[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2910 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2910

     To increase the wages and benefits of blue collar workers by 
  strengthening labor provisions in the H-2B program, to provide for 
        labor recruiter accountability, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2009

  Mr. Sanders introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To increase the wages and benefits of blue collar workers by 
  strengthening labor provisions in the H-2B program, to provide for 
        labor recruiter accountability, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Increasing 
American Wages and Benefits Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--LABOR PROTECTIONS

Sec. 101. Enforcement of Federal labor laws relating to H-2B 
                            nonagricultural guest workers.
Sec. 102. Recruitment of United States workers.
Sec. 103. Prevailing wages for United States workers and H-2B workers.
Sec. 104. Certification requirement.
Sec. 105. Protections for workers.
Sec. 106. Petitions by employers that have signed labor agreements with 
                            unions that operate hiring halls.
Sec. 107. H-2B nonimmigrant labor certification application fees.
                TITLE II--LABOR RECRUITER ACCOUNTABILITY

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Protections for workers recruited abroad.
Sec. 204. Enforcement provisions.
Sec. 205. Procedures in addition to other rights of employees.
Sec. 206. Rulemaking.

                       TITLE I--LABOR PROTECTIONS

SEC. 101. ENFORCEMENT OF FEDERAL LABOR LAWS RELATING TO H-2B 
              NONAGRICULTURAL GUEST WORKERS.

    (a) In General.--Section 214(c)(14) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(14)) is amended--
            (1) in subparagraph (A), by striking ``of Homeland 
        Security'' each place it appears and inserting ``of Labor'';
            (2) by striking subparagraph (B);
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively; and
            (4) by adding at the end the following:
    ``(D) The Secretary of Labor is 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 assure employer compliance with the terms and 
conditions required under this Act for employing nonimmigrant workers 
described in section 101(a)(15)(H)(ii)(b), and as required under the 
Increasing American Wages and Benefits Act of 2010. The authority of 
the Secretary of Labor under this subparagraph shall not preempt any 
other rights which affected persons may have under Federal or State 
law.
    ``(E) Any aggrieved person whose wages or working conditions have 
been directly and adversely affected by an employer in violation of 
applicable laws and regulations governing the employment of 
nonimmigrant workers described in section 101(a)(15)(H)(ii)(b), or by a 
violation of the terms and conditions of employment, may bring a civil 
action against such employer in the appropriate district court of the 
United States. Such cause of action shall not be subject to exhaustion 
of administrative remedies and shall be in addition to any other causes 
of action and remedies that may exist.
    ``(F) Notwithstanding any other provision of law, the Legal 
Services Corporation may provide legal services on behalf of 
nonimmigrant workers described in section 101(a)(15)(H)(ii)(b) 
regarding the terms and conditions of employment, transportation, and 
housing and other provisions of law applicable to the employment of 
such nonimmigrants.''.
    (b) Report.--Section 214(g)(10) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(10)) is amended--
            (1) by inserting ``(A)'' after ``(10)''; and
            (2) by adding at the end the following:
    ``(B) Each employer that hires a nonimmigrant worker described in 
section 101(a)(15)(H)(ii)(b) shall--
            ``(i) notify the Secretary of Labor not later than 30 days 
        after the conclusion of each such nonimmigrant's term of 
        employment; and
            ``(ii) submit to the Secretary of Labor employment payroll 
        records and similar documentation showing that the employer 
        paid the required prevailing wage and transportation, and other 
        expenses required under this section and section 212.''.

SEC. 102. RECRUITMENT OF UNITED STATES WORKERS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended--
            (1) in subsection (p)(3), by striking ``(a)(5)(A), 
        (n)(1)(A)(i)(II),'' and inserting ``(n)(1)(A)(i)(II)'';
            (2) by redesignating subsection (t) (as added by section 
        1(b)(2)(B) of Public Law 108-449) as subsection (u); and
            (3) by adding at the end the following:
    ``(v)(1) Except as provided under paragraph (5), an employer that 
seeks to employ an alien described in section 101(a)(15)(H)(ii)(b) 
(referred to in this subsection as an `H-2B nonimmigrant') shall take 
the following steps to recruit United States workers for the position 
for which the alien is sought not later than 14 days before filing an 
application under paragraph (3):
            ``(A) The employer shall submit a copy of the job offer, 
        including a description of the wages and other terms and 
        conditions of employment, to the State Workforce Agency that 
        serves the area of employment in the State in which the 
        employer is located (referred to in this subsection as the 
        `SWA'). The SWA shall provide the employer with an 
        acknowledgment of receipt of such documentation in accordance 
        with this paragraph.
            ``(B) The employer shall authorize the SWA to post the job 
        opportunity on the Internet through the web site for `America's 
        Job Bank', with local job banks, and with unemployment agencies 
        and other labor referral and recruitment sources pertinent to 
        such job opportunity.
            ``(C) The employer shall authorize the SWA to provide 
        notification of the job opportunity, and the SWA shall 
        designate that these are job opportunities for which H-2B visas 
        have been requested, to--
                    ``(i) the central office of the State Federation of 
                Labor in the State in which the job is located; and
                    ``(ii) the office of the local union which 
                represents the employees in the same or substantially 
                equivalent job classification, if applicable.
            ``(D) The employer shall post the availability of the job 
        opportunity for which the employer is seeking a worker in 
        conspicuous locations at the place of employment for all 
        employees to see.
            ``(E) The employer shall advertise the availability of the 
        job opportunity for which the employer is seeking a worker in a 
        publication with the highest circulation in the labor market 
        that is likely to be patronized by a potential worker for at 
        least 5 consecutive days.
            ``(F) Based on recommendations by the local job service, 
        the employer shall advertise the availability of the job 
        opportunity in professional, trade, or local minority and 
        ethnic publications that are likely to be patronized by a 
        potential worker.
    ``(2) An employer that seeks to employ an H-2B nonimmigrant shall--
            ``(A) first offer the job to any eligible United States 
        worker who--
                    ``(i) applies;
                    ``(ii) is qualified for the job; and
                    ``(iii) is available at the time of need; and
            ``(B) maintain, for at least 3 years after the employment 
        relation is terminated, documentation of recruitment efforts 
        and responses conducted and received before filing an 
        application with the Department of Labor, including--
                    ``(i) resumes;
                    ``(ii) applications; and
                    ``(iii) tests of United States workers who applied 
                and were not hired for the job the employer seeks to 
                fill with a nonimmigrant worker, if applicable.
    ``(3) An employer that seeks to hire an H-2B nonimmigrant shall 
submit an application to the Secretary of Labor that includes a 
certification, under penalty of perjury, that--
            ``(A) the employer has not made a job offer to a United 
        States worker, which imposed restrictions or obligations that 
        will not be imposed on an H-2B nonimmigrant;
            ``(B) the employer has complied with the recruitment 
        requirements under paragraph (1);
            ``(C) the employer will offer an H-2B nonimmigrant not less 
        than the same benefits and working conditions provided to 
        United States workers similarly employed in the same 
        occupational classification at the same actual place of 
        employment in addition to paying an H-2B nonimmigrant a 
        prevailing wage rate not less than the wage rate offered to 
        United States workers;
            ``(D) there is currently no strike, lockout, or labor 
        dispute (as defined in section 2(9) of the Labor-Management 
        Relations Act (29 U.S.C. 152(9)), at the same place of 
        employment, which affects employees in the same occupational 
        classification in which an H-2B nonimmigrant will be employed;
            ``(E) the employer will comply with all applicable laws and 
        regulations relating to the right of workers to join or 
        organize a union (including rights protected under section 7 of 
        the Labor-Management Relations Act (29 U.S.C. 157));
            ``(F) the employer has--
                    ``(i) provided notice of the filing of an 
                application to the bargaining representative of 
                employees, if any, working in the same occupational 
                classification at the place of employment as an H-2B 
                nonimmigrant who the employer intends to employ; or
                    ``(ii) if there is no such bargaining 
                representative, posted notice of filing such 
                application in conspicuous locations at the place of 
                employment for all employees to see for not fewer than 
                14 business days; and
            ``(G) the requirements applicable to the job, which the 
        employer intends to hire an H-2B nonimmigrant to perform, 
        represent the actual minimum requirements applicable to that 
        job and the employer will not hire an H-2B nonimmigrant to 
        perform the job who has less training or experience than the 
        employer's other employees.
    ``(4)(A) An employer that applies to hire an H-2B nonimmigrant 
shall hire any qualified United States worker who applies for the job 
for which such nonimmigrant was intended to be employed if such United 
States worker applies before the date that is 30 days before the date 
on which the last such H-2B nonimmigrant is scheduled to begin work for 
such employer.
    ``(B) The Secretary of Labor, through the workforce agency of a 
State, as appropriate, shall provide information about applications for 
H-2B nonimmigrants, including information about domestic workers who 
apply for jobs but are not hired, to a United States worker, nonprofit 
organization, or union not later than 48 hours after such worker, 
organization, or union requests such information.''.

SEC. 103. PREVAILING WAGES FOR UNITED STATES WORKERS AND H-2B WORKERS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), 
as amended by section 102, is further amended by adding at the end the 
following:
    ``(w)(1) No alien may be admitted or provided status as a 
nonimmigrant under section 101(a)(15)(H)(ii)(b) in an occupational 
classification unless the Secretary of Labor certifies that the 
employer--
            ``(A) is offering and will offer during the period of 
        authorized employment to aliens admitted or provided such 
        status the wage rate set forth in the collective bargaining 
        agreement, if the job opportunity is covered by a collective 
        bargaining agreement;
            ``(B) if the job opportunity is not covered by a collective 
        bargaining agreement, the wage the employer is offering and 
        will offer, to any alien or United States worker employed by or 
        offered employment by the employer, during the period of 
        authorized employment for aliens admitted or provided such 
        status, wages that are not less than the higher of--
                    ``(i) the wage determination, if any, issued 
                pursuant to subchapter IV of chapter 31 of title 40, 
                United States Code (commonly known as the `Davis-Bacon 
                Act');
                    ``(ii) the wage determination, if any, issued 
                pursuant to the Service Contract Act of 1965 (41 U.S.C. 
                351 et seq.);
                    ``(iii) the median rate of the highest 66 percent 
                of the wage data applicable to such occupational 
                classification under the most recently published 
                Occupational Employment Statistics Survey, compiled by 
                the Bureau of Labor Statistics; or
                    ``(iv) a wage that is not less than 150 percent of 
                the Federal minimum wage in effect under the Fair Labor 
                Standards Act (29 U.S.C. 201 et seq.); and
            ``(C) will provide working conditions for such alien that 
        will not adversely affect the working conditions of workers 
        similarly employed.
    ``(2) An employer may not appeal a decision of the Secretary of 
Labor concerning the wages required to be paid under paragraph (1)(A) 
unless United States workers and their labor representatives are given 
the opportunity to submit contrary evidence or appeal that such 
required wages are too low.
    ``(3) An employer may not hire a nonimmigrant described in section 
101(a)(15)(H)(ii)(b) unless--
            ``(A) real prevailing wages in the occupational 
        classification in which such nonimmigrant is to be hired are at 
        least 3 percent higher than such wages during the preceding 
        year under the Occupational Employment Statistics Survey 
        compiled by the Bureau of Labor Statistics; or
            ``(B) the employer offers to pay the H-2B worker or a 
        United States worker a wage in the occupational classification 
        in which such worker is to be hired that is at least 3 percent 
        higher during the preceding year, after adjusting for inflation 
        under the Occupational Employment Survey.''.

SEC. 104. CERTIFICATION REQUIREMENT.

    Section 214(c)(14) of the Immigration and Nationality Act, as 
amended by section 101, is further amended by adding at the end the 
following:
    ``(G) A petition by an employer seeking to hire an alien described 
in section 101(a)(15)(H)(ii)(b) shall not be approved until the 
employer has provided written certification, under penalty of perjury, 
to the Secretary of Labor that--
            ``(i) the employer has not been required under law to 
        provide a notice of a mass layoff pursuant to the Worker 
        Adjustment and Retraining Notification Act (29 U.S.C. 2101 et 
        seq.) during the 12-month period immediately preceding the date 
        on which the alien is to be hired; and
            ``(ii) the employer does not intend to provide a notice of 
        a mass layoff pursuant to such Act.
    ``(H) If an employer is required under law to provide a notice of a 
mass layoff pursuant to such Act after hiring nonimmigrants granted 
status under section 101(a)(15)(H)(ii)(b), the status of such 
nonimmigrants shall expire on the date that is 60 days after the date 
on which such notice is provided.
    ``(I) An employer shall be exempt from the requirements under 
subparagraphs (G) and (H) if the employer provides written 
certification, under penalty of perjury, that the total number of the 
employer's employees in the United States will not be reduced as a 
result of a mass layoff.''.

SEC. 105. PROTECTIONS FOR WORKERS.

    Section 214(c)(14) of the Immigration and Nationality Act, as 
amended by sections 101 and 104, is further amended by adding at the 
end the following:
    ``(J) Employers who hire nonimmigrants described in section 
101(a)(15)(H)(ii)(b) shall reimburse the nonimmigrants for the 
reasonable transportation costs incurred by such nonimmigrants and 
United States workers to initially reach the job site and, once the 
period of employment for the job opportunity is completed, to return to 
their countries of origin or to the next place of employment, if the 
worker has contracted with a subsequent employer who has not agreed to 
provide or pay for the worker's transportation to such subsequent 
employer's place of employment. The amount of reimbursement for such 
transportation expenses shall not exceed the lesser of--
            ``(i) the actual cost to the worker or alien of the 
        transportation and subsistence involved; or
            ``(ii) the most economical and reasonable common carrier 
        transportation charges and subsistence costs for the distance 
        involved.
    ``(K)(i) Employers who hire nonimmigrants described in section 
101(a)(15)(H)(ii)(b) shall guarantee to offer the worker employment for 
at least 75 percent of the workdays of the total periods during which 
the work contract and all extensions of such contract are in effect, 
beginning with the first workday after the arrival of the worker at the 
place of employment and ending on the expiration date specified in the 
work contract or in its extensions, if any.
    ``(ii) If the employer affords a worker during the total work 
contract period less employment than that required under this 
subparagraph, the employer shall pay the worker the amount which the 
worker would have earned had the worker worked for the guaranteed 
number of days.
    ``(iii) In this subparagraph, the term `workday'--
            ``(I) means a day in which the worker is offered the number 
        of hours stated in the job order; and
            ``(II) excludes the worker's Sabbath and Federal holidays.
    ``(iv) A work guarantee does not meet the requirements under this 
subparagraph unless the number of hours of work offered by the employer 
is equal to not less than the product of--
            ``(I) 75 percent of the workdays; multiplied by
            ``(II) the average number of hours per day stated in the 
        job order.
    ``(v) A worker may be offered more than the specified hours of work 
on a single workday.
    ``(vi) The employer may not require, for purposes of meeting the 
work guarantee, that the worker work longer than the number of hours 
specified in the job order on a workday, the worker's Sabbath, or a 
Federal holiday.
    ``(L) If the job opportunity is not covered by the State workers' 
compensation law, the employer will provide, at no cost to the worker, 
insurance covering injury and disease arising out of, and in the course 
of, the worker's employment which will provide benefits at least equal 
to those provided under the State's workers' compensation law for 
comparable employment.''.

SEC. 106. PETITIONS BY EMPLOYERS THAT HAVE SIGNED LABOR AGREEMENTS WITH 
              UNIONS THAT OPERATE HIRING HALLS.

    Section 212(v) of the Immigration and Nationality Act, as added by 
section 102, is amended by adding at the end the following:
    ``(5) An employer that seeks to hire an H-2B nonimmigrant may file 
an application with the Secretary of Labor in accordance with this 
paragraph, instead of complying with paragraphs (1) through (4), if--
            ``(A) the employer has signed a labor agreement with a 
        labor organization (as defined in section 2(5) of the Labor-
        Management Relations Act (29 U.S.C. 152(5)) under which the 
        labor organization is responsible for referring applicants for 
        employment to the employer under a procedure commonly known as 
        a `hiring hall' or `referral hall'; and
            ``(B) the application is accompanied by a written statement 
        prepared by the labor organization attesting that--
                    ``(i) the labor organization operates a hiring hall 
                that, pursuant to contractual agreement and actual 
                practice, is a source of employees in the same or 
                substantially equivalent occupational classification in 
                which the employer seeks to employ an H-2B 
                nonimmigrant;
                    ``(ii) the labor organization does not have a 
                sufficient number of qualified applicants available for 
                referral in the same or substantially equivalent 
                occupational classification in which the employer seeks 
                to employ an H-2B nonimmigrant;
                    ``(iii) the labor organization has advertised, for 
                at least 5 consecutive days, the availability of the 
                job opportunity for which the employer is seeking to 
                employ an H-2B nonimmigrant in the publication with the 
                highest circulation in the labor market that is likely 
                to be patronized by potential applicants;
                    ``(iv) the employer is contractually obligated to 
                pay all employees, in the same or substantially 
                equivalent occupational classification in which the 
                employer seeks to employ an H-2B nonimmigrant, wages 
                and benefits set forth in a labor agreement with the 
                labor organization, which equals or exceeds the 
                prevailing wage rate the employer would be obligated to 
                pay; and
                    ``(v) the H-2B nonimmigrants who the employer seeks 
                to employ will be paid not less than the same wages and 
                benefits and be subject to the same terms and 
                conditions of employment set forth in the employer's 
                labor agreement with the labor organization.''.

SEC. 107. H-2B NONIMMIGRANT LABOR CERTIFICATION APPLICATION FEES.

    (a) Establishment of Fees.--Section 212(a)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at 
the end the following:
                            ``(v) Establishment of h-2b employment 
                        certification application fee.--
                                    ``(I) In general.--The Secretary of 
                                Labor shall impose a fee on an employer 
                                that submits an application for an 
                                employment certification for aliens 
                                granted nonimmigrant status under 
                                section 101(a)(15)(H)(ii)(b) to the 
                                Secretary of Labor under this 
                                subparagraph on or after the date that 
                                is 30 days after the date of enactment 
                                of the Increasing American Wages and 
                                Benefits Act of 2010.
                                    ``(II) Fee during initial year.--
                                During the period beginning 30 days 
                                after the date of enactment of the 
                                Increasing American Wages and Benefits 
                                Act of 2010 and ending 1 year after 
                                such date, the fee imposed under 
                                subclause (I) shall be $800 for each 
                                application.
                                    ``(III) Fee after initial year.--
                                After the date that is one year after 
                                the date of enactment of the Increasing 
                                American Wages and Benefits Act of 
                                2010, the fee imposed under subclause 
                                (I) shall be set at a level the 
                                Secretary of Labor determines will 
                                ensure recovery of the full costs of 
                                carrying out labor certification 
                                activities under this subparagraph and 
                                will recover any additional costs 
                                associated with the administration of 
                                the fees collected.
                                    ``(IV) Prohibition on employer 
                                accepting reimbursement of fee.--
                                            ``(aa) In general.--An 
                                        employer subject to a fee under 
                                        this clause shall not require 
                                        or accept reimbursement, 
                                        directly or indirectly, of or 
                                        other compensation for all or 
                                        part of the cost of such fee.
                                            ``(bb) Civil penalty.--If 
                                        the Secretary of Labor 
                                        determines, after notice and 
                                        opportunity for a hearing, that 
                                        an employer has violated item 
                                        (aa), the Secretary of Labor 
                                        may impose a civil penalty on 
                                        such employer in an amount not 
                                        to exceed $5,000 per violation.
                                    ``(V) Deposit of fees and 
                                penalties.--Fees and civil penalties 
                                collected under this clause shall be 
                                deposited in the `H-2B Employment 
                                Certification Application Fee Account' 
                                established under section 286(w).''.
    (b) Establishment of Account and Use of Fund.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following:
    ``(w) H-2B Employment Certification Application Fee Account.--
            ``(1) Establishment of account.--There is established in 
        the general fund of the Treasury a separate account, which 
        shall be known as the `H-2B Employment Certification 
        Application Fee Account'. Notwithstanding any other provision 
        of this title, there shall be deposited as offsetting receipts 
        into the account all amounts from the fees and civil penalties 
        collected under section 212(a)(5)(A)(v).
            ``(2) Use of fees.--Of the amounts deposited into the H-2B 
        Employment Certification Application Fee Account under this 
        subsection in each fiscal year, the Secretary of Labor shall 
        use such amounts as the Secretary of Labor determines are 
        necessary--
                    ``(A) for the costs of Federal administration, 
                including personnel, in carrying out labor 
                certification activities under section 212(a)(5)(A); 
                and
                    ``(B) to assist the States, as appropriate, in the 
                determination of prevailing wages for purposes of 
                carrying out such section.
            ``(3) Availability of funds.--The fees deposited into the 
        H-2B Employment Certification Application Fee Account under 
        this subsection shall remain available until expended for the 
        activities described in paragraph (2).''.
    (c) Program Integrity.--Section 212(a)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(5)(A)), as amended by subsection (a), 
is further amended by adding at the end the following:
                            ``(vi) Program integrity regulations.--The 
                        Secretary of Labor may prescribe such 
                        regulations as may be necessary to ensure the 
                        integrity of the labor certification process 
                        carried out under this subparagraph. Such 
                        regulations may include standards and 
                        procedures under which employers and their 
                        representatives are excluded from participation 
                        in the labor certification process under this 
                        subparagraph.''.

                TITLE II--LABOR RECRUITER ACCOUNTABILITY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Indentured Servitude Abolition Act 
of 2010''.

SEC. 202. DEFINITIONS.

    (a) Fair Labor Standards Act of 1938.--Except as otherwise provided 
by this title, for purposes of this Act the terms used in this Act 
shall have the same meanings, respectively, as are given those terms in 
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
    (b) Other Definitions.--In this title:
            (1) Foreign labor contracting activity.--The term ``foreign 
        labor contracting activity'' means recruiting, soliciting, 
        hiring, employing, or furnishing, an individual who resides 
        outside of the United States to be employed in the United 
        States.
            (2) Foreign labor contractor.--The term ``foreign labor 
        contractor'' means any person who for any money or other 
        valuable consideration paid or promised to be paid, performs 
        any foreign labor contracting activity.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (4) State.--The term ``State'' means any State of the 
        United States and includes the District of Columbia, Puerto 
        Rico, Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and the Virgin Islands of the United States.
            (5) Worker.--The term ``worker'' means an individual who is 
        the subject of foreign labor contracting activity.

SEC. 203. PROTECTIONS FOR WORKERS RECRUITED ABROAD.

    (a) Basic Requirements.--
            (1) Disclosures of information.--Each employer and foreign 
        labor contractor who engages in foreign labor contracting 
        activity shall ascertain and disclose to each such worker who 
        is recruited for employment the following information at the 
        time of the worker's recruitment:
                    (A) The place of employment.
                    (B) The compensation for the employment.
                    (C) A description of employment activities.
                    (D) The period of employment.
                    (E) The transportation, housing, and any other 
                employee benefit to be provided and any costs to be 
                charged for each benefit.
                    (F) The existence of any arrangements with any 
                owner or agent of any establishment in the area of 
                employment under which the contractor or employer is to 
                receive a commission or any other benefit resulting 
                from any sales (including the provision of services) by 
                such establishment to the workers.
                    (G) Whether and the extent to which workers will be 
                compensated through workers' compensation, private 
                insurance, or otherwise for injuries or death, 
                including work related injuries and death, during the 
                period of employment and, if so, the name of the State 
                workers' compensation insurance carrier or the name of 
                the policyholder of the private insurance, the name and 
                the telephone number of each person who must be 
                notified of an injury or death, and the time period 
                within which such notice must be given.
                    (H) Any education or training to be provided or 
                made available, including the nature and cost of such 
                training, who will pay such costs, and whether the 
                training is a condition of employment, continued 
                employment, or future employment.
                    (I) A statement, approved by the Secretary of 
                Labor, describing the protections of this Act for 
                workers recruited abroad.
            (2) Prohibition on providing false information.--No foreign 
        labor contractor or employer shall knowingly provide false or 
        misleading information to any worker concerning any matter 
        required to be disclosed in paragraph (1).
            (3) Form of disclosure.--The information required to be 
        disclosed by paragraph (1) to workers shall be provided in 
        written form. Such information shall be provided in English or, 
        as necessary and reasonable, in the language of the worker 
        being recruited. The Department of Labor shall make forms 
        available in English, Spanish, and other languages, as 
        necessary, which may be used in providing workers with 
        information required under this section.
            (4) Prohibition on recruitment fees.--No fees may be 
        charged to a worker for recruitment.
            (5) Prohibition on violating the terms of a working 
        arrangement.--No employer or foreign labor contractor shall, 
        without justification, violate the terms of any working 
        arrangement made by that contractor or employer.
            (6) Prohibition on discrimination.--
                    (A) In general.--It shall be unlawful for an 
                employer or a foreign labor contractor to fail or 
                refuse to hire or to discharge any individual, or 
                otherwise discriminate against an individual with 
                respect to compensation, terms, conditions, or 
                privileges of employment because such individual's 
                race, color, creed, sex, national origin, religion, 
                age, or disability.
                    (B) Considerations.--For the purposes of 
                determining the existence of unlawful discrimination 
                under subparagraph (A)--
                            (i) in the case of a claim of 
                        discrimination based on race, color, creed, 
                        sex, national origin, or religion, the same 
                        legal standards shall apply as are applicable 
                        under title VII of the Civil Rights Act of 1964 
                        (42 U.S.C. 2000e et seq.);
                            (ii) in the case of a claim of 
                        discrimination based on unlawful discrimination 
                        based on age, the same legal standards shall 
                        apply as are applicable under the Age 
                        Discrimination in Employment Act of 1967 (29 
                        U.S.C. 621 et seq.); and
                            (iii) in the case of a claim of 
                        discrimination based on disability, the same 
                        legal standards shall apply as are applicable 
                        under title I of the Americans With 
                        Disabilities Act (42 U.S.C. 12101 et seq.).
    (b) Other Worker Protections.--
            (1) Notification requirements.--Each employer shall notify 
        the Secretary of the identity of any foreign labor contractor 
        involved in any foreign labor contractor activity for or on 
        behalf of the employer. The employer shall be subject to the 
        civil remedies of this Act for violations committed by such 
        foreign labor contractor to the same extent as if the employer 
        had committed the violation. The employer shall notify the 
        Secretary of the identity of such a foreign labor contractor 
        whose activities do not comply with this Act.
            (2) List of violators.--The Secretary shall maintain a list 
        of all foreign labor contractors whom the Secretary knows or 
        believes have been involved in violations of this Act, and make 
        that list publicly available. The Secretary shall provide a 
        procedure by which an employer, a foreign labor contractor, or 
        someone acting on behalf of such contractor may seek to have a 
        foreign labor contractor's name removed from such list by 
        demonstrating to the Secretary's satisfaction that the foreign 
        labor contractor has not violated this Act in the previous 5 
        years.
            (3) Prohibition on violation of written agreements.--A 
        foreign labor contractor may not violate, without 
        justification, the terms of any written agreements made with an 
        employer pertaining to any contracting activity or worker 
        protection under this Act.
    (c) Discrimination Prohibited Against Workers Seeking Relief Under 
This Act.--A person may not intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any manner discriminate against any worker 
because such worker has, with just cause, filed any complaint or 
instituted, or caused to be instituted, any proceeding under or related 
to this Act, or has testified or is about to testify in any such 
proceedings, or because of the exercise, with just cause, by such 
worker on behalf of himself or others of any right or protection 
afforded by this Act.

SEC. 204. ENFORCEMENT PROVISIONS.

    (a) Criminal Penalties.--
            (1) First conviction.--Any person who knowingly violates 
        this Act shall be fined under title 18, United States Code, or 
        imprisoned not more than 1 year, or both.
            (2) Subsequent convictions.--Upon conviction for a second 
        or subsequent violation of this Act, the defendant shall be 
        fined under title 18, United States Code, or imprisoned not 
        more than 3 years, or both.
    (b) Administrative Sanctions.--
            (1) Civil penalties.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may assess a civil money penalty of not more 
                than $5,000 on any person who violates this Act.
                    (B) Considerations.--In determining the amount of 
                any penalty to be assessed under subparagraph (A), the 
                Secretary shall take into account--
                            (i) the person's previous record of 
                        compliance with this Act, comparable 
                        requirements of the Fair Labor Standards Act of 
                        1938 (29 U.S.C. 201 et seq.), and regulations 
                        promulgated under such Acts; and
                            (ii) the gravity of the violation.
            (2) Use of prohibited contractor.--Any employer who uses 
        the services of a foreign labor contractor who is on the list 
        maintained by the Secretary pursuant to section 203(b)(2), 
        shall, if the actions of such foreign labor contractor have 
        contributed to a violation of this Act by the employer, be 
        fined $10,000 per violation in addition to any other fines or 
        penalties for which the employer may be liable for such 
        violation.
    (c) Actions by Secretary.--The Secretary may take such actions, 
including seeking appropriate injunctive relief and specific 
performance of contractual obligations, as may be necessary to ensure 
employer compliance with this Act, including required terms and 
conditions of employment.
    (d) Waiver of Rights.--Agreements by employees purporting to waive 
or to modify their rights under this Act shall be void as contrary to 
public policy.
    (e) Representation in Court.--Except as provided under section 
518(a) of title 28, United States Code, relating to litigation before 
the Supreme Court, the Solicitor of Labor may appear for and represent 
the Secretary in any civil litigation brought under this Act, but all 
such litigation shall be subject to the direction and control of the 
Attorney General.

SEC. 205. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.

    The rights and remedies provided to workers by this Act are in 
addition to any other contractual or statutory rights and remedies of 
the workers and are not intended to alter or affect such rights and 
remedies.

SEC. 206. RULEMAKING.

    The Secretary shall prescribe such regulations as may be necessary 
to carry out this Act.
                                 <all>