H. R. 3244—71
law enforcement officials to better serve immigrant crime
victims and to prosecute crimes committed against aliens.
(B) Creating a new nonimmigrant visa classification
will facilitate the reporting of crimes to law enforcement
officials by trafficked, exploited, victimized, and abused
aliens who are not in lawful immigration status. It also
gives law enforcement officials a means to regularize the
status of cooperating individuals during investigations or
prosecutions. Providing temporary legal status to aliens
who have been severely victimized by criminal activity
also comports with the humanitarian interests of the
United States.
(C) Finally, this section gives the Attorney General
discretion to convert the status of such nonimmigrants
to that of permanent residents when doing so is justified
on humanitarian grounds, for family unity, or is otherwise
in the public interest.
(b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL WITNESS NON-
IMMIGRANT CLASSIFICATION.—Section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) (as amended by section
107 of this Act) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (S);
(2) by striking the period at the end of subparagraph (T)
and inserting ‘‘; or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(U)(i) subject to section 214(o), an alien who files
a petition for status under this subparagraph, if the
Attorney General determines that—
‘‘(I) the alien has suffered substantial physical or
mental abuse as a result of having been a victim of
criminal activity described in clause (iii);
‘‘(II) the alien (or in the case of an alien child
under the age of 16, the parent, guardian, or next
friend of the alien) possesses information concerning
criminal activity described in clause (iii);
‘‘(III) the alien (or in the case of an alien child
under the age of 16, the parent, guardian, or next
friend of the alien) has been helpful, is being helpful,
or is likely to be helpful to a Federal, State, or local
law enforcement official, to a Federal, State, or local
prosecutor, to a Federal or State judge, to the Service,
or to other Federal, State, or local authorities inves-
tigating or prosecuting criminal activity described in
clause (iii); and
‘‘(IV) the criminal activity described in clause (iii)
violated the laws of the United States or occurred
in the United States (including in Indian country and
military installations) or the territories and possessions
of the United States;
‘‘(ii) if the Attorney General considers it necessary
to avoid extreme hardship to the spouse, the child, or,
in the case of an alien child, the parent of the alien
described in clause (i), the Attorney General may also
grant status under this paragraph based upon certification
of a government official listed in clause (i)(III) that an
investigation or prosecution would be harmed without the
H. R. 3244—72
assistance of the spouse, the child, or, in the case of an
alien child, the parent of the alien; and
‘‘(iii) the criminal activity referred to in this clause
is that involving one or more of the following or any similar
activity in violation of Federal, State, or local criminal
law: rape; torture; trafficking; incest; domestic violence;
sexual assault; abusive sexual contact; prostitution; sexual
exploitation; female genital mutilation; being held hostage;
peonage; involuntary servitude; slave trade; kidnapping;
abduction; unlawful criminal restraint; false imprisonment;
blackmail; extortion; manslaughter; murder; felonious
assault; witness tampering; obstruction of justice; perjury;
or attempt, conspiracy, or solicitation to commit any of
the above mentioned crimes.’’.
(c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY
GENERAL.—Section 214 of such Act (8 U.S.C. 1184) (as amended
by section 107 of this Act) is amended by adding at the end the
following new subsection:
‘‘(o) REQUIREMENTS
APPLICABLE
TO
SECTION
101(a)(15)(U)
VISAS.—
‘‘(1) PETITIONING
PROCEDURES
FOR
SECTION
101(a)(15)(U)
VISAS.—The 
petition 
filed 
by 
an 
alien 
under 
section
101(a)(15)(U)(i) shall contain a certification from a Federal,
State, or local law enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating criminal
activity described in section 101(a)(15)(U)(iii). This certification
may also be provided by an official of the Service whose ability
to provide such certification is not limited to information con-
cerning immigration violations. This certification shall state
that the alien ‘‘has been helpful, is being helpful, or is likely
to be helpful’’ in the investigation or prosecution of criminal
activity described in section 101(a)(15)(U)(iii).
‘‘(2) NUMERICAL LIMITATIONS.—
‘‘(A) The number of aliens who may be issued visas
or otherwise provided status as nonimmigrants under sec-
tion 101(a)(15)(U) in any fiscal year shall not exceed 10,000.
‘‘(B) The numerical limitations in subparagraph (A)
shall only apply to principal aliens described in section
101(a)(15)(U)(i), and not to spouses, children, or, in the
case of alien children, the alien parents of such children.
‘‘(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO
‘U’ VISA NONIMMIGRANTS.—With respect to nonimmigrant aliens
described in subsection (a)(15)(U)—
‘‘(A) the Attorney General and other government offi-
cials, where appropriate, shall provide those aliens with
referrals to nongovernmental organizations to advise the
aliens regarding their options while in the United States
and the resources available to them; and
‘‘(B) the Attorney General shall, during the period those
aliens are in lawful temporary resident status under that
subsection, provide the aliens with employment authoriza-
tion.
‘‘(4) CREDIBLE EVIDENCE CONSIDERED.—In acting on any
petition filed under this subsection, the consular officer or
the Attorney General, as appropriate, shall consider any cred-
ible evidence relevant to the petition.
H. R. 3244—73
‘‘(5) NONEXCLUSIVE
RELIEF.—Nothing in this subsection
limits the ability of aliens who qualify for status under section
101(a)(15)(U) to seek any other immigration benefit or status
for which the alien may be eligible.’’.
(d) PROHIBITION
ON ADVERSE DETERMINATIONS
OF ADMISSI-
BILITY OR DEPORTABILITY.—Section 384(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1)(C);
(2) by striking the comma at the end of paragraph (1)(D)
and inserting ‘‘, or’’; and
(3) by inserting after paragraph (1)(D) the following new
subparagraph:
‘‘(E) in the case of an alien applying for status under
section 101(a)(15)(U) of the Immigration and Nationality
Act, the perpetrator of the substantial physical or mental
abuse and the criminal activity,’’; and
(4) in paragraph (2), by inserting ‘‘section 101(a)(15)(U),’’
after ‘‘section 216(c)(4)(C),’’.
(e) WAIVER OF GROUNDS OF INELIGIBILITY FOR ADMISSION.—
Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)) is amended by adding at the end the following new para-
graph:
‘‘(13) The Attorney General shall determine whether a ground
of inadmissibility exists with respect to a nonimmigrant described
in section 101(a)(15)(U). The Attorney General, in the Attorney
General’s discretion, may waive the application of subsection (a)
(other than paragraph (3)(E)) in the case of a nonimmigrant
described in section 101(a)(15)(U), if the Attorney General considers
it to be in the public or national interest to do so.’’.
(f ) ADJUSTMENT
TO PERMANENT RESIDENT STATUS.—Section
245 of such Act (8 U.S.C. 1255) is amended by adding at the
end the following new subsection:
‘‘(l)(1) The Attorney General may adjust the status of an alien
admitted into the United States (or otherwise provided non-
immigrant status) under section 101(a)(15)(U) to that of an alien
lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E), unless the Attorney General deter-
mines based on affirmative evidence that the alien unreasonably
refused to provide assistance in a criminal investigation or prosecu-
tion, if—
‘‘(A) the alien has been physically present in the United
States for a continuous period of at least 3 years since the
date of admission as a nonimmigrant under clause (i) or (ii)
of section 101(a)(15)(U); and
‘‘(B) in the opinion of the Attorney General, the alien’s
continued presence in the United States is justified on humani-
tarian grounds, to ensure family unity, or is otherwise in the
public interest.
‘‘(2) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph
(1)(A) if the alien has departed from the United States for any
period in excess of 90 days or for any periods in the aggregate
exceeding 180 days unless the absence is in order to assist in
the investigation or prosecution or unless an official involved in
the investigation or prosecution certifies that the absence was other-
wise justified.
H. R. 3244—74
‘‘(3) Upon approval of adjustment of status under paragraph
(1) of an alien described in section 101(a)(15)(U)(i) the Attorney
General may adjust the status of or issue an immigrant visa to
a spouse, a child, or, in the case of an alien child, a parent who
did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii)
if the Attorney General considers the grant of such status or visa
necessary to avoid extreme hardship.
‘‘(4) Upon the approval of adjustment of status under paragraph
(1) or (3), the Attorney General shall record the alien’s lawful
admission for permanent residence as of the date of such approval.’’.
TITLE VI—MISCELLANEOUS
SEC. 
1601. 
NOTICE 
REQUIREMENTS 
FOR 
SEXUALLY 
VIOLENT
OFFENDERS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Campus
Sex Crimes Prevention Act’’.
(b) NOTICE WITH RESPECT TO INSTITUTIONS OF HIGHER EDU-
CATION.—
(1) IN GENERAL.—Section 170101 of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C. 14071) is
amended by adding at the end the following:
‘‘( j) NOTICE OF ENROLLMENT AT OR EMPLOYMENT BY INSTITU-
TIONS OF HIGHER EDUCATION.—
‘‘(1) NOTICE BY OFFENDERS.—
‘‘(A) IN GENERAL.—In addition to any other require-
ments of this section, any person who is required to register
in a State shall provide notice as required under State
law—
‘‘(i) of each institution of higher education in that
State at which the person is employed, carries on a
vocation, or is a student; and
‘‘(ii) of each change in enrollment or employment
status of such person at an institution of higher edu-
cation in that State.
‘‘(B) CHANGE IN STATUS.—A change in status under
subparagraph (A)(ii) shall be reported by the person in
the manner provided by State law. State procedures shall
ensure that the updated information is promptly made
available to a law enforcement agency having jurisdiction
where such institution is located and entered into the
appropriate State records or data system.
‘‘(2) STATE REPORTING.—State procedures shall ensure that
the registration information collected under paragraph (1)—
‘‘(A) is promptly made available to a law enforcement
agency having jurisdiction where such institution is located;
and
‘‘(B) entered into the appropriate State records or data
system.
‘‘(3) REQUEST.—Nothing in this subsection shall require
an educational institution to request such information from
any State.’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall take effect 2 years after the date of the enactment
of this Act.
(c) DISCLOSURES
BY INSTITUTIONS
OF HIGHER EDUCATION.—