I 
113TH CONGRESS 
1ST SESSION H. R. 3344 
To ensure that the provision of foreign assistance does not contribute to 
human trafficking and to combat human trafficking by requiring greater 
transparency in the recruitment of foreign workers. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2013 
Mr. ROYCE introduced the following bill; which was referred to the Committee 
on Education and the Workforce, and in addition to the Committees on 
Foreign Affairs and the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure that the provision of foreign assistance does not 
contribute to human trafficking and to combat human 
trafficking by requiring greater transparency in the re-
cruitment of foreign workers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fraudulent Overseas 
Recruitment and Trafficking Elimination Act of 2013’’. 
SEC. 2. DEFINITIONS. 
As used in this Act, the following definitions apply: 
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(1) FOREIGN LABOR CONTRACTING ACTIVITY.— 
The term ‘‘foreign labor contracting activity’’ means 
recruiting, soliciting, or related activities with re-
spect to an individual who resides outside of the 
United States in furtherance of employment in the 
United States, including when such activity occurs 
wholly outside of the United States. 
(2) FOREIGN LABOR CONTRACTOR.—The term 
‘‘foreign labor contractor’’ means any person who 
performs foreign labor contracting activity, including 
any person who performs foreign labor contracting 
activity wholly outside of the United States, except 
that the term does not include any entity of the 
United States Government. 
(3) PERSON.—The term ‘‘person’’ means any 
natural person or any corporation, company, firm, 
partnership, joint stock company or association or 
other organization or entity (whether organized 
under law or not), including municipal corporations. 
(4) SECRETARY.—Except as otherwise speci-
fied, 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 and does not include an exchange 
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visitor (as defined in section 62.2 of title 22, Code 
of Federal Regulations, or any similar successor reg-
ulation). 
SEC. 3. 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 ASSISTANCE.—The United States Agency 
for International Development and the Department of 
State shall make reasonable efforts to incorporate anti- 
trafficking and anti-slavery priorities into other aspects of 
foreign assistance, including the maintenance of systems, 
such as appropriate supply chain monitoring, to ensure 
that assistance programs do not contribute to vulnerability 
to, or the prevalence of, human trafficking and slavery, 
consistent with this Act.’’. 
SEC. 4. TRANSPARENCY IN FOREIGN RECRUITING. 
(a) REQUIREMENT FOR DISCLOSURE.—Any foreign 
labor contractor shall ascertain and disclose to each work-
er in writing in English and in the primary language of 
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the worker at the time of the worker’s recruitment, the 
following information: 
(1) The identity and address of the employer 
and the identity and address of the person con-
ducting the recruiting on behalf of the employer, in-
cluding any subcontractor or agent involved in such 
recruiting. 
(2) All assurances and terms and conditions of 
employment, from the prospective employer for 
whom the worker is being recruited, including the 
work hours, level of compensation to be paid, the 
place and period of employment, a description of the 
type and nature of employment activities, and any 
penalties for terminating employment. 
(3) An itemized list of any costs or expenses to 
be charged to the worker and any deductions to be 
taken from wages, including any costs for housing or 
accommodation, transportation to and from the 
worksite, meals, health insurance, workers’ com-
pensation, costs of benefits provided, medical exami-
nations, health care, tools, or safety equipment 
costs. 
(4) A signed copy of the work contract between 
the worker and the employer. 
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(5) The type of visa under which the foreign 
worker is to be employed, the length of time for 
which the visa will be valid, the terms and conditions 
under which the visa may be renewed, and a clear 
statement of any expenses associated with securing 
or renewing the visa. 
(6) Whether and the extent to which workers 
will be compensated through workers’ compensation, 
private insurance, or otherwise for injuries or death, 
including work-related injuries and death, during the 
period of employment and, if so, the name of the 
State workers’ compensation insurance carrier or the 
name of the policyholder of the private insurance, 
the name and the telephone number of each person 
who must be notified of an injury or death, and the 
time period within which such notice must be given. 
(7) A statement, in a form specified by the Sec-
retary— 
(A) stating that— 
(i) no foreign labor contractor, agent, 
or employee of a foreign labor contractor, 
may lawfully assess any fee (including visa 
fees, processing fees, transportation fees, 
legal expenses, placement fees, and other 
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costs) to a worker for any foreign labor 
contracting activity; and 
(ii) the employer may bear such costs 
or fees for the foreign labor contractor, but 
that these fees cannot be passed along to 
the worker; 
(B) explaining that— 
(i) no additional significant require-
ments or changes may be made to the 
original contract signed by the worker 
without at least 24 hours to consider such 
changes and the specific consent of the 
worker, obtained voluntarily and without 
threat of penalty; and 
(ii) any significant changes made to 
the original contract that do not comply 
with clause (i) shall be a violation of this 
Act and be subject to the provisions of sec-
tion 10 of this Act; and 
(C) describing the protections afforded the 
worker by this section and by section 202 of the 
William Wilberforce Trafficking Victims Protec-
tion Reauthorization Act of 2008 (8 U.S.C. 
1375b) and any applicable visa program, in-
cluding— 
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(i) relevant information about the pro-
cedure for filing a complaint provided for 
in section 10; and 
(ii) the telephone number for the na-
tional human trafficking resource center 
hotline number. 
(8) Any education or training to be provided or 
required, including— 
(A) the nature, timing, and cost of such 
training; 
(B) the person who will pay such costs; 
(C) whether the training is a condition of 
employment, continued employment, or future 
employment; and 
(D) whether the worker will be paid or re-
munerated during the training period, including 
the rate of pay. 
(b) RELATIONSHIP TO LABOR AND EMPLOYMENT 
LAWS.—Nothing in the disclosure required by subsection 
(a) shall constitute a legal conclusion as to the worker’s 
status or rights under any labor or employment law. 
(c) PROHIBITION ON FALSE AND MISLEADING IN-
FORMATION.—No foreign labor contractor or employer 
who engages in any foreign labor contracting activity shall 
knowingly provide materially false or misleading informa-
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tion to any worker concerning any matter required to be 
disclosed under subsection (a). The disclosure required by 
this section is a document concerning the proper adminis-
tration of a matter within the jurisdiction of a department 
or agency of the United States for the purposes of section 
1519 of title 18, United States Code. 
SEC. 5. RECRUITMENT FEES. 
No employer, foreign labor contractor, 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. 
SEC. 6. REGISTRATION. 
(a) REQUIREMENT TO REGISTER.— 
(1) IN GENERAL.—Subject to paragraph (2), 
prior to engaging in any foreign labor contracting 
activity, any person who is a foreign labor contractor 
or who, for any money or other valuable consider-
ation paid or promised to be paid, performs a for-
eign labor contracting activity on behalf of a foreign 
labor contractor, shall obtain a certificate of reg-
istration from the Secretary of Labor pursuant to 
regulations promulgated by the Secretary under sub-
section (c). 
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(2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 
employer, or employee of an employer, who engages 
in foreign labor contracting activity solely to find 
workers for that employer’s own use, and without 
the participation of any other foreign labor con-
tractor, shall not be required to register under this 
section. 
(b) NOTIFICATION.— 
(1) ANNUAL EMPLOYER NOTIFICATION.—Each 
employer shall notify the Secretary, not less fre-
quently than once every year, of the identity of any 
foreign labor contractor involved in any foreign labor 
contracting activity for, or on behalf of, the em-
ployer, including at a minimum, the name and ad-
dress of the foreign labor contractor, a description of 
the services for which the foreign labor contractor is 
being used, whether the foreign labor contractor is 
to receive any economic compensation for the serv-
ices, and, if so, the identity of the person or entity 
who is paying for the services. 
(2) ANNUAL FOREIGN LABOR CONTRACTOR NO-
TIFICATION.—Each foreign labor contractor shall 
notify the Secretary, not less frequently than once 
every year, of the identity of any subcontractor, 
agent, or foreign labor contractor employee involved 
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in any foreign labor contracting activity for, or on 
behalf of, the foreign labor contractor. 
(3) NONCOMPLIANCE NOTIFICATION.—An em-
ployer shall notify the Secretary of the identity of a 
foreign labor contractor whose activities do not com-
ply with this Act. 
(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 
foreign labor contractor with which the employer has 
a contract or other agreement. 
(c) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall pro-
mulgate regulations to establish an efficient electronic 
process for the timely investigation and approval of an ap-
plication for a certificate of registration of foreign labor 
contractors, including— 
(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; 
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(3) an expeditious means to update registra-
tions and renew certificates; 
(4) providing for the consent of any foreign 
labor contractor 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 jurisdiction in which the action 
is commenced, otherwise has become unavailable to 
accept service, or is subject to personal jurisdiction 
in no State; 
(5) providing for the consent of any foreign 
labor contractor to jurisdiction in any Federal or 
State court in the United States for any action 
brought by any aggrieved individual or worker; 
(6) providing for cooperation in any investiga-
tion by the Secretary or other appropriate authori-
ties; 
(7) providing for consent to the forfeiture of 
any bond for failure to cooperate with these provi-
sions; 
(8) providing for consent to be liable for viola-
tions of this Act by any agents or subcontractors of 
any level in relation to the foreign labor contracting 
activity of the agent or subcontractor to the same 
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extent as if the foreign labor contractor had com-
mitted the violation; and 
(9) providing for consultation with other appro-
priate Federal agencies to determine whether any 
reason exists to deny registration to a foreign labor 
contractor. 
(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 foreign labor contractor that sub-
mits 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 
costs of carrying out foreign labor contract registra-
tion activities under this Act, 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, the 
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Secretary shall refuse to issue or renew, or shall revoke 
and debar from eligibility to obtain a certificate of reg-
istration for a period of not greater than 5 years, after 
notice and an opportunity for a hearing, a certificate of 
registration under this section if— 
(1) the applicant for, or holder of, the certifi-
cation has knowingly made a material misrepresen-
tation in the application for such certificate; 
(2) the applicant for, or holder of, the certifi-
cation is not the real party in interest in the applica-
tion or certificate of registration and the real party 
in interest— 
(A) is a person who has been refused 
issuance or renewal of a certificate; 
(B) has had a certificate revoked; or 
(C) does not qualify for a certificate under 
this section; 
(3) the applicant for, or holder of, the certifi-
cation has been convicted within the preceding 5 
years of— 
(A) any felony under State or Federal law 
or crime involving robbery, bribery, extortion, 
embezzlement, grand larceny, burglary, arson, 
violation of narcotics laws, murder, rape, as-
sault with intent to kill, assault which inflicts 
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grievous bodily injury, prostitution, peonage, or 
smuggling or harboring individuals who have 
entered the United States illegally; or 
(B) any crime relating to gambling, or to 
the sale, distribution or possession of alcoholic 
beverages, in connection with or incident to any 
labor contracting activities; or 
(4) the applicant for, or holder of, the certifi-
cation has materially failed to comply with this sec-
tion. 
(g) RE-REGISTRATION
OF VIOLATORS.—The Sec-
retary shall establish a procedure by which a foreign labor 
contractor that has had its registration revoked under sub-
section (f) may seek to re-register under this subsection 
by demonstrating to the Secretary’s satisfaction that the 
foreign labor contractor has not violated this Act in the 
previous 5 years and that the foreign labor contractor has 
taken sufficient steps to prevent future violations of this 
Act. 
(h) BONDING REQUIREMENT.—The Secretary is au-
thorized to require a foreign labor contractor to post a 
bond in an amount sufficient to ensure the protection of 
workers recruited by the foreign labor contractor, and to 
establish, by regulation, the conditions under which the 
bond amount is determined, paid, and forfeited. Any bond 
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requirements or the forfeiture of any bond under this sub-
section are in addition to other remedies under this Act 
or any other law. 
SEC. 7. MAINTENANCE AND POSTING OF LISTS. 
(a) IN GENERAL.—The Secretary shall maintain— 
(1) a list of all foreign labor contractors reg-
istered under this subsection, including— 
(A) the countries from which the contrac-
tors recruit; 
(B) the employers for whom the contrac-
tors recruit; 
(C) the visa categories and occupations for 
which the contractors recruit; and 
(D) the States where recruited workers are 
employed; and 
(2) a list of all foreign labor contractors whose 
certificate of registration the Secretary has revoked. 
(b) UPDATES
AND AVAILABILITY.—The Secretary 
shall— 
(1) update the lists required by subsection (a) 
on an ongoing basis, not less frequently than every 
6 months; 
(2) make such lists publicly available, including 
through continuous publication on Internet websites; 
and 
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(3) 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 diplo-
matic mission in the official language of the host 
country. 
SEC. 8. OBLIGATIONS OF UNITED STATES CONSULAR OFFI-
CERS. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the fol-
lowing: 
‘‘(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 (8 U.S.C. 
1375b); and 
‘‘(2) has reviewed and made a part of the visa 
file the foreign labor recruiter disclosures required 
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