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SEC. 6. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES-

(1) IN GENERAL- The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe reintegration of victims of trafficking and their children. Such programs and initiatives shall be designed to meet the mental and physical health, housing, legal, and other assistance needs of such victims and their children, as identified by the Inter-Agency Task Force to Monitor and Combat Trafficking established under section 4.

(2) ADDITIONAL REQUIREMENT- The Secretary of State and the Administrator of the United States Agency for International Development shall take all appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims of trafficking, and to assist in the appropriate reintegration of stateless victims of trafficking with respect to the establishment and conduct of programs and initiatives described in paragraph (1).

(b) VICTIMS IN THE UNITED STATES-

(1) ASSISTANCE- Subject to the availability of appropriations and notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Attorney General, the Secretary of Health and Human Services, the Secretary of Labor, and the Board of Directors of the Legal Services Corporation shall expand existing services to provide assistance to victims of trafficking within the United States, without regard to the immigration status of such victims.

(2) BENEFITS- Subject to the availability of appropriations and notwithstanding any other provision of law, victims of trafficking in the United States shall be eligible, without regard to their immigration status, for any benefits that are otherwise available under the Crime Victims Fund, established under the Victims of Crime Act of 1984, including victims' services, compensation, and assistance.

(3) GRANTS-

(A) Subject to the availability of appropriations, the Attorney General may make grants to States, territories, and possessions of the United States (including the Commonwealths of Puerto Rico and the Northern Mariana Islands), Indian tribes, units of local government, and nonprofit, nongovernmental victims' service organizations to develop, expand, or strengthen victim service programs for victims of trafficking.

(B) To receive a grant under this paragraph, an eligible unit of government or organization shall certify that its laws, policies, and practices, as appropriate, do not punish or deny services to victims of trafficking on account of the nature of their employment or services performed in connection with such trafficking.

(C) Of amounts made available for grants under this paragraph, there shall be set aside 3 percent for research, evaluation and statistics; 2 percent for training and technical assistance; and 1 percent for management and administration.

(D) The Federal share of a grant made under this paragraph may not exceed 75 percent of the total costs of the projects described in the application submitted.

(4) CIVIL ACTION- An individual who is a victim of a violation of section 1589 of title 18, United States Code, regarding trafficking and criminal exploitation of workers may bring a civil action in United States district court. The court may award actual damages, punitive damages, reasonable attorneys' fees, and other litigation costs reasonably incurred.

(c) TRAFFICKING VICTIM REGULATIONS- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of State shall promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the following:

(1) Trafficking victims, while in the custody or control of the Federal Government and to the extent practicable, shall be housed in appropriate shelter as quickly as possible; receive prompt medical care, food, and other assistance; and be provided protection if a victim's safety is at risk or if there is danger of additional harm by recapture of the victim by a trafficker.

(2) Federal law enforcement officials should act, to ensure an alien individual's continued presence in the United States, if after an assessment, it

is determined that such individual is a victim of trafficking or a material witness, in order to effectuate prosecution of those responsible and to further the humanitarian interests of the United States.

(3) Appropriate personnel of the Department of State and the Department of Justice are trained in identifying victims of trafficking and providing for the protection of such victims. Training under this paragraph should include methods for achieving antitrafficking objectives through the nondiscriminatory application of immigration and other related laws.

(d) CONSTRUCTION- Nothing in subsection (c) shall be construed as creating any private cause of action against the United States or its offices or employees.

(e) FUNDING- Funds from asset forfeiture under section 1592 of title 18, United States Code, are authorized to be available in equal amounts for the purposes of subsections (a) and (b) and shall remain available for obligation until expended.

SEC. 7. HUMANITARIAN/MATERIAL WITNESS NONIMMIGRANT VISA.

(a) ESTABLISHMENT OF A NEW NONIMMIGRANT CLASSIFICATION- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--

(1) in subparagraph (R), by striking `or' at the end;

(2) in subparagraph (S), by striking the comma at the end and inserting `; or'; and

(3) by inserting after subparagraph (S) the following:

`(T) subject to 214(n), an alien (and the alien spouse, children, and parents of the alien if accompanying or following to join the alien) who the Attorney General determines--

`(i) possesses material information concerning criminal or other unlawful activity;

`(ii) is willing to supply or has supplied such information to Federal or State law enforcement officials;

`(iii) would be helpful, were the alien to remain in the United States, to a properly authorized Federal or State investigation or prosecution of the criminal or other unlawful activity; and

`(iv) has suffered significant physical or mental abuse as a result of the criminal or other unlawful activity.'.

(b) NUMERICAL LIMITATIONS; PERIOD OF ADMISSIONS- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended--

(1) by redesignating the subsection (l) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and

(2) by adding at the end the following:

`(n)(1) The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(T) in any fiscal year may not exceed 1,000.

`(2) No alien may be admitted into the United States as such a nonimmigrant more than 5 years after the date of the enactment of this subsection.

`(3) The period of authorized admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General.

`(4) As a condition for admission, and continued stay in lawful status of such a nonimmigrant, the nonimmigrant--

`(A) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission;

`(B) must have executed a form that waives the nonimmigrant's right to contest, other than on the basis of an application for withholding of removal, any action for removal of the alien instituted before the alien obtains lawful permanent resident status; and

`(C) shall abide by any other condition, limitation, or restriction imposed by the Attorney General.'.

(c) PROHIBITION OF CHANGE OF STATUS- Section 248(1) of the Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended by striking `or (S)' and inserting `(S), or (T)'.

(d) ADJUSTMENT TO PERMANENT RESIDENT STATUS- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

`(l)(1) The Attorney General may adjust the status of an alien admitted into the United States under section 101(a)(15)(T) (and the spouse, children, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if--

`(A) in the opinion of the Attorney General, the alien's continued presence in the United States is justified on humanitarian grounds or is otherwise in the national interest; and

`(B) the alien is not described in subparagraph (A)(i)(I), (A)(ii), (A)(iii), (C), or (E) of section 212(a)(3).

`(2) Upon the approval of adjustment of status under paragraph (1), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(4) for the fiscal year then current.'.

(e) EXCLUSIVE MEANS OF ADJUSTMENT- Section 245(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1255(c)(5)) is amended by striking `section 101(a)(15)(S),' and inserting `subparagraph (S) or (T) of section 105(a)(15);'.

SEC. 8. SANCTIONS AGAINST COUNTRIES INVOLVED IN TRAFFICKING.

(a) AUTHORITY TO IMPOSE SANCTIONS- The President may impose any of the measures described in subsection (b) against any foreign country that has made little or no progress on reducing trafficking, implementing any necessary antitrafficking laws, enforcing

antitrafficking laws (including the prosecution of traffickers), or protecting and assisting victims of trafficking.

(b) SANCTIONS THAT MAY BE IMPOSED- The measures described in this subsection are the following:

(1) FOREIGN ASSISTANCE-

(A) IN GENERAL- Subject to subparagraph (B), the President may deny to the country assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government.

(B) EXCEPTION- Subparagraph (A) shall not apply to assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any successor provision of law, or the Arms Export Control Act (22 U.S.C. 2751 et seq.) that is intended to benefit the people of that country directly and that is not channeled through governmental agencies or entities of that country.

(2) MULTILATERAL DEVELOPMENT BANK ASSISTANCE-

(A) IN GENERAL- The President may instruct the United States Executive Director to each international financial institution described in subparagraph (B) to use the voice and vote of the United States to oppose any loan or financial or technical assistance to the country by such international financial institution.

(B) INTERNATIONAL FINANCIAL INSTITUTIONS DESCRIBED- The international financial institutions described in this subparagraph are the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund.

(3) PROHIBITION OF ARMS SALES- The President may prohibit the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778), to the country or any national of the country.

(4) EXPORT RESTRICTIONS- The President may prohibit or otherwise substantially restrict exports to the country of goods, technology, and services (excluding agricultural commodities and products otherwise subject to control) and may suspend existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations.

(5) ADDITIONAL MEASURES UNDER IEEPA-

(A) AUTHORITY-

(i) IN GENERAL- The President may exercise IEEPA authorities (other than authorities relating to importation) without regard to section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) in the case of any foreign country that has made little or no progress on reducing trafficking, implementing any necessary antitrafficking laws (including the prosecution of traffickers), or in the case of a person that is on the list published under subparagraph (B).

(ii) PENALTIES- The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or regulation issued under this clause (i).

(iii) IEEPA AUTHORITIES- For purposes of clause (i), the term `IEEPA authorities' means the authorities set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)).

(B) SANCTIONS AGAINST PERSONS-

(i) INITIAL DETERMINATION AND PUBLICATION- The Secretary of State may make a determination of those persons who are trafficking directly or indirectly in the United States or any of its territories and possessions and shall, if such a determination is made, publish the list of such persons in the Federal Register.

(ii) REVISIONS TO LIST- The Secretary of State shall make additions or deletions to any list published under clause (i) on an ongoing basis based on the latest information available.

(iii) CONSULTATION- The Secretary of State shall consult with the following officers in carrying out clauses (i) and (ii):

(I) The Attorney General.

(II) The Director of Central Intelligence.

(III) The Director of the Federal Bureau of Investigation.

(IV) The Secretary of Labor.

(V) The Secretary of Health and Human Services.

(c) REPORT TO CONGRESS- Upon exercising the authority of subsection (a), the President shall report to Congress on the measures applied and the reasons for the application of the measures.

SEC. 9. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.

(a) TITLE 18 AMENDMENTS- Chapter 77 of title 18, United States Code, is amended--

(1) in each of sections 1581(a), 1583, and 1584--

(A) by striking `10 years' and inserting `20 years'

(B) by adding at the end the following: `If, in addition to the foregoing elements, death

results from a violation of this section, or if such violation includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.';

(3) by inserting at the end the following:

`Sec. 1589. Trafficking and criminal exploitation of workers

`(a) Whoever--

`(1) recruits, harbors, provides, transports, employs, purchases, sells, or secures, by any means, any person, knowing or having reason to know that person is or will be subjected to involuntary servitude or peonage or to unlawfully exploitative labor conditions as described in subsection (b) of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and if, in addition to the foregoing elements, death results from an act committed in violation of this section, or if such act includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or life, or both; or

`(2) in any way, financially or otherwise, knowingly benefits from, or makes use of, the labor or services of a person held to a condition of involuntary servitude or peonage, shall be fined under this title or imprisoned not more than 10 years, or both.

`(b) As used in this section, the term `unlawfully exploitative labor conditions' means that the labor or services of a person are obtained or maintained through any scheme or artifice to defraud, or by means of any plan or pattern, including but not limited to false and fraudulent pretenses and misrepresentations, such that the person reasonably believes that he has no viable alternative but to perform the labor or services.

`(c) This section does not apply to labor performed as a punishment for a crime whereof the party shall have been duly convicted.

`Sec. 1590. Unlawful possession of documents in furtherance of trafficking, criminal worker exploitation, involuntary servitude, or peonage

`(a) Whoever destroys, conceals, removes, confiscates, or possesses any identification, passport, or other immigration documents, or any other documentation of another person--

`(1) in the course of, or under circumstances which facilitate--

`(A) a violation of section 1581, 1583, 1584, or 1589 or a conspiracy or attempt to commit such a violation;

`(B) the unlawful entry or attempted unlawful entry of the person into the United States;

`(2) to prevent or restrict, without lawful authority, the person's liberty to move or travel in interstate or foreign commerce; or

`(3) to conceal or impair the investigation or prosecution of a violation of Federal criminal law, shall be fined under this title or imprisoned for not more than 5 years, or both.

`Sec. 1591. Mandatory restitution

`(a) Notwithstanding sections 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter.

`(b)(1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses, as determined by the court under paragraph (3) of this subsection.

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