I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fraudulent Overseas Recruitment and Trafficking Elimi6 nation Act of 2014’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 TITLE I—TRANSPARENCY IN THE 

4 RECRUITMENT OF FOREIGN 

5 WORKERS OUTSIDE OF THE 

6 UNITED STATES 

7 SEC. 101. DEFINITIONS. 

8 As used in this title, the following definitions apply: 

9 (1) EMPLOYER.—The term ‘‘employer’’ shall in10 clude any parent, branch, affiliate, or subsidiary of 

11 a United States or foreign firm, corporation, or 

12 other legal entity and any group treated as a single 

13 employer under subsection (b), (c), (m), or (o) of 

14 section 414 of the Internal Revenue Code of 1986. 

15 (2) FOREIGN LABOR CONTRACTING ACTIVITY.— 

16 The term ‘‘foreign labor contracting activity’’ means 


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1 recruiting, soliciting, or collecting funds from a pro2 spective worker or worker who resides outside of the 

3 United States and is physically present outside of 

4 the United States at the time of such activities, in 

5 furtherance of employment in the United States, 

6 pursuant to a work-authorized nonimmigrant visa, 

7 that will compensate that worker at a rate of com8 pensation below the rate of a highly compensated 

9 employee as required under the Fair Labor Stand10 ards Act of 1938 (29 U.S.C. 201 et seq.) and re11 quired under section 541.601(a) of title 29, Code of 

12 Federal Regulations, or any similar successor regu13 lation, including when such activity occurs wholly 

14 outside of the United States. 

15 (3) FOREIGN LABOR CONTRACTOR.—The term 

16 ‘‘foreign labor contractor’’ means any individual, 

17 group of individuals, or employer who performs for18 eign labor contracting activity or utilizes a third19 party foreign labor recruiter to perform such activ20 ity, except that such term does not include— 

21 (A) any Federal, State, or local govern22 mental entity; 

23 (B) a United States or foreign firm, cor24 poration, or other legal entity or parent, 

25 branch, affiliate, or subsidiary thereof that 


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1 hires its own existing employee from outside the 

2 United States to work for a branch of the same 

3 firm, corporation, or other legal entity or a par4 ent, affiliate, or subsidiary thereof within the 

5 United States; or 

6 (C) any attorney or person to the extent 

7 they are assisting an employer with preparing a 

8 petition, certification, application, or other doc9 uments or filings (such as a job order to be 

10 filed with a State workforce agency) related to 

11 the legal requirements to hire a prospective 

12 worker under the Immigration and Nationality 

13 Act (8 U.S.C. 1101 et seq.) or assisting with 

14 any subsequent administrative or judicial ap15 peals related to such petitions, certifications, 

16 applications, or related legal documents or ad17 vising the prospective worker about the visa ap18 plication and consular process. 

19 (4) PROSPECTIVE WORKER.—The term ‘‘pro20 spective worker’’ means an individual who is not a 

21 national of the United States (as defined in section 

22 101(a)(22) of the Immigration and Nationality Act 

23 (8 U.S.C. 1101(a)(22))) or an individual lawfully 

24 admitted for permanent residence (as defined in sec25 tion 101(a)(20) of such Act (8 U.S.C. 1101(a)(20))) 


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1 who is the subject of foreign labor contracting activ2 ity in furtherance of employment in the United 

3 States pursuant to a work-authorized nonimmigrant 

4 visa. 

5 (5) SECRETARY.—Except as otherwise specified 

6 in section 106, the term ‘‘Secretary’’ means the Sec7 retary of Homeland Security. 

8 (6) THIRD-PARTY FOREIGN LABOR RE9 CRUITER.—The term ‘‘third-party foreign labor re10 cruiter’’ means any foreign labor contractor who re11 ceives remuneration for conducting foreign labor 

12 contracting activity, except that an employer who en13 gages in foreign labor contracting activity solely to 

14 find workers to be employed by the employer shall 

15 not be considered a third-party foreign labor re16 cruiter. An employer shall not be considered to be 

17 engaged in foreign labor contracting activity solely 

18 to find a worker to be employed by such employer 

19 if the worker performs duties predominantly at one 

20 or more worksites owned, operated, or controlled by 

21 another employer or employers and the other em22 ployer or employers direct and control the work of 

23 the worker. 

24 (7) WORK-AUTHORIZED NONIMMIGRANT VISA.— 

25 The term ‘‘work-authorized nonimmigrant visa’’ 


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1 means a nonimmigrant visa (as defined in section 

2 101(a)(26) of the Immigration and Nationality Act 

3 (8 U.S.C. 1101(a)(26))) issued to a class of non4 immigrant aliens listed in section 214(s) of such Act 

5 (8 U.S.C. 1184(s)) (as added by section 202 of this 

6 Act) who are eligible under the Immigration and Na7 tionality Act (8 U.S.C. 1101 et seq.) to be employed 

8 in the United States. 

9 (8) WORKER.—The term ‘‘worker’’ means an 

10 individual who was the subject of foreign labor con11 tracting activity that resulted in the individual being 

12 issued a work-authorized nonimmigrant visa. Such 

13 term does not include an unauthorized alien (as de14 fined in section 274A(h)(3) of the Immigration and 

15 Nationality Act (8 U.S.C. 1324a(h)(3))). 

16 SEC. 102. TRANSPARENCY IN FOREIGN RECRUITING BY 

17 FOREIGN LABOR CONTRACTORS. 

18 (a) PROVISION OF IMMIGRATION DOCUMENTS.—A 

19 foreign labor contractor (including a third-party foreign 

20 labor recruiter) who files a petition, certification, or appli21 cation required under the Immigration and Nationality 

22 Act (8 U.S.C. 1101 et seq.) for the purpose of obtaining, 

23 for a prospective worker such contractor has recruited or 

24 solicited (or has had a third-party labor recruiter recruit 

25 or solicit), a work-authorized nonimmigrant visa, shall 


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1 provide a copy of such petition, certification, or application 

2 to the prospective worker (but may exclude any financial 

3 or proprietary information of the employer and, in the case 

4 of a group petition, any personally identifiable information 

5 about other beneficiaries) and a copy of the approval noti6 fication regarding the petition, certification, or application 

7 to the worker (but may exclude any financial or propri8 etary information of the employer). 

9 (b) PROHIBITION ON FALSE AND MISLEADING IN10 FORMATION.—No foreign labor contractor (including a 

11 third-party foreign labor recruiter) described in subsection 

12 (a) shall knowingly provide materially false or misleading 

13 information to any worker or prospective worker con14 cerning any document required to be provided under such 

15 subsection. 

16 SEC. 103. TRANSPARENCY IN FOREIGN RECRUITING BY 

17 THIRD-PARTY FOREIGN LABOR RECRUITERS. 

18 (a) REQUIREMENT FOR DISCLOSURE.—A third-party 

19 foreign labor recruiter shall ascertain and, at the time a 

20 job offer is made, disclose to each prospective worker in 

21 writing in English and in the primary language of the 

22 worker, the following information: 

23 (1) All information that is reasonably available 

24 (including in summarized form, but not including 

25 any financial or proprietary information of the emVerDate Mar 15 2010 04:37 May 09, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4586.IH H4586

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1 ployer) that would be required to be included in a 

2 petition, certification, or application under the Immi3 gration and Nationality Act (8 U.S.C. 1101 et seq.) 

4 for the purpose of obtaining for such worker a work5 authorized nonimmigrant visa, should the employer 

6 offering the job file such a petition, certification, or 

7 application. 

8 (2) All information regarding any fees and ex9 penses allowable under such Act that the foreign 

10 labor contractor (including a third-party foreign 

11 labor recruiter) will or may charge the worker (in12 cluding any costs for housing or accommodation, 

13 transportation to and from the United States and to 

14 and from the worksite, meals, health insurance, 

15 worker’s compensation, medical examinations, health 

16 care, tools or safety equipment costs, training, or 

17 any other benefits provided). 

18 (3) A statement, in a form specified by the Sec19 retary— 

20 (A) stating that— 

21 (i) no third-party foreign labor re22 cruiter, or agent or employee of such a 

23 person, lawfully may assess any recruit24 ment, placement, legal or processing fee on 

25 a prospective worker or a worker; 


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1 (ii) unless required by such Act, no 

2 foreign labor contractor (including a third3 party foreign labor recruiter) is required to 

4 pay for the visa or passport fees or costs 

5 of transportation to and from the United 

6 States of a prospective worker or worker; 

7 and 

8 (iii) unless prohibited by such Act, 

9 any other law of the United States or a 

10 State, or the provisions related to a written 

11 employment contract entered into as pro12 vided in paragraph (4), the employment of 

13 a worker may be terminated or modified at 

14 any time by the employer; 

15 (B) explaining that— 

16 (i) if a written employment contract is 

17 entered into as provided in paragraph (4), 

18 no material changes may be made to a the 

19 original contract signed by the prospective 

20 worker or worker without the worker hav21 ing at least 24 hours to consider such 

22 changes and to provide their consent, ob23 tained voluntarily, except that if the work24 er does not provide consent, the worker 

25 may be terminated or the employment 


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1 modified pursuant to subparagraph 

2 (A)(iii); and 

3 (ii) any material changes made to the 

4 original contract that do not comply with 

5 clause (i) shall be a violation of this section 

6 and be subject to the enforcement under 

7 section 107; and 

8 (C) describing the protections afforded 

9 prospective workers and workers by this section, 

10 section 202 of the William Wilberforce Traf11 ficking Victims Protection Reauthorization Act 

12 of 2008 (8 U.S.C. 1375c), and the Immigration 

13 and Nationality Act (8 U.S.C. 1101 et seq.), in14 cluding— 

15 (i) relevant information about the pro16 cedure for filing a complaint provided for 

17 in section 107; and 

18 (ii) the telephone number for the na19 tional human trafficking resource center 

20 hotline number. 

21 (4) If a written employment contract is entered 

22 into by a prospective worker or worker and an em23 ployer, either voluntarily by both parties or in com24 pliance with the Immigration and Nationality Act (8 


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1 U.S.C. 1101 et seq.), a signed copy of the work con2 tract. 

3 (b) RELATIONSHIP TO LABOR AND EMPLOYMENT

4 LAWS.—Nothing in the disclosure required by subsection 

5 (a) shall constitute a legal conclusion as to a prospective 

6 worker’s or worker’s status or rights under any labor or 

7 employment law. Unless otherwise required by the Immi8 gration and Nationality Act (8 U.S.C. 1101 et seq.), a 

9 written employment contract shall not be required to es10 tablish eligibility for a work authorized nonimmigrant visa 

11 under section 214(s) of the Immigration and Nationality 

12 Act (8 U.S.C. 1184(s)), as added by section 202 of this 

13 Act. 

14 (c) PROHIBITION ON FALSE AND MISLEADING IN15 FORMATION.—No third-party foreign labor recruiter shall 

16 knowingly provide materially false or misleading informa17 tion to any prospective worker concerning any matter re18 quired to be disclosed under subsection (a). 

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

20 RECRUITERS. 

21 (a) REQUIREMENT TO REGISTER.—Prior to engag22 ing in any foreign labor contracting activity, any indi23 vidual, group of individuals, or employer who is a third24 party foreign labor recruiter or who, for any money or 

25 other valuable consideration paid or promised to be paid, 


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1 performs a foreign labor contracting activity on behalf of 

2 a third-party foreign labor recruiter, shall have obtained 

3 a certificate of registration from the Secretary pursuant 

4 to regulations promulgated by the Secretary under sub5 section (c), except that during the first year after such 

6 regulations are promulgated, any individual, group of indi7 viduals, or employer who is a third-party foreign labor re8 cruiter or who, for any money or other valuable consider9 ation paid or promised to be paid, performs a foreign labor 

10 contracting activity on behalf of a third-party foreign labor 

11 recruiter, may engage in foreign labor contracting activity 

12 if such individual, group, or employer has applied for a 

13 certificate of registration from the Secretary pursuant to 

14 such regulations and the certificate has not been denied. 

15 (b) NOTIFICATION.— 

16 (1) ANNUAL EMPLOYER NOTIFICATION.—Each 

17 employer shall notify the Secretary, once each year, 

18 of the identity of any third-party foreign labor re19 cruiter involved in any foreign labor contracting ac20 tivity for, or on behalf of, the employer during that 

21 year, including at a minimum, the name and address 

22 of the third-party foreign labor recruiter, a descrip23 tion of the services for which the third-party foreign 

24 labor recruiter was being used, and whether the 


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1 third-party foreign labor recruiter received any eco2 nomic compensation for such services. 

3 (2) ANNUAL THIRD-PARTY FOREIGN LABOR RE4 CRUITER NOTIFICATION.—Each third-party foreign 

5 labor recruiter shall notify the Secretary, once each 

6 year, of the identity of any subcontractor, agent, or 

7 other third-party foreign labor recruiter involved in 

8 any foreign labor contracting activity for, or on be9 half of, the third-party foreign labor during that 

10 year. 

11 (3) NONCOMPLIANCE NOTIFICATION.—An em12 ployer shall notify the Secretary of the identity of a 

13 third-party foreign labor recruiter whose activities 

14 the employer knows does not comply with this sec15 tion. 

16 (4) AGREEMENT.—Not later than 7 days after 

17 receiving a request from the Secretary, an employer 

18 shall provide the Secretary with the identity of any 

19 third-party foreign labor recruiter with which the 

20 employer has a contract or other agreement. 

21 (c) REGULATIONS.—The Secretary shall promulgate 

22 regulations to establish an efficient electronic process for 

23 the timely investigation and approval of an application for 

24 a certificate of registration of third-party foreign labor re25 cruiters, including— 


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1 (1) a declaration, subscribed and sworn to by 

2 the applicant, stating the applicant’s permanent 

3 place of residence, the foreign labor contracting ac4 tivities for which the certificate is requested, and 

5 such other relevant information as the Secretary 

6 may require; 

7 (2) a set of fingerprints of the applicant; 

8 (3) an expeditious means to update registra9 tions and renew certificates; 

10 (4) a means of obtaining the consent of any 

11 third-party foreign labor recruiter over whom the 

12 courts of the United States would not otherwise have 

13 jurisdiction to the designation by a court for the 

14 Secretary to serve as an agent available to accept 

15 service of summons in any action against the appli16 cant, if the applicant has left the jurisdiction in 

17 which the action is commenced, otherwise has be18 come unavailable to accept service, or is subject to 

19 personal jurisdiction in no State; 

20 (5) providing for cooperation in any investiga21 tion by the Secretary or other appropriate authori22 ties; 

23 (6) providing for consent to the forfeiture of 

24 any bond for willful failure or refusal to comply with 

25 these provisions; 


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1 (7) providing for consent of an agent or con2 tractor to be liable for violations of this section by 

3 such agent or subcontractor of any level in relation 

4 to the foreign labor contracting activity to the same 

5 extent as if the third-party foreign labor recruiter 

6 had committed the violation if the third-party for7 eign labor recruiter had knowledge of the violation; 

8 and 

9 (8) providing for consultation with other appro10 priate Federal agencies to determine whether any 

11 reason exists to deny registration to a third-party 

12 foreign labor recruiter. 

13 (d) TERM OF REGISTRATION.—Unless suspended or 

14 revoked, a certificate under this section shall be valid for 

15 2 years. 

16 (e) APPLICATION FEE.— 

17 (1) REQUIREMENT FOR FEE.—In addition to 

18 any other fees authorized by law, the Secretary shall 

19 impose a fee, to be deposited in the general fund of 

20 the Treasury, on a third-party foreign labor re21 cruiter that submits an application for a certificate 

22 of registration under this section. 

23 (2) AMOUNT OF FEE.—The amount of the fee 

24 required by paragraph (1) shall be set at a level that 

25 the Secretary determines sufficient to cover the full 


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1 costs of regulating third-party foreign labor recruiter 

2 activities under this section, including worker edu3 cation and any additional costs associated with the 

4 administration of the fees collected. 

5 (f) REFUSAL TO ISSUE; REVOCATION.—In accord6 ance with regulations promulgated by the Secretary— 

7 (1) the Secretary shall refuse to issue or renew, 

8 or shall revoke and debar from eligibility to obtain 

9 a certificate of registration for a period of not great10 er than 5 years, after notice and an opportunity for 

11 a hearing, a certificate of registration under this sec12 tion if— 

13 (A) the applicant for, or holder of, the cer14 tification has knowingly made a material mis15 representation in the application for such cer16 tificate; 

17 (B) the applicant for, or holder of, the cer18 tification is not the real party in interest in the 

19 application or certificate of registration and the 

20 real party in interest— 

21 (i) is a person who has been refused 

22 issuance or renewal of a certificate; 

23 (ii) has had a certificate revoked; or 

24 (iii) does not qualify for a certificate 

25 under this section; 


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1 (C) the applicant for, or holder of, the cer2 tification has materially failed to comply with 

3 this subsection; or 

4 (D) the Secretary issues a final order pur5 suant to section 107(c) finding that the appli6 cant for, or holder of, the certification has com7 mitted a material violation of this title; and 

8 (2) the Secretary shall refuse to issue or renew, 

9 or shall revoke and debar from eligibility to obtain 

10 a certificate of registration, after notice and an op11 portunity for a hearing, a certificate of registration 

12 under this section if the applicant for, or holder of, 

13 the certification has been convicted of— 

14 (A) any felony under State or Federal law, 

15 any violation of section 274 of the Immigration 

16 and Nationality Act (8 U.S.C. 1324), or any 

17 crime under United States or foreign law in18 volving sex trafficking, human trafficking, rob19 bery, bribery, extortion, embezzlement, grand 

20 larceny, burglary, arson, violation of narcotics 

21 laws, murder, rape, assault with intent to kill, 

22 assault which inflicts grievous bodily injury, 

23 prostitution, or peonage; or 

24 (B) any crime relating to gambling, or to 

25 the sale, distribution, or possession of alcoholic 


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1 beverages in connection with or incident to any 

2 labor contracting activities. 

3 (g) RE-REGISTRATION OF VIOLATORS.—The Sec4 retary shall establish a procedure by which a third-party 

5 foreign labor recruiter that has had its registration re6 voked under this section (other than pursuant to sub7 section (f)(2)) may seek to re-register under this sub8 section by demonstrating to the Secretary’s satisfaction 

9 that the third-party foreign labor recruiter has not vio10 lated this title in the previous 5 years and that the third 

11 party foreign labor recruiter has taken sufficient steps to 

12 prevent future violations of this title. 

13 (h) BONDING REQUIREMENT.—The Secretary is au14 thorized to require a third-party foreign labor recruiter to 

15 post a bond in an amount sufficient to ensure the protec16 tion of prospective workers and workers recruited by the 

17 third-party foreign labor recruiter, and to establish, by 

18 regulation, the conditions under which the bond amount 

19 is determined, paid, and forfeited. Any bond requirements 

20 or the forfeiture of any bond under this subsection are 

21 in addition to other remedies under this section or any 

22 other law. 

23 SEC. 105. THIRD-PARTY RECRUITMENT FEES. 

24 (a) PROHIBITION.—No third-party foreign labor re25 cruiter, or agent or employee of such a person, lawfully 


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1 may assess any recruitment, placement, legal or proc2 essing fee on a prospective worker or a worker. 

3 (b) NO REQUIREMENT TO PAY FOR VISA OR PASS4 PORT FEES.—Unless required by the Immigration and 

5 Nationality Act (8 U.S.C. 1101 et seq.), no foreign labor 

6 contractor (including a third-party foreign labor recruiter) 

7 is required to pay for the visa or passport fees or costs 

8 of transportation to and from the United States of a pro9 spective worker or worker. 

10 SEC. 106. MAINTENANCE AND POSTING OF LISTS. 

11 (a) IN GENERAL.—The Secretary— 

12 (1) shall maintain an accurate list of all third13 party foreign labor recruiters registered pursuant to 

14 section 104 that identifies— 

15 (A) the countries from which the contrac16 tors recruit; 

17 (B) the visa categories and occupations for 

18 which the contractors recruit; and 

19 (C) the States where recruited workers are 

20 employed; 

21 (2) shall maintain a list of all third-party for22 eign labor recruiters whose certificate of registration 

23 the Secretary has revoked; 


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1 (3) shall update the lists required by this sub2 section on an ongoing basis, not less frequently than 

3 every 6 months; 

4 (4) shall make such lists publicly available, in5 cluding through continuous publication on Internet 

6 websites; and 

7 (5) shall provide such lists to the Secretary of 

8 State, who shall make such lists available in written 

9 form at, and on the websites of, each United States 

10 diplomatic mission in the official language of the 

11 host country. 

12 (b) RESPONSIBILITIES OF THE SECRETARY OF

13 STATE.— 

14 (1) OVERSEAS AVAILABILITY OF FOREIGN

15 LABOR CONTRACTOR LISTS.—The Secretary of State 

16 shall make the lists required by subsection (a) pub17 licly available in written form at, and on the 

18 websites of, each United States diplomatic and con19 sular post in the official language of the host coun20 try. 

21 (2) DESIGNATION OF PERSONNEL TO RECEIVE

22 COMPLAINTS OVERSEAS.—The Secretary of State 

23 shall— 

24 (A) designate personnel at each such post 

25 who are responsible for receiving information 


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1 regarding alleged violations of this title by 

2 third-party foreign labor recruiters, and for 

3 conveying such information to the Secretary of 

4 Homeland Security for potential use in a com5 plaint or investigation pursuant to section 107; 

6 and 

7 (B) make publicly available on the website 

8 of each such post, in the official language of the 

9 host country, information on how to contact the 

10 personnel designated at that mission pursuant 

11 to subparagraph (A). 

12 SEC. 107. ENFORCEMENT. 

13 (a) FILING AND NOTIFICATION.—A worker who be14 lieves that the worker has suffered harm as a result of 

15 a material violation of this title by a third-party foreign 

16 labor recruiter or by a foreign labor contractor may, not 

17 later than the later of 180 days after the date on which 

18 such violation occurs or the worker becomes aware of such 

19 violation, but not later than two years after the date of 

20 such violation, file a complaint with the Secretary alleging 

21 such material violation. Upon receipt of such a complaint, 

22 the Secretary shall notify, in writing, the third-party for23 eign labor recruiter or foreign labor contractor named in 

24 the complaint of the filing of the complaint, of the allega25 tions contained in the complaint, of the substance of eviVerDate Mar 15 2010 04:37 May 09, 2014 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4586.IH H4586

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1 dence supporting the complaint, and of the opportunities 

2 that will be afforded to such third-party foreign labor re3 cruiter or foreign labor contractor under subsection (b). 

4 (b) INVESTIGATION; PRELIMINARY ORDER.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 the date of receipt of a complaint filed under sub7 section (a) and after affording the person named in 

8 the complaint an opportunity to submit to the Sec9 retary a written response to the complaint and an 

10 opportunity to meet with a representative of the Sec11 retary to present statements from witnesses, the 

12 Secretary shall conduct an investigation and deter13 mine whether there is reasonable cause to believe 

14 that the complaint has merit and notify, in writing, 

15 by certified or registered mail, the complainant and 

16 the third-party foreign labor recruiter or foreign 

17 labor contractor alleged to have committed a mate18 rial violation of this title of the Secretary’s findings. 

19 If the Secretary concludes that there is a reasonable 

20 cause to believe that a material violation of this title 

21 has occurred, the Secretary shall accompany the 

22 Secretary’s findings with a preliminary order pro23 viding the relief prescribed by subsection (c)(2). Not 

24 later than 30 days after the date of notification of 

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1 leged to have committed the violation or the com2 plainant may file objections to the findings or pre3 liminary order, or both, and request a hearing on 

4 the record. Such hearings shall be conducted expedi5 tiously. If objections are not filed or a hearing is not 

6 requested in such 30-day period, the preliminary 

7 order shall be deemed a final order that is not sub8 ject to judicial review. 

9 (2) REQUIREMENTS.— 

10 (A) REQUIRED SHOWING BY COMPLAIN11 ANT.—The Secretary shall dismiss a complaint 

12 filed under this subsection and shall not con13 duct an investigation otherwise required under 

14 paragraph (1) unless the complainant makes a 

15 prima facie showing that any alleged violation 

16 of this title is a material violation and that the 

17 complainant suffered harm as a result of such 

18 alleged material violation. 

19 (B) CRITERIA FOR DETERMINATION BY

20 SECRETARY.—The Secretary may determine 

21 that a violation of this title has occurred only 

22 if the complainant demonstrates by a prepon23 derance of the evidence that the violation was 

24 material and that the complainant suffered 

25 harm as a result of the violation. 


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1 (c) FINAL ORDER.— 

2 (1) DEADLINE FOR ISSUANCE; SETTLEMENT

3 AGREEMENTS.—Not later than 120 days after the 

4 date of conclusion of a hearing under subsection 

5 (b)(1), the Secretary shall issue a final order pro6 viding the relief prescribed by paragraph (2) or de7 nying the complaint. At any time before issuance of 

8 a final order, a proceeding under this subsection 

9 may be terminated on the basis of a settlement 

10 agreement entered into by the Secretary, the com11 plainant, and the third-party foreign labor recruiter 

12 or foreign labor contractor alleged to have com13 mitted the violation. 

14 (2) REMEDY.—If, in response to a complaint 

15 filed under subsection (a), the Secretary determines 

16 that a material violation of this title has occurred, 

17 the Secretary shall order the third-party foreign 

18 labor recruiter or foreign labor contractor who com19 mitted such violation to— 

20 (A) take affirmative action to abate the 

21 violation; 

22 (B) provide compensatory damages to the 

23 complainant; and 

24 (C) at the request of the complainant, shall 

25 assess against the third-party foreign labor reVerDate Mar 15 2010 04:37 May 09, 2014 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4586.IH H4586

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1 cruiter or foreign labor contractor a sum equal 

2 to the aggregate amount of all costs and ex3 penses (including attorneys’ fees) reasonably in4 curred, as determined by the Secretary, by the 

5 complainant for, or in connection with, the 

6 bringing the complaint upon which the order 

7 was issued. 

8 (3) FRIVOLOUS COMPLAINTS.—If the Secretary 

9 determines that a complaint under subsection (a) is 

10 frivolous or has been brought in bad faith, the Sec11 retary shall award to the prevailing third-party for12 eign labor recruiter foreign labor contractor reason13 able attorneys’ fees and costs associated with de14 fending against such frivolous complaint. 

15 (d) JUDICIAL REVIEW.— 

16 (1) APPEAL TO COURT OF APPEALS.—A com17 plainant or third-party foreign labor recruiter or for18 eign labor contractor adversely affected or aggrieved 

19 by an order issued under subsection (c) may obtain 

20 review of the order in the United States Court of 

21 Appeals for the circuit in which the violation, with 

22 respect to which the order was issued, allegedly oc23 curred or the circuit in which the complainant re24 sided on the date of such alleged violation. The peti25 tion for review must be filed not later than 60 days 


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1 after the date of the issuance of the final order of 

2 the Secretary. Review shall conform to chapter 7 of 

3 title 5, United States Code. 

4 (2) LIMITATION ON COLLATERAL ATTACK.—An 

5 order of the Secretary with respect to which review 

6 could have been obtained under subparagraph (A) 

7 shall not be subject to judicial review in any criminal 

8 or other civil proceeding. 

9 (e) ENFORCEMENT OF ORDER BY SECRETARY OF

10 HOMELAND SECURITY.—Whenever any person has failed 

11 to comply with an order issued under subsection (c), the 

12 Secretary may file a civil action in the United States dis13 trict court for the district in which the violation was found 

14 to have occurred to enforce such order. The Department 

15 of Justice shall represent the Department of Homeland 

16 Security in any such action. In actions brought under this 

17 paragraph, the district courts shall have jurisdiction to 

18 grant all appropriate relief including, but not limited to, 

19 injunctive relief and compensatory damages. 

20 (f) ENFORCEMENT OF ORDER BY PARTIES.— 

21 (1) COMMENCEMENT OF ACTION.—A person on 

22 whose behalf an order was issued under subsection 

23 (c) may commence a civil action against the person 

24 to whom such order was issued to require compli25 ance with such order. The appropriate United States 


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1 district court shall have jurisdiction, without regard 

2 to the amount in controversy or the citizenship of 

3 the parties, to enforce such order. 

4 (2) ATTORNEYS’ FEES.—The district court, in 

5 issuing any final order under this paragraph, may 

6 award costs of litigation (including reasonable attor7 neys’ fees) to any party whenever the court deter8 mines such award is appropriate. 

9 (g) TREATMENT OF EMPLOYERS THAT HIRE UN10 REGISTERED THIRD-PARTY FOREIGN LABOR RECRUIT11 ERS.— 

12 (1) IN GENERAL.—An employer who hires a 

13 third-party foreign labor recruiter that is not reg14 istered under section 104 shall, for purposes of this 

15 section, be treated as the third-party foreign labor 

16 recruiter (including with regard to notice, oppor17 tunity to be heard, and the right to appeal) if the 

18 unregistered third-party foreign labor recruiter is 

19 not subject to the jurisdiction of the courts of the 

20 United States or if the Secretary determines that 

21 the circumstances are such that enforcing the provi22 sions of this section against the unregistered foreign 

23 labor recruiter would be unreasonably difficult. 

24 (2) EXCEPTION.—Paragraph (1) shall not 

25 apply if, in retaining the third-party labor recruiter, 


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1 the employer relied upon inaccurate or outdated in2 formation maintained by the Secretary pursuant to 

3 section 106. 

4 SEC. 108. REGULATIONS; EFFECTIVE DATE; REPORT. 

5 (a) REGULATIONS.—The Secretary and Secretary of 

6 State shall, not later than one year after the date of the 

7 enactment of this Act, prescribe regulations to implement 

8 this title and develop policies and procedures to enforce 

9 the provisions of this title. 

10 (b) EFFECTIVE DATE.—The provisions of this title 

11 shall be effective upon the promulgation of the final regu12 lations described in subsection (a) and shall apply to for13 eign labor contracting activity taking place on or after the 

14 effective date. 

15 (c) REPORT.—Not later than one year after the effec16 tive date, and annually for each of the following four 

17 years, the Secretary shall provide to the appropriate Con18 gressional committees a report that includes the following 

19 information for the preceding year: 

20 (1) Regarding complaints filed pursuant to sec21 tion 107(a)— 

22 (A) the number filed, both in total and 

23 broken out by visa category of the complaining 

24 worker; 


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1 (B) the number that were held to be time2 barred; 

3 (C) the number that resulted in a deter4 mination by the Secretary of a material viola5 tion of the requirements of this title, and a gen6 eral description of the types of violations en7 countered during the year; and 

8 (D) the total number of final orders issued 

9 by the Secretary granting relief to a com10 plaining worker, a general description of the 

11 types of remedies that were granted, and a gen12 eral description of compensatory damages 

13 awarded during the year (including the range 

14 and the average of damages provided, both in 

15 total and broken out by visa category of the 

16 complaining worker). 

17 (2) Regarding the registration of third-party 

18 foreign labor recruiters pursuant to section 104: 

19 (A) the number of applications received, 

20 both in total and by country; 

21 (B) the number of certifications granted, 

22 both in total and by country; 

23 (C) the number of certifications refused, 

24 both in total and by country; and 


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1 (D) the number of certifications revoked, 

2 both in total and by country. 

3 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

4 For purposes of this section, ‘‘appropriate congressional 

5 committees’’ means— 

6 (1) the Committee on Education and the Work7 force, the Committee on Homeland Security, the 

8 Committee on the Judiciary, and the Committee on 

9 Foreign Affairs of the House; and 

10 (2) the Committee on the Judiciary, the Com11 mittee on Homeland Security and Governmental Af12 fairs, and the Committee on Foreign Relations of 

13 the Senate. 

14 TITLE II—OTHER PROVISIONS 

15 SEC. 201. ENSURING THAT FOREIGN ASSISTANCE DOES 

16 NOT CONTRIBUTE TO HUMAN TRAFFICKING. 

17 Section 106 of the Trafficking Victims Protection Act 

18 of 2000 (22 U.S.C. 7104) is amended— 

19 (1) by redesignating subsections (i) and (j) as 

20 subsections (j) and (k), respectively; and 

21 (2) by inserting after subsection (h) the fol22 lowing: 

23 ‘‘(i) PREVENTION OF TRAFFICKING IN

24 CONJUNCTION WITH FOREIGN ASSIST25 ANCE.—The United States Agency for 


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1 International Development and the De2 partment of State shall make reasonable 

3 efforts to incorporate anti-trafficking and 

4 anti-slavery priorities into other aspects of 

5 foreign assistance, including the mainte6 nance of systems, such as appropriate sup7 ply chain monitoring, to ensure that assist8 ance programs do not contribute to vulner9 ability to, or the prevalence of, human 

10 trafficking and slavery, consistent with this 

11 Act.’’. 

12 SEC. 202. OBLIGATIONS OF UNITED STATES CONSULAR OF13 FICERS. 

14 Section 214 of the Immigration and Nationality Act 

15 (8 U.S.C. 1184) is amended by adding at the end the fol16 lowing: 

17 ‘‘(s) A visa shall not be issued under the subpara18 graph (A)(iii), (B)(i) (but only for domestic servants de19 scribed in clause (i) or (ii) of section 274a.12(c)(17) of 

20 title 8, Code of Federal Regulations (as in effect on De21 cember 4, 2007)), (G)(v), (H), (J) (but only for applicants 

22 for the Summer Work Travel Program described in sec23 tion 62.32 of title 22, Code of Federal Regulations (as 

24 in effect on May 11, 2012)), or (R) of section 101(a)(15) 

25 until the consular officer— 


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1 ‘‘(1) has provided to and reviewed with the ap2 plicant, in the applicant’s language (or a language 

3 the applicant understands), a copy of the informa4 tion and resources pamphlet required by section 202 

5 of the William Wilberforce Trafficking Victims Pro6 tection Reauthorization Act of 2008 (8 U.S.C. 

7 1375c); and 

8 ‘‘(2) has reviewed and made a part of the visa 

9 file the foreign labor recruiter disclosures required 

10 by title I of the Fraudulent Overseas Recruitment 

11 and Trafficking Elimination Act of 2014, as well as 

12 a notation of whether the foreign labor recruiter is 

13 registered pursuant section 104 of that Act.’’. 

Æ 


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