,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dehf ,,in ,,the ,,house ,,of ,,representatives ,may #g1 #bjad ,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 workers outside of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fraudulent ,overseas ,recruitment and ,trafficking ,elimination ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,transparency in the recruitment of foreign workers outside of the ,united ,states ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,transparency in foreign recruiting by foreign labor contractors4 ,sec4 #ajc4 ,transparency in foreign recruiting by third-party foreign labor recruiters4 ,sec4 #ajd4 ,registration of third-party foreign labor recruiters4 ,sec4 #aje4 ,third-party recruitment fees4 ,sec4 #ajf4 ,maintenance and posting of lists4 ,sec4 #ajg4 ,enforcement4 ,sec4 #ajh4 ,regulations2 effective date2 report4 ,title ,,ii--,other provisions ,sec4 #bja4 ,ensuring that foreign assistance does not contribute to human trafficking4 ,sec4 #bjb4 ,obligations of ,united ,states consular officers4 ,i ,transparency in the recruitment of foreign workers outside of the ,united ,states #aja4 ,definitions ,as used in this title1 the following definitions apply3 7#a7 ,employer ,the term employer shall include any parent1 branch1 affiliate1 or subsidiary of a ,united ,states or foreign firm1 corporation1 or other legal entity and any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf4 7#b7 ,foreign labor contracting activity ,the term foreign labor contracting activity means recruiting1 soliciting1 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 activities1 in furtherance of employment in the ,united ,states1 pursuant to a work-authorized nonimmigrant visa1 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 #aich 7#bi ,u4,s4,c4 #bja et seq47 and required under section #eda4fja7;a7 of title #bi1 ,code of ,federal ,regulations1 or any similar successor regulation1 including when such activity occurs wholly outside of the ,united ,states4 7#c7 ,foreign labor contractor ,the term foreign labor contractor means any individual1 group of individuals1 or employer who performs foreign labor contracting activity or utilizes a third-party foreign labor recruiter to perform such activity1 except that such term does not include-- 7,a7 any ,federal1 ,state1 or local governmental entity2 7,b7 a ,united ,states or foreign firm1 corporation1 or other legal entity or parent1 branch1 affiliate1 or subsidiary thereof that hires its own existing employee from outside the ,united ,states to work for a branch of the same firm1 corporation1 or other legal entity or a parent1 affiliate1 or subsidiary thereof within the ,united ,states2 or 7,c7 any attorney or person to the extent they are assisting an employer with preparing a petition1 certification1 application1 or other documents or filings 7such as a job order to be filed with a ,state workforce agency7 related to the legal requirements to hire a prospective worker under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 or assisting with any subsequent administrative or judicial appeals related to such petitions1 certifications1 applications1 or related legal documents or advising the prospective worker about the visa application and consular process4 7#d7 ,prospective worker ,the term prospective worker means an individual who is not a national of the ,united ,states 7as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb777 or an individual lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#bj777 who is the subject of foreign labor contracting activity in furtherance of employment in the ,united ,states pursuant to a work-authorized nonimmigrant visa4 7#e7 ,secretary ,except as otherwise specified in section #ajf1 the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,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 activity1 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 recruiter4 ,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 owned1 operated1 or controlled by another employer or employers and the other employer or employers direct and control the work of the worker4 7#g7 ,work-authorized nonimmigrant visa ,the term work-authorized nonimmigrant visa means a nonimmigrant visa 7as defined in section #aja7;a77#bf7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bf777 issued to a class of nonimmigrant aliens listed in section #bad7s7 of such ,act 7#h ,u4,s4,c4 #aahd7s77 7as added by section #bjb of this ,act7 who are eligible under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 to be employed in the ,united ,states4 7#h7 ,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 visa4 ,such term does not include an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 #ajb4 ,transparency in foreign recruiting by foreign labor contractors 7a7 ,provision of immigration documents ,a foreign labor contractor 7including a third-party foreign labor recruiter7 who files a petition1 certification1 or application required under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 for the purpose of obtaining1 for a prospective worker such contractor has recruited or solicited 7or has had a third-party labor recruiter recruit or solicit71 a work-authorized nonimmigrant visa1 shall provide a copy of such petition1 certification1 or application to the prospective worker 7but may exclude any financial or proprietary information of the employer and1 in the case of a group petition1 any personally identifiable information about other beneficiaries7 and a copy of the approval notification regarding the petition1 certification1 or application to the worker 7but may exclude any financial or proprietary information of the employer74 7b7 ,prohibition on false and misleading information ,no foreign labor contractor 7including a third-party foreign labor recruiter7 described in subsection 7a7 shall knowingly provide materially false or misleading information to any worker or prospective worker concerning any document required to be provided under such subsection4 #ajc4 ,transparency in foreign recruiting by third-party foreign labor recruiters 7a7 ,requirement for disclosure ,a third-party foreign labor recruiter shall ascertain and1 at the time a job offer is made1 disclose to each prospective worker in writing in ,english and in the primary language of the worker1 the following information3 7#a7 ,all information that is reasonably available 7including in summarized form1 but not including any financial or proprietary information of the employer7 that would be required to be included in a petition1 certification1 or application under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 for the purpose of obtaining for such worker a work-authorized nonimmigrant visa1 should the employer offering the job file such a petition1 certification1 or application4 7#b7 ,all information regarding any fees and expenses allowable under such ,act that the foreign labor contractor 7including a third-party foreign labor recruiter7 will or may charge the worker 7including any costs for housing or accommodation1 transportation to and from the ,united ,states and to and from the worksite1 meals1 health insurance1 worker's compensation1 medical examinations1 health care1 tools or safety equipment costs1 training1 or any other benefits provided74 7#c7 ,a statement1 in a form specified by the ,secretary-- 7,a7 stating that-- 7i7 no third-party foreign labor recruiter1 or agent or employee of such a person1 lawfully may assess any recruitment1 placement1 legal or processing fee on a prospective worker or a worker2 7ii7 unless required by such ,act1 no foreign labor contractor 7including a third-party foreign labor recruiter7 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 worker2 and 7iii7 unless prohibited by such ,act1 any other law of the ,united ,states or a ,state1 or the provisions related to a written employment contract entered into as provided in paragraph 7#d71 the employment of a worker may be terminated or modified at any time by the employer2 7,b7 explaining that-- 7i7 if a written employment contract is entered into as provided in paragraph 7#d71 no material changes may be made to a the original contract signed by the prospective worker or worker without the worker having at least #bd hours to consider such changes and to provide their consent1 obtained voluntarily1 except that if the worker does not provide consent1 the worker may be terminated or the employment modified pursuant to subparagraph 7,a77iii72 and 7ii7 any material changes made to the original contract that do not comply with clause 7i7 shall be a violation of this section and be subject to the enforcement under section #ajg2 and 7,c7 describing the protections afforded prospective workers and workers by this section1 section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;c71 and the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 including-- 7i7 relevant information about the procedure for filing a complaint provided for in section #ajg2 and 7ii7 the telephone number for the national human trafficking resource center hotline number4 7#d7 ,if a written employment contract is entered into by a prospective worker or worker and an employer1 either voluntarily by both parties or in compliance with the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 a signed copy of the work contract4 7b7 ,relationship to labor and employment laws ,nothing in the disclosure required by subsection 7a7 shall constitute a legal conclusion as to a prospective worker's or worker's status or rights under any labor or employment law4 ,unless otherwise required by the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 a written employment contract shall not be required to establish eligibility for a work authorized nonimmigrant visa under section #bad7s7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7s771 as added by section #bjb of this ,act4 7c7 ,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 7a74 #ajd4 ,registration of third-party foreign labor recruiters 7a7 ,requirement ,to register ,prior to engaging in any foreign labor contracting activity1 any individual1 group of individuals1 or employer who is a third-party foreign labor recruiter 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 third-party foreign labor recruiter1 shall have obtained a certificate of registration from the ,secretary pursuant to regulations promulgated by the ,secretary under subsection 7c71 except that during the first year after such regulations are promulgated1 any individual1 group of individuals1 or employer who is a third-party foreign labor recruiter 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 third-party foreign labor recruiter1 may engage in foreign labor contracting activity if such individual1 group1 or employer has applied for a certificate of registration from the ,secretary pursuant to such regulations and the certificate has not been denied4 7b7 ,notification 7#a7 ,annual employer notification ,each employer shall notify the ,secretary1 once each year1 of the identity of any third-party foreign labor recruiter involved in any foreign labor contracting activity for1 or on behalf of1 the employer during that year1 including at a minimum1 the name and address of the third-party foreign labor recruiter1 a description of the services for which the third-party foreign labor recruiter was being used1 and whether the third-party foreign labor recruiter received any economic compensation for such services4 7#b7 ,annual third-party foreign labor recruiter notification ,each third-party foreign labor recruiter shall notify the ,secretary1 once each year1 of the identity of any subcontractor1 agent1 or other third-party foreign labor recruiter involved in any foreign labor contracting activity for1 or on behalf of1 the third-party foreign labor during that year4 7#c7 ,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 section4 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 third-party foreign labor recruiter with which the employer has a contract or other agreement4 7c7 ,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 recruiters1 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 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 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 cooperation in any investigation by the ,secretary or other appropriate authorities2 7#f7 providing for consent to the forfeiture of any bond for willful failure or refusal to comply with these provisions2 7#g7 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 violation2 and 7#h7 providing for consultation with other appropriate ,federal agencies to determine whether any reason exists to deny registration to a third-party foreign labor recruiter4 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 third-party foreign labor recruiter 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 regulating third-party foreign labor recruiter activities under this section1 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 ,secretary-- 7#a7 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-- 7i7 is a person who has been refused issuance or renewal of a certificate2 7ii7 has had a certificate revoked2 or 7iii7 does not qualify for a certificate under this section2 7,c7 the applicant for1 or holder of1 the certification has materially failed to comply with this subsection2 or 7,d7 the ,secretary issues a final order pursuant to section #ajg7;c7 finding that the applicant for1 or holder of1 the certification has committed a material violation of this title2 and 7#b7 the ,secretary shall refuse to issue or renew1 or shall revoke and debar from eligibility to obtain a certificate of registration1 after notice and an opportunity for a hearing1 a certificate of registration under this section if the applicant for1 or holder of1 the certification has been convicted of-- 7,a7 any felony under ,state or ,federal law1 any violation of section #bgd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd71 or any crime under ,united ,states or foreign law involving sex trafficking1 human trafficking1 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 or peonage2 or 7,b7 any crime relating to gambling1 or to the sale1 distribution1 or possession of alcoholic beverages in connection with or incident to any labor contracting activities4 7g7 ,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 7other than pursuant to subsection 7f77#b77 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 #e years and that the third party foreign labor recruiter has taken sufficient steps to prevent future violations of this title4 7h7 ,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 recruiter1 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 section or any other law4 #aje4 ,third-party recruitment fees 7a7 ,prohibition ,no third-party foreign labor recruiter1 or agent or employee of such a person1 lawfully may assess any recruitment1 placement1 legal or processing fee on a prospective worker or a worker4 7b7 ,no requirement ,to pay for visa or passport fees ,unless required by the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 no foreign labor contractor 7including a third-party foreign labor recruiter7 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 worker4 #ajf4 ,maintenance and posting of lists 7a7 ,in general ,the ,secretary-- 7#a7 shall maintain an accurate list of all third-party foreign labor recruiters registered pursuant to section #ajd that identifies-- 7,a7 the countries from which the contractors recruit2 7,b7 the visa categories and occupations for which the contractors recruit2 and 7,c7 the ,states where recruited workers are employed2 7#b7 shall maintain a list of all third-party foreign labor recruiters whose certificate of registration the ,secretary has revoked2 7#c7 shall update the lists required by this subsection on an ongoing basis1 not less frequently than every #f months2 7#d7 shall make such lists publicly available1 including through continuous publication on ,internet websites2 and 7#e7 shall 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 7b7 ,responsibilities of the ,secretary of ,state 7#a7 ,overseas availability of foreign labor contractor lists ,the ,secretary of ,state shall make the lists required by subsection 7a7 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 7#b7 ,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 title by third-party foreign labor recruiters1 and for conveying such information to the ,secretary of ,homeland ,security for potential use in a complaint or investigation pursuant to section #ajg2 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 subparagraph 7,a74 #ajg4 ,enforcement 7a7 ,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 may1 not later than the later of #ahj days after the date on which such violation occurs or the worker becomes aware of such violation1 but not later than two years after the date of such violation1 file a complaint with the ,secretary alleging such material violation4 ,upon receipt of such a complaint1 the ,secretary shall notify1 in writing1 the third-party foreign labor recruiter or foreign labor contractor named in the complaint of the filing of the complaint1 of the allegations contained in the complaint1 of the substance of evidence supporting the complaint1 and of the opportunities that will be afforded to such third-party foreign labor recruiter or foreign labor contractor under subsection 7b74 7b7 ,investigation2 preliminary order 7#a7 ,in general ,not later than #fj days after the date of receipt of a complaint filed under subsection 7a7 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 witnesses1 the ,secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify1 in writing1 by certified or registered mail1 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 findings4 ,if the ,secretary concludes that there is a reasonable cause to believe that a material violation of this title has occurred1 the ,secretary shall accompany the ,secretary's findings with a preliminary order providing the relief prescribed by subsection 7c77#b74 ,not later than #cj days after the date of notification of findings under this subsection1 either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order1 or both1 and request a hearing on the record4 ,such hearings shall be conducted expeditiously4 ,if objections are not filed or a hearing is not requested in such #cj-;day period1 the preliminary order shall be deemed a final order that is not subject to judicial review4 7#b7 ,requirements 7,a7 ,required showing by complainant ,the ,secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under paragraph 7#a7 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 violation4 7,b7 ,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 violation4 7c7 ,final order 7#a7 ,deadline for issuance2 settlement agreements ,not later than #abj days after the date of conclusion of a hearing under subsection 7b77#a71 the ,secretary shall issue a final order providing the relief prescribed by paragraph 7#b7 or denying the complaint4 ,at any time before issuance of a final order1 a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the ,secretary1 the complainant1 and the third-party foreign labor recruiter or foreign labor contractor alleged to have committed the violation4 7#b7 ,remedy ,if1 in response to a complaint filed under subsection 7a71 the ,secretary determines that a material violation of this title has occurred1 the ,secretary shall order the third-party foreign labor recruiter or foreign labor contractor who committed such violation to-- 7,a7 take affirmative action to abate the violation2 7,b7 provide compensatory damages to the complainant2 and 7,c7 at the request of the complainant1 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 7including attorneys' fees7 reasonably incurred1 as determined by the ,secretary1 by the complainant for1 or in connection with1 the bringing the complaint upon which the order was issued4 7#c7 ,frivolous complaints ,if the ,secretary determines that a complaint under subsection 7a7 is frivolous or has been brought in bad faith1 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 complaint4 7d7 ,judicial review 7#a7 ,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 7c7 may obtain review of the order in the ,united ,states ,court of ,appeals for the circuit in which the violation1 with respect to which the order was issued1 allegedly occurred or the circuit in which the complainant resided on the date of such alleged violation4 ,the petition for review must be filed not later than #fj days after the date of the issuance of the final order of the ,secretary4 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 7#b7 ,limitation on collateral attack ,an order of the ,secretary with respect to which review could have been obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7e7 ,enforcement of order by ,secretary of ,homeland ,security ,whenever any person has failed to comply with an order issued under subsection 7c71 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 order4 ,the ,department of ,justice shall represent the ,department of ,homeland ,security in any such action4 ,in actions brought under this paragraph1 the district courts shall have jurisdiction to grant all appropriate relief including1 but not limited to1 injunctive relief and compensatory damages4 7f7 ,enforcement of order by parties 7#a7 ,commencement of action ,a person on whose behalf an order was issued under subsection 7c7 may commence a civil action against the person to whom such order was issued to require compliance with such order4 ,the appropriate ,united ,states district court shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 to enforce such order4 7#b7 ,attorneys' fees ,the district court1 in issuing any final order under this paragraph1 may award costs of litigation 7including reasonable attorneys' fees7 to any party whenever the court determines such award is appropriate4 7g7 ,treatment of employers that hire unregistered third-,party foreign labor recruiters 7#a7 ,in general ,an employer who hires a third-party foreign labor recruiter that is not registered under section #ajd shall1 for purposes of this section1 be treated as the third-party foreign labor recruiter 7including with regard to notice1 opportunity to be heard1 and the right to appeal7 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 difficult4 7#b7 ,exception ,paragraph 7#a7 shall not apply if1 in retaining the third-party labor recruiter1 the employer relied upon inaccurate or outdated information maintained by the ,secretary pursuant to section #ajf4 #ajh4 ,regulations2 effective date2 report 7a7 ,regulations ,the ,secretary and ,secretary of ,state shall1 not later than one year after the date of the enactment of this ,act1 prescribe regulations to implement this title and develop policies and procedures to enforce the provisions of this title4 7b7 ,effective date ,the provisions of this title shall be effective upon the promulgation of the final regulations described in subsection 7a7 and shall apply to foreign labor contracting activity taking place on or after the effective date4 7c7 ,report ,not later than one year after the effective date1 and annually for each of the following four years1 the ,secretary shall provide to the appropriate ,congressional committees a report that includes the following information for the preceding year3 7#a7 ,regarding complaints filed pursuant to section #ajg7;a7-- 7,a7 the number filed1 both in total and broken out by visa category of the complaining worker2 7,b7 the number that were held to be time-barred2 7,c7 the number that resulted in a determination by the ,secretary of a material violation of the requirements of this title1 and a general description of the types of violations encountered during the year2 and 7,d7 the total number of final orders issued by the ,secretary granting relief to a complaining worker1 a general description of the types of remedies that were granted1 and a general description of compensatory damages awarded during the year 7including the range and the average of damages provided1 both in total and broken out by visa category of the complaining worker74 7#b7 ,regarding the registration of third-party foreign labor recruiters pursuant to section #ajd3 7,a7 the number of applications received1 both in total and by country2 7,b7 the number of certifications granted1 both in total and by country2 7,c7 the number of certifications refused1 both in total and by country2 and 7,d7 the number of certifications revoked1 both in total and by country4 7d7 ,appropriate ,congressional ,committees ,for purposes of this section1 appropriate congressional committees means-- 7#a7 the ,committee on ,education and the ,workforce1 the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,affairs of the ,house2 and 7#b7 the ,committee on the ,judiciary1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,foreign ,relations of the ,senate4 ,,ii ,other provisions #bja4 ,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 #bjb4 ,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,j7 7but only for applicants for the ,summer ,work ,travel ,program described in section #fb4cb of title #bb1 ,code of ,federal ,regulations 7as in effect on ,may #aa1 #bjab771 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;c72 and 7#b7 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 #bjad1 as well as a notation of whether the foreign labor recruiter is registered pursuant section #ajd of that ,act4 4