list publicly available. The Secretary shall provide a proce-
dure by which an employer, a foreign labor contractor, or 
someone acting on behalf of such contractor may seek to 
have a foreign labor contractor’s name removed from such 
list by demonstrating to the Secretary’s satisfaction that 
the foreign labor contractor has not violated this Act in 
the previous five years. 
(3) No foreign labor contractor shall violate, without 
justification, the terms of any written agreements made 
with an employer pertaining to any contracting activity or 
worker protection under this Act. 
(c) DISCRIMINATION PROHIBITED.—No person shall 
intimidate, threaten, restrain, coerce, blacklist, discharge, 
or in any manner discriminate against any worker because 
such worker has, with just cause, filed any complaint or 
instituted, or caused to be instituted, any proceeding 
under or related to this Act, or has testified or is about 
to testify in any such proceedings, or because of the exer-
cise, with just cause, by such worker on behalf of himself 
or others of any right or protection afforded by this Act. 
SEC. 3. ENFORCEMENT PROVISIONS. 
(a) CRIMINAL SANCTIONS.—Whoever knowingly vio-
lates this Act shall be fined under title 18, United States 
Code, or imprisoned not more than one year, or both. 
Upon conviction, after a first conviction under this section,
for a second or subsequent violation of this Act, the de-
fendant shall be fined under title 18, United States Code, 
or imprisoned not more than three years, or both. 
(b) ADMINISTRATIVE SANCTIONS.—(1)(A) Subject to 
subparagraph (B), the Secretary may assess a civil money 
penalty of not more than $5,000 on any person who vio-
lates this Act. 
(B) In determining the amount of any penalty to be 
assessed under subparagraph (A), the Secretary shall take 
into account (i) the previous record of the person in terms 
of compliance with this Act and with comparable require-
ments of the Fair Labor Standards Act of 1938, and with 
regulations promulgated under such Acts, and (ii) the 
gravity of the violation. 
(2) Any employer who uses the services of a foreign 
labor contractor who is on the list maintained by the Sec-
retary pursuant to section 2(b)(2), shall, if the actions of 
such foreign labor contractor have contributed to a viola-
tion of this Act by the employer, be fined $10,000 per 
violation in addition to any other fines or penalties for 
which the employer may be liable for the violation. 
(c) ACTIONS BY SECRETARY.—The Secretary may 
take such actions, including seeking appropriate injunctive 
relief and specific performance of contractual obligations, 
as may be necessary to assure employer compliance with
terms and conditions of employment under this Act and 
with this Act. 
(d) WAIVER OF RIGHTS.—Agreements by employees 
purporting to waive or to modify their rights under this 
Act shall be void as contrary to public policy. 
(e) REPRESENTATION IN COURT.—Except as pro-
vided in section 518(a) of title 28, United States Code, 
relating to litigation before the Supreme Court, the Solic-
itor of Labor may appear for and represent the Secretary 
in any civil litigation brought under this Act, but all such 
litigation shall be subject to the direction and control of 
the Attorney General. 
SEC. 4. PROCEDURES IN ADDITION TO OTHER RIGHTS OF 
EMPLOYEES. 
The rights and remedies provided to workers by this 
Act are in addition to, and not in lieu of, any other con-
tractual or statutory rights and remedies of the workers, 
and are not intended to alter or affect such rights and 
remedies. 
SEC. 5. AUTHORITY TO PRESCRIBE REGULATIONS. 
The Secretary of Labor shall prescribe such regula-
tions as may be necessary to carry out this Act. 
SEC. 6. DEFINITIONS. 
(a) IN GENERAL.—Except as otherwise provided by 
this Act, for purposes of this Act the terms used in this
Act shall have the same meanings, respectively, as are 
given those terms in section 3 of the Fair Labor Stand-
ards Act of 1938. 
(b) OTHER DEFINITIONS.—As used in this Act: 
(1) The term ‘‘United States’’ means any with-
in any State. 
(2) The term ‘‘State’’ means any State of the 
United States and includes the District of Columbia, 
Puerto Rico, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and the 
Virgin Islands of the United States. 
(3) The term ‘‘foreign labor contractor’’ means 
any person who for any money or other valuable 
consideration paid or promised to be paid, performs 
any foreign labor contracting activity. 
(4) The term ‘‘foreign labor contracting activ-
ity’’ means recruiting, soliciting, hiring, employing, 
or furnishing, an individual who resides outside of 
the United States to be employed in the United 
States. 
(5) The term ‘‘Secretary’’ means the Secretary 
of Labor.