615 
‘‘(1) INVESTIGATION OF COMPLAINTS.— 
‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY 
COMPLAINTS.—The Secretary of Labor shall es-
tablish a process for the receipt, investigation, 
and disposition of complaints respecting a peti-
tioner’s failure to meet a condition specified in 
section 218(b), or an employer’s misrepresenta-
tion of material facts in an application under 
section 218(a). Complaints may be filed by any 
aggrieved person or organization (including bar-
gaining representatives). No investigation or 
hearing shall be conducted on a complaint con-
cerning such a failure or misrepresentation un-
less the complaint was filed not later than 12 
months after the date of the failure, or mis-
representation, respectively. The Secretary of 
Labor shall conduct an investigation under this 
subparagraph if there is reasonable cause to be-
lieve that such a failure or misrepresentation 
has occurred. 
‘‘(B) DETERMINATION
ON
COMPLAINT.— 
Under such process, the Secretary of Labor 
shall provide, within 30 days after the date 
such a complaint is filed, for a determination as 
to whether or not a reasonable basis exists to 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00615
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
616 
make a finding described in subparagraph (C), 
(D), (E), or (G). If the Secretary of Labor de-
termines that such a reasonable basis exists, 
the Secretary of Labor shall provide for notice 
of such determination to the interested parties 
and an opportunity for a hearing on the com-
plaint, in accordance with section 556 of title 5, 
United States Code, within 60 days after the 
date of the determination. If such a hearing is 
requested, the Secretary of Labor shall make a 
finding concerning the matter not later than 60 
days after the date of the hearing. In the case 
of similar complaints respecting the same appli-
cant, the Secretary of Labor may consolidate 
the hearings under this subparagraph on such 
complaints. 
‘‘(C) FAILURES TO MEET CONDITIONS.—If 
the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a 
condition of paragraph (1)(A), (1)(B), (1)(D), 
(1)(F), (2)(A), (2)(B), or (2)(G) of section 
218(b), a substantial failure to meet a condition 
of paragraph (1)(C), (1)(E), (2)(C), (2)(D), 
(2)(E), or (2)(H) of section 218(b), or a mate-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00616
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
617 
rial misrepresentation of fact in an application 
under section 218(a)— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
alties in an amount not to exceed $1,000 
per violation) as the Secretary of Labor 
determines to be appropriate; and 
‘‘(ii) the Secretary may disqualify the 
employer from the employment of aliens 
described in section 101(a)(15)(H)(ii)(a) 
for a period of 1 year. 
‘‘(D) WILLFUL
FAILURES
AND
WILLFUL 
MISREPRESENTATIONS.—If the Secretary of 
Labor finds, after notice and opportunity for 
hearing, a willful failure to meet a condition of 
section 218(b), a willful misrepresentation of a 
material fact in an application under section 
218(a), or a violation of subsection (d)(1)— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
alties in an amount not to exceed $5,000 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00617
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
618 
per violation) as the Secretary of Labor 
determines to be appropriate; 
‘‘(ii) the Secretary of Labor may seek 
appropriate legal or equitable relief to ef-
fectuate the purposes of subsection (d)(1); 
and 
‘‘(iii) the Secretary may disqualify the 
employer from the employment of H–2A 
workers for a period of 2 years. 
‘‘(E) DISPLACEMENT OF UNITED STATES 
WORKERS.—If the Secretary of Labor finds, 
after notice and opportunity for hearing, a will-
ful failure to meet a condition of section 218(b) 
or a willful misrepresentation of a material fact 
in an application under section 218(a), in the 
course of which failure or misrepresentation the 
employer displaced a United States worker em-
ployed by the employer during the period of em-
ployment on the employer’s application under 
section 218(a) or during the period of 30 days 
preceding such period of employment— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00618
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
619 
alties in an amount not to exceed $15,000 
per violation) as the Secretary of Labor 
determines to be appropriate; and 
‘‘(ii) the Secretary may disqualify the 
employer from the employment of H–2A 
workers for a period of 3 years. 
‘‘(F) LIMITATIONS ON CIVIL MONEY PEN-
ALTIES.—The Secretary of Labor shall not im-
pose total civil money penalties with respect to 
an application under section 218(a) in excess of 
$90,000. 
‘‘(G) FAILURES
TO
PAY
WAGES
OR
RE-
QUIRED BENEFITS.—If the Secretary of Labor 
finds, after notice and opportunity for a hear-
ing, that the employer has failed to pay the 
wages, or provide the housing allowance, trans-
portation, subsistence reimbursement, or guar-
antee of employment, required under section 
218A(b), the Secretary of Labor shall assess 
payment of back wages, or other required bene-
fits, due any United States worker or H–2A 
worker employed by the employer in the specific 
employment in question. The back wages or 
other required benefits under section 218A(b) 
shall be equal to the difference between the 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00619
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
620 
amount that should have been paid and the 
amount that actually was paid to such worker. 
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 
this section shall be construed as limiting the au-
thority of the Secretary of Labor to conduct any 
compliance investigation under any other labor law, 
including any law affecting migrant and seasonal ag-
ricultural workers, or, in the absence of a complaint 
under this section, under section 218 or 218A. 
‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE RIGHT OF 
ACTION.—H–2A workers may enforce the following rights 
through the private right of action provided in subsection 
(c), and no other right of action shall exist under Federal 
or State law to enforce such rights: 
‘‘(1) The providing of housing or a housing al-
lowance as required under section 218A(b)(1). 
‘‘(2) The reimbursement of transportation as 
required under section 218A(b)(2). 
‘‘(3) The payment of wages required under sec-
tion 218A(b)(3) when due. 
‘‘(4) The benefits and material terms and con-
ditions of employment expressly provided in the job 
offer described in section 218(a)(2), not including 
the assurance to comply with other Federal, State, 
and local labor laws described in section 218A(c), 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00620
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
621 
compliance with which shall be governed by the pro-
visions of such laws. 
‘‘(5) The guarantee of employment required 
under section 218A(b)(4). 
‘‘(6) The motor vehicle safety requirements 
under section 218A(b)(5). 
‘‘(7) The prohibition of discrimination under 
subsection (d)(2). 
‘‘(c) PRIVATE RIGHT OF ACTION.— 
‘‘(1) MEDIATION.—Upon the filing of a com-
plaint by an H–2A worker aggrieved by a violation 
of rights enforceable under subsection (b), and with-
in 60 days of the filing of proof of service of the 
complaint, a party to the action may file a request 
with the Federal Mediation and Conciliation Service 
to assist the parties in reaching a satisfactory reso-
lution of all issues involving all parties to the dis-
pute. Upon a filing of such request and giving of no-
tice to the parties, the parties shall attempt medi-
ation within the period specified in subparagraph 
(B). 
‘‘(A) MEDIATION SERVICES.—The Federal 
Mediation and Conciliation Service shall be 
available to assist in resolving disputes arising 
under subsection (b) between H–2A workers 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00621
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
622 
and agricultural employers without charge to 
the parties. 
‘‘(B) 90-DAY LIMIT.—The Federal Medi-
ation and Conciliation Service may conduct me-
diation or other nonbinding dispute resolution 
activities for a period not to exceed 90 days be-
ginning on the date on which the Federal Medi-
ation and Conciliation Service receives the re-
quest for assistance unless the parties agree to 
an extension of this period of time. 
‘‘(C) AUTHORIZATION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), there are authorized to be appro-
priated to the Federal Mediation and Con-
ciliation Service $500,000 for each fiscal 
year to carry out this section. 
‘‘(ii) 
MEDIATION.—Notwithstanding 
any other provision of law, the Director of 
the Federal Mediation and Conciliation 
Service is authorized to conduct the medi-
ation or other dispute resolution activities 
from any other appropriated funds avail-
able to the Director and to reimburse such 
appropriated funds when the funds are ap-
propriated pursuant to this authorization, 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00622
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
623 
such reimbursement to be credited to ap-
propriations currently available at the time 
of receipt. 
‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS-
TRICT COURT BY AGGRIEVED PERSON.—An H–2A 
worker aggrieved by a violation of rights enforceable 
under subsection (b) by an agricultural employer or 
other person may file suit in any district court of the 
United States having jurisdiction over the parties, 
without regard to the amount in controversy, with-
out regard to the citizenship of the parties, and 
without regard to the exhaustion of any alternative 
administrative remedies under this Act, not later 
than 3 years after the date the violation occurs. 
‘‘(3) ELECTION.—An H–2A worker who has 
filed an administrative complaint with the Secretary 
of Labor may not maintain a civil action under 
paragraph (2) unless a complaint based on the same 
violation filed with the Secretary of Labor under 
subsection (a)(1) is withdrawn before the filing of 
such action, in which case the rights and remedies 
available under this subsection shall be exclusive. 
‘‘(4) 
PREEMPTION
OF
STATE
CONTRACT 
RIGHTS.—Nothing in this Act shall be construed to 
diminish the rights and remedies of an H–2A worker 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00623
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
624 
under any other Federal or State law or regulation 
or under any collective bargaining agreement, except 
that no court or administrative action shall be avail-
able under any State contract law to enforce the 
rights created by this Act. 
‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree-
ments by employees purporting to waive or modify 
their rights under this Act shall be void as contrary 
to public policy, except that a waiver or modification 
of the rights or obligations in favor of the Secretary 
of Labor shall be valid for purposes of the enforce-
ment of this Act. The preceding sentence may not 
be construed to prohibit agreements to settle private 
disputes or litigation. 
‘‘(6) AWARD
OF
DAMAGES
OR
OTHER
EQUI-
TABLE RELIEF.— 
‘‘(A) If the court finds that the respondent 
has intentionally violated any of the rights en-
forceable under subsection (b), it shall award 
actual damages, if any, or equitable relief. 
‘‘(B) Any civil action brought under this 
section shall be subject to appeal as provided in 
chapter 83 of title 28, United States Code. 
‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX-
CLUSIVE REMEDY.— 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00624
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
625 
‘‘(A) Notwithstanding any other provision 
of this section, where a State’s workers’ com-
pensation law is applicable and coverage is pro-
vided for an H–2A worker, the workers’ com-
pensation benefits shall be the exclusive remedy 
for the loss of such worker under this section 
in the case of bodily injury or death in accord-
ance with such State’s workers’ compensation 
law. 
‘‘(B) The exclusive remedy prescribed in 
subparagraph (A) precludes the recovery under 
paragraph (6) of actual damages for loss from 
an injury or death but does not preclude other 
equitable relief, except that such relief shall not 
include back or front pay or in any manner, di-
rectly or indirectly, expand or otherwise alter or 
affect— 
‘‘(i) a recovery under a State workers’ 
compensation law; or 
‘‘(ii) rights conferred under a State 
workers’ compensation law. 
‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— 
If it is determined under a State workers’ compensa-
tion law that the workers’ compensation law is not 
applicable to a claim for bodily injury or death of an 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00625
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
626 
H–2A worker, the statute of limitations for bringing 
an action for actual damages for such injury or 
death under subsection (c) shall be tolled for the pe-
riod during which the claim for such injury or death 
under such State workers’ compensation law was 
pending. The statute of limitations for an action for 
actual damages or other equitable relief arising out 
of the same transaction or occurrence as the injury 
or death of the H–2A worker shall be tolled for the 
period during which the claim for such injury or 
death was pending under the State workers’ com-
pensation law. 
‘‘(9) PRECLUSIVE EFFECT.—Any settlement by 
an H–2A worker and an H–2A employer or any per-
son reached through the mediation process required 
under subsection (c)(1) shall preclude any right of 
action arising out of the same facts between the par-
ties in any Federal or State court or administrative 
proceeding, unless specifically provided otherwise in 
the settlement agreement. 
‘‘(10) SETTLEMENTS.—Any settlement by the 
Secretary of Labor with an H–2A employer on be-
half of an H–2A worker of a complaint filed with the 
Secretary of Labor under this section or any finding 
by the Secretary of Labor under subsection 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00626
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
627 
(a)(1)(B) shall preclude any right of action arising 
out of the same facts between the parties under any 
Federal or State court or administrative proceeding, 
unless specifically provided otherwise in the settle-
ment agreement. 
‘‘(d) DISCRIMINATION PROHIBITED.— 
‘‘(1) IN GENERAL.—It is a violation of this sub-
section for any person who has filed an application 
under section 218(a), to intimidate, threaten, re-
strain, coerce, blacklist, discharge, or in any other 
manner discriminate against an employee (which 
term, for purposes of this subsection, includes a 
former employee and an applicant for employment) 
because the employee has disclosed information to 
the employer, or to any other person, that the em-
ployee reasonably believes evidences a violation of 
section 218 or 218A or any rule or regulation per-
taining to section 218 or 218A, or because the em-
ployee cooperates or seeks to cooperate in an inves-
tigation or other proceeding concerning the employ-
er’s compliance with the requirements of section 218 
or 218A or any rule or regulation pertaining to ei-
ther of such sections. 
‘‘(2) DISCRIMINATION
AGAINST
H–2A
WORK-
ERS.—It is a violation of this subsection for any per-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00627
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
628 
son who has filed an application under section 
218(a), to intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any manner discriminate 
against an H–2A employee because such worker has, 
with just cause, filed a complaint with the Secretary 
of Labor regarding a denial of the rights enumer-
ated and enforceable under subsection (b) or insti-
tuted, or caused to be instituted, a private right of 
action under subsection (c) regarding the denial of 
the rights enumerated under subsection (b), or has 
testified or is about to testify in any court pro-
ceeding brought under subsection (c). 
‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO-
PRIATE EMPLOYMENT.—The Secretary of Labor and the 
Secretary shall establish a process under which an H–2A 
worker who files a complaint regarding a violation of sub-
section (d) and is otherwise eligible to remain and work 
in the United States may be allowed to seek other appro-
priate employment in the United States for a period not 
to exceed the maximum period of stay authorized for such 
nonimmigrant classification. 
‘‘(f) ROLE OF ASSOCIATIONS.— 
‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA-
TION.—An employer on whose behalf an application 
is filed by an association acting as its agent is fully 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00628
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
629 
responsible for such application, and for complying 
with the terms and conditions of sections 218 and 
218A, as though the employer had filed the applica-
tion itself. If such an employer is determined, under 
this section, to have committed a violation, the pen-
alty for such violation shall apply only to that mem-
ber of the association unless the Secretary of Labor 
determines that the association or other member 
participated in, had knowledge, or reason to know, 
of the violation, in which case the penalty shall be 
invoked against the association or other association 
member as well. 
‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING 
AS AN EMPLOYER.—If an association filing an appli-
cation as a sole or joint employer is determined to 
have committed a violation under this section, the 
penalty for such violation shall apply only to the as-
sociation unless the Secretary of Labor determines 
that an association member or members participated 
in or had knowledge, or reason to know of the viola-
tion, in which case the penalty shall be invoked 
against the association member or members as well. 
‘‘SEC. 218D. DEFINITIONS. 
‘‘For purposes of this section and section 218, 218A, 
218B, and 218C: 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00629
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS