and 1 percent for management and administra-
tion.
(D) The Federal share of a grant made
under this paragraph may not exceed 75 per-
cent of the total costs of the projects described
in the application submitted.
(4) CIVIL ACTION.—An individual who is a vic-
tim of a violation of section 1589 of title 18, United
States Code, regarding trafficking and criminal ex-
ploitation of workers may bring a civil action in
United States district court. The court may award
actual damages, punitive damages, reasonable attor-
neys’ fees, and other litigation costs reasonably in-
curred.
(c) TRAFFICKING VICTIM REGULATIONS.—Not later
than 180 days after the date of enactment of this Act,
the Attorney General and the Secretary of State shall pro-
mulgate regulations for law enforcement personnel, immi-
gration officials, and Department of State officials to im-
plement 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 protec-
tion if a victim’s safety is at risk or if there is dan-
ger 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 pres-
ence in the United States, if after an assessment, it
is determined that such individual is a victim of traf-
ficking 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 nondiscrim-
inatory 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 author-
ized to be available in equal amounts for the purposes of
subsections (a) and (b) and shall remain available for obli-
gation until expended.
SEC. 
7. 
HUMANITARIAN/MATERIAL 
WITNESS 
NON-
IMMIGRANT 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 fol-
lowing:
‘‘(T) subject to 214(n), an alien (and the alien
spouse, children, and parents of the alien if accom-
panying or following to join the alien) who the At-
torney General determines—
‘‘(i) possesses material information con-
cerning criminal or other unlawful activity;
‘‘(ii) is willing to supply or has supplied
such information to Federal or State law en-
forcement officials;
‘‘(iii) would be helpful, were the alien to
remain in the United States, to a properly au-
thorized Federal or State investigation or pros-
ecution of the criminal or other unlawful activ-
ity; and
‘‘(iv) has suffered significant physical or
mental abuse as a result of the criminal or
other unlawful activity.’’.
(b) NUMERICAL LIMITATIONS; PERIOD OF ADMIS-
SIONS.—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 of-
fense 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, limita-
tion, or restriction imposed by the Attorney Gen-
eral.’’.
(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 STA-
TUS.—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 re-
duce 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 Presi-
dent may impose any of the measures described in sub-
section (b) against any foreign country that has made lit-
tle or no progress on reducing trafficking, implementing
any 
necessary 
antitrafficking 
laws, 
enforcing
antitrafficking laws (including the prosecution of traf-
fickers), or protecting and assisting victims of trafficking.
(b) SANCTIONS THAT MAY BE IMPOSED.—The meas-
ures described in this subsection are the following:
(1) FOREIGN ASSISTANCE.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the President may deny to the coun-
try assistance of any kind which is provided by
grant, sale, loan, lease, credit, guaranty, or in-
surance, or by any other means, by any agency
or instrumentality of the United States Govern-
ment.
(B) EXCEPTION.—Subparagraph (A) shall
not apply to assistance under the Foreign As-
sistance 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
AS-
SISTANCE.—
(A) IN GENERAL.—The President may in-
struct 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 fi-
nancial or technical assistance to the country by
such international financial institution.
(B) INTERNATIONAL FINANCIAL INSTITU-
TIONS DESCRIBED.—The international financial
institutions described in this subparagraph are
the International Bank for Reconstruction and
Development, the International Development
Association, the International Finance Corpora-
tion, 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 Presi-
dent 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 sec-
tion 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 ex-
ports to the country of goods, technology, and serv-
ices (excluding agricultural commodities and prod-
ucts 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 Ex-
port Administration Act of 1979 or the Export Ad-
ministration Regulations.
(5) ADDITIONAL MEASURES UNDER IEEPA.—
(A) AUTHORITY.—
(i) IN GENERAL.—The President may
exercise IEEPA authorities (other than au-
thorities 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 pub-
lished 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 li-
cense, order, or regulation issued under
this clause (i).
(iii) IEEPA AUTHORITIES.—For pur-
poses of clause (i), the term ‘‘IEEPA au-
thorities’’ 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 per-
sons who are trafficking directly or indi-
rectly 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 Reg-
ister.
(ii) REVISIONS
TO
LIST.—The Sec-
retary of State shall make additions or de-
letions 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 of-
ficers in carrying out clauses (i) and (ii):
(I) The Attorney General.
(II) The Director of Central In-
telligence.
(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 au-
thority of subsection (a), the President shall report to the
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 at-
tempt 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:
‘‘§ 1589. Trafficking and criminal exploitation of
workers
‘‘(a) Whoever—
‘‘(1) recruits, harbors, provides, transports, em-
ploys, purchases, sells, or secures, by any means,
any person, knowing or having reason to know that
person is or will be subjected to involuntary ser-
vitude or peonage or to unlawfully exploitative labor
conditions as described in subsection (b) of this sec-
tion, 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, aggra-
vated sexual abuse or the attempt to commit aggra-
vated 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, know-
ingly benefits from, or makes use of, the labor or
services of a person held to a condition of involun-
tary 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 ex-
ploitative labor conditions’ means that the labor or serv-
ices 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 fraudu-
lent pretenses and misrepresentations, such that the per-
son 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.
‘‘§ 1590. unlawful possession of documents in further-
ance of trafficking, criminal worker ex-
ploitation, involuntary servitude, or pe-
onage
‘‘(a) Whoever destroys, conceals, removes, con-
fiscates, 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 un-
lawful entry of the person into the United
States;
‘‘(2) to prevent or restrict, without lawful au-
thority, 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.
‘‘§ 1591. Mandatory restitution
‘‘(a) Notwithstanding sections 3663 or 3663A, and
in addition to any other civil or criminal penalties author-
ized by law, the court shall order restitution for any of-
fense 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 vic-
tim’s losses, as determined by the court under paragraph
(3) of this subsection.
‘‘(2) An order of restitution under this section
shall be issued and enforced in accordance with sec-
tion 3664 in the same manner as an order under
section 3663A.
‘‘(3) As used in this subsection, the term ‘full
amount of the victim’s losses’ has the same meaning
as provided in section 2259(b)(3) and shall in addi-
tion include the greater of the gross income or value
to the defendant of the victim’s services or labor or
the value of the victim’s labor as guaranteed under
the minimum wage and overtime guarantees of the
Fair Labor Standards Act (29 U.S.C. 201, et seq.).
‘‘(c) As used in this section, the term ‘victim’ means
the individual harmed as a result of a crime under this
chapter, including, in the case of a victim who is under
18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or a representative of the
victim’s estate, or another family member, or any other
person appointed as suitable by the court, but in no event
shall the defendant be named such representative or
guardian.
‘‘§ 1592. General provisions
‘‘(a) In a prosecution under sections 1581, 1583,
1584, or 1589, a condition of involuntary servitude or pe-
onage may be established by proof that the defendant ob-
tained or maintained the labor or service of any person—
‘‘(1) by the use, or threatened use, of force, vio-
lence, physical restraint, or physical injury, or by the
use or threatened use of coercion through law or the
legal process;
‘‘(2) through representations made to any per-
son that physical harm may occur to that person, or
to another, in an effort to wrongfully obtain or
maintain the labor or services of that person; or
‘‘(3) by the use of fraud, deceit, or misrepresen-
tation toward any person in an effort to wrongfully
obtain or maintain the labor or services of that per-
son, where the person is a minor, an immigrant, one
who is mentally disabled, or one who is otherwise
particularly susceptible to coercion.
‘‘(b) An attempt to violate sections 1581, 1583, 1584,
or 1589 shall be punishable in the same manner as a com-
pleted violation of each of these sections, respectively.
‘‘(c)(1) The court, in imposing sentence on any per-
son convicted of a violation of this chapter, shall order,
in addition to any other sentence imposed and irrespective
of any provision of State law, that such person forfeit to
the United States—
‘‘(A) such person’s interest in any property,
real or personal, that was used or intended to be
used to commit or to facilitate the commission of
such violation; and
‘‘(B) any property, real or personal, consti-
tuting or derived from, any proceeds that such per-
son obtained, directly or indirectly, as a result of
such violation.
‘‘(2) The criminal forfeiture of property under this
subsection, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto,
shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853), except subsection (d) of that
section.
‘‘(d)(1) The following shall be subject to forfeiture
to the United States and no property right shall exist in
them—
‘‘(A) any property, real or personal, used or in-
tended to be used to commit or to facilitate the com-
mission of any violation of this chapter; and
‘‘(B) any property, real or personal, which con-
stitutes or is derived from proceeds traceable to any
violation of this chapter.
‘‘(2) The provisions of chapter 46 of this title relating
to civil forfeitures shall extend to any seizure or civil for-
feiture under this subsection.’’; and
(4) by amending the table of sections at the be-
ginning of chapter 77 by adding at the end the fol-
lowing new items:
‘‘ 1589. Trafficking and criminal exploitation of workers.
‘‘ 1590. Unlawful possession of documents in furtherance of trafficking, criminal
worker exploitation, involuntary servitude, or peonage.
‘‘ 1591. Mandatory restitution.
‘‘ 1592. General provisions.’’.
(b) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—
(1) Pursuant to its authority under section 994
of title 28, United States Code, and in accordance
with this section, the United States Sentencing Com-
mission shall review and, if appropriate, amend the
sentencing guidelines and policy statements applica-
ble to persons convicted of offenses involving the
trafficking of persons including component or related
crimes of peonage, involuntary servitude, slave trade
offenses, coercive worker exploitation, and posses-
sion, transfer or sale of false immigration documents
to further exploitation of workers, and the Fair
Labor Standards Act and the Migrant and Seasonal
Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sen-
tencing Commission shall—
(A) to ensure that these sentencing guide-
lines and policy statements applicable to the of-
fenses described in paragraph (1) of this sub-
section are sufficiently stringent to deter and
adequately reflect the heinous nature of such
offenses;
(B) consider conforming the sentencing
guidelines applicable to offenses involving work-
er exploitation to the guidelines applicable to
peonage, involuntary servitude, and slave trade
offenses; and
(C) consider providing sentencing enhance-
ments for those convicted of the offenses de-
scribed in paragraph (1) of this subsection
that—
(i) involve a large number of victims;
(ii) involve a pattern of continued and
flagrant violations;
(iii) involve the use or threatened use
of a dangerous weapon; or
(iv) result in the death or bodily in-
jury of any person.
(2) The Commission may promulgate the guide-
lines or amendments under this subsection in ac-
cordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
SEC. 10. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
(a) IN GENERAL.—The Secretary of State, acting
through the Assistant Secretary of Democracy, Human
Rights and Labor, shall, as part of the annual Country
Reports on Human Rights Practices, include information
to address the status of international trafficking in per-
sons, including—
(1) a description of the nature and extent of
trafficking in persons in each country;
(2) a description and assessment of the efforts
of countries to combat trafficking through preven-
tion, prosecution, and enforcement against traf-
fickers, and to protect and assist trafficking victims;
and
(3) the role of official corruption in facilitating
trafficking of persons in each country.
(b) ADDITIONAL REQUIREMENT.—Information de-
scribed in subsection (a) shall be included in the annual
Country Reports on Human Rights Practices separately
on a country-by-country basis.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR THE
INTERAGENCY TASK FORCE.—To carry out the purposes
of section 4, there are authorized to be appropriated to
the Secretary of State $3,000,000 for fiscal year 2001 and
$3,000,000 for fiscal year 2002.
(b) AUTHORIZATION OF APPROPRIATIONS TO THE
SECRETARY
OF HEALTH
AND HUMAN SERVICES.—To
carry out the purposes of section 6(b) there are authorized
to be appropriated to the Secretary of Health and Human
Services 
$10,000,000 
for 
fiscal 
year 
2001 
and
$10,000,000 for fiscal year 2002.
(c) AUTHORIZATION OF APPROPRIATIONS TO THE
SECRETARY OF STATE.—To carry out the purposes of sec-
tion 6(a) there are authorized to be appropriated to the
Secretary of State $10,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTOR-
NEY GENERAL.—To carry out the purposes of section 6(b)
there are authorized to be appropriated to the Attorney
General 
$10,000,000 
for 
fiscal 
year 
2001 
and
$10,000,000 for fiscal year 2002.
(e) AUTHORIZATION OF APPROPRIATIONS TO PRESI-
DENT.—To carry out the purposes of Section 5 there are
authorized 
to 
be 
appropriated 
to 
the 
President
$10,000,000 for fiscal year 2001 and $10,000,000 for fis-
cal year 2002.
(f) AUTHORIZATION OF APPROPRIATIONS TO THE
SECRETARY OF LABOR.—To carry out the purposes of
section 6(b) there are authorized to be appropriated to the
Secretary of Labor $10,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
Æ