Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2014 - Requires a foreign labor contractor (including a third-party foreign labor recruiter) who files a petition, certification, or application for a work-authorized nonimmigrant visa to provide a prospective worker with a copy of the petition and a copy of the approval notification.
Prohibits a foreign labor contractor (including a third-party foreign labor recruiter) from knowingly providing false or misleading information to any worker or prospective worker concerning any required document.
Requires a third-party foreign labor recruiter to disclose in writing in English and in the prospective worker's primary language specified information about fees, contracts, worker protections, and a copy of the work visa petition.
Requires a third-party foreign labor recruiter to obtain from the Secretary of Homeland Security (DHS) a certificate of registration which shall be valid for two years. Establishes a registration fee.
Prohibits a third-party foreign labor recruiter, or agent or employee of the recruiter, from assessing any recruitment, placement, legal, or processing fee on a worker or prospective worker.
States that, unless required by the Immigration and Nationality Act, no foreign labor contractor (including a third-party foreign labor recruiter) shall be required to pay for the visa or passport fees or transportation costs to and from the United States of a prospective worker or worker.
Directs the Secretary of Labor to: (1) maintain a publicly available list of all registered third-party foreign labor recruiters that identifies the countries from which the contractors recruit, the visa categories and occupations for which the contractors recruit, and the states where recruited workers are employed; (2) maintain a publicly available list of all third-party foreign labor recruiters whose certificate of registration has been revoked; and (3) provide such lists to the Secretary of State, who shall make them available in written form at, and on the websites of, each U.S. diplomatic mission.
Sets forth worker complaint and related civil and administrative enforcement requirements.
Amends the Trafficking Victims Protection Act of 2000 to require the U.S. Agency for International Development (USAID) and the Department of State to incorporate anti-trafficking and anti-slavery priorities into other aspects of foreign assistance to ensure that assistance programs do not contribute to human trafficking and slavery.
Amends the Immigration and Nationality Act to require a consular officer, before issuing specified work visas, to: (1) provide the alien with certain trafficking information, and (2) review and include in the alien's visa file the foreign labor recruiter's disclosures.
[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>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Immigration and Border Security.
Referred to the Subcommittee on the Constitution and Civil Justice.
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