States from human trafficking and other abuses. 
Stronger legal frameworks will ensure the integrity 
of the American economy, which is undermined when 
unregulated actors conspire to fraudulently deceive 
workers about the terms and conditions of work. 
(b) DEFINITIONS.—In this section: 
(1) FOREIGN LABOR CONTRACTOR.—The term 
‘‘foreign labor contractor’’ means any person who 
performs any foreign labor contracting activity, in-
cluding any person who performs foreign labor con-
tracting activity wholly outside of the United States, 
except that the term does not include a United 
States governmental entity of the United States 
Government. 
(2) FOREIGN LABOR CONTRACTING ACTIVITY.— 
The term ‘‘foreign labor contracting activity’’ means 
recruiting, soliciting, hiring, employing, managing, 
or furnishing, processing visa applications for, trans-
porting, or housing an individual who resides outside 
of the United States to be employed in the United 
States, including when such activity occurs wholly 
outside of the United States. 
(3) PERSON.—The term ‘‘person’’ means any 
natural person or any corporation, company, firm, 
partnership, joint stock company or association or 
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other organization or entity (whether organized 
under law or not), including municipal corporations. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(5) WORKER.—The term ‘‘worker’’ means an 
individual who is the subject of foreign labor con-
tracting activity. 
(c) DISCLOSURE.—Any person who engages in for-
eign labor contracting activity shall ascertain and disclose 
in writing in English and in the language of the worker 
being recruited, to each worker who is recruited for em-
ployment, at the time of the worker’s recruitment, the fol-
lowing information: 
(1) The identity of the employer and the iden-
tity of the person conducting the recruiting on be-
half of the employer, including any subcontractor or 
agent involved in such recruiting. 
(2) A signed copy of the work contract, includ-
ing all assurances and terms and conditions of em-
ployment, from the prospective employer for whom 
the worker is being recruited. The contract shall in-
clude— 
(A) the level of compensation to be paid; 
(B) the place and period of employment; 
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(C) a description of the type and nature of 
employment activities; 
(D) any withholdings or deductions from 
compensation, whether on behalf of a govern-
ment, the employer, or a third party; and 
(E) any penalties for early termination of 
employment. 
(3) The type of visa under which the foreign 
worker is to be employed, the length of time the visa 
is valid, the terms and conditions under which this 
visa may be renewed with a clear statement that 
there is no guarantee that the visa will be renewed 
by the United States Government, whether or not 
the employer will apply for renewal of the worker’s 
visa and any expenses that the worker may incur 
with securing or renewing the visa. 
(4) An itemized list of any costs or expenses to 
be charged to the worker, including but not limited 
to— 
(A) the costs of housing or accommoda-
tion, transportation to and from the worksite, 
meals, medical examinations, healthcare or safe-
ty equipment costs; and 
(B) any other costs, expenses or deduc-
tions to be charged the worker. 
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(5) A statement, in a form specified by the Sec-
retary— 
(A) stating that no foreign labor con-
tractor, or agent or employee of a foreign labor 
contractor, can lawfully assess any fee (includ-
ing visa fees, processing fees, transportation 
fees, legal expenses, placement fees, and other 
costs) to a worker for any foreign labor con-
tracting activity; and that the employer may 
bear such costs or fees for the foreign labor 
contractor, but that these fees cannot be as-
sessed along to the worker; 
(B) explaining that— 
(i) no additional requirements or 
changes may be made from the terms of 
the contract originally signed by the work-
er unless the worker is provided at least 48 
hours to review and consider the additional 
requirements or changes; 
(ii) no such additional requirements or 
changes can be made to the original con-
tract signed by the worker without the spe-
cific consent of the worker to each such 
additional requirement or change; and 
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(iii) such consent must be obtained 
voluntarily and without threat of penalty 
or will be viewed as a violation of law sub-
ject to the provisions of subsection (i); and 
(C) describing the protections afforded the 
worker by this section and by the Trafficking 
Victims Protection Act of 2000 (Division A of 
the Public Law 106486) and any applicable 
guest worker program, including relevant infor-
mation about the procedure for filing a com-
plaint provided for in subsection (i) and tele-
phone number for the national human traf-
ficking resource center hotline number. 
(6) Any education or training to be provided or 
required, including the nature, timing and cost of 
such training and the person who will pay such 
costs, whether the training is a condition of employ-
ment, continued employment, or future employment; 
and whether the worker will be paid or remunerated 
during the training period, including the rate of pay. 
(7) Any other information that the Secretary 
may require by regulation. 
(d) RESTRICTION.—No foreign labor contractor or 
employer who engages in foreign labor contracting activity 
shall knowingly provide materially false or misleading in-
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formation to any worker concerning any matter required 
to be disclosed under subsection (c). The disclosure re-
quired by this section is a document concerning the proper 
administration of a matter within the jurisdiction of a de-
partment or agency of the United States for the purposes 
of section 1519 of title 18, United States Code. 
(e) RECRUITMENT FEES.—No foreign labor con-
tractor, 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. 
(f) REGISTRATION.— 
(1) IN GENERAL.—Before engaging in any for-
eign 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 paragraph (4). 
(2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 
employer, or employee of an employer, who engages 
in foreign labor contracting activity solely to find 
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approval of an application for a certificate of reg-
istration of foreign labor contractors, including— 
(A) requirements under paragraphs (1), 
(4), and (5) of section 102 of the Migrant and 
Seasonal Agricultural Worker Protection Act 
(29 U.S.C. 1812); 
(B) an expeditious means to update reg-
istrations and renew certificates; 
(C) providing for the consent of any for-
eign labor recruiter 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 juris-
diction in which the action is commenced other-
wise has become unavailable to accept service or 
is subject to personal jurisdiction in no State; 
(D) providing for consultation with other 
appropriate Federal agencies to determine 
whether any reason exists to deny registration 
to a foreign labor contractor; and 
(E) any other requirements that the Sec-
retary may prescribe. 
(5) TERM
OF
REGISTRATION.—Unless sus-
pended or revoked, a certificate under this subpara-
graph shall be valid for 2 years. 
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(6) APPLICATION
FEE.—In addition to any 
other fees authorized by law, the Secretary shall im-
pose a fee, to be deposited in the Treasury, on a for-
eign labor contractor that submits an application for 
a certificate of registration under this section on or 
after the date that is 30 days after the effective date 
of the regulations promulgated under this sub-
section. Fees shall be set at a level the Secretary de-
termines will cover the full costs of carrying out for-
eign labor contract registration activities under this 
section and any additional costs associated with the 
administration of the fees collected. 
(7) REFUSAL TO ISSUE; REVOCATION.—In ac-
cordance with regulations promulgated by the Sec-
retary of Labor, 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 oppor-
tunity for a hearing, a certificate of registration 
under this subparagraph if— 
(A) the applicant for, or holder of, the cer-
tification has knowingly made a material mis-
representation in the application for such cer-
tificate; 
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(B) the applicant for, or holder of, the cer-
tification 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 paragraph; 
(C) the applicant for, or holder of, the cer-
tification has been convicted within the pre-
ceding five years of any crime described in sub-
paragraph (A) or (B) of section 103(a)(5) of 
the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1813(a)(5)); or 
(D) the applicant for, or holder of, the cer-
tification has materially failed to comply with 
this subsection. 
(8) MAINTENANCE OF LISTS.— 
(A) IN
GENERAL.—The Secretary shall 
maintain— 
(i) a list of all foreign labor contrac-
tors registered under this subsection, in-
cluding the countries from which they re-
cruit, the employers for whom they recruit, 
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and the States where recruited workers are 
employed; and 
(ii) a list of all foreign labor contrac-
tors whose certificate of registration the 
Secretary has revoked. 
(B) PUBLIC AVAILABILITY.—Not less than 
every 6 months, the Secretary shall regularly 
update the list described in this paragraph and 
make the list publicly available including 
through continuous publication on the Internet 
and in written form at and on the Web sites of 
United States embassies in the official language 
of that country. 
(9) RE-REGISTRATION
OF
VIOLATORS.—The 
Secretary shall establish a procedure by which a for-
eign labor contractor that has had its registration 
revoked may seek to re-register under this para-
graph by demonstrating to the Secretary’s satisfac-
tion that the foreign labor contractor has not vio-
lated this subsection in the previous 5 years and 
that the foreign labor contractor has taken sufficient 
steps to prevent future violations of this subsection. 
(g) AMENDMENT
TO IMMIGRATION
AND NATION-
ALITY ACT.—Section 214 of the Immigration and Nation-
ality Act is amended by adding at the end the following: 
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‘‘(s) A visa shall not be issued under the subpara-
graph (A)(iii), (B)(i) (but only for domestic servants de-
scribed in clause (i) or (ii) of section 274a.12(c)(17) of 
title 8, Code of Federal Regulations (as in effect on De-
cember 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 ap-
plicant, in the applicant’s language (or a language 
the applicant understands), a copy of the informa-
tion and resources pamphlet required by section 202 
of the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008; and 
‘‘(2) has reviewed and made a part of the visa 
file the foreign labor recruiter disclosures required 
by section 234(c) of the Trafficking Victims Protec-
tion Reauthorization Act of 2011, including whether 
the foreign labor recruiter is registered pursuant to 
that section.’’. 
(h) RESPONSIBILITIES OF SECRETARY OF STATE.— 
(1) IN GENERAL.—The Secretary of State shall 
ensure that each United States diplomatic mission 
has a person who shall be responsible for receiving 
information from any worker who alleges to have 
been subjected to a severe form of trafficking in per-
sons, as that term is defined in section 103(8) of the 
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Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102(8)). 
(2) PROVISION OF INFORMATION.—The respon-
sible person shall ensure that the information re-
ceived is provided to the Department of Justice, the 
Department of Labor, or any other relevant Federal 
agency. The Department of Justice and the Depart-
ment of Labor shall ensure that there is a mecha-
nism for any actions that need to be taken in re-
sponse to such information. 
(i) ENFORCEMENT PROVISIONS.— 
(1) COMPLAINTS
AND
INVESTIGATIONS.—The 
Secretary of Labor shall establish a process for the 
receipt, investigation, and disposition of complaints 
filed by any person, including complaints respecting 
a foreign labor contractor’s compliance with this sec-
tion. The Secretary, either pursuant to the com-
plaint process or otherwise, may investigate employ-
ers or foreign labor contractors as necessary to de-
termine such compliance. 
(2) ADMINISTRATIVE ENFORCEMENT.— 
(A) IN GENERAL.—If the Secretary finds, 
after notice and an opportunity for a hearing, 
that any foreign labor contractor failed to com-
ply with the requirements of this section, the 
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Secretary may impose the following against 
such contractor— 
(i) a fine in an amount not more than 
$10,000 per violation; and 
(ii) upon the occasion of a third viola-
tion or a failure to comply with representa-
tions, a fine of not more than $25,000 per 
violation. 
(B) AUTHORITY
TO
ENSURE
COMPLI-
ANCE.—The Secretary is authorized to take 
other such actions, including issuing subpoenas 
and seeking appropriate injunctive relief and re-
covery of damages, as may be necessary to as-
sure compliance with the terms and conditions 
of this section. 
(C) BONDING
REQUIREMENT.—The Sec-
retary may require a foreign labor contractor to 
post a bond in the amount sufficient to ensure 
the protection of individuals recruited by the 
foreign labor contractor. 
(3) CIVIL ACTION.— 
(A) IN GENERAL.—The Secretary of Labor 
or any person aggrieved by a violation of this 
section (or regulations issued under this sec-
tion) may bring a civil action against any for-
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eign labor contractor in any court of competent 
jurisdiction— 
(i) to seek remedial action, including 
injunctive relief; 
(ii) to recover damages on behalf of 
any worker harmed by a violation of this 
section; and 
(iii) to ensure compliance with re-
quirements of this subsection. 
(B) ACTIONS
BY
THE
DEPARTMENT
OF 
LABOR.— 
(i) SUMS RECOVERED.—Any sums re-
covered by the Secretary on behalf of a 
worker under subparagraph (A)(ii) 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 sec-
tion and shall remain available to the Sec-
retary until expended or may be trans-
ferred to the Secretary of Health and 
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Human Services for the purpose of pro-
viding support to programs that provide 
assistance to victims of trafficking in per-
sons or other exploited persons. 
(ii) 
REPRESENTATION.—Except 
as 
provided in section 518(a) of title 28, 
United States Code, the Solicitor of Labor 
may appear for and represent the Sec-
retary of Labor in any civil litigation 
brought under this paragraph. All such 
litigation shall be subject to the direction 
and control of the Attorney General. 
(C) ACTIONS BY INDIVIDUALS.— 
(i) AWARD.—If the court finds in a 
civil action filed by an individual under 
this subsection that the defendant has vio-
lated any provision of this section (or any 
regulation under this section), it may 
award damages up to and including an 
amount equal to the amount of actual 
damages, or statutory damages of up to 
$1,000 per plaintiff per violation, or other 
equitable relief, except that with respect to 
statutory damages— 
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(I) multiple infractions of a sin-
gle provision of this section (or of a 
regulation under this section) shall 
constitute only 1 violation for pur-
poses of determining the amount of 
damages due a plaintiff; and 
(II) if such complaint is certified 
as a class action, the court may award 
damages up to an amount equal to 
the amount of actual damages, statu-
tory damages of no more than the 
lesser of up to $1,000 per violation, or 
up to $500,000, or other equitable re-
lief; and 
(III) reasonable attorneys fees 
and costs. 
(ii) CRITERIA.—In determining the 
amount of statutory damages to be award-
ed under clause (i), the court is authorized 
to consider whether an attempt was made 
to resolve the issues in dispute before the 
resort to litigation. 
(iii) 
APPEAL.—Any 
civil 
action 
brought under this section shall be subject 
to appeal as provided in chapter 83 of title 
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28, United States Code (28 U.S.C. 1291 et 
seq.). 
(iv) ACCESS TO LEGAL SERVICES COR-
PORATION.—Notwithstanding 
any 
other 
provision of law, the Legal Services Cor-
poration and recipients of its funding may 
provide legal services on behalf of an alien 
who brings a civil action under this para-
graph. 
(4) AGENCY LIABILITY.— 
(A) IN
GENERAL.—Beginning 180 days 
after the Secretary of Labor has promulgated 
regulations pursuant to subsection (f)(4), an 
employer who retains the services of a foreign 
labor contractor shall only use those foreign 
labor contractors who are registered under sub-
section (f). An employer who uses a foreign 
labor contractor who is not registered under 
subsection (f) after such time period, or who 
uses a foreign labor contractor that has violated 
any provision of this section, shall be subject to 
the provisions of this subsection for violations 
committed by such foreign labor contractor to 
the same extent as if the employer were the for-
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eign labor contractor who had committed the 
violation. 
(B) SAFE HARBOR.—An employer shall not 
have any liability under this subsection if the 
employer hires only workers referred by a for-
eign labor contractor that has a valid registra-
tion with the Department of Labor pursuant to 
subsection (f), the employer does not act with 
deliberate disregard of the fact that the foreign 
labor contractor has violated any provision of 
this section, and if the employer obtained 
knowledge of a violation of the provisions of 
this section, it immediately reported the viola-
tion to the Secretary. 
(5) RETALIATION.— 
(A) IN GENERAL.—No person shall intimi-
date, threaten, restrain, coerce, discharge or in 
any other manner discriminate or retaliate 
against any worker or their family members (in-
cluding a former employee or an applicant for 
employment) because such worker disclosed in-
formation to any person that the worker rea-
sonably believes evidences a violation of this 
section (or any rule or regulation pertaining to 
this section), including seeking legal assistance 
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of counsel or cooperating with an investigation 
or other proceeding concerning compliance with 
this section (or any rule or regulation per-
taining to this section). 
(B) ENFORCEMENT.—An individual who is 
subject to any conduct described in subpara-
graph (A) may, in a civil action, recover appro-
priate relief (including reasonable attorneys’ 
fees) with respect to that violation. Any civil ac-
tion under this subparagraph shall be stayed 
during the pendency of any criminal action aris-
ing out of the violation. 
(6) PRESENCE
DURING
PENDENCY
OF
AC-
TIONS.—The Attorney General and the Secretary of 
Homeland Security shall grant parole to the non-
immigrant to remain legally in the United States for 
time sufficient to fully and effectively participate in 
all legal proceedings related to any action taken pur-
suant to this subsection. Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall promulgate regu-
lations to carry out this provision. 
(7) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to preempt or alter any 
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other rights or remedies, including any causes of ac-
tion, available under any other Federal or State law. 
TITLE III—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000. 
(a) HUMAN SMUGGLING
AND TRAFFICKING CEN-
TER.—Section 112A(b)(4) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7109a(b)(4)) is amended 
by striking ‘‘fiscal years 2008 through 2011’’ and insert-
ing ‘‘fiscal years 2012 and 2013’’. 
(b) AUTHORIZATIONS OF APPROPRIATIONS.— 
(1) Section 112B(d) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7109b(d)) is 
amended by striking ‘‘for each of the fiscal years 
2008 through 2011, such sums as may be necessary 
to carry out this section’’ and inserting ‘‘$500,000 
for each of the fiscal years 2012 and 2013’’. 
(2) Section 113 of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7110) is amended— 
(A) in subsection (a)— 
(i) in the first sentence— 
(I) by striking ‘‘104,’’; and 
(II) by striking ‘‘fiscal years 
2008 through 2011’’ and inserting 
‘‘fiscal years 2012 and 2013’’; and 
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(ii) in the second sentence, by striking 
‘‘fiscal years 2008 through 2011’’ and in-
serting ‘‘fiscal years 2012 and 2013’’; 
(B) in subsection (b)— 
(i) in paragraph (1)— 
(I) by striking ‘‘fiscal years 2008 
through 2011’’ and inserting ‘‘fiscal 
years 2012 and 2013’’; and 
(II) by adding at the end the fol-
lowing: ‘‘Of the amount made avail-
able to carry out the purposes of sec-
tion 107(b) for a fiscal year, not less 
than two-thirds of such amount shall 
be used to provide services for victims 
under such section.’’; and 
(ii) in paragraph (2), by striking 
‘‘Secretary of Health and Human Serv-
ices’’ and all that follows and inserting 
‘‘Secretary of Health and Human Services 
$7,000,000 for each of the fiscal years 
2012 and 2013.’’; 
(C) in subsection (c)(1)— 
(i) in subparagraph (A), by striking 
‘‘fiscal years 2008 through 2011’’ and in-
serting ‘‘fiscal years 2012 and 2013’’; 
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(ii) in subparagraph (B), by striking 
‘‘fiscal years 2008 through 2011’’ each 
place it appears and inserting ‘‘fiscal years 
2012 and 2013’’; and 
(iii) in subparagraph (C), by striking 
‘‘fiscal years 2008 through 2011’’ and in-
serting ‘‘fiscal years 2012 and 2013’’; 
(D) in subsection (d)— 
(i) by redesignating subparagraphs 
(A) through (C) as paragraphs (1) through 
(3), respectively; 
(ii) in paragraph (1) (as redesig-
nated), by striking ‘‘fiscal years 2008 
through 2011’’ and inserting ‘‘fiscal years 
2012 and 2013’’; 
(iii) in paragraph (2) (as redesig-
nated), by striking ‘‘fiscal years 2008 
through 2011’’ and inserting ‘‘fiscal years 
2012 and 2013’’; and 
(iv) in paragraph (3) (as redesig-
nated), by striking ‘‘Attorney General’’ and 
all that follows and inserting ‘‘Attorney 
General $7,000,000 for each of the fiscal 
years 2012 and 2013.’’; 
(E) in subsection (e)— 
VerDate Mar 15 2010 
00:02 Aug 31, 2011
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E:\BILLS\H2830.IH
H2830
jbell on DSKDVH8Z91PROD with BILLS