[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4586 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4586

To ensure that the provision of foreign assistance does not contribute 
   to human trafficking and to combat human trafficking by requiring 
 greater transparency in the recruitment of foreign workers outside of 
               the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2014

  Mr. Royce introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
  Committees on Foreign Affairs and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To ensure that the provision of foreign assistance does not contribute 
   to human trafficking and to combat human trafficking by requiring 
 greater transparency in the recruitment of foreign workers outside of 
               the United States, 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 ``Fraudulent 
Overseas Recruitment and Trafficking Elimination Act of 2014''.
    (b) Table of Contents.--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.

TITLE I--TRANSPARENCY IN THE RECRUITMENT OF FOREIGN WORKERS OUTSIDE OF 
                           THE UNITED STATES

SEC. 101. DEFINITIONS.

    As used in this title, the following definitions apply:
            (1) Employer.--The term ``employer'' 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.
            (2) Foreign labor contracting activity.--The term ``foreign 
        labor contracting activity'' 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 (29 U.S.C. 201 et seq.) 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.
            (3) Foreign labor contractor.--The term ``foreign labor 
        contractor'' 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--
                    (A) any Federal, State, or local governmental 
                entity;
                    (B) 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
                    (C) 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 (8 U.S.C. 1101 et seq.) 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.
            (4) Prospective worker.--The term ``prospective worker'' 
        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 (8 U.S.C. 1101(a)(22))) or an individual 
        lawfully admitted for permanent residence (as defined in 
        section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20))) who is 
        the subject of foreign labor contracting activity in 
        furtherance of employment in the United States pursuant to a 
        work-authorized nonimmigrant visa.
            (5) Secretary.--Except as otherwise specified in section 
        106, the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (6) Third-party foreign labor recruiter.--The term ``third-
        party foreign labor recruiter'' 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.
            (7) Work-authorized nonimmigrant visa.--The term ``work-
        authorized nonimmigrant visa'' means a nonimmigrant visa (as 
        defined in section 101(a)(26) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(26))) issued to a class of 
        nonimmigrant aliens listed in section 214(s) of such Act (8 
        U.S.C. 1184(s)) (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.
            (8) Worker.--The term ``worker'' 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 (8 U.S.C. 1324a(h)(3))).

SEC. 102. TRANSPARENCY IN FOREIGN RECRUITING BY FOREIGN LABOR 
              CONTRACTORS.

    (a) Provision of Immigration Documents.--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 (8 U.S.C. 1101 et seq.) 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).
    (b) Prohibition on False and Misleading Information.--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.

SEC. 103. TRANSPARENCY IN FOREIGN RECRUITING BY THIRD-PARTY FOREIGN 
              LABOR RECRUITERS.

    (a) Requirement for Disclosure.--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:
            (1) 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 (8 U.S.C. 1101 et 
        seq.) 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.
            (2) 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).
            (3) A statement, in a form specified by the Secretary--
                    (A) stating that--
                            (i) 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;
                            (ii) 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
                            (iii) 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;
                    (B) explaining that--
                            (i) 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
                            (ii) 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
                    (C) describing the protections afforded prospective 
                workers and workers by this section, section 202 of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1375c), and the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.), including--
                            (i) relevant information about the 
                        procedure for filing a complaint provided for 
                        in section 107; and
                            (ii) the telephone number for the national 
                        human trafficking resource center hotline 
                        number.
            (4) 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 (8 U.S.C. 1101 et seq.), a 
        signed copy of the work contract.
    (b) Relationship to Labor and Employment Laws.--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 (8 U.S.C. 1101 et seq.), 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 (8 U.S.C. 1184(s)), as added by section 
202 of this Act.
    (c) Prohibition on False and Misleading Information.--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).

SEC. 104. REGISTRATION OF THIRD-PARTY FOREIGN LABOR RECRUITERS.

    (a) Requirement To Register.--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.
    (b) Notification.--
            (1) Annual employer notification.--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.
            (2) Annual third-party foreign labor recruiter 
        notification.--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.
            (3) Noncompliance notification.--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.
            (4) Agreement.--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.
    (c) Regulations.--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--
            (1) 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;
            (2) a set of fingerprints of the applicant;
            (3) an expeditious means to update registrations and renew 
        certificates;
            (4) 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;
            (5) providing for cooperation in any investigation by the 
        Secretary or other appropriate authorities;
            (6) providing for consent to the forfeiture of any bond for 
        willful failure or refusal to comply with these provisions;
            (7) 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
            (8) providing for consultation with other appropriate 
        Federal agencies to determine whether any reason exists to deny 
        registration to a third-party foreign labor recruiter.
    (d) Term of Registration.--Unless suspended or revoked, a 
certificate under this section shall be valid for 2 years.
    (e) Application Fee.--
            (1) Requirement for fee.--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.
            (2) Amount of fee.--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.
    (f) Refusal To Issue; Revocation.--In accordance with regulations 
promulgated by the Secretary--
            (1) 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--
                    (A) the applicant for, or holder of, the 
                certification has knowingly made a material 
                misrepresentation in the application for such 
                certificate;
                    (B) 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--
                            (i) is a person who has been refused 
                        issuance or renewal of a certificate;
                            (ii) has had a certificate revoked; or
                            (iii) does not qualify for a certificate 
                        under this section;
                    (C) the applicant for, or holder of, the 
                certification has materially failed to comply with this 
                subsection; or
                    (D) 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
            (2) 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--
                    (A) any felony under State or Federal law, any 
                violation of section 274 of the Immigration and 
                Nationality Act (8 U.S.C. 1324), 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
                    (B) 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.
    (g) Re-Registration of Violators.--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.
    (h) Bonding Requirement.--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.

SEC. 105. THIRD-PARTY RECRUITMENT FEES.

    (a) Prohibition.--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.
    (b) No Requirement To Pay for Visa or Passport Fees.--Unless 
required by the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.), 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.

SEC. 106. MAINTENANCE AND POSTING OF LISTS.

    (a) In General.--The Secretary--
            (1) shall maintain an accurate list of all third-party 
        foreign labor recruiters registered pursuant to section 104 
        that identifies--
                    (A) the countries from which the contractors 
                recruit;
                    (B) the visa categories and occupations for which 
                the contractors recruit; and
                    (C) the States where recruited workers are 
                employed;
            (2) shall maintain a list of all third-party foreign labor 
        recruiters whose certificate of registration the Secretary has 
        revoked;
            (3) shall update the lists required by this subsection on 
        an ongoing basis, not less frequently than every 6 months;
            (4) shall make such lists publicly available, including 
        through continuous publication on Internet websites; and
            (5) 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.
    (b) Responsibilities of the Secretary of State.--
            (1) Overseas availability of foreign labor contractor 
        lists.--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.
            (2) Designation of personnel to receive complaints 
        overseas.--The Secretary of State shall--
                    (A) 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
                    (B) 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).

SEC. 107. ENFORCEMENT.

    (a) Filing and Notification.--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).
    (b) Investigation; Preliminary Order.--
            (1) In general.--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.
            (2) Requirements.--
                    (A) Required showing by complainant.--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.
                    (B) Criteria for determination by secretary.--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.
    (c) Final Order.--
            (1) Deadline for issuance; settlement agreements.--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.
            (2) Remedy.--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--
                    (A) take affirmative action to abate the violation;
                    (B) provide compensatory damages to the 
                complainant; and
                    (C) 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.
            (3) Frivolous complaints.--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.
    (d) Judicial Review.--
            (1) Appeal to court of appeals.--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 chapter 7 
        of title 5, United States Code.
            (2) Limitation on collateral attack.--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.
    (e) Enforcement of Order by Secretary of Homeland Security.--
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.
    (f) Enforcement of Order by Parties.--
            (1) Commencement of action.--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.
            (2) Attorneys' fees.--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.
    (g) Treatment of Employers That Hire Unregistered Third-Party 
Foreign Labor Recruiters.--
            (1) In general.--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.
            (2) Exception.--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.

SEC. 108. REGULATIONS; EFFECTIVE DATE; REPORT.

    (a) Regulations.--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.
    (b) Effective Date.--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.
    (c) Report.--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:
            (1) Regarding complaints filed pursuant to section 107(a)--
                    (A) the number filed, both in total and broken out 
                by visa category of the complaining worker;
                    (B) the number that were held to be time-barred;
                    (C) 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
                    (D) 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).
            (2) Regarding the registration of third-party foreign labor 
        recruiters pursuant to section 104:
                    (A) the number of applications received, both in 
                total and by country;
                    (B) the number of certifications granted, both in 
                total and by country;
                    (C) the number of certifications refused, both in 
                total and by country; and
                    (D) the number of certifications revoked, both in 
                total and by country.
    (d) Appropriate Congressional Committees.--For purposes of this 
section, ``appropriate congressional committees'' means--
            (1) 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
            (2) the Committee on the Judiciary, the Committee on 
        Homeland Security and Governmental Affairs, and the Committee 
        on Foreign Relations of the Senate.

                       TITLE II--OTHER PROVISIONS

SEC. 201. ENSURING THAT FOREIGN ASSISTANCE DOES NOT CONTRIBUTE TO HUMAN 
              TRAFFICKING.

    Section 106 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104) is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following:
                            ``(i) Prevention of trafficking in 
                        conjunction with foreign assistance.--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.''.

SEC. 202. OBLIGATIONS OF UNITED STATES CONSULAR OFFICERS.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended by adding at the end the following:
    ``(s) 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 section 274a.12(c)(17) 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 section 
62.32 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--
            ``(1) 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 (8 U.S.C. 
        1375c); and
            ``(2) 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.''.
                                 <all>