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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3344 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3344

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2013

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fraudulent Overseas Recruitment and 
Trafficking Elimination Act of 2013''.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Foreign labor contracting activity.--The term ``foreign 
        labor contracting activity'' means recruiting, soliciting, or 
        related activities with respect to an individual who resides 
        outside of the United States in furtherance of employment in 
        the United States, including when such activity occurs wholly 
        outside of the United States.
            (2) Foreign labor contractor.--The term ``foreign labor 
        contractor'' means any person who performs foreign labor 
        contracting activity, including any person who performs foreign 
        labor contracting activity wholly outside of the United States, 
        except that the term does not include any entity of the United 
        States Government.
            (3) Person.--The term ``person'' means any natural person 
        or any corporation, company, firm, partnership, joint stock 
        company or association or other organization or entity (whether 
        organized under law or not), including municipal corporations.
            (4) Secretary.--Except as otherwise specified, the term 
        ``Secretary'' means the Secretary of Labor.
            (5) Worker.--The term ``worker'' means an individual who is 
        the subject of foreign labor contracting activity and does not 
        include an exchange visitor (as defined in section 62.2 of 
        title 22, Code of Federal Regulations, or any similar successor 
        regulation).

SEC. 3. 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. 4. TRANSPARENCY IN FOREIGN RECRUITING.

    (a) 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 recruitment, 
the following information:
            (1) The identity and address of the employer and the 
        identity and address of the person conducting the recruiting on 
        behalf of the employer, including any subcontractor or agent 
        involved in such recruiting.
            (2) All assurances and terms and conditions of employment, 
        from the prospective employer for whom the worker is being 
        recruited, including the work hours, level of compensation to 
        be paid, the place and period of employment, a description of 
        the type and nature of employment activities, and any penalties 
        for terminating employment.
            (3) An itemized list of any costs or expenses to be charged 
        to the worker and any deductions to be taken from wages, 
        including any costs for housing or accommodation, 
        transportation to and from the worksite, meals, health 
        insurance, workers' compensation, costs of benefits provided, 
        medical examinations, health care, tools, or safety equipment 
        costs.
            (4) A signed copy of the work contract between the worker 
        and the employer.
            (5) The type of visa under which the foreign worker is to 
        be employed, the length of time for which the visa will be 
        valid, the terms and conditions under which the visa may be 
        renewed, and a clear statement of any expenses associated with 
        securing or renewing the visa.
            (6) Whether and the extent to which workers will be 
        compensated through workers' compensation, private insurance, 
        or otherwise for injuries or death, including work-related 
        injuries and death, during the period of employment and, if so, 
        the name of the State workers' compensation insurance carrier 
        or the name of the policyholder of the private insurance, the 
        name and the telephone number of each person who must be 
        notified of an injury or death, and the time period within 
        which such notice must be given.
            (7) A statement, in a form specified by the Secretary--
                    (A) stating that--
                            (i) no foreign labor contractor, agent, or 
                        employee of a foreign labor contractor, may 
                        lawfully assess any fee (including visa fees, 
                        processing fees, transportation fees, legal 
                        expenses, placement fees, and other costs) to a 
                        worker for any foreign labor contracting 
                        activity; and
                            (ii) the employer may bear such costs or 
                        fees for the foreign labor contractor, but that 
                        these fees cannot be passed along to the 
                        worker;
                    (B) explaining that--
                            (i) no additional significant requirements 
                        or changes may be made to the original contract 
                        signed by the worker without at least 24 hours 
                        to consider such changes and the specific 
                        consent of the worker, obtained voluntarily and 
                        without threat of penalty; and
                            (ii) any significant changes made to the 
                        original contract that do not comply with 
                        clause (i) shall be a violation of this Act and 
                        be subject to the provisions of section 10 of 
                        this Act; and
                    (C) describing the protections afforded the worker 
                by this section and by section 202 of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1375b) and any 
                applicable visa program, including--
                            (i) relevant information about the 
                        procedure for filing a complaint provided for 
                        in section 10; and
                            (ii) the telephone number for the national 
                        human trafficking resource center hotline 
                        number.
            (8) Any education or training to be provided or required, 
        including--
                    (A) the nature, timing, and cost of such training;
                    (B) the person who will pay such costs;
                    (C) whether the training is a condition of 
                employment, continued employment, or future employment; 
                and
                    (D) whether the worker will be paid or remunerated 
                during the training period, including the rate of pay.
    (b) Relationship to Labor and Employment Laws.--Nothing in the 
disclosure required by subsection (a) shall constitute a legal 
conclusion as to the worker's status or rights under any labor or 
employment law.
    (c) 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 (a). 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 1519 of title 18, United States Code.

SEC. 5. RECRUITMENT FEES.

    No employer, foreign labor contractor, or agent or employee of a 
foreign labor contractor, shall assess any fee (including visa fees, 
processing fees, transportation fees, legal expenses, placement fees, 
and other costs) to a worker for any foreign labor contracting 
activity.

SEC. 6. REGISTRATION.

    (a) Requirement To Register.--
            (1) In general.--Subject to paragraph (2), prior to 
        engaging in any foreign labor contracting activity, any person 
        who is a foreign labor contractor 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 
        foreign labor contractor, shall obtain a certificate of 
        registration from the Secretary of Labor pursuant to 
        regulations promulgated by the Secretary under subsection (c).
            (2) Exception for certain employers.--An employer, or 
        employee of an employer, who engages in foreign labor 
        contracting activity solely to find workers for that employer's 
        own use, and without the participation of any other foreign 
        labor contractor, shall not be required to register under this 
        section.
    (b) Notification.--
            (1) Annual employer notification.--Each employer shall 
        notify the Secretary, not less frequently than once every year, 
        of the identity of any foreign labor contractor involved in any 
        foreign labor contracting activity for, or on behalf of, the 
        employer, including at a minimum, the name and address of the 
        foreign labor contractor, a description of the services for 
        which the foreign labor contractor is being used, whether the 
        foreign labor contractor is to receive any economic 
        compensation for the services, and, if so, the identity of the 
        person or entity who is paying for the services.
            (2) Annual foreign labor contractor notification.--Each 
        foreign labor contractor shall notify the Secretary, not less 
        frequently than once every year, of the identity of any 
        subcontractor, agent, or foreign labor contractor employee 
        involved in any foreign labor contracting activity for, or on 
        behalf of, the foreign labor contractor.
            (3) Noncompliance notification.--An employer shall notify 
        the Secretary of the identity of a foreign labor contractor 
        whose activities do not comply with this Act.
            (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 foreign labor contractor 
        with which the employer has a contract or other agreement.
    (c) Regulations.--Not later than 180 days after the date of 
enactment of this Act, 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 contractors, 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) 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 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 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 worker;
            (6) providing for cooperation in any investigation by the 
        Secretary or other appropriate authorities;
            (7) providing for consent to the forfeiture of any bond for 
        failure to cooperate with these provisions;
            (8) 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 violation; and
            (9) providing for consultation with other appropriate 
        Federal agencies to determine whether any reason exists to deny 
        registration to a foreign labor contractor.
    (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 foreign 
        labor contractor 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 carrying out 
        foreign labor contract registration activities under this Act, 
        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, 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--
            (1) the applicant for, or holder of, the certification has 
        knowingly made a material misrepresentation in the application 
        for such certificate;
            (2) 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--
                    (A) is a person who has been refused issuance or 
                renewal of a certificate;
                    (B) has had a certificate revoked; or
                    (C) does not qualify for a certificate under this 
                section;
            (3) the applicant for, or holder of, the certification has 
        been convicted within the preceding 5 years of--
                    (A) any felony under State or Federal law or crime 
                involving 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, peonage, or smuggling or harboring 
                individuals who have entered the United States 
                illegally; 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; or
            (4) the applicant for, or holder of, the certification has 
        materially failed to comply with this section.
    (g) Re-Registration of Violators.--The Secretary shall establish a 
procedure by which a foreign labor contractor that has had its 
registration revoked under subsection (f) 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 
5 years and that the foreign labor contractor has taken sufficient 
steps to prevent future violations of this Act.
    (h) 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 
contractor, 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 Act or any other law.

SEC. 7. MAINTENANCE AND POSTING OF LISTS.

    (a) In General.--The Secretary shall maintain--
            (1) a list of all foreign labor contractors registered 
        under this subsection, including--
                    (A) the countries from which the contractors 
                recruit;
                    (B) the employers for whom the contractors recruit;
                    (C) the visa categories and occupations for which 
                the contractors recruit; and
                    (D) the States where recruited workers are 
                employed; and
            (2) a list of all foreign labor contractors whose 
        certificate of registration the Secretary has revoked.
    (b) Updates and Availability.--The Secretary shall--
            (1) update the lists required by subsection (a) on an 
        ongoing basis, not less frequently than every 6 months;
            (2) make such lists publicly available, including through 
        continuous publication on Internet websites; and
            (3) 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.

SEC. 8. 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), (L), (Q), 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. 
        1375b); and
            ``(2) has reviewed and made a part of the visa file the 
        foreign labor recruiter disclosures required by section 4 of 
        the Fraudulent Overseas Recruitment and Trafficking Elimination 
        Act of 2013, as well as a notation of whether the foreign labor 
        recruiter is registered pursuant section 6 of that Act.''.

SEC. 9. RESPONSIBILITIES OF THE SECRETARY OF STATE.

    (a) Overseas Availability of Foreign Labor Contractor Lists.--The 
Secretary of State shall make the lists required by section 7(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.
    (b) Designation of Personnel To Receive Complaints Overseas.--The 
Secretary of State shall--
            (1) designate personnel at each such post who are 
        responsible for receiving information regarding alleged 
        violations of this Act by foreign labor contractors, and for 
        conveying such information to the Secretary of Labor for 
        potential use in a complaint or investigation pursuant to 
        section 10; and
            (2) 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 paragraph (1).

SEC. 10. ENFORCEMENT PROVISIONS.

    (a) Complaints and Investigations.--The Secretary--
            (1) shall establish a process for the receipt, 
        investigation, and disposition of complaints filed by any 
        person regarding the compliance of any employer or foreign 
        labor contractor with this Act; and
            (2) either pursuant to the process required by paragraph 
        (1) or otherwise, may investigate employers or foreign labor 
        contractors, including actions occurring in a foreign country, 
        as necessary to determine compliance with this Act.
    (b) Enforcement.--
            (1) In general.--A worker who believes that he or she has 
        suffered harm from a violation of section 4 or 5 may seek 
        relief from an employer or foreign labor contractor by--
                    (A) filing a complaint with the Secretary within 3 
                years after the date on which the violation occurred or 
                date on which the worker became aware of the violation; 
                or
                    (B) if the Secretary has not issued a final 
                decision within 120 days of the filing of the complaint 
                and there is no showing that such delay is due to the 
                bad faith of the claimant, bringing an action at law or 
                equity for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy.
            (2) Procedure.--
                    (A) In general.--Unless otherwise provided herein, 
                a complaint under paragraph (1)(A) shall be governed 
                under the rules and procedures set forth in paragraphs 
                (1) and (2)(A) of section 42121(b) of title 49, United 
                States Code.
                    (B) Exception.--Notification of a complaint under 
                paragraph (1)(A) shall be made to each person or entity 
                named in the complaint as a defendant and to the 
                employer.
                    (C) Statute of limitations.--An action filed in a 
                district court of the United States under paragraph 
                (1)(B) shall be commenced not later than 180 days after 
                the last day of the 120-day period referred to in that 
                paragraph.
                    (D) Jury trial.--A party to an action brought under 
                paragraph (1)(B) shall be entitled to trial by jury.
    (c) Administrative Enforcement.--
            (1) In general.--If the Secretary finds, after notice and 
        an opportunity for a hearing, that any foreign labor contractor 
        or employer failed to comply with any of the requirements of 
        this Act, the Secretary may impose the following against such 
        contractor or employer--
                    (A) a fine in an amount not more than $10,000 per 
                violation; and
                    (B) upon the occasion of a third violation or a 
                failure to comply with representations, a fine of not 
                more than $25,000 per violation.
    (d) Authority To Ensure Compliance.--The Secretary is authorized to 
take other such actions, including issuing subpoenas and seeking 
appropriate injunctive relief and recovery of damages, as may be 
necessary to assure compliance with the terms and conditions of this 
Act.
    (e) Bonding.--Pursuant to any bond required pursuant to section 
6(h), bond liquidation and forfeitures shall be in addition to other 
remedies under this section or any other law.
    (f) Civil Action.--
            (1) 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 (g)(2) in any court of competent 
        jurisdiction--
                    (A) to seek remedial action, including injunctive 
                relief;
                    (B) to recover damages on behalf of any worker 
                harmed by a violation of section 4 or 5; and
                    (C) to ensure compliance with requirements of this 
                section.
            (2) Actions by the secretary.--
                    (A) Sums recovered.--Any sums recovered by the 
                Secretary on behalf of a worker under paragraph (1) or 
                through liquidation of any bond held pursuant to 
                section 6(h) shall be held in a special deposit account 
                and shall be paid, on order of the Secretary, directly 
                to each worker affected. Any such sums not paid to a 
                worker because of inability to do so within a period of 
                5 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 persons. The 
                Secretary shall work with any attorney or organization 
                representing workers to locate workers owed sums under 
                this section.
                    (B) Representation.--Except as provided in section 
                518(a) of title 28, United States Code, the Attorney 
                General may appear for and represent the Secretary in 
                any civil litigation brought under this paragraph. All 
                such litigation shall be subject to the direction and 
                control of the Attorney General.
            (3) Actions by individuals.--
                    (A) 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 (or 
                any regulation issued pursuant to this Act), the court 
                may award--
                            (i) damages, up to and including an amount 
                        equal to the amount of actual damages, and 
                        statutory damages of up to $1,000 per plaintiff 
                        per violation, or other equitable relief, 
                        except that with respect to statutory damages--
                                    (I) multiple infractions of a 
                                single provision of this Act (or of a 
                                regulation under this Act) shall 
                                constitute only 1 violation for 
                                purposes of section 3(a) to determine 
                                the amount of statutory damages due a 
                                plaintiff; and
                                    (II) if such complaint is certified 
                                as a class action the court may award--
                                            (aa) damages up to an 
                                        amount equal to the amount of 
                                        actual damages; and
                                            (bb) statutory damages of 
                                        not more than the lesser of up 
                                        to $1,000 per class member per 
                                        violation, or up to $500,000; 
                                        and other equitable relief;
                            (ii) reasonable attorneys' fees and costs; 
                        and
                            (iii) such other and further relief, 
                        including declaratory and injunctive relief, as 
                        necessary to effectuate the purposes of this 
                        Act.
                    (B) Criteria.--In determining the amount of 
                statutory damages to be awarded under subparagraph (A), 
                the court is authorized to consider whether an attempt 
                was made to resolve the issues in dispute before the 
                resort to litigation.
                    (C) Bond.--To satisfy the damages, fees, and costs 
                found owing under this subparagraph, the Secretary 
                shall release as much of any bond held pursuant to 
                section 6(h) as necessary.
                    (D) Appeal.--Any civil action brought under this 
                section shall be subject to appeal as provided in 
                chapter 83 of title 28, United States Code (28 U.S.C. 
                1291 et seq.).
                    (E) Access to legal services corporation.--
                Notwithstanding any other provision of law, 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 Act.
    (g) Agency Liability.--
            (1) In general.--Beginning 180 days after the Secretary has 
        promulgated regulations pursuant to section 6(c), an employer 
        who retains the services of a foreign labor contractor shall 
        only use those foreign labor contractors who are registered 
        under section 6.
            (2) Safe harbor.--An employer shall not have any liability 
        under this section if--
                    (A) 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 6 at the time of 
                referral; and
                    (B) prior to the initiation of any complaint or 
                investigation under subsection (a), 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 knowledge.
            (3) 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 violation.
    (h) Retaliation.--
            (1) In general.--No person shall intimidate, threaten, 
        restrain, coerce, discharge, or in any other manner 
        discriminate or retaliate against any worker or their family 
        members (including a former employee or an applicant for 
        employment) because such worker disclosed information to any 
        person that the worker reasonably believes evidences a 
        violation of this section (or any rule or regulation pertaining 
        to this section), including seeking legal assistance of counsel 
        or cooperating with an investigation or other proceeding 
        concerning compliance with this section (or any rule or 
        regulation pertaining to this section).
            (2) Enforcement.--An individual who is subject to any 
        conduct described in paragraph (1) may, in a civil action, 
        recover appropriate relief, including reasonable attorneys' 
        fees and costs, with respect to that violation. Any civil 
        action under this subparagraph shall be stayed during the 
        pendency of any criminal action arising out of the violation.
    (i) Waiver of Rights.--Agreements by workers purporting to waive or 
to modify their rights under this Act shall be void as contrary to 
public policy.
    (j) Presence During Pendency of Actions.--
            (1) In general.--If other immigration relief is not 
        available, 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 section.
            (2) Regulations.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall promulgate 
        regulations to carry out paragraph (1).

SEC. 11. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to preempt or alter any 
other rights or remedies, including any causes of action, available 
under any other Federal or State law.

SEC. 12. REGULATIONS.

    The Secretary is authorized to prescribe regulations to implement 
this Act and to develop policies and procedures to enforce the 
provisions of this Act.
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