hires a third-party foreign labor recruiter that is not registered under section
104 shall, for purposes of this section, be treated as the third-party
foreign labor recruiter (including with regard to notice, opportunity to
be heard, and the right to appeal) if the unregistered third-party foreign
labor recruiter is not subject to the jurisdiction of the courts of the
United States or if the Secretary determines that the circumstances are
such that enforcing the provisions of this section against the
unregistered foreign labor recruiter would be unreasonably difficult.</text>
</paragraph><paragraph id="H260801B4C1194D27AA7DCF11D91F2A5E"><enum>(2)</enum><header>Exception</header><text>Paragraph (1) shall not apply if, in retaining the third-party labor recruiter, the employer relied
upon inaccurate or outdated information maintained by the Secretary
pursuant to section 106.</text>
</paragraph></subsection></section><section id="H2E88F953CBA44D22BA97A2A50F7D0629"><enum>108.</enum><header>Regulations; effective date; report</header>
<subsection id="H8758DBE2E2A44E53859FA5E0A4206A83"><enum>(a)</enum><header>Regulations</header><text>The Secretary and Secretary of State shall, not later than one year after the date of the enactment
of this Act, prescribe regulations to implement this title and develop
policies and procedures to enforce the provisions of this title.</text>
</subsection><subsection id="HF9543E9C4DCA4DED9EE904C6DA898786"><enum>(b)</enum><header>Effective date</header><text>The provisions of this title shall be effective upon the promulgation of the final regulations
described in subsection (a) and shall apply to foreign labor contracting
activity taking place on or after the effective date.</text>
</subsection><subsection id="H86C417DCCAA34C0A96EB67F70BC91164"><enum>(c)</enum><header>Report</header><text>Not later than one year after the effective date, and annually for each of the following four
years, the Secretary shall provide to the appropriate Congressional
committees a report that includes the following information for the
preceding year:</text>
<paragraph id="H86EEEA94B0434B6A8E5C86F8BE17540F"><enum>(1)</enum><text>Regarding complaints filed pursuant to section 107(a)—</text>
<subparagraph id="H3F0894E1F7304632B2561C5FBD811341"><enum>(A)</enum><text>the number filed, both in total and broken out by visa category of the complaining worker;</text>
</subparagraph><subparagraph id="H245DE6EA7E7D4F9F9E5945CADA945F55"><enum>(B)</enum><text>the number that were held to be time-barred;</text>
</subparagraph><subparagraph id="H73C14DCA5AAE4777A98D1390422D01AA"><enum>(C)</enum><text>the number that resulted in a determination by the Secretary of a material violation of the
requirements of this title, and a general description of the types of
violations encountered during the year; and</text>
</subparagraph><subparagraph id="HAF7C22C78A43495E94A657D67584F906"><enum>(D)</enum><text>the total number of final orders issued by the Secretary granting relief to a complaining worker, a
general description of the types of remedies that were granted, and a
general description of compensatory damages awarded during the year
(including the range and the average of damages provided, both in total
and broken out by visa category of the complaining worker).</text>
</subparagraph></paragraph><paragraph id="H2932C10F8047413F8B9E8FCE6FE3DC70"><enum>(2)</enum><text>Regarding the registration of third-party foreign labor recruiters pursuant to section 104:</text>
<subparagraph id="H2A38A52CCF40431CB9387A3E90CF213F"><enum>(A)</enum><text>the number of applications received, both in total and by country;</text>
</subparagraph><subparagraph id="H5311B9F024814D75A5B17F83C54FDDE9"><enum>(B)</enum><text>the number of certifications granted, both in total and by country;</text>
</subparagraph><subparagraph id="H8E6BB1BA01654D48931B7F1945C08C2F"><enum>(C)</enum><text>the number of certifications refused, both in total and by country; and</text>
</subparagraph><subparagraph id="HC95F1388FF5D4A42B542DBE7FCE86AF0"><enum>(D)</enum><text>the number of certifications revoked, both in total and by country.</text>
</subparagraph></paragraph></subsection><subsection id="HEBF19654E6FE4359AC45600F56C2312A"><enum>(d)</enum><header>Appropriate Congressional Committees</header><text>For purposes of this section, <quote>appropriate congressional committees</quote> means—</text>
<paragraph id="HD66A04E1D49744CA8478E57A3716A835"><enum>(1)</enum><text>the Committee on Education and the Workforce, the Committee on Homeland Security, the Committee on
the Judiciary, and the Committee on Foreign Affairs of the House; and</text>
</paragraph><paragraph id="H44ECCAE8D09E4D968EC00556F10B9825"><enum>(2)</enum><text>the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and
the Committee on Foreign Relations of the Senate.</text>
</paragraph></subsection></section><enum>II</enum><header>Other provisions</header>
<section commented="no" id="HCD118141F4F949A8BC817F057BFA97E1"><enum>201.</enum><header>Ensuring that foreign assistance does not contribute to human trafficking</header><text display-inline="no-display-inline">Section 106 of the Trafficking Victims Protection Act of 2000 (<external-xref legal-doc="usc" parsable-cite="usc/22/7104">22 U.S.C. 7104</external-xref>) is amended—</text>
<paragraph commented="no" id="H3532382F53B54068ABD5037C1391A090"><enum>(1)</enum><text>by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and</text>
</paragraph><paragraph commented="no" id="HA53951EB734C4FB99B3F03F4BB9CC192"><enum>(2)</enum><text>by inserting after subsection (h) the following:</text>
<quoted-block id="HEB3322F381F14E808608EF77785DE58B" style="OLC">
<clause commented="no" id="H7E7ECCD88BD644BCAD453C50102C1123"><enum>(i)</enum><header>Prevention of trafficking in conjunction with foreign assistance</header><text>The United States Agency for International Development and the Department of State shall make
reasonable efforts to incorporate anti-trafficking and anti-slavery
priorities into other aspects of foreign assistance, including the
maintenance of systems, such as appropriate supply chain monitoring, to
ensure that assistance programs do not contribute to vulnerability to, or
the prevalence of, human trafficking and slavery, consistent with this
Act.</text></clause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section commented="no" id="H3E5A76097CAF485F9C7DBBD05AE66881"><enum>202.</enum><header>Obligations of United States consular officers</header><text display-inline="no-display-inline">Section 214 of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1184">8 U.S.C. 1184</external-xref>) is amended by adding at the end
the following:</text>
<quoted-block id="HC522A8618BC74BDDAF7FB7C98832F8D7" style="OLC">
<subsection commented="no" id="H601A86C939EB4786B06C1A73535512D2"><enum>(s)</enum><text display-inline="yes-display-inline">A visa shall not be issued under the subparagraph (A)(iii), (B)(i) (but only for domestic servants
described in clause (i) or (ii) of <external-xref legal-doc="usc" parsable-cite="usc/8/274a">section 274a.12(c)(17)</external-xref> of title 8, Code
of Federal Regulations (as in effect on December 4, 2007)), (G)(v), (H),
(J) (but only for applicants for the Summer Work Travel Program described
in <external-xref legal-doc="regulation" parsable-cite="cfr/22/62.32">section 62.32</external-xref> of title 22, Code of Federal Regulations (as in effect on
May 11, 2012)), or (R) of section 101(a)(15) until the consular officer—</text>
<paragraph commented="no" id="H5360F5026C364EE797495CA9A672A6A5"><enum>(1)</enum><text display-inline="yes-display-inline">has provided to and reviewed with the applicant, in the applicant’s language (or a language the
applicant understands), a copy of the information and resources pamphlet
required by section 202 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (<external-xref legal-doc="usc" parsable-cite="usc/8/1375c">8 U.S.C. 1375c</external-xref>); and</text>
</paragraph><paragraph commented="no" id="HA123AE0F8DAF4059A559FA435EDD6E2E"><enum>(2)</enum><text>has reviewed and made a part of the visa file the foreign labor recruiter disclosures required by
title I of the Fraudulent Overseas Recruitment and Trafficking Elimination
Act of 2014, as well as a notation of whether the foreign labor recruiter
is registered pursuant section 104 of that Act.</text></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</section>