340 
ployer, person, or entity previously 
subject to more than 1 order under 
this paragraph, a civil penalty of not 
less than $8,000 and not more than 
$25,000 for each individual subjected 
to an unfair immigration-related em-
ployment practice; and 
‘‘(IV) in the case of an unfair im-
migration-related employment practice 
described in paragraphs (4) through 
(7) of subsection (a), a civil penalty of 
not less than $500 and not more than 
$2,000 for each individual subjected 
to an unfair immigration-related em-
ployment practice.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)— 
(A) shall take effect on the date that is 1 
year after the date of the enactment of this Act; 
and 
(B) shall apply to violations occurring on 
or after such date of enactment. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended to read as 
follows: 
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‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
‘‘(A) $10,000,000 for each fiscal year (be-
ginning with fiscal year 1991); and 
‘‘(B) an additional $40,000,000 for each of 
fiscal years 2024 through 2026.’’. 
SEC. 5106. FAIRNESS FOR FARMWORKERS. 
(a) IN GENERAL.—Section 7 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 207) is amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3)(A) Except as provided in subparagraph (C), be-
ginning on January 1, 2024, no employer shall employ any 
employee employed in agriculture who in any workweek 
is engaged in commerce or in the production of goods for 
commerce, or is employed in an enterprise engaged in 
commerce or in the production of goods for commerce for 
a workweek that is longer than the hours specified under 
subparagraph (B), unless such employee receives com-
pensation for employment in excess of the hours specified 
in such subparagraph at a rate not less than 150 percent 
of the regular rate at which the employee is employed. 
‘‘(B) The hours specified in this subparagraph are, 
subject to subparagraph (C), as follows: 
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‘‘(i) Beginning on January 1, 2024, 55 hours in 
any workweek. 
‘‘(ii) Beginning on January 1, 2025, 50 hours 
in any workweek. 
‘‘(iii) Beginning on January 1, 2026, 45 hours 
in any workweek. 
‘‘(iv) Beginning on January 1, 2027, 40 hours 
in any workweek. 
‘‘(C) With respect to any employer that employs 25 
or fewer employees— 
‘‘(i) the requirement under subparagraph (A) 
shall begin on January 1, 2027; and 
‘‘(ii) the hours specified under subparagraph 
(B) shall be as follows: 
‘‘(I) The number of hours specified under 
subparagraph (B)(i) shall begin on January 1, 
2027. 
‘‘(II) The number of hours specified under 
subparagraph (B)(ii) shall begin on January 1, 
2028. 
‘‘(III) The number of hours specified 
under subparagraph (B)(iii) shall begin on Jan-
uary 1, 2029. 
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‘‘(IV) The number of hours specified under 
subparagraph (B)(iv) shall begin on January 1, 
2030.’’; and 
(2) by striking subsection (m). 
(b) REMOVING CERTAIN EXEMPTIONS FOR AGRICUL-
TURAL WORK.—Section 13 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 213) is amended— 
(1) in subsection (a), by amending paragraph 
(6) to read as follows: 
‘‘(6) any employee employed in agriculture who 
is the parent, spouse, child, or other member of the 
employer’s immediate family;’’; 
(2) in subsection (b)— 
(A) by striking paragraphs (12) through 
(16); and 
(B) by redesignating paragraphs (17), 
(20), (21), (24), (27), (28), (29), and (30) as 
paragraphs (12), (13), (14), (15), (16), (17), 
(18), and (19), respectively; and 
(3) by striking subsections (h) through (j). 
(c) CONFORMING AMENDMENTS.— 
(1) FAIR LABOR STANDARDS ACT OF 1938.— 
Section 13(c)(1)(A) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 213(c)(1)(A)) is amended by 
striking ‘‘none of the employees’’ and all that follows 
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through and inserting ‘‘all of the employees of which 
are employed in agriculture and are employed by an 
employer who did not, during any calendar quarter 
during the preceding calendar year, use more than 
500 man-days of agricultural labor (within the 
meaning 
of 
the 
exemption 
under 
subsection 
(a)(6)(A)), as in effect on the day before the date 
of the enactment of the U.S. Citizenship Act),’’. 
(2) MIGRANT
AND
SEASONAL
AGRICULTURAL 
WORKER PROTECTION ACT.—The Migrant and Sea-
sonal Agricultural Worker Protection Act (Public 
Law 97–470) is amended— 
(A) in section 3 (29 U.S.C. 1802)— 
(i) in paragraph (8), by amending 
subparagraph (B) to read as follows: 
‘‘(B) The term ‘migrant agricultural worker’ 
does not include any immediate family member of an 
agricultural employer or a farm labor contractor.’’; 
and 
(ii) in paragraph (10), by amending 
subparagraph (B) to read as follows: 
‘‘(B) The term ‘seasonal agricultural worker’ 
does not include— 
‘‘(i) any migrant agricultural worker; or 
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345 
‘‘(ii) any immediate family member of an 
agricultural employer or a farm labor con-
tractor.’’; and 
(B) in section 4(a) (29 U.S.C. 1803(a)), 
by amending paragraph (2) to read as follows: 
‘‘(2) SMALL BUSINESS EXEMPTION.—Any per-
son, other than a farm labor contractor, who did 
not, during any calendar quarter during the pre-
ceding calendar year, use more than 500 man-days 
of agricultural labor (within the meaning of the ex-
emption under section 13(a)(6)(A) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)), as 
in effect on the day before the date of the enactment 
of the U.S. Citizenship Act).’’. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
subsections (a)(2), (b)(1), (b)(3), and (c) shall take 
effect on— 
(A) January 1, 2027, with respect to an 
employer that employs more than 25 employees; 
and 
(B) January 1, 2030, with respect to an 
employer that employs 25 or fewer employees. 
(2) OTHER
AMENDMENTS.—The amendments 
made by subsection (b)(2) shall take effect on— 
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(A) January 1, 2024, with respect to an 
employer that employs more than 25 employees; 
and 
(B) January 1, 2027, with respect to an 
employer that employs 25 or fewer employees. 
SEC. 5107. PROTECTIONS FOR MIGRANT AND SEASONAL LA-
BORERS. 
Section 501 of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1851) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) VIOLATIONS OF THIS ACT.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this section, any person who willfully and 
knowingly violates this Act or any regulation under 
this Act— 
‘‘(A) shall be fined not more than $1,000, 
sentenced to prison for a term not to exceed 1 
year, or both; and 
‘‘(B) upon conviction for any subsequent 
violation of this Act or any regulation under 
this Act, shall be fined not more than $10,000, 
sentenced to prison for a term not to exceed 3 
years, or both. 
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‘‘(2) IDENTIFICATION DOCUMENT OFFENSES.— 
Any person who knowingly destroys, conceals, re-
moves, confiscates, or possesses any actual or pur-
ported passport or other immigration document, or 
any other actual or purported government identifica-
tion document of another person or threatens to do 
so in furtherance of a violation of this Act shall be 
fined under title 18, United States Code, imprisoned 
not more than 3 years, or both. 
‘‘(3) TRAVEL RESTRICTIONS.—Any person who 
knowingly restricts or attempts to prevent or re-
strict, without lawful authority, a person’s liberty to 
move or travel, in furtherance of a violation of this 
Act, shall be fined under title 18, United States 
Code, imprisoned not more than 5 years, or both. 
‘‘(4) BODILY INJURY.—If bodily injury results 
from any acts committed by any person in violation 
of this Act, or if such acts include sexual abuse or 
an attempt to commit sexual abuse (as described in 
section 2242 of title 18, United States Code), or if 
such acts include the use, attempted use, or threat-
ened use of a dangerous weapon, explosives, or fire, 
the person shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both. 
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348 
‘‘(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 
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349 
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— 
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350 
(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). 
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351 
‘‘(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 
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(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 
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