‘‘(B) FRIVOLOUS
COMPLAINTS.—A com-
plainant who files a frivolous complaint under 
this subsection shall be liable for the reasonable 
attorney’s fees and costs of the person named 
in the complaint. 
‘‘(6) POWER OF THE SECRETARY.—The Sec-
retary may bring an action in any court of com-
petent jurisdiction— 
‘‘(A) to seek remedial action, including in-
junctive relief; 
‘‘(B) to recover the damages described in 
subsection (n)(2); or 
‘‘(C) to ensure compliance with terms and 
conditions described in subsection (l)(5). 
‘‘(7) OTHER
RIGHTS
OF
EMPLOYEES.—The 
rights and remedies provided to H–2C non-
immigrants under this section are in addition to any 
other contractual or statutory rights and remedies of 
the workers, and are not intended to alter or affect 
such rights and remedies. 
‘‘(8) COMPLIANCE.—De minimis variations 
from the registered position’s duties described in the 
application and related materials or from the posi-
tion’s general description provided in the attestation 
or the advertising requirements pursuant to sub-
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section (e), including de minimis work or work inci-
dental to the job, shall be permitted and not be 
cause for complaint, referral, investigation, audit, or 
penalties. 
‘‘(n) PENALTIES.— 
‘‘(1) IN GENERAL.—If, after notice and an op-
portunity for a hearing, the Secretary finds a viola-
tion of this section, the Secretary may impose ad-
ministrative remedies and penalties, including re-
quiring the payment of— 
‘‘(A) back wages; and 
‘‘(B) benefits. 
‘‘(2) CIVIL
PENALTIES.—The Secretary may 
bring an action for a civil monetary penalty— 
‘‘(A) for a violation of this section— 
‘‘(i) in an amount not more than 
$3,000 for the first violation and $4,000 
per violation for each subsequent violation; 
or 
‘‘(ii) if the violation was committed 
knowingly, a fine in an amount not more 
than $5,000 per violation; 
‘‘(B) for intentionally failing to comply 
with the protections of United States workers 
required under this section or with the protec-
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tion of whistleblowers under subsection (l)(5), a 
fine in an amount not more than $25,000 per 
violation; or 
‘‘(C) for knowingly failing to materially 
comply with the terms of other representations 
made in petitions, applications, certifications, or 
attestations under this section— 
‘‘(i) a fine in an amount not more 
than $4,000 per violation; and 
‘‘(ii) upon the occasion of a third of-
fense of failure to comply with representa-
tions, a fine in an amount not to exceed 
$5,000 per violation and designation as an 
ineligible employer, pursuant to subsection 
(d)(3)(B)(i). 
‘‘(3) CRIMINAL
PENALTY.—Any H–2C non-
immigrant who intentionally fails to report to a reg-
istered position in the time period specified in sub-
section (c)(6)(A)(i) or a registered employer who 
knowingly facilitates an H–2C nonimmigrant to in-
tentionally fail to report in the time period specified 
above shall— 
‘‘(A) for a first offense, be fined in accord-
ance with title 18, United States Code, in an 
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amount up to $5,000, or imprisoned for not 
more than 90 days; and 
‘‘(B) for each subsequent offense, be fined 
in accordance with title 18, United States Code, 
in an amount up to $10,000, or imprisoned for 
not more than 1 year, or both. 
‘‘(o) MONITORING.— 
‘‘(1) ELECTRONIC MONITORING SYSTEM.— 
‘‘(A) REQUIREMENT
FOR
SYSTEM.—The 
Secretary, through U.S. Citizenship and Immi-
gration Services, shall implement an electronic 
monitoring system to monitor the presence and 
employment of H–2C nonimmigrants, including 
a requirement that registered employers update 
the system when H–2C nonimmigrants start 
and end employment in registered positions. 
The system shall be operational not later than 
6 months following the date of the publication 
of the final regulations to carry out this section. 
‘‘(B) RELATIONSHIP TO SEVIS.—Such sys-
tem shall be modeled on the Student and Ex-
change Visitor Information System (SEVIS) 
and SEVIS II tracking system of U.S. Immi-
gration and Customs Enforcement. 
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‘‘(C) INTERACTION
WITH
REGISTRY.— 
Such system shall interact with the registry re-
ferred to in subsection (e)(1)(E) to ensure that 
the Secretary designates and updates approved 
registered positions as being filled or unfilled. 
‘‘(D) EMPLOYER.—The employer shall no-
tify such system after offering employment to 
an H–2C nonimmigrant. 
‘‘(E) 
ACCESS
FOR
SECRETARY
OF 
STATE.—The Secretary of State shall have ac-
cess to such system to verify an alien’s offer of 
employment with a registered employer prior to 
admission as an H–2C nonimmigrant. 
‘‘(2) MANDATORY
E-VERIFY
USE.—No reg-
istered employer may employ an H–2C non-
immigrant without participating in the E-Verify 
Program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note) or an employ-
ment eligibility verification system patterned on such 
Program’s verification system. Any such system— 
‘‘(A) shall respond to inquiries made by 
registered employers by providing an employee’s 
employment eligibility; and 
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