349 
‘‘(5) DEATH.—If death results from any acts 
committed by any person in violation of this Act, or 
if such acts include kidnaping or an attempt to kid-
nap, aggravated sexual abuse, or an attempt to com-
mit aggravated sexual abuse, or an attempt to kill, 
the person shall be fined under title 18, United 
States Code, imprisoned for any term of years or for 
life, or both. 
‘‘(6) SUBSEQUENT VIOLATIONS.—Except to the 
extent that a greater maximum penalty is otherwise 
provided for in this section, a person who is con-
victed for any subsequent violation of this Act or 
any regulation under this Act shall be fined under 
title 18, United States Code, imprisoned not more 
than 3 years, or both.’’; and 
(2) by adding at the end the following: 
‘‘(c) 
RECORDKEEPING
AND
WAGE
REQUIRE-
MENTS.—Any person who knowingly and with intent to 
defraud violates section 201(a), 201(f), 301(a), or 301(f), 
or who knowingly and willfully violates section 202 or 302, 
shall be fined under title 18, United States Code, impris-
oned not more than 5 years, or both. 
‘‘(d) OBSTRUCTION OFFENSES.—Any person who ob-
structs, attempts to obstruct, interferes with, or prevents 
the enforcement of this section, shall be subject to the 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00349
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
350 
same fines and penalties as those prescribed for the under-
lying offense involved.’’. 
SEC. 5108. DIRECTIVE TO THE UNITED STATES SEN-
TENCING COMMISSION. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, the United 
States Sentencing Commission, in accordance with sub-
section (b), shall promulgate sentencing guidelines or 
amend existing sentencing guidelines to increase the pen-
alties imposed on persons convicted of offenses under— 
(1) section 274A of the Immigration and Na-
tionality Act (8 U.S.C. 1324a); 
(2) section 501 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 
1851); 
(3) section 16 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 216); and 
(4) any other Federal law covering conduct 
similar to the conduct prohibited under the provi-
sions of law referred to in paragraphs (1) through 
(3). 
(b) REQUIREMENTS.—In carrying out subsection (a), 
the Sentencing Commission shall provide sentencing en-
hancements for any person convicted of an offense re-
ferred to in subsection (a) if such offense involves— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00350
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
351 
(1) the confiscation of identification documents; 
(2) corruption, bribery, extortion, or robbery; 
(3) sexual abuse; 
(4) serious bodily injury; 
(5) an intent to defraud; or 
(6) a pattern of conduct involving multiple vio-
lations of law that— 
(A) creates a risk to the health or safety 
of any victim; or 
(B) denies payments due to victims for 
work completed. 
SEC. 5109. LABOR LAW ENFORCEMENT FUND. 
(a) IN GENERAL.—Section 286 of the Immigration 
and Nationality Act (8 U.S.C. 1356) is amended by add-
ing at the end the following: 
‘‘(w) LABOR LAW ENFORCEMENT ACCOUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘Labor Law Enforce-
ment Account’ (referred to in this subsection as the 
‘Account’). 
‘‘(2) DEPOSITS.—There shall be deposited as 
offsetting receipts into the Account penalties im-
posed under section 274A(a)(7). 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00351
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
352 
‘‘(3) EXPENDITURES.—Amounts deposited into 
the Account shall be made available to the Secretary 
of Labor to ensure compliance with workplace laws, 
including by random audits of such employers, in in-
dustries that have a history of significant employ-
ment of unauthorized workers or nonimmigrant 
workers pursuant to subclause (a) or (b) of section 
101(a)(15)(H)(ii).’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated such sums as may be necessary to 
carry out this title and the amendments made by 
this title (other than the amendment made by sub-
section (a)). 
(2) AVAILABILITY OF FUNDS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), amounts authorized to carry 
out the programs, projects, and activities rec-
ommended by the Commission may not be ex-
pended before— 
(i) the date that is 60 days after the 
submission of the report required under 
section 5101(e); or 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00352
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
353 
(ii) the date that is 2 years and 60 
days after the date of the enactment of 
this Act. 
(B) ADMINISTRATIVE
EXPENSES.—Not-
withstanding subparagraph (A), amounts re-
ferred to in that subparagraph may be ex-
pended for minimal administrative expenses di-
rectly associated with— 
(i) convening the public hearings re-
quired under section 5101(c)(2)(A); and 
(ii) preparing and providing sum-
maries of such hearings in accordance with 
section 5101(c)(2)(B). 
Æ 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00353
Fmt 6652
Sfmt 6301
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS