,i #aacth ,,congress #ast ,session ,h4 ,r4 #ccdd ,,in ,,the ,,house ,,of ,,representatives ,october #bh1 #bjac,mr4 ,royce introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,foreign ,affairs and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 workers4 #a4 ,short title ,this ,act may be cited as the ,fraudulent ,overseas ,recruitment and ,trafficking ,elimination ,act of #bjac4 #b4 ,definitions ,as used in this ,act1 the following definitions apply3 7#a7 ,foreign labor contracting activity ,the term foreign labor contracting activity means recruiting1 soliciting1 or related activities with respect to an individual who resides outside of the ,united ,states in furtherance of employment in the ,united ,states1 including when such activity occurs wholly outside of the ,united ,states4 7#b7 ,foreign labor contractor ,the term foreign labor contractor means any person who performs foreign labor contracting activity1 including any person who performs foreign labor contracting activity wholly outside of the ,united ,states1 except that the term does not include any entity of the ,united ,states ,government4 7#c7 ,person ,the term person means any natural person or any corporation1 company1 firm1 partnership1 joint stock company or association or other organization or entity 7whether organized under law or not71 including municipal corporations4 7#d7 ,secretary ,except as otherwise specified1 the term ,secretary means the ,secretary of ,labor4 7#e7 ,worker ,the term worker means an individual who is the subject of foreign labor contracting activity and does not include an exchange visitor 7as defined in section #fb4b of title #bb1 ,code of ,federal ,regulations1 or any similar successor regulation74 #c4 ,ensuring that foreign assistance does not contribute to human trafficking ,section #ajf of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajd7 is amended-- 7#a7 by redesignating subsections 7i7 and 7j7 as subsections 7j7 and 7k71 respectively2 and 7#b7 by inserting after subsection 7h7 the following3 7i7 ,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 assistance1 including the maintenance of systems1 such as appropriate supply chain monitoring1 to ensure that assistance programs do not contribute to vulnerability to1 or the prevalence of1 human trafficking and slavery1 consistent with this ,act4 4 #d4 ,transparency in foreign recruiting 7a7 ,requirement for disclosure ,any foreign labor contractor shall ascertain and disclose to each worker in writing in ,english and in the primary language of the worker at the time of the worker's recruitment1 the following information3 7#a7 ,the identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer1 including any subcontractor or agent involved in such recruiting4 7#b7 ,all assurances and terms and conditions of employment1 from the prospective employer for whom the worker is being recruited1 including the work hours1 level of compensation to be paid1 the place and period of employment1 a description of the type and nature of employment activities1 and any penalties for terminating employment4 7#c7 ,an itemized list of any costs or expenses to be charged to the worker and any deductions to be taken from wages1 including any costs for housing or accommodation1 transportation to and from the worksite1 meals1 health insurance1 workers' compensation1 costs of benefits provided1 medical examinations1 health care1 tools1 or safety equipment costs4 7#d7 ,a signed copy of the work contract between the worker and the employer4 7#e7 ,the type of visa under which the foreign worker is to be employed1 the length of time for which the visa will be valid1 the terms and conditions under which the visa may be renewed1 and a clear statement of any expenses associated with securing or renewing the visa4 7#f7 ,whether and the extent to which workers will be compensated through workers' compensation1 private insurance1 or otherwise for injuries or death1 including work-related injuries and death1 during the period of employment and1 if so1 the name of the ,state workers' compensation insurance carrier or the name of the policyholder of the private insurance1 the name and the telephone number of each person who must be notified of an injury or death1 and the time period within which such notice must be given4 7#g7 ,a statement1 in a form specified by the ,secretary-- 7,a7 stating that-- 7i7 no foreign labor contractor1 agent1 or employee of a foreign labor contractor1 may lawfully assess any fee 7including visa fees1 processing fees1 transportation fees1 legal expenses1 placement fees1 and other costs7 to a worker for any foreign labor contracting activity2 and 7ii7 the employer may bear such costs or fees for the foreign labor contractor1 but that these fees cannot be passed along to the worker2 7,b7 explaining that-- 7i7 no additional significant requirements or changes may be made to the original contract signed by the worker without at least #bd hours to consider such changes and the specific consent of the worker1 obtained voluntarily and without threat of penalty2 and 7ii7 any significant changes made to the original contract that do not comply with clause 7i7 shall be a violation of this ,act and be subject to the provisions of section #aj of this ,act2 and 7,c7 describing the protections afforded the worker by this section and by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b7 and any applicable visa program1 including-- 7i7 relevant information about the procedure for filing a complaint provided for in section #aj2 and 7ii7 the telephone number for the national human trafficking resource center hotline number4 7#h7 ,any education or training to be provided or required1 including-- 7,a7 the nature1 timing1 and cost of such training2 7,b7 the person who will pay such costs2 7,c7 whether the training is a condition of employment1 continued employment1 or future employment2 and 7,d7 whether the worker will be paid or remunerated during the training period1 including the rate of pay4 7b7 ,relationship to labor and employment laws ,nothing in the disclosure required by subsection 7a7 shall constitute a legal conclusion as to the worker's status or rights under any labor or employment law4 7c7 ,prohibition on false and misleading information ,no foreign labor contractor or employer who engages in any foreign labor contracting activity shall knowingly provide materially false or misleading information to any worker concerning any matter required to be disclosed under subsection 7a74 ,the disclosure required by this section is a document concerning the proper administration of a matter within the jurisdiction of a department or agency of the ,united ,states for the purposes of section #aeai of title #ah1 ,united ,states ,code4 #e4 ,recruitment fees ,no employer1 foreign labor contractor1 or agent or employee of a foreign labor contractor1 shall assess any fee 7including visa fees1 processing fees1 transportation fees1 legal expenses1 placement fees1 and other costs7 to a worker for any foreign labor contracting activity4 #f4 ,registration 7a7 ,requirement ,to ,register 7#a7 ,in general ,subject to paragraph 7#b71 prior to engaging in any foreign labor contracting activity1 any person who is a foreign labor contractor or who1 for any money or other valuable consideration paid or promised to be paid1 performs a foreign labor contracting activity on behalf of a foreign labor contractor1 shall obtain a certificate of registration from the ,secretary of ,labor pursuant to regulations promulgated by the ,secretary under subsection 7c74 7#b7 ,exception for certain employers ,an employer1 or employee of an employer1 who engages in foreign labor contracting activity solely to find workers for that employer's own use1 and without the participation of any other foreign labor contractor1 shall not be required to register under this section4 7b7 ,notification 7#a7 ,annual employer notification ,each employer shall notify the ,secretary1 not less frequently than once every year1 of the identity of any foreign labor contractor involved in any foreign labor contracting activity for1 or on behalf of1 the employer1 including at a minimum1 the name and address of the foreign labor contractor1 a description of the services for which the foreign labor contractor is being used1 whether the foreign labor contractor is to receive any economic compensation for the services1 and1 if so1 the identity of the person or entity who is paying for the services4 7#b7 ,annual foreign labor contractor notification ,each foreign labor contractor shall notify the ,secretary1 not less frequently than once every year1 of the identity of any subcontractor1 agent1 or foreign labor contractor employee involved in any foreign labor contracting activity for1 or on behalf of1 the foreign labor contractor4 7#c7 ,noncompliance notification ,an employer shall notify the ,secretary of the identity of a foreign labor contractor whose activities do not comply with this ,act4 7#d7 ,agreement ,not later than #g days after receiving a request from the ,secretary1 an employer shall provide the ,secretary with the identity of any foreign labor contractor with which the employer has a contract or other agreement4 7c7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 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 foreign labor contractors1 including-- 7#a7 a declaration1 subscribed and sworn to by the applicant1 stating the applicant's permanent place of residence1 the foreign labor contracting activities for which the certificate is requested1 and such other relevant information as the ,secretary may require2 7#b7 a set of fingerprints of the applicant2 7#c7 an expeditious means to update registrations and renew certificates2 7#d7 providing for the consent of any foreign labor contractor to the designation by a court of the ,secretary as an agent available to accept service of summons in any action against the applicant1 if the applicant has left the jurisdiction in which the action is commenced1 otherwise has become unavailable to accept service1 or is subject to personal jurisdiction in no ,state2 7#e7 providing for the consent of any foreign labor contractor to jurisdiction in any ,federal or ,state court in the ,united ,states for any action brought by any aggrieved individual or worker2 7#f7 providing for cooperation in any investigation by the ,secretary or other appropriate authorities2 7#g7 providing for consent to the forfeiture of any bond for failure to cooperate with these provisions2 7#h7 providing for consent to be liable for violations of this ,act by any agents or subcontractors of any level in relation to the foreign labor contracting activity of the agent or subcontractor to the same extent as if the foreign labor contractor had committed the violation2 and 7#i7 providing for consultation with other appropriate ,federal agencies to determine whether any reason exists to deny registration to a foreign labor contractor4 7d7 ,term of registration ,unless suspended or revoked1 a certificate under this section shall be valid for #b years4 7e7 ,application fee 7#a7 ,requirement for fee ,in addition to any other fees authorized by law1 the ,secretary shall impose a fee1 to be deposited in the general fund of the ,treasury1 on a foreign labor contractor that submits an application for a certificate of registration under this section4 7#b7 ,amount of fee ,the amount of the fee required by paragraph 7#a7 shall be set at a level that the ,secretary determines sufficient to cover the full costs of carrying out foreign labor contract registration activities under this ,act1 including worker education and any additional costs associated with the administration of the fees collected4 7f7 ,refusal ,to issue2 revocation ,in accordance with regulations promulgated by the ,secretary1 the ,secretary shall refuse to issue or renew1 or shall revoke and debar from eligibility to obtain a certificate of registration for a period of not greater than #e years1 after notice and an opportunity for a hearing1 a certificate of registration under this section if-- 7#a7 the applicant for1 or holder of1 the certification has knowingly made a material misrepresentation in the application for such certificate2 7#b7 the applicant for1 or holder of1 the certification is not the real party in interest in the application or certificate of registration and the real party in interest-- 7,a7 is a person who has been refused issuance or renewal of a certificate2 7,b7 has had a certificate revoked2 or 7,c7 does not qualify for a certificate under this section2 7#c7 the applicant for1 or holder of1 the certification has been convicted within the preceding #e years of-- 7,a7 any felony under ,state or ,federal law or crime involving robbery1 bribery1 extortion1 embezzlement1 grand larceny1 burglary1 arson1 violation of narcotics laws1 murder1 rape1 assault with intent to kill1 assault which inflicts grievous bodily injury1 prostitution1 peonage1 or smuggling or harboring individuals who have entered the ,united ,states illegally2 or 7,b7 any crime relating to gambling1 or to the sale1 distribution or possession of alcoholic beverages1 in connection with or incident to any labor contracting activities2 or 7#d7 the applicant for1 or holder of1 the certification has materially failed to comply with this section4 7g7 ,re-,registration of violators ,the ,secretary shall establish a procedure by which a foreign labor contractor that has had its registration revoked under subsection 7f7 may seek to re-register under this subsection by demonstrating to the ,secretary's satisfaction that the foreign labor contractor has not violated this ,act in the previous #e years and that the foreign labor contractor has taken sufficient steps to prevent future violations of this ,act4 7h7 ,bonding requirement ,the ,secretary is authorized to require a foreign labor contractor to post a bond in an amount sufficient to ensure the protection of workers recruited by the foreign labor contractor1 and to establish1 by regulation1 the conditions under which the bond amount is determined1 paid1 and forfeited4 ,any bond requirements or the forfeiture of any bond under this subsection are in addition to other remedies under this ,act or any other law4 #g4 ,maintenance and posting of lists 7a7 ,in general ,the ,secretary shall maintain-- 7#a7 a list of all foreign labor contractors registered under this subsection1 including-- 7,a7 the countries from which the contractors recruit2 7,b7 the employers for whom the contractors recruit2 7,c7 the visa categories and occupations for which the contractors recruit2 and 7,d7 the ,states where recruited workers are employed2 and 7#b7 a list of all foreign labor contractors whose certificate of registration the ,secretary has revoked4 7b7 ,updates and availability ,the ,secretary shall-- 7#a7 update the lists required by subsection 7a7 on an ongoing basis1 not less frequently than every #f months2 7#b7 make such lists publicly available1 including through continuous publication on ,internet websites2 and 7#c7 provide such lists to the ,secretary of ,state1 who shall make such lists available in written form at1 and on the websites of1 each ,united ,states diplomatic mission in the official language of the host country4 #h4 ,obligations of ,united ,states ,consular ,officers ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,a visa shall not be issued under the subparagraph 7,a77iii71 7,b77i7 7but only for domestic servants described in clause 7i7 or 7ii7 of section #bgd;a4#ab7;c77#ag7 of title #h1 ,code of ,federal ,regulations 7as in effect on ,december #d1 #bjjg771 7,g77v71 7,h71 7,j71 7,l71 7,q71 or 7,r7 of section #aja7;a77#ae7 until the consular officer-- 7#a7 has provided to and reviewed with the applicant1 in the applicant's language 7or a language the applicant understands71 a copy of the information and resources pamphlet required by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b72 and 7#b7 has reviewed and made a part of the visa file the foreign labor recruiter disclosures required by section #d of the ,fraudulent ,overseas ,recruitment and ,trafficking ,elimination ,act of #bjac1 as well as a notation of whether the foreign labor recruiter is registered pursuant section #f of that ,act4 4 #i4 ,responsibilities of the ,secretary of ,state 7a7 ,overseas availability of foreign labor contractor lists ,the ,secretary of ,state shall make the lists required by section #g7;a7 publicly available in written form at1 and on the websites of1 each ,united ,states diplomatic and consular post in the official language of the host country4 7b7 ,designation of personnel ,to receive complaints overseas ,the ,secretary of ,state shall-- 7#a7 designate personnel at each such post who are responsible for receiving information regarding alleged violations of this ,act by foreign labor contractors1 and for conveying such information to the ,secretary of ,labor for potential use in a complaint or investigation pursuant to section #aj2 and 7#b7 make publicly available on the website of each such post1 in the official language of the host country1 information on how to contact the personnel designated at that mission pursuant to paragraph 7#a74 #aj4 ,enforcement provisions 7a7 ,complaints and investigations ,the ,secretary-- 7#a7 shall establish a process for the receipt1 investigation1 and disposition of complaints filed by any person regarding the compliance of any employer or foreign labor contractor with this ,act2 and 7#b7 either pursuant to the process required by paragraph 7#a7 or otherwise1 may investigate employers or foreign labor contractors1 including actions occurring in a foreign country1 as necessary to determine compliance with this ,act4 7b7 ,enforcement 7#a7 ,in general ,a worker who believes that he or she has suffered harm from a violation of section #d or #e may seek relief from an employer or foreign labor contractor by-- 7,a7 filing a complaint with the ,secretary within #c years after the date on which the violation occurred or date on which the worker became aware of the violation2 or 7,b7 if the ,secretary has not issued a final decision within #abj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant1 bringing an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7#b7 ,procedure 7,a7 ,in general ,unless otherwise provided herein1 a complaint under paragraph 7#a77;,a7 shall be governed under the rules and procedures set forth in paragraphs 7#a7 and 7#b77;,a7 of section #dbaba7;b7 of title #di1 ,united ,states ,code4 7,b7 ,exception ,notification of a complaint under paragraph 7#a77;,a7 shall be made to each person or entity named in the complaint as a defendant and to the employer4 7,c7 ,statute of limitations ,an action filed in a district court of the ,united ,states under paragraph 7#a77;,b7 shall be commenced not later than #ahj days after the last day of the #abj-;day period referred to in that paragraph4 7,d7 ,jury trial ,a party to an action brought under paragraph 7#a77;,b7 shall be entitled to trial by jury4 7c7 ,administrative enforcement 7#a7 ,in general ,if the ,secretary finds1 after notice and an opportunity for a hearing1 that any foreign labor contractor or employer failed to comply with any of the requirements of this ,act1 the ,secretary may impose the following against such contractor or employer-- 7,a7 a fine in an amount not more than #aj1jjj per violation2 and 7,b7 upon the occasion of a third violation or a failure to comply with representations1 a fine of not more than #be1jjj per violation4 7d7 ,authority ,to ensure compliance ,the ,secretary is authorized to take other such actions1 including issuing subpoenas and seeking appropriate injunctive relief and recovery of damages1 as may be necessary to assure compliance with the terms and conditions of this ,act4 7e7 ,bonding ,pursuant to any bond required pursuant to section #f7;h71 bond liquidation and forfeitures shall be in addition to other remedies under this section or any other law4 7f7 ,civil action 7#a7 ,in general ,the ,secretary or any person aggrieved by a violation of this ,act may bring a civil action against any foreign labor contractor that does not meet the requirements under subsection 7g77#b7 in any court of competent jurisdiction-- 7,a7 to seek remedial action1 including injunctive relief2 7,b7 to recover damages on behalf of any worker harmed by a violation of section #d or #e2 and 7,c7 to ensure compliance with requirements of this section4 7#b7 ,actions by the ,secretary 7,a7 ,sums recovered ,any sums recovered by the ,secretary on behalf of a worker under paragraph 7#a7 or through liquidation of any bond held pursuant to section #f7;h7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each worker affected4 ,any such sums not paid to a worker because of inability to do so within a period of #e years shall be credited as an offsetting collection to the appropriations account of the ,secretary for expenses for the administration of this section and shall remain available to the ,secretary until expended or may be used for enforcement of the laws within the jurisdiction of the wage and hour division or may be transferred to the ,secretary of ,health and ,human ,services for the purpose of providing support to programs that provide assistance to victims of trafficking in persons or other exploited persons4 ,the ,secretary shall work with any attorney or organization representing workers to locate workers owed sums under this section4 7,b7 ,representation ,except as provided in section #eah7;a7 of title #bh1 ,united ,states ,code1 the ,attorney ,general may appear for and represent the ,secretary in any civil litigation brought under this paragraph4 ,all such litigation shall be subject to the direction and control of the ,attorney ,general4 7#c7 ,actions by individuals 7,a7 ,award ,if the court finds in a civil action filed by an individual under this section that the defendant has violated any provision of this ,act 7or any regulation issued pursuant to this ,act71 the court may award-- 7i7 damages1 up to and including an amount equal to the amount of actual damages1 and statutory damages of up to #a1jjj per plaintiff per violation1 or other equitable relief1 except that with respect to statutory damages-- 7,i7 multiple infractions of a single provision of this ,act 7or of a regulation under this ,act7 shall constitute only #a violation for purposes of section #c7;a7 to determine the amount of statutory damages due a plaintiff2 and 7,,ii7 if such complaint is certified as a class action the court may award-- 7aa7 damages up to an amount equal to the amount of actual damages2 and 7bb7 statutory damages of not more than the lesser of up to #a1jjj per class member per violation1 or up to #ejj1jjj2 and other equitable relief2 7ii7 reasonable attorneys' fees and costs2 and 7iii7 such other and further relief1 including declaratory and injunctive relief1 as necessary to effectuate the purposes of this ,act4 7,b7 ,criteria ,in determining the amount of statutory damages to be awarded under subparagraph 7,a71 the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation4 7,c7 ,bond ,to satisfy the damages1 fees1 and costs found owing under this subparagraph1 the ,secretary shall release as much of any bond held pursuant to section #f7;h7 as necessary4 7,d7 ,appeal ,any civil action brought under this section shall be subject to appeal as provided in chapter #hc of title #bh1 ,united ,states ,code 7#bh ,u4,s4,c4 #abia et seq474 7,e7 ,access to legal services corporation ,notwithstanding any other provision of law1 the ,legal ,services ,corporation and recipients of its funding may provide legal assistance on behalf of any alien with respect to any provision of this ,act4 7g7 ,agency liability 7#a7 ,in general ,beginning #ahj days after the ,secretary has promulgated regulations pursuant to section #f7;c71 an employer who retains the services of a foreign labor contractor shall only use those foreign labor contractors who are registered under section #f4 7#b7 ,safe harbor ,an employer shall not have any liability under this section if-- 7,a7 each worker claiming harm for any violation of this ,act was referred to the employer by a foreign labor contractor that had a valid registration with the ,secretary pursuant to section #f at the time of referral2 and 7,b7 prior to the initiation of any complaint or investigation under subsection 7a71 the employer did not fail to notify the ,secretary of any violation of this ,act by a foreign labor contractor of which the employer had actual knowledge4 7#c7 ,liability for agents ,foreign labor contractors shall be subject to the provisions of this section for violations committed by the foreign labor contractor's agents or subcontractors of any level in relation to their foreign labor contracting activity to the same extent as if the foreign labor contractor had committed the violation4 7h7 ,retaliation 7#a7 ,in general ,no person shall intimidate1 threaten1 restrain1 coerce1 discharge1 or in any other manner discriminate or retaliate against any worker or their family members 7including a former employee or an applicant for employment7 because such worker disclosed information to any person that the worker reasonably believes evidences a violation of this section 7or any rule or regulation pertaining to this section71 including seeking legal assistance of counsel or cooperating with an investigation or other proceeding concerning compliance with this section 7or any rule or regulation pertaining to this section74 7#b7 ,enforcement ,an individual who is subject to any conduct described in paragraph 7#a7 may1 in a civil action1 recover appropriate relief1 including reasonable attorneys' fees and costs1 with respect to that violation4 ,any civil action under this subparagraph shall be stayed during the pendency of any criminal action arising out of the violation4 7i7 ,waiver of rights ,agreements by workers purporting to waive or to modify their rights under this ,act shall be void as contrary to public policy4 7j7 ,presence during pendency of actions 7#a7 ,in general ,if other immigration relief is not available1 the ,attorney ,general and the ,secretary shall grant advance parole to permit a nonimmigrant to remain legally in the ,united ,states for time sufficient to fully and effectively participate in all legal proceedings related to any action taken pursuant to this section4 7#b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out paragraph 7#a74 #aa4 ,rule of construction ,nothing in this ,act shall be construed to preempt or alter any other rights or remedies1 including any causes of action1 available under any other ,federal or ,state law4 #ab4 ,regulations ,the ,secretary is authorized to prescribe regulations to implement this ,act and to develop policies and procedures to enforce the provisions of this ,act4