252 
(ii) the overall financial resources of 
the facility involved in the provision of the 
reasonable accommodation, the number of 
persons employed at such facility, the ef-
fect on expenses and resources, or the im-
pact otherwise of such accommodation on 
the operation of the facility; 
(iii) the overall financial resources of 
the employer or public agency, the overall 
size of the business of an employer or pub-
lic agency with respect to the number of 
employees of the employer or public agen-
cy, and the number, type, and location of 
the facilities of an employer or public agen-
cy; and 
(iv) the type of operation of the em-
ployer or public agency, including the com-
position, structure, and functions of the 
workforce of the employer or public agen-
cy, the geographic separateness of the fa-
cility from the employer or public agency, 
and the administrative or fiscal relation-
ship of the facility to the employer or pub-
lic agency.
253 
SEC. 734. ENFORCEMENT. 
(a) CIVIL ACTION BY INDIVIDUALS.— 
(1) LIABILITY.—Any employer or public agency 
that violates section 733 shall be liable to any indi-
vidual affected for— 
(A) damages equal to the amount of 
wages, salary, employment benefits, public as-
sistance, or other compensation denied or lost 
to such individual by reason of the violation, 
and the interest on that amount calculated at 
the prevailing rate; 
(B) compensatory damages, including dam-
ages for future pecuniary losses, emotional 
pain, suffering, inconvenience, mental anguish, 
loss of enjoyment or life, and other nonpecu-
niary losses; 
(C) such punitive damages, up to 3 times 
the amount of actual damages sustained, as the 
court described in paragraph (2) shall deter-
mine to be appropriate; and 
(D) such equitable relief as may be appro-
priate, including employment, reinstatement, 
and promotion. 
(2) RIGHT OF ACTION.—An action to recover 
the damages or equitable relief prescribed in para-
graph (1) may be maintained against any employer
254 
or public agency in any Federal or State court of 
competent jurisdiction by any 1 or more individuals 
described in section 733. 
(b) ACTION BY DEPARTMENT OF JUSTICE.—The At-
torney General may bring a civil action in any Federal 
or State court of competent jurisdiction to recover the 
damages or equitable relief described in subsection (a)(1). 
SEC. 735. ATTORNEY’S FEES. 
Section 722(b) of the Revised Statutes (42 U.S.C. 
1988(b)) is amended by inserting ‘‘the Victims’ Employ-
ment Sustainability Act,’’ after ‘‘title VI of the Civil 
Rights Act of 1964,’’. 
Subtitle D—Victims of Abuse 
Insurance Protection 
SEC. 741. SHORT TITLE. 
This subtitle may be cited as the ‘‘Victims of Abuse 
Insurance Protection Act’’. 
SEC. 742. DEFINITIONS. 
In this subtitle: 
(1) ABUSE.—The term ‘‘abuse’’ means the oc-
currence of 1 or more of the following acts by a cur-
rent or former household or family member, intimate 
partner, or caretaker: 
(A) Attempting to cause or causing an-
other person bodily injury, physical harm, sub-
255 
stantial emotional distress, psychological trau-
ma, rape, sexual assault, or involuntary sexual 
intercourse. 
(B) Engaging in a course of conduct or re-
peatedly committing acts toward another per-
son, including following the person without 
proper authority and under circumstances that 
place the person in reasonable fear of bodily in-
jury or physical harm. 
(C) Subjecting another person to false im-
prisonment or kidnapping. 
(D) Attempting to cause or causing dam-
age to property so as to intimidate or attempt 
to control the behavior of another person. 
(2) HEALTH CARRIER.—The term ‘‘health car-
rier’’ means a person that contracts or offers to con-
tract on a risk-assuming basis to provide, deliver, ar-
range for, pay for, or reimburse any of the cost of 
health care services, including a sickness and acci-
dent insurance company, a health maintenance orga-
nization, a nonprofit hospital and health service cor-
poration or any other entity providing a plan of 
health insurance, health benefits, or health services. 
(3) INSURED.—The term ‘‘insured’’ means a 
party named on a policy, certificate, or health ben-
256 
efit plan, including an individual, corporation, part-
nership, association, unincorporated organization, or 
any similar entity, as the person with legal rights to 
the benefits provided by the policy, certificate, or 
health benefit plan. For group insurance, such term 
includes a person who is a beneficiary covered by a 
group policy, certificate, or health benefit plan. For 
life insurance, the term refers to the person whose 
life is covered under an insurance policy. 
(4) INSURER.—The term ‘‘insurer’’ means any 
person, reciprocal exchange, inter insurer, Lloyds in-
surer, fraternal benefit society, or other legal entity 
engaged in the business of insurance, including 
agents, brokers, adjusters, and third-party adminis-
trators; and employers who provide or make avail-
able employment benefits through an employee ben-
efit plan, as defined in section 3(3) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
102(3)). The term also includes health carriers, 
health benefit plans, and life, disability, and prop-
erty and casualty insurers. 
(5) POLICY.—The term ‘‘policy’’ means a con-
tract of insurance, certificate, indemnity, suretyship, 
or annuity issued, proposed for issuance or intended
257 
for issuance by an insurer, including endorsements 
or riders to an insurance policy or contract. 
(6) SUBJECT OF ABUSE.—The term ‘‘subject of 
abuse’’ means— 
(A) a person against whom an act of abuse 
has been directed; 
(B) a person who has prior or current in-
juries, illnesses, or disorders that resulted from 
abuse; or 
(C) a person who seeks, may have sought, 
or had reason to seek medical or psychological 
treatment for abuse, protection, court-ordered 
protection, or shelter from abuse. 
SEC. 743. DISCRIMINATORY ACTS PROHIBITED. 
(a) IN GENERAL.—No insurer may, directly or indi-
rectly, engage in any of the following acts or practices on 
the basis that an applicant for insurance or insured is, 
has been, or may be the subject of abuse: 
(1) Denying, refusing to issue, renew or reissue, 
or canceling or otherwise terminating an insurance 
policy or health benefit plan. 
(2) Restricting, excluding, or limiting insurance 
coverage for losses or denying a claim, except as oth-
erwise permitted or required by State laws relating 
to life insurance beneficiaries.
258 
(3) Adding a premium differential to any insur-
ance policy or health benefit plan. 
(b) PROHIBITION ON LIMITATION OF CLAIMS.—No 
insurer may, directly or indirectly, deny or limit payment 
of a claim arising out of abuse to an innocent insured 
under a property and casualty policy or insurance contract 
if the loss is caused by the intentional act of an insured. 
(c) USE OF INFORMATION.— 
(1) LIMITATION.— 
(A) IN GENERAL.—In order to protect the 
safety and privacy of subjects of abuse, no per-
son employed by or contracting with an insurer 
may— 
(i) use, disclose, or transfer informa-
tion relating to abuse status or acts of 
abuse for any purpose unrelated to the di-
rect provision of health care services unless 
such use, disclosure, or transfer is required 
by an order of an entity with authority to 
regulate insurance or an order of a court 
of competent jurisdiction; or 
(ii) disclose or transfer information 
relating to an address or telephone number 
of an applicant for insurance or an insured 
or to the address and telephone number of
259 
a shelter for subjects of abuse, unless such 
disclosure or transfer— 
(I) is required in order to provide 
insurance coverage; and 
(II) does not have the potential 
to endanger the safety of a subject of 
abuse. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to limit or 
preclude a subject of abuse from obtaining the 
subject’s own insurance records from an in-
surer. 
(2) AUTHORITY
OF
SUBJECT
OF
ABUSE.—A 
subject of abuse, at the absolute discretion of the 
subject of abuse, may provide evidence of abuse to 
an insurer for the limited purpose of facilitating 
treatment of an abuse-related condition or dem-
onstrating that a condition is abuse-related. Nothing 
in this paragraph shall be construed as authorizing 
an insurer or health carrier to disregard such pro-
vided evidence. 
SEC. 744. INSURANCE PROTOCOLS FOR SUBJECTS OF 
ABUSE. 
Insurers shall develop and comply with written poli-
cies specifying procedures to be followed by employees,
260 
contractors, producers, agents, and brokers for the pur-
pose of protecting the safety and privacy of a subject of 
abuse and otherwise implementing this subtitle when tak-
ing an application, investigating a claim, or taking any 
other action relating to a policy or claim involving a sub-
ject of abuse. 
SEC. 745. REASONS FOR ADVERSE ACTIONS. 
An insurer that takes an action that adversely affects 
a subject of abuse, shall advise the subject of abuse appli-
cant or insured of the specific reasons for the action in 
writing. For purposes of this section, reference to general 
underwriting practices or guidelines shall not constitute 
a specific reason. 
SEC. 746. LIFE INSURANCE. 
Nothing in this subtitle shall be construed to prohibit 
a life insurer from declining to issue a life insurance policy 
if the applicant or prospective owner of the policy is or 
would be designated as a beneficiary of the policy, and 
if— 
(1) the applicant or prospective owner of the 
policy lacks an insurable interest in the insured; or 
(2) the applicant or prospective owner of the 
policy is known, on the basis of police or court 
records, to have committed an act of abuse against 
the proposed insured.
261 
SEC. 747. SUBROGATION WITHOUT CONSENT PROHIBITED. 
Subrogation of claims resulting from abuse is prohib-
ited without the informed consent of the subject of abuse. 
SEC. 748. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.— 
(1) IN GENERAL.—The Federal Trade Commis-
sion shall have the power to examine and investigate 
any insurer to determine whether such insurer has 
been or is engaged in any act or practice prohibited 
by this subtitle. 
(2) CEASE AND DESIST ORDERS.—If the Fed-
eral Trade Commission determines an insurer has 
been or is engaged in any act or practice prohibited 
by this subtitle, the Commission may take action 
against such insurer by the issuance of a cease and 
desist order as if the insurer was in violation of sec-
tion 5 of the Federal Trade Commission Act. Such 
cease and desist order may include any individual re-
lief warranted under the circumstances, including 
temporary, preliminary, and permanent injunctive 
and compensatory relief. 
(b) PRIVATE CAUSE OF ACTION.— 
(1) IN GENERAL.—An applicant or insured who 
believes that the applicant or insured has been ad-
versely affected by an act or practice of an insurer 
in violation of this subtitle may maintain an action
262 
against the insurer in a Federal or State court of 
original jurisdiction. 
(2) RELIEF.—Upon proof of such conduct by a 
preponderance of the evidence in an action described 
in paragraph (1), the court may award appropriate 
relief, including temporary, preliminary, and perma-
nent injunctive relief and compensatory and punitive 
damages, as well as the costs of suit and reasonable 
fees for the aggrieved individual’s attorneys and ex-
pert witnesses. 
(3) STATUTORY
DAMAGES.—With respect to 
compensatory damages in an action described in 
paragraph (1), the aggrieved individual may elect, at 
any time prior to the rendering of final judgment, to 
recover in lieu of actual damages, an award of statu-
tory damages in the amount of $5,000 for each vio-
lation. 
SEC. 749. EFFECTIVE DATE. 
This subtitle shall apply with respect to any action 
taken on or after the date of enactment of this Act.
263 
Subtitle E—National Clearinghouse 
on Domestic and Sexual Vio-
lence in the Workplace Grant 
SEC. 751. NATIONAL CLEARINGHOUSE ON DOMESTIC AND 
SEXUAL 
VIOLENCE 
IN 
THE 
WORKPLACE 
GRANT. 
(a) AUTHORITY.—The Attorney General may award 
a grant in accordance with this section to a private, non-
profit entity or tribal organization that meets the require-
ments of subsection (b), in order to provide for the estab-
lishment and operation of a national clearinghouse and re-
source center to provide information and assistance to em-
ployers, labor organizations, and advocates on behalf of 
victims of domestic or sexual violence, in their efforts to 
develop and implement appropriate responses to assist 
those victims. 
(b) GRANTEES.—Each applicant for a grant under 
this section shall submit to the Attorney General an appli-
cation, which shall— 
(1) demonstrate that the applicant— 
(A) has a nationally recognized expertise in 
the area of domestic violence, dating violence, 
sexual assault, and stalking, and a record of 
commitment and quality responses to reduce
264 
domestic violence, dating violence, sexual as-
sault, and stalking; and 
(B) will provide matching funds from non- 
Federal sources in an amount equal to not less 
than 10 percent of the total amount of the 
grant awarded under this section; and 
(2) include a plan to maximize, to the extent 
practicable, outreach to employers (including private 
companies, as well as public entities such as univer-
sities, and State and local governments) in devel-
oping and implementing appropriate responses to as-
sist employees who are victims of domestic or sexual 
violence. 
(c) USE OF GRANT AMOUNT.—A grant under this 
section may be used for staff salaries, travel expenses, 
equipment, printing, and other reasonable expenses nec-
essary to assemble, maintain, and disseminate to employ-
ers, labor organizations, and advocates described in sub-
section (a), information on and appropriate responses to 
domestic violence, dating violence, sexual assault, and 
stalking, including— 
(1) training to promote a better understanding 
of appropriate assistance to employee victims; 
(2) conferences and other educational opportu-
nities;
265 
(3) development of protocols and model work-
place policies; 
(4) employer- and union-sponsored victim serv-
ices and outreach counseling; and 
(5) assessments of the workplace costs of do-
mestic violence, dating violence, sexual assault, and 
stalking. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$500,000 for each of fiscal years 2004 through 2008. 
Subtitle F—Severability 
SEC. 761. SEVERABILITY. 
If any provision of this title, any amendment made 
by this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of the provisions of this title, the 
amendments made by this title, and the application of 
such provisions or amendments to any person or cir-
cumstance shall not be affected.
266 
TITLE 
VIII—PROTECTION 
FOR 
IMMIGRANT VICTIMS OF VIO-
LENCE 
SEC. 801. SHORT TITLE; REFERENCES TO VAWA–2000; REGU-
LATIONS. 
(a) SHORT TITLE.—This title may be cited as ‘‘Im-
migrant Victims of Violence Protection Act of 2005’’. 
(b) REFERENCES TO VAWA–2000.—In this title, the 
term ‘‘VAWA–2000’’ means the Violence Against Women 
Act of 2000 (division B of Public Law 106–386). 
(c) REGULATIONS.— Not later than 180 days after 
the date of the enactment of this Act, the Attorney Gen-
eral, the Secretary of Homeland Security, and Secretary 
of State shall promulgate regulations to implement the 
provisions contained in the Battered Immigrant Women 
Protection Act of 2000 (title V of VAWA–2000) and the 
amendments made by (and the provisions of) this title. 
Subtitle A—Immigration 
Protections 
PART 1—VICTIMS OF CRIME 
SEC. 811. CONDITIONS APPLICABLE TO U AND T VISAS. 
(a) TREATMENT OF U DERIVATIVES.—Clause (ii) of 
section 101(a)(15)(U)(ii) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(U)(ii)), as added by sec-
267 
tion 1513(b) of VAWA–2000, is amended to read as fol-
lows: 
‘‘(ii) the spouse or child of an alien de-
scribed in clause (i), or the parent of such an 
alien if the alien is a child, or the unmarried 
sibling of such a child if such sibling is under 
18 years of age on the date on which such alien 
applied for status under such clause, if— 
‘‘(I) the Secretary of Homeland Secu-
rity considers it necessary to avoid extreme 
hardship to such alien or such spouse, 
child, parent, or sibling; or 
‘‘(II) a government official described 
in clause (i)(III) certifies that an investiga-
tion or prosecution described in such 
clause would be harmed without the assist-
ance of such spouse, child, parent, or sib-
ling; and’’. 
(b) TREATMENT OF SPOUSE AND CHILDREN OF VIC-
TIMS
OF
TRAFFICKING.—Clause 
(ii) 
of 
section 
101(a)(15)(T) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(T)) is amended to read as follows: 
‘‘(ii) if accompanying, or following to join, 
the alien described in clause (i)—
268 
‘‘(I) in the case of an alien so de-
scribed who is under 21 years of age, the 
spouse, children, unmarried siblings under 
18 years of age on the date on which such 
alien applied for status under such clause, 
and parents of such alien; or 
‘‘(II) in the case of an alien described 
in clause (i) who is 21 years of age or 
older, the spouse and children of such 
alien;’’. 
(c) DURATION OF U AND T VISAS.— 
(1) U VISAS.—Section 214(p) of such Act (8 
U.S.C. 1184(p)) is amended by adding at the end 
the following new paragraph: 
‘‘(6) DURATION OF STATUS.—The authorized 
period of status of an alien as a nonimmigrant 
under section 101(a)(15)(U) shall be 4 years, but 
shall be extended— 
‘‘(A) on a year-by-year basis upon certifi-
cation from a Federal, State or local law en-
forcement official, prosecutor, judge, or other 
Federal, State or local authority investigating 
or prosecuting criminal activity described in 
section 101(a)(15)(U)(iii) that the alien’s con-
tinued presence in the United States is required
269 
to assist in the investigation or prosecution of 
such criminal activity; and 
‘‘(B) if the alien files an application for ad-
justment of status under section 245(m), until 
final adjudication of such application.’’. 
(2) T VISAS.—Section 214(o) of such Act (8 
U.S.C. 1184(o)), as redesignated by section 8(a)(3) 
of the Trafficking Victims Protection Reauthoriza-
tion Act of 2003 (Public Law 108–193), is amended 
by adding at the end the following: 
‘‘(7) The authorized period of status of an alien as 
a nonimmigrant status under section 101(a)(15)(T) shall 
be 4 years, but shall be extended— 
‘‘(A) on a year-by-year basis upon certification 
from a Federal, State or local law enforcement offi-
cial, prosecutor, judge, or other Federal, State or 
local authority investigating or prosecuting criminal 
activity relating to human trafficking that the alien’s 
continued presence in the United States is required 
to assist in the investigation or prosecution of such 
criminal activity; and 
‘‘(B) if the alien files an application for adjust-
ment of status under section 245(l), until final adju-
dication of such application.’’.
270 
(d) PERMITTING CHANGE OF NONIMMIGRANT STA-
TUS TO U AND T NONIMMIGRANT STATUS.— 
(1) IN GENERAL.—Section 248 of such Act (8 
U.S.C. 1258) is amended— 
(A) by striking ‘‘The Attorney General’’ 
and inserting ‘‘(a) The Secretary of Homeland 
Security’’; 
(B) by inserting ‘‘(subject to subsection 
(b))’’ after ‘‘except’’; and 
(C) by adding at the end the following new 
subsection: 
‘‘(b) The limitation based on inadmissibility under 
section 212(a)(9)(B) and the exceptions specified in num-
bered paragraphs of subsection (a) shall not apply to a 
change of nonimmigrant classification to that of a non-
immigrant under subparagraph (T) or (U) of section 
101(a)(15), other than from such classification under sub-
paragraph (C) or (D) of such section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 
amended by 
striking 
‘‘248(2)’’ 
and 
inserting 
‘‘248(a)(2)’’. 
(e) U VISA CRIMES.— 
(1) IN
GENERAL.—Section 101(a)(15)(U) of 
such Act (8 U.S.C. 1101(a)(15)(U)) is amended—
271 
(A) in clause (i)(I)— 
(i) by inserting ‘‘or injury’’ after 
‘‘physical or mental abuse’’; and 
(ii) by inserting ‘‘or witness’’ after 
‘‘victim’’; and 
(B) in clause (iii), by inserting ‘‘child 
abuse; stalking (including physical or electronic 
stalking);’’ after ‘‘unlawful criminal restraint; 
false imprisonment;’’. 
(2) IMPLEMENTATION.—It is the intent of Con-
gress that certifications should be made under clause 
(i)(III) of section 101(a)(15)(U) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(U)) 
where an alien provides information to a law en-
forcement official on criminal activity described in 
clause (iii) of such section and is willing to help in 
the investigation of such activity, regardless of 
whether a prosecution is made in such case or if 
prosecution is made for criminal activity not de-
scribed in such clause. 
(f) CERTIFICATION PROCESS FOR VICTIMS OF TRAF-
FICKING.— 
(1) VICTIM ASSISTANCE IN INVESTIGATION OR 
PROSECUTION.—Section 107(b)(1)(E) of the Traf-
ficking Victims Protection Act of 2000 (Division A
272 
of Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) 
is amended—— 
(A) in clause (i)(I), by striking ‘‘investiga-
tion and prosecution’’ and inserting ‘‘investiga-
tion or prosecution, by the United States or a 
State or local government’’; and 
(B) in clause (iii)— 
(i) by striking ‘‘INVESTIGATION AND 
PROSECUTION’’ and ‘‘investigation and 
prosecution’’ and inserting ‘‘INVESTIGA-
TION OR PROSECUTION’’ and ‘‘investigation 
or prosecution’’, respectively; 
(ii) in subclause (II), by striking 
‘‘and’’ at the end; 
(iii) in subclause (III), by striking the 
period and inserting ‘‘; or’’; and 
(iv) by adding at the end the following 
new subclause: 
‘‘(IV) responding to and cooper-
ating with requests for evidence and 
information.’’. 
(2) CLARIFYING ROLES OF ATTORNEY GENERAL 
AND SECRETARY OF HOMELAND SECURITY.—
273 
(A) Section 107 of the Trafficking Victims 
Protection Act of 2000 (Division A of Public 
Law 106–386; 22 U.S.C. 7105) is amended— 
(i) in subsections (b)(1)(E)(i)(II)(bb), 
(b)(1)(E)(ii), (e)(5), and (g), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subsection (c), by inserting ‘‘, 
Secretary of Homeland Security,’’ after 
‘‘Attorney General’’. 
(B) Section 101(a)(15)(T) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) is amended by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’ each place it appears. 
(C) Section 212(d)(13) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(13)) is 
amended— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; 
(ii) in subparagraph (B), by striking 
‘‘Attorney General’’ the first place it ap-
pears and inserting ‘‘Secretary of Home-
land Security’’; and
274 
(iii) in subparagraph (B), by striking 
‘‘Attorney General, in the Attorney Gen-
eral’s discretion’’ and inserting ‘‘Secretary, 
in the Secretary’s discretion’’. 
(D) Section 101(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(i)) is amend-
ed— 
(i) in paragraph (1), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security, the Attorney Gen-
eral,’’; and 
(ii) in paragraph (2), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security’’. 
(E) Section 245(l) of the Immigration and 
Nationality Act (8 U.S.C. 1255(l)) is amend-
ed— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’ the first place it appears in para-
graphs (1) and (2) and in paragraph (4); 
(ii) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary ’’ the second 
place it appears in paragraphs (1) and (2); 
and
275 
(iii) in paragraph (2), by striking ‘‘At-
torney General’s’’ and inserting ‘‘Sec-
retary’s’’. 
(3) PETITIONING BY STATE AND LOCAL LAW 
ENFORCEMENT
OFFICIALS.—Section 107(c)(3) of 
the Trafficking Victims Protection Act of 2000 (Di-
vision A of Public Law 106–386; 22 U.S.C. 
7105(c)(3)) is amended by adding at the end the fol-
lowing: ‘‘State or local law enforcement officials may 
petition Federal law enforcement officials for the 
continued presence for trafficking victims. If such a 
petition contains a certification that a trafficking 
victim is a victim of a severe form of trafficking, the 
presence of the trafficking victim shall be permitted 
in accordance with this paragraph.’’. 
(g) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
subsections (a), (b), (c)(1), (d), and (e) shall take ef-
fect on the date of the enactment of this Act. 
(2) TRANSITION FOR DURATION OF T VISAS.— 
In the case of an alien who is classified as a non-
immigrant under section 101(a)(15)(T) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) before the the date of implementa-
tion of the amendment made by subsection (c)(2)
276 
and whose period of authorized stay was less than 
4 years, the authorized period of status of the alien 
as such a nonimmigrant shall be extended to be 4 
years and shall be further extended on a year-by- 
year basis as provided in section 214(o)(7) of such 
Act, as added by such amendment. 
(3) CERTIFICATION PROCESS.—(A) The amend-
ments made by subsection (f)(1) shall be effective as 
if included in the enactment of VAWA–2000. 
(B) The amendments made by subsection (f)(2) 
shall be effective as of the applicable date of transfer 
of authority from the Attorney General to the Sec-
retary of Homeland Security under the Homeland 
Security Act of 2002 (Public Law 107–296). 
(C) The amendment made by subsection (f)(3) 
shall be effective as if included in the enactment of 
the Trafficking Victims Protection Reauthorization 
Act of 2003 (Public Law 108–193). 
SEC. 812. CLARIFICATION OF BASIS FOR RELIEF UNDER 
HARDSHIP WAIVERS FOR CONDITIONAL PER-
MANENT RESIDENCE. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by adding at the end the following: ‘‘An application 
for relief under this paragraph may be based on one or