ferred to the Secretary of Health and Human 
Services for the purpose of providing support to 
programs that provide assistance to victims of 
trafficking in persons or other exploited per-
sons. The Secretary shall work with any attor-
ney or organization representing workers to lo-
cate workers owed sums under this section. 
(B) REPRESENTATION.—Except as pro-
vided in section 518(a) of title 28, United 
States Code, the Attorney General may appear 
for and represent the Secretary in any civil liti-
gation brought under this paragraph. All such 
litigation shall be subject to the direction and 
control of the Attorney General. 
(3) ACTIONS BY INDIVIDUALS.— 
(A) AWARD.—If the court finds in a civil 
action filed by an individual under this section 
that the defendant has violated any provision of 
this Act (or any regulation issued pursuant to 
this Act), the court may award— 
(i) damages, up to and including an 
amount equal to the amount of actual 
damages, and statutory damages of up to 
$1,000 per plaintiff per violation, or other 
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equitable relief, except that with respect to 
statutory damages— 
(I) multiple infractions of a sin-
gle provision of this Act (or of a regu-
lation under this Act) shall constitute 
only 1 violation for purposes of sec-
tion 3(a) to determine the amount of 
statutory damages due a plaintiff; and 
(II) if such complaint is certified 
as a class action the court may 
award— 
(aa) damages up to an 
amount equal to the amount of 
actual damages; and 
(bb) statutory damages of 
not more than the lesser of up to 
$1,000 per class member per vio-
lation, or up to $500,000; and 
other equitable relief; 
(ii) reasonable attorneys’ fees and 
costs; and 
(iii) such other and further relief, in-
cluding declaratory and injunctive relief, as 
necessary to effectuate the purposes of this 
Act. 
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(B) 
CRITERIA.—In 
determining 
the 
amount of statutory damages to be awarded 
under subparagraph (A), the court is author-
ized to consider whether an attempt was made 
to resolve the issues in dispute before the resort 
to litigation. 
(C) BOND.—To satisfy the damages, fees, 
and costs found owing under this subparagraph, 
the Secretary shall release as much of any bond 
held pursuant to section 6(h) as necessary. 
(D) APPEAL.—Any civil action brought 
under this section shall be subject to appeal as 
provided in chapter 83 of title 28, United 
States Code (28 U.S.C. 1291 et seq.). 
(E) ACCESS
TO
LEGAL
SERVICES
COR-
PORATION.—Notwithstanding any other provi-
sion of law, the Legal Services Corporation and 
recipients of its funding may provide legal as-
sistance on behalf of any alien with respect to 
any provision of this Act. 
(g) AGENCY LIABILITY.— 
(1) IN GENERAL.—Beginning 180 days after 
the Secretary has promulgated regulations pursuant 
to section 6(c), an employer who retains the services 
of a foreign labor contractor shall only use those for-
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eign labor contractors who are registered under sec-
tion 6. 
(2) SAFE HARBOR.—An employer shall not have 
any liability under this section if— 
(A) each worker claiming harm for any 
violation of this Act was referred to the em-
ployer by a foreign labor contractor that had a 
valid registration with the Secretary pursuant 
to section 6 at the time of referral; and 
(B) prior to the initiation of any complaint 
or investigation under subsection (a), the em-
ployer did not fail to notify the Secretary of any 
violation of this Act by a foreign labor con-
tractor of which the employer had actual knowl-
edge. 
(3) LIABILITY
FOR
AGENTS.—Foreign labor 
contractors shall be subject to the provisions of this 
section for violations committed by the foreign labor 
contractor’s agents or subcontractors of any level in 
relation to their foreign labor contracting activity to 
the same extent as if the foreign labor contractor 
had committed the violation. 
(h) RETALIATION.— 
(1) IN GENERAL.—No person shall intimidate, 
threaten, restrain, coerce, discharge, or in any other 
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manner discriminate or retaliate against any worker 
or their family members (including a former em-
ployee or an applicant for employment) because such 
worker disclosed information to any person that the 
worker reasonably believes evidences a violation of 
this section (or any rule or regulation pertaining to 
this section), including seeking legal assistance of 
counsel or cooperating with an investigation or other 
proceeding concerning compliance with this section 
(or any rule or regulation pertaining to this section). 
(2) ENFORCEMENT.—An individual who is sub-
ject to any conduct described in paragraph (1) may, 
in a civil action, recover appropriate relief, including 
reasonable attorneys’ fees and costs, with respect to 
that violation. Any civil action under this subpara-
graph shall be stayed during the pendency of any 
criminal action arising out of the violation. 
(i) WAIVER
OF RIGHTS.—Agreements by workers 
purporting to waive or to modify their rights under this 
Act shall be void as contrary to public policy. 
(j) PRESENCE DURING PENDENCY OF ACTIONS.— 
(1) IN GENERAL.—If other immigration relief is 
not available, the Attorney General and the Sec-
retary shall grant advance parole to permit a non-
immigrant to remain legally in the United States for 
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time sufficient to fully and effectively participate in 
all legal proceedings related to any action taken pur-
suant to this section. 
(2) REGULATIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall promulgate regulations to carry out 
paragraph (1). 
SEC. 11. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to preempt or 
alter any other rights or remedies, including any causes 
of action, available under any other Federal or State law. 
SEC. 12. REGULATIONS. 
The Secretary is authorized to prescribe regulations 
to implement this Act and to develop policies and proce-
dures to enforce the provisions of this Act. 
Æ 
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