; and (ii) the employer submitting the application— (I) is determined to be acting in good faith regarding violations of the Fair Labor Standards Act of 1938 identified in such application or amendment; (II) has not been found by the Administrator or any court of law to have violated a minimum wage or overtime compensation requirement of such Act during the 5 years immediately preceding submission of such application; and (III) has not been approved for participation in the program prior to the submission of such application, unless— (aa) such participation was for a distinct violation of the Fair Labor Standards Act of 1938 than the practice identified in the self-audit under subsection (b)(2); and (bb) such employer has submitted the necessary materials for the Administrator to verify that such employer is not engaging in the practice addressed by the previous participation of the employer in the program. (d) Settlement (1) In general For each employer that submits an application under subsection (b)(2) that is approved under subsection (c)(2), the Administrator shall— (A) provide to the employer a description of the scope of the potential release of claims for violations of minimum wage or overtime compensation requirements of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) and a summary of any unpaid minimum wages or overtime compensation owed to each affected employee under such Act for such violations; and (B) issue a release form to each affected employee of such employer that describes the settlement terms, which shall include a written explanation of— (i) the waiver under paragraph (2)(B)