Sec. 104. Registration of third-party foreign labor recruiters
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Prior to engaging in any foreign labor contracting activity, any individual, 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, 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 subsection (c), except that during the first year after such regulations are promulgated, any individual, 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, 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.
Each employer shall notify the Secretary, once each year, of the identity of any third-party foreign labor recruiter involved in any foreign labor contracting activity 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 description of the services for which the third-party foreign labor recruiter was being used, and whether the third-party foreign labor recruiter received any economic compensation for such services.
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 behalf of, the third-party foreign labor during that year. An employer shall notify the Secretary of the identity of a third-party foreign labor recruiter whose activities the employer knows does not comply with this section. 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.
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 recruiters, including— a declaration, subscribed and sworn to by the applicant, stating the applicant’s permanent place of residence, the foreign labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require; a set of fingerprints of the applicant; an expeditious means to update registrations and renew certificates; 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 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; providing for cooperation in any investigation by the Secretary or other appropriate authorities; providing for consent to the forfeiture of any bond for willful failure or refusal to comply with these provisions; providing for consent of an agent or contractor 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 foreign labor recruiter had knowledge of the violation; and providing for consultation with other appropriate Federal agencies to determine whether any reason exists to deny registration to a third-party foreign labor recruiter.
Unless suspended or revoked, a certificate under this section shall be valid for 2 years. 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 recruiter that submits an application for a certificate of registration under this section. 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 regulating third-party foreign labor recruiter activities under this section, including worker education and any additional costs associated with the administration of the fees collected. In accordance with regulations promulgated by the Secretary— 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 greater than 5 years, after notice and an opportunity for a hearing, a certificate of registration under this section if— the applicant for, or holder of, the certification has knowingly made a material misrepresentation in the application for such certificate; 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— is a person who has been refused issuance or renewal of a certificate; has had a certificate revoked; or does not qualify for a certificate under this section; the applicant for, or holder of, the certification has materially failed to comply with this subsection; or the Secretary issues a final order pursuant to section 107(c) finding that the applicant for, or holder of, the certification has committed a material violation of this title; and 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 opportunity for a hearing, a certificate of registration under this section if the applicant for, or holder of, the certification has been convicted of— 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 involving sex trafficking, human trafficking, robbery, 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 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. The Secretary shall establish a procedure by which a third-party foreign labor recruiter that has had its registration revoked under this section (other than pursuant to subsection (f)(2)) may seek to re-register under this subsection by demonstrating to the Secretary’s satisfaction that the third-party foreign labor recruiter has not violated 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. The Secretary is authorized to require a third-party foreign labor recruiter to post a bond in an amount sufficient to ensure the protection 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.
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Sec. 104
Registration of third-party foreign labor recruiters
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