349 
‘‘(4) FEES.—A person conducting a foreign 
labor contracting activity shall not assess any fee to 
a worker for such foreign labor contracting activity. 
‘‘(5) TERMS.—No employer or foreign labor 
contractor shall, without justification, violate the 
terms of any agreement made by that contractor or 
employer regarding employment under this program. 
‘‘(6) TRAVEL COSTS.—If the foreign labor con-
tractor or employer charges the employee for trans-
portation such transportation costs shall be reason-
able. 
‘‘(7) OTHER WORKER PROTECTIONS.— 
‘‘(A) NOTIFICATION.—Not less frequently 
than once every 2 years, each employer shall 
notify the Secretary of Labor of the identity of 
any foreign labor contractor engaged by the em-
ployer in any foreign labor contractor activity 
for, or on behalf of, the employer. 
‘‘(B) REGISTRATION OF FOREIGN LABOR 
CONTRACTORS.— 
‘‘(i) IN
GENERAL.—No person shall 
engage in foreign labor recruiting activity 
unless such person has a certificate of reg-
istration from the Secretary of Labor 
specifying the activities that such person is 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00349
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
350 
authorized to perform. An employer who 
retains the services of a foreign labor con-
tractor shall only use those foreign labor 
contractors who are registered under this 
subparagraph. 
‘‘(ii) ISSUANCE.—The Secretary shall 
promulgate regulations to establish an effi-
cient electronic process for the investiga-
tion and approval of an application for a 
certificate of registration of foreign labor 
contractors not later than 14 days after 
such application is filed, including— 
‘‘(I) requirements under para-
graphs (1), (4), and (5) of section 102 
of the Migrant and Seasonal Agricul-
tural Worker Protection Act (29 
U.S.C. 1812); 
‘‘(II) an expeditious means to up-
date registrations and renew certifi-
cates; and 
‘‘(III) any other requirements 
that the Secretary may prescribe. 
‘‘(iii) TERM.—Unless suspended or re-
voked, a certificate under this subpara-
graph shall be valid for 2 years. 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00350
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
351 
‘‘(iv) REFUSAL
TO
ISSUE; REVOCA-
TION; SUSPENSION.—In accordance with 
regulations promulgated by the Secretary 
of Labor, the Secretary may refuse to issue 
or renew, or may suspend or revoke, a cer-
tificate of registration under this subpara-
graph if— 
‘‘(I) the application or holder of 
the certification has knowingly made a 
material misrepresentation in the ap-
plication for such certificate; 
‘‘(II) 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— 
‘‘(aa) is a person who has 
been refused issuance or renewal 
of a certificate; 
‘‘(bb) has had a certificate 
suspended or revoked; or 
‘‘(cc) does not qualify for a 
certificate under this paragraph; 
or 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00351
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
352 
‘‘(III) the applicant for or holder 
of the certification has failed to com-
ply with this Act. 
‘‘(C) REMEDY FOR VIOLATIONS.—An em-
ployer engaging in foreign labor contracting ac-
tivity and a foreign labor contractor that vio-
lates the provisions of this subsection shall be 
subject to remedies for foreign labor contractor 
violations under subsections (k) and (l). If a 
foreign labor contractor acting as an agent of 
an employer violates any provision of this sub-
section, the employer shall be subject to rem-
edies under subsections (k) and (l). An em-
ployer that violates a provision of this sub-
section relating to employer obligations shall be 
subject to remedies under subsections (k) and 
(l). 
‘‘(D) EMPLOYER NOTIFICATION.—An em-
ployer shall notify the Secretary of Labor if the 
employer becomes aware of a violation of this 
subsection by a foreign labor recruiter. 
‘‘(E) WRITTEN AGREEMENTS.—A foreign 
labor contractor may not violate the terms of 
any written agreements made with an employer 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00352
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
353 
relating to any contracting activity or worker 
protection under this subsection. 
‘‘(F) BONDING REQUIREMENT.—The Sec-
retary of Labor may require a foreign labor 
contractor to post a bond in an amount suffi-
cient to ensure the protection of individuals re-
cruited by the foreign labor contractor. The 
Secretary may consider the extent to which the 
foreign labor contractor has sufficient ties to 
the United States to adequately enforce this 
subsection. 
‘‘(i) WAIVER OF RIGHTS PROHIBITED.—An H–2C 
nonimmigrant may not be required to waive any rights or 
protections under this Act. Nothing under this subsection 
shall be construed to affect the interpretation of other 
laws. 
‘‘(j) NO THREATENING OF EMPLOYEES.—It shall be 
a violation of this section for an employer who has filed 
an attestation with the Department of Labor as part of 
the petition process under this section to threaten the 
alien beneficiary of such a petition with the withdrawal 
of such a petition in retaliation for the beneficiary’s exer-
cise of a right protected by this Act. 
‘‘(k) ENFORCEMENT.— 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00353
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
354 
‘‘(1) IN
GENERAL.—The Secretary of Labor 
shall promulgate regulations for the receipt, inves-
tigation, and disposition of complaints by an ag-
grieved person respecting a violation of this section. 
‘‘(2) FILING
DEADLINE.—No investigation or 
hearing shall be conducted on a complaint con-
cerning a violation under this section unless the 
complaint was filed not later than 12 months after 
the date of such violation. 
‘‘(3) REASONABLE
BASIS.—The Secretary of 
Labor shall conduct an investigation under this sub-
section if there is reasonable basis to believe that a 
violation of this section has occurred. The process 
established under this subsection shall provide that, 
not later than 30 days after a complaint is filed, the 
Secretary shall determine if there is reasonable 
cause to find such a violation. 
‘‘(4) NOTICE AND HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the Secretary of Labor makes a de-
termination of reasonable basis under para-
graph (3), the Secretary shall issue a notice to 
the interested parties and offer an opportunity 
for a hearing on the complaint, in accordance 
with section 556 of title 5, United States Code. 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00354
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
355 
‘‘(B) COMPLAINT.—If the Secretary of 
Labor, after receiving a complaint under this 
subsection, does not offer the aggrieved person 
or organization an opportunity for a hearing 
under subparagraph (A), the Secretary shall no-
tify the aggrieved person or organization of 
such determination and the aggrieved person or 
organization may seek a hearing on the com-
plaint under procedures established by the Sec-
retary which comply with the requirements of 
section 556. 
‘‘(C) HEARING DEADLINE.—Not later than 
60 days after the date of a hearing under this 
paragraph, the Secretary of Labor shall make a 
finding on the matter in accordance with para-
graph (5). 
‘‘(5) ATTORNEYS’ FEES.—A complainant who 
prevails with respect to a claim under this sub-
section shall be entitled to an award of reasonable 
attorneys’ fees and costs. 
‘‘(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; 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00355
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
356 
‘‘(B) to recover the damages described in 
subsection (i); or 
‘‘(C) to ensure compliance with terms and 
conditions described in subsection (g). 
‘‘(7) SOLICITOR
OF
LABOR.—Except as pro-
vided in section 518(a) of title 28, United States 
Code, the Solicitor of Labor may appear for and rep-
resent the Secretary of Labor in any civil litigation 
brought under this subsection. All such litigation 
shall be subject to the direction and control of the 
Attorney General. 
‘‘(8) PROCEDURES
IN
ADDITION
TO
OTHER 
RIGHTS OF EMPLOYEES.—The rights and remedies 
provided to workers under this section are in addi-
tion to any other contractual or statutory rights and 
remedies of the workers, and are not intended to 
alter or affect such rights and remedies. 
‘‘(l) PENALTIES.— 
‘‘(1) IN GENERAL.—If, after notice and an op-
portunity for a hearing, the Secretary of Labor finds 
a violation of subsection (b), (e), (f), or (g), the Sec-
retary may impose administrative remedies and pen-
alties, including— 
‘‘(A) back wages; 
‘‘(B) benefits; and 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00356
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS