(b) TABLE OF CONTENTS.—The table of contents for 
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 re-
cruiters. 
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 traf-
ficking. 
Sec. 202. Obligations of United States consular officers. 
TITLE I—TRANSPARENCY IN THE 
RECRUITMENT OF FOREIGN 
WORKERS OUTSIDE OF THE 
UNITED STATES 
SEC. 101. DEFINITIONS. 
As used in this title, the following definitions apply: 
(1) EMPLOYER.—The term ‘‘employer’’ shall in-
clude any parent, branch, affiliate, or subsidiary of 
a United States or foreign firm, corporation, or 
other legal entity and any group treated as a single 
employer under subsection (b), (c), (m), or (o) of 
section 414 of the Internal Revenue Code of 1986. 
(2) FOREIGN LABOR CONTRACTING ACTIVITY.— 
The term ‘‘foreign labor contracting activity’’ means 
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recruiting, soliciting, or collecting funds from a pro-
spective worker or worker who resides outside of the 
United States and is physically present outside of 
the United States at the time of such activities, in 
furtherance of employment in the United States, 
pursuant to a work-authorized nonimmigrant visa, 
that will compensate that worker at a rate of com-
pensation below the rate of a highly compensated 
employee as required under the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 201 et seq.) and re-
quired under section 541.601(a) of title 29, Code of 
Federal Regulations, or any similar successor regu-
lation, including when such activity occurs wholly 
outside of the United States. 
(3) FOREIGN LABOR CONTRACTOR.—The term 
‘‘foreign labor contractor’’ means any individual, 
group of individuals, or employer who performs for-
eign labor contracting activity or utilizes a third- 
party foreign labor recruiter to perform such activ-
ity, except that such term does not include— 
(A) any Federal, State, or local govern-
mental entity; 
(B) a United States or foreign firm, cor-
poration, or other legal entity or parent, 
branch, affiliate, or subsidiary thereof that 
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hires its own existing employee from outside the 
United States to work for a branch of the same 
firm, corporation, or other legal entity or a par-
ent, affiliate, or subsidiary thereof within the 
United States; or 
(C) any attorney or person to the extent 
they are assisting an employer with preparing a 
petition, certification, application, or other doc-
uments or filings (such as a job order to be 
filed with a State workforce agency) related to 
the legal requirements to hire a prospective 
worker under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) or assisting with 
any subsequent administrative or judicial ap-
peals related to such petitions, certifications, 
applications, or related legal documents or ad-
vising the prospective worker about the visa ap-
plication and consular process. 
(4) PROSPECTIVE
WORKER.—The term ‘‘pro-
spective worker’’ means an individual who is not a 
national of the United States (as defined in section 
101(a)(22) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(22))) or an individual lawfully 
admitted for permanent residence (as defined in sec-
tion 101(a)(20) of such Act (8 U.S.C. 1101(a)(20))) 
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who is the subject of foreign labor contracting activ-
ity in furtherance of employment in the United 
States pursuant to a work-authorized nonimmigrant 
visa. 
(5) SECRETARY.—Except as otherwise specified 
in section 106, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(6) 
THIRD-PARTY
FOREIGN
LABOR
RE-
CRUITER.—The term ‘‘third-party foreign labor re-
cruiter’’ means any foreign labor contractor who re-
ceives remuneration for conducting foreign labor 
contracting activity, except that an employer who en-
gages in foreign labor contracting activity solely to 
find workers to be employed by the employer shall 
not be considered a third-party foreign labor re-
cruiter. An employer shall not be considered to be 
engaged in foreign labor contracting activity solely 
to find a worker to be employed by such employer 
if the worker performs duties predominantly at one 
or more worksites owned, operated, or controlled by 
another employer or employers and the other em-
ployer or employers direct and control the work of 
the worker. 
(7) WORK-AUTHORIZED NONIMMIGRANT VISA.— 
The term ‘‘work-authorized nonimmigrant visa’’ 
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means a nonimmigrant visa (as defined in section 
101(a)(26) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(26))) issued to a class of non-
immigrant aliens listed in section 214(s) of such Act 
(8 U.S.C. 1184(s)) (as added by section 202 of this 
Act) who are eligible under the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) to be employed 
in the United States. 
(8) WORKER.—The term ‘‘worker’’ means an 
individual who was the subject of foreign labor con-
tracting activity that resulted in the individual being 
issued a work-authorized nonimmigrant visa. Such 
term does not include an unauthorized alien (as de-
fined in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3))). 
SEC. 102. TRANSPARENCY IN FOREIGN RECRUITING BY 
FOREIGN LABOR CONTRACTORS. 
(a) PROVISION OF IMMIGRATION DOCUMENTS.—A 
foreign labor contractor (including a third-party foreign 
labor recruiter) who files a petition, certification, or appli-
cation required under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) for the purpose of obtaining, 
for a prospective worker such contractor has recruited or 
solicited (or has had a third-party labor recruiter recruit 
or solicit), a work-authorized nonimmigrant visa, shall 
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provide a copy of such petition, certification, or application 
to the prospective worker (but may exclude any financial 
or proprietary information of the employer and, in the case 
of a group petition, any personally identifiable information 
about other beneficiaries) and a copy of the approval noti-
fication regarding the petition, certification, or application 
to the worker (but may exclude any financial or propri-
etary information of the employer). 
(b) PROHIBITION ON FALSE AND MISLEADING IN-
FORMATION.—No foreign labor contractor (including a 
third-party foreign labor recruiter) described in subsection 
(a) shall knowingly provide materially false or misleading 
information to any worker or prospective worker con-
cerning any document required to be provided under such 
subsection. 
SEC. 103. TRANSPARENCY IN FOREIGN RECRUITING BY 
THIRD-PARTY FOREIGN LABOR RECRUITERS. 
(a) REQUIREMENT FOR DISCLOSURE.—A third-party 
foreign labor recruiter shall ascertain and, at the time a 
job offer is made, disclose to each prospective worker in 
writing in English and in the primary language of the 
worker, the following information: 
(1) All information that is reasonably available 
(including in summarized form, but not including 
any financial or proprietary information of the em-
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ployer) that would be required to be included in a 
petition, certification, or application under the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.) 
for the purpose of obtaining for such worker a work- 
authorized nonimmigrant visa, should the employer 
offering the job file such a petition, certification, or 
application. 
(2) All information regarding any fees and ex-
penses allowable under such Act that the foreign 
labor contractor (including a third-party foreign 
labor recruiter) will or may charge the worker (in-
cluding any costs for housing or accommodation, 
transportation to and from the United States and to 
and from the worksite, meals, health insurance, 
worker’s compensation, medical examinations, health 
care, tools or safety equipment costs, training, or 
any other benefits provided). 
(3) A statement, in a form specified by the Sec-
retary— 
(A) stating that— 
(i) no third-party foreign labor re-
cruiter, or agent or employee of such a 
person, lawfully may assess any recruit-
ment, placement, legal or processing fee on 
a prospective worker or a worker; 
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(ii) unless required by such Act, no 
foreign labor contractor (including a third- 
party foreign labor recruiter) is required to 
pay for the visa or passport fees or costs 
of transportation to and from the United 
States of a prospective worker or worker; 
and 
(iii) unless prohibited by such Act, 
any other law of the United States or a 
State, or the provisions related to a written 
employment contract entered into as pro-
vided in paragraph (4), the employment of 
a worker may be terminated or modified at 
any time by the employer; 
(B) explaining that— 
(i) if a written employment contract is 
entered into as provided in paragraph (4), 
no material changes may be made to a the 
original contract signed by the prospective 
worker or worker without the worker hav-
ing at least 24 hours to consider such 
changes and to provide their consent, ob-
tained voluntarily, except that if the work-
er does not provide consent, the worker 
may be terminated or the employment 
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modified 
pursuant 
to 
subparagraph 
(A)(iii); and 
(ii) any material changes made to the 
original contract that do not comply with 
clause (i) shall be a violation of this section 
and be subject to the enforcement under 
section 107; and 
(C) describing the protections afforded 
prospective workers and workers by this section, 
section 202 of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1375c), and the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), in-
cluding— 
(i) relevant information about the pro-
cedure for filing a complaint provided for 
in section 107; and 
(ii) the telephone number for the na-
tional human trafficking resource center 
hotline number. 
(4) If a written employment contract is entered 
into by a prospective worker or worker and an em-
ployer, either voluntarily by both parties or in com-
pliance with the Immigration and Nationality Act (8 
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U.S.C. 1101 et seq.), a signed copy of the work con-
tract. 
(b) RELATIONSHIP TO LABOR AND EMPLOYMENT 
LAWS.—Nothing in the disclosure required by subsection 
(a) shall constitute a legal conclusion as to a prospective 
worker’s or worker’s status or rights under any labor or 
employment law. Unless otherwise required by the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.), a 
written employment contract shall not be required to es-
tablish eligibility for a work authorized nonimmigrant visa 
under section 214(s) of the Immigration and Nationality 
Act (8 U.S.C. 1184(s)), as added by section 202 of this 
Act. 
(c) PROHIBITION ON FALSE AND MISLEADING IN-
FORMATION.—No third-party foreign labor recruiter shall 
knowingly provide materially false or misleading informa-
tion to any prospective worker concerning any matter re-
quired to be disclosed under subsection (a). 
SEC. 104. REGISTRATION OF THIRD-PARTY FOREIGN LABOR 
RECRUITERS. 
(a) REQUIREMENT TO REGISTER.—Prior to engag-
ing in any foreign labor contracting activity, any indi-
vidual, group of individuals, or employer who is a third- 
party foreign labor recruiter or who, for any money or 
other valuable consideration paid or promised to be paid, 
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performs a foreign labor contracting activity on behalf of 
a third-party foreign labor recruiter, shall have obtained 
a certificate of registration from the Secretary pursuant 
to regulations promulgated by the Secretary under sub-
section (c), except that during the first year after such 
regulations are promulgated, any individual, group of indi-
viduals, or employer who is a third-party foreign labor re-
cruiter or who, for any money or other valuable consider-
ation paid or promised to be paid, performs a foreign labor 
contracting activity on behalf of a third-party foreign labor 
recruiter, may engage in foreign labor contracting activity 
if such individual, group, or employer has applied for a 
certificate of registration from the Secretary pursuant to 
such regulations and the certificate has not been denied. 
(b) NOTIFICATION.— 
(1) ANNUAL EMPLOYER NOTIFICATION.—Each 
employer shall notify the Secretary, once each year, 
of the identity of any third-party foreign labor re-
cruiter involved in any foreign labor contracting ac-
tivity for, or on behalf of, the employer during that 
year, including at a minimum, the name and address 
of the third-party foreign labor recruiter, a descrip-
tion of the services for which the third-party foreign 
labor recruiter was being used, and whether the 
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third-party foreign labor recruiter received any eco-
nomic compensation for such services. 
(2) ANNUAL THIRD-PARTY FOREIGN LABOR RE-
CRUITER NOTIFICATION.—Each third-party foreign 
labor recruiter shall notify the Secretary, once each 
year, of the identity of any subcontractor, agent, or 
other third-party foreign labor recruiter involved in 
any foreign labor contracting activity for, or on be-
half of, the third-party foreign labor during that 
year. 
(3) NONCOMPLIANCE NOTIFICATION.—An em-
ployer shall notify the Secretary of the identity of a 
third-party foreign labor recruiter whose activities 
the employer knows does not comply with this sec-
tion. 
(4) AGREEMENT.—Not later than 7 days after 
receiving a request from the Secretary, an employer 
shall provide the Secretary with the identity of any 
third-party foreign labor recruiter with which the 
employer has a contract or other agreement. 
(c) REGULATIONS.—The Secretary shall promulgate 
regulations to establish an efficient electronic process for 
the timely investigation and approval of an application for 
a certificate of registration of third-party foreign labor re-
cruiters, including— 
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(1) a declaration, subscribed and sworn to by 
the applicant, stating the applicant’s permanent 
place of residence, the foreign labor contracting ac-
tivities for which the certificate is requested, and 
such other relevant information as the Secretary 
may require; 
(2) a set of fingerprints of the applicant; 
(3) an expeditious means to update registra-
tions and renew certificates; 
(4) a means of obtaining the consent of any 
third-party foreign labor recruiter over whom the 
courts of the United States would not otherwise have 
jurisdiction to the designation by a court for the 
Secretary to serve as an agent available to accept 
service of summons in any action against the appli-
cant, if the applicant has left the jurisdiction in 
which the action is commenced, otherwise has be-
come unavailable to accept service, or is subject to 
personal jurisdiction in no State; 
(5) providing for cooperation in any investiga-
tion by the Secretary or other appropriate authori-
ties; 
(6) providing for consent to the forfeiture of 
any bond for willful failure or refusal to comply with 
these provisions; 
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(7) providing for consent of an agent or con-
tractor to be liable for violations of this section by 
such agent or subcontractor of any level in relation 
to the foreign labor contracting activity to the same 
extent as if the third-party foreign labor recruiter 
had committed the violation if the third-party for-
eign labor recruiter had knowledge of the violation; 
and 
(8) providing for consultation with other appro-
priate Federal agencies to determine whether any 
reason exists to deny registration to a third-party 
foreign labor recruiter. 
(d) TERM OF REGISTRATION.—Unless suspended or 
revoked, a certificate under this section shall be valid for 
2 years. 
(e) APPLICATION FEE.— 
(1) REQUIREMENT FOR FEE.—In addition to 
any other fees authorized by law, the Secretary shall 
impose a fee, to be deposited in the general fund of 
the Treasury, on a third-party foreign labor re-
cruiter that submits an application for a certificate 
of registration under this section. 
(2) AMOUNT OF FEE.—The amount of the fee 
required by paragraph (1) shall be set at a level that 
the Secretary determines sufficient to cover the full 
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costs of regulating third-party foreign labor recruiter 
activities under this section, including worker edu-
cation and any additional costs associated with the 
administration of the fees collected. 
(f) REFUSAL TO ISSUE; REVOCATION.—In accord-
ance with regulations promulgated by the Secretary— 
(1) 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 great-
er than 5 years, after notice and an opportunity for 
a hearing, a certificate of registration under this sec-
tion 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; 
(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 section; 
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(C) the applicant for, or holder of, the cer-
tification has materially failed to comply with 
this subsection; or 
(D) the Secretary issues a final order pur-
suant to section 107(c) finding that the appli-
cant for, or holder of, the certification has com-
mitted a material violation of this title; and 
(2) the Secretary shall refuse to issue or renew, 
or shall revoke and debar from eligibility to obtain 
a certificate of registration, after notice and an op-
portunity for a hearing, a certificate of registration 
under this section if the applicant for, or holder of, 
the certification has been convicted of— 
(A) any felony under State or Federal law, 
any violation of section 274 of the Immigration 
and Nationality Act (8 U.S.C. 1324), or any 
crime under United States or foreign law in-
volving sex trafficking, human trafficking, rob-
bery, bribery, extortion, embezzlement, grand 
larceny, burglary, arson, violation of narcotics 
laws, murder, rape, assault with intent to kill, 
assault which inflicts grievous bodily injury, 
prostitution, or peonage; or 
(B) any crime relating to gambling, or to 
the sale, distribution, or possession of alcoholic 
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beverages in connection with or incident to any 
labor contracting activities. 
(g) RE-REGISTRATION
OF VIOLATORS.—The Sec-
retary shall establish a procedure by which a third-party 
foreign labor recruiter that has had its registration re-
voked under this section (other than pursuant to sub-
section (f)(2)) may seek to re-register under this sub-
section by demonstrating to the Secretary’s satisfaction 
that the third-party foreign labor recruiter has not vio-
lated this title in the previous 5 years and that the third 
party foreign labor recruiter has taken sufficient steps to 
prevent future violations of this title. 
(h) BONDING REQUIREMENT.—The Secretary is au-
thorized to require a third-party foreign labor recruiter to 
post a bond in an amount sufficient to ensure the protec-
tion of prospective workers and workers recruited by the 
third-party foreign labor recruiter, and to establish, by 
regulation, the conditions under which the bond amount 
is determined, paid, and forfeited. Any bond requirements 
or the forfeiture of any bond under this subsection are 
in addition to other remedies under this section or any 
other law. 
SEC. 105. THIRD-PARTY RECRUITMENT FEES. 
(a) PROHIBITION.—No third-party foreign labor re-
cruiter, or agent or employee of such a person, lawfully 
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may assess any recruitment, placement, legal or proc-
essing fee on a prospective worker or a worker. 
(b) NO REQUIREMENT TO PAY FOR VISA OR PASS-
PORT FEES.—Unless required by the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), no foreign labor 
contractor (including a third-party foreign labor recruiter) 
is required to pay for the visa or passport fees or costs 
of transportation to and from the United States of a pro-
spective worker or worker. 
SEC. 106. MAINTENANCE AND POSTING OF LISTS. 
(a) IN GENERAL.—The Secretary— 
(1) shall maintain an accurate list of all third- 
party foreign labor recruiters registered pursuant to 
section 104 that identifies— 
(A) the countries from which the contrac-
tors recruit; 
(B) the visa categories and occupations for 
which the contractors recruit; and 
(C) the States where recruited workers are 
employed; 
(2) shall maintain a list of all third-party for-
eign labor recruiters whose certificate of registration 
the Secretary has revoked; 
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(3) shall update the lists required by this sub-
section on an ongoing basis, not less frequently than 
every 6 months; 
(4) shall make such lists publicly available, in-
cluding through continuous publication on Internet 
websites; and 
(5) shall provide such lists to the Secretary of 
State, who shall make such lists available in written 
form at, and on the websites of, each United States 
diplomatic mission in the official language of the 
host country. 
(b) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
STATE.— 
(1) OVERSEAS
AVAILABILITY
OF
FOREIGN 
LABOR CONTRACTOR LISTS.—The Secretary of State 
shall make the lists required by subsection (a) pub-
licly available in written form at, and on the 
websites of, each United States diplomatic and con-
sular post in the official language of the host coun-
try. 
(2) DESIGNATION OF PERSONNEL TO RECEIVE 
COMPLAINTS
OVERSEAS.—The Secretary of State 
shall— 
(A) designate personnel at each such post 
who are responsible for receiving information 
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regarding alleged violations of this title by 
third-party foreign labor recruiters, and for 
conveying such information to the Secretary of 
Homeland Security for potential use in a com-
plaint or investigation pursuant to section 107; 
and 
(B) make publicly available on the website 
of each such post, in the official language of the 
host country, information on how to contact the 
personnel designated at that mission pursuant 
to subparagraph (A). 
SEC. 107. ENFORCEMENT. 
(a) FILING AND NOTIFICATION.—A worker who be-
lieves that the worker has suffered harm as a result of 
a material violation of this title by a third-party foreign 
labor recruiter or by a foreign labor contractor may, not 
later than the later of 180 days after the date on which 
such violation occurs or the worker becomes aware of such 
violation, but not later than two years after the date of 
such violation, file a complaint with the Secretary alleging 
such material violation. Upon receipt of such a complaint, 
the Secretary shall notify, in writing, the third-party for-
eign labor recruiter or foreign labor contractor named in 
the complaint of the filing of the complaint, of the allega-
tions contained in the complaint, of the substance of evi-
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dence supporting the complaint, and of the opportunities 
that will be afforded to such third-party foreign labor re-
cruiter or foreign labor contractor under subsection (b). 
(b) INVESTIGATION; PRELIMINARY ORDER.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of receipt of a complaint filed under sub-
section (a) and after affording the person named in 
the complaint an opportunity to submit to the Sec-
retary a written response to the complaint and an 
opportunity to meet with a representative of the Sec-
retary to present statements from witnesses, the 
Secretary shall conduct an investigation and deter-
mine whether there is reasonable cause to believe 
that the complaint has merit and notify, in writing, 
by certified or registered mail, the complainant and 
the third-party foreign labor recruiter or foreign 
labor contractor alleged to have committed a mate-
rial violation of this title of the Secretary’s findings. 
If the Secretary concludes that there is a reasonable 
cause to believe that a material violation of this title 
has occurred, the Secretary shall accompany the 
Secretary’s findings with a preliminary order pro-
viding the relief prescribed by subsection (c)(2). Not 
later than 30 days after the date of notification of 
findings under this subsection, either the person al-
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leged to have committed the violation or the com-
plainant may file objections to the findings or pre-
liminary order, or both, and request a hearing on 
the record. Such hearings shall be conducted expedi-
tiously. If objections are not filed or a hearing is not 
requested in such 30-day period, the preliminary 
order shall be deemed a final order that is not sub-
ject to judicial review. 
(2) REQUIREMENTS.— 
(A) REQUIRED
SHOWING
BY
COMPLAIN-
ANT.—The Secretary shall dismiss a complaint 
filed under this subsection and shall not con-
duct an investigation otherwise required under 
paragraph (1) unless the complainant makes a 
prima facie showing that any alleged violation 
of this title is a material violation and that the 
complainant suffered harm as a result of such 
alleged material violation. 
(B) CRITERIA
FOR
DETERMINATION
BY 
SECRETARY.—The Secretary may determine 
that a violation of this title has occurred only 
if the complainant demonstrates by a prepon-
derance of the evidence that the violation was 
material and that the complainant suffered 
harm as a result of the violation. 
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(c) FINAL ORDER.— 
(1) DEADLINE
FOR
ISSUANCE; SETTLEMENT 
AGREEMENTS.—Not later than 120 days after the 
date of conclusion of a hearing under subsection 
(b)(1), the Secretary shall issue a final order pro-
viding the relief prescribed by paragraph (2) or de-
nying the complaint. At any time before issuance of 
a final order, a proceeding under this subsection 
may be terminated on the basis of a settlement 
agreement entered into by the Secretary, the com-
plainant, and the third-party foreign labor recruiter 
or foreign labor contractor alleged to have com-
mitted the violation. 
(2) REMEDY.—If, in response to a complaint 
filed under subsection (a), the Secretary determines 
that a material violation of this title has occurred, 
the Secretary shall order the third-party foreign 
labor recruiter or foreign labor contractor who com-
mitted such violation to— 
(A) take affirmative action to abate the 
violation; 
(B) provide compensatory damages to the 
complainant; and 
(C) at the request of the complainant, shall 
assess against the third-party foreign labor re-
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cruiter or foreign labor contractor a sum equal 
to the aggregate amount of all costs and ex-
penses (including attorneys’ fees) reasonably in-
curred, as determined by the Secretary, by the 
complainant for, or in connection with, the 
bringing the complaint upon which the order 
was issued. 
(3) FRIVOLOUS COMPLAINTS.—If the Secretary 
determines that a complaint under subsection (a) is 
frivolous or has been brought in bad faith, the Sec-
retary shall award to the prevailing third-party for-
eign labor recruiter foreign labor contractor reason-
able attorneys’ fees and costs associated with de-
fending against such frivolous complaint. 
(d) JUDICIAL REVIEW.— 
(1) APPEAL TO COURT OF APPEALS.—A com-
plainant or third-party foreign labor recruiter or for-
eign labor contractor adversely affected or aggrieved 
by an order issued under subsection (c) may obtain 
review of the order in the United States Court of 
Appeals for the circuit in which the violation, with 
respect to which the order was issued, allegedly oc-
curred or the circuit in which the complainant re-
sided on the date of such alleged violation. The peti-
tion for review must be filed not later than 60 days 
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after the date of the issuance of the final order of 
the Secretary. Review shall conform to chapter 7 of 
title 5, United States Code. 
(2) LIMITATION ON COLLATERAL ATTACK.—An 
order of the Secretary with respect to which review 
could have been obtained under subparagraph (A) 
shall not be subject to judicial review in any criminal 
or other civil proceeding. 
(e) ENFORCEMENT OF ORDER BY SECRETARY OF 
HOMELAND SECURITY.—Whenever any person has failed 
to comply with an order issued under subsection (c), the 
Secretary may file a civil action in the United States dis-
trict court for the district in which the violation was found 
to have occurred to enforce such order. The Department 
of Justice shall represent the Department of Homeland 
Security in any such action. In actions brought under this 
paragraph, the district courts shall have jurisdiction to 
grant all appropriate relief including, but not limited to, 
injunctive relief and compensatory damages. 
(f) ENFORCEMENT OF ORDER BY PARTIES.— 
(1) COMMENCEMENT OF ACTION.—A person on 
whose behalf an order was issued under subsection 
(c) may commence a civil action against the person 
to whom such order was issued to require compli-
ance with such order. The appropriate United States 
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district court shall have jurisdiction, without regard 
to the amount in controversy or the citizenship of 
the parties, to enforce such order. 
(2) ATTORNEYS’ FEES.—The district court, in 
issuing any final order under this paragraph, may 
award costs of litigation (including reasonable attor-
neys’ fees) to any party whenever the court deter-
mines such award is appropriate. 
(g) TREATMENT OF EMPLOYERS THAT HIRE UN-
REGISTERED THIRD-PARTY FOREIGN LABOR RECRUIT-
ERS.— 
(1) IN GENERAL.—An employer who hires a 
third-party foreign labor recruiter that is not reg-
istered under section 104 shall, for purposes of this 
section, be treated as the third-party foreign labor 
recruiter (including with regard to notice, oppor-
tunity to be heard, and the right to appeal) if the 
unregistered third-party foreign labor recruiter is 
not subject to the jurisdiction of the courts of the 
United States or if the Secretary determines that 
the circumstances are such that enforcing the provi-
sions of this section against the unregistered foreign 
labor recruiter would be unreasonably difficult. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply if, in retaining the third-party labor recruiter, 
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the employer relied upon inaccurate or outdated in-
formation maintained by the Secretary pursuant to 
section 106. 
SEC. 108. REGULATIONS; EFFECTIVE DATE; REPORT. 
(a) REGULATIONS.—The Secretary and Secretary of 
State shall, not later than one year after the date of the 
enactment of this Act, prescribe regulations to implement 
this title and develop policies and procedures to enforce 
the provisions of this title. 
(b) EFFECTIVE DATE.—The provisions of this title 
shall be effective upon the promulgation of the final regu-
lations described in subsection (a) and shall apply to for-
eign labor contracting activity taking place on or after the 
effective date. 
(c) REPORT.—Not later than one year after the effec-
tive date, and annually for each of the following four 
years, the Secretary shall provide to the appropriate Con-
gressional committees a report that includes the following 
information for the preceding year: 
(1) Regarding complaints filed pursuant to sec-
tion 107(a)— 
(A) the number filed, both in total and 
broken out by visa category of the complaining 
worker; 
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(B) the number that were held to be time- 
barred; 
(C) the number that resulted in a deter-
mination by the Secretary of a material viola-
tion of the requirements of this title, and a gen-
eral description of the types of violations en-
countered during the year; and 
(D) the total number of final orders issued 
by the Secretary granting relief to a com-
plaining worker, a general description of the 
types of remedies that were granted, and a gen-
eral description of compensatory damages 
awarded during the year (including the range 
and the average of damages provided, both in 
total and broken out by visa category of the 
complaining worker). 
(2) Regarding the registration of third-party 
foreign labor recruiters pursuant to section 104: 
(A) the number of applications received, 
both in total and by country; 
(B) the number of certifications granted, 
both in total and by country; 
(C) the number of certifications refused, 
both in total and by country; and 
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(D) the number of certifications revoked, 
both in total and by country. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
For purposes of this section, ‘‘appropriate congressional 
committees’’ means— 
(1) the Committee on Education and the Work-
force, the Committee on Homeland Security, the 
Committee on the Judiciary, and the Committee on 
Foreign Affairs of the House; and 
(2) the Committee on the Judiciary, the Com-
mittee on Homeland Security and Governmental Af-
fairs, and the Committee on Foreign Relations of 
the Senate. 
TITLE II—OTHER PROVISIONS 
SEC. 201. ENSURING THAT FOREIGN ASSISTANCE DOES 
NOT CONTRIBUTE TO HUMAN TRAFFICKING. 
Section 106 of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104) is amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) PREVENTION OF TRAFFICKING IN 
CONJUNCTION
WITH
FOREIGN
ASSIST-
ANCE.—The United States Agency for 
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