124 
‘‘(A) assess compliance with the standards 
adopted under paragraph (1) on a regular 
basis; and 
‘‘(B) include the results of the assessments 
in performance evaluations of facilities com-
pleted by the Department of Homeland Secu-
rity. 
‘‘(4) CONSIDERATIONS.—In adopting standards 
under paragraph (1), the Secretary of Homeland Se-
curity shall give due consideration to the rec-
ommended national standards provided by the Com-
mission under section 7(e). 
‘‘(5) DEFINITION.—As used in this section, the 
term ‘detention facilities operated under contract 
with the Department’ includes, but is not limited to, 
contract detention facilities and detention facilities 
operated through an intergovernmental service 
agreement with the Department of Homeland Secu-
rity. 
‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP-
ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN 
SERVICES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Violence Against 
Women Reauthorization Act of 2011, the Secretary 
VerDate Mar 15 2010 
02:13 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H5331.IH
H5331
rfrederick on DSK6VPTVN1PROD with BILLS
125 
of Health and Human Services shall publish a final 
rule adopting national standards for the detection, 
prevention, reduction, and punishment of rape and 
sexual assault in facilities that maintain custody of 
unaccompanied alien children (as defined in section 
462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g))). 
‘‘(2) APPLICABILITY.—The standards adopted 
under paragraph (1) shall apply to facilities operated 
by the Department of Health and Human Services 
and to facilities operated under contract with the 
Department. 
‘‘(3) COMPLIANCE.—The Secretary of Health 
and Human Services shall— 
‘‘(A) assess compliance with the standards 
adopted under paragraph (1) on a regular 
basis; and 
‘‘(B) include the results of the assessments 
in performance evaluations of facilities com-
pleted by the Department of Health and 
Human Services. 
‘‘(4) CONSIDERATIONS.—In adopting standards 
under paragraph (1), the Secretary of Health and 
Human Services shall give due consideration to the 
VerDate Mar 15 2010 
02:13 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H5331.IH
H5331
rfrederick on DSK6VPTVN1PROD with BILLS
126 
recommended national standards provided by the 
Commission under section 7(e).’’. 
TITLE VIII—DATA COLLECTION 
SEC. 801. ANNUAL REPORT ON IMMIGRATION APPLICA-
TIONS MADE BY VICTIMS OF ABUSE. 
(a) IN GENERAL.—Not later than December 1, 2013, 
and annually thereafter, the Secretary of Homeland Secu-
rity shall submit to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives a report that includes the following: 
(1) The number of aliens who— 
(A) submitted an application for non-
immigrant status under paragraph (15)(T)(i), 
(15)(U)(i), or (51) of section 101(a) of the Im-
migration and Nationality Act (8 U.S.C. 
1101(a)) during the preceding fiscal year; 
(B) were granted such nonimmigrant sta-
tus during such fiscal year; or 
(C) were denied such nonimmigrant status 
during such fiscal year. 
(2) The mean amount of time and median 
amount of time to adjudicate an application for such 
nonimmigrant status during such fiscal year. 
(3) The mean amount of time and median 
amount of time between the receipt of an application 
VerDate Mar 15 2010 
02:13 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H5331.IH
H5331
rfrederick on DSK6VPTVN1PROD with BILLS
127 
for such nonimmigrant status and the issuance of 
work authorization to an eligible applicant during 
the preceding fiscal year. 
(4) The number of aliens granted continued 
presence in the United States under section 
107(c)(3) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7105(c)(3)) during the pre-
ceding fiscal year. 
(5) A description of any actions being taken to 
reduce the adjudication and processing time, while 
ensuring the safe and competent processing, of an 
application described in paragraph (1) or a request 
for continued presence referred to in paragraph (4). 
(6) The numbers of adjudicators and managers 
working in the VAWA Unit, the length each has 
served on the unit, and the years of experience each 
has on domestic violence, sexual assault, human 
trafficking and crime victimization issues. 
(7) A description of the training VAWA Unit 
adjudicators and managers received that fiscal year 
on domestic violence, sexual assault, human traf-
ficking and crime victimization and VAWA confiden-
tiality issues. 
(8) A description of the training Immigration 
and Customs Enforcement and Customs and Board-
VerDate Mar 15 2010 
02:13 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H5331.IH
H5331
rfrederick on DSK6VPTVN1PROD with BILLS
128 
er Patrol enforcement agents and Immigration and 
Custom’s Enforcement trial attorneys and chief 
counsel mandatorily receive and optionally receive 
on— 
(A) VAWA confidentiality; 
(B) screening to identify immigrants eligi-
ble for— 
(i) humanitarian release; 
(ii) favorable exercise of prosecutorial 
discretion; or 
(iii) U visas, T visas, and VAWA self- 
petitions or other forms of VAWA con-
fidentiality protected relief; 
(C) the Department of Homeland Security 
broadcast message on VAWA confidentiality 
and the Central Index System’s new 384 class 
of admission code; 
(D) U-visa certification and T-visa en-
dorsement by Department of Homeland Secu-
rity officials and State law enforcement; and 
(E) collaboration with local law enforce-
ment and victim services programs on VAWA 
self-petitioning, VAWA cancellation of removal, 
U-visa and T-visa cases. 
VerDate Mar 15 2010 
02:13 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H5331.IH
H5331
rfrederick on DSK6VPTVN1PROD with BILLS
129 
(9) The number of VAWA confidentiality viola-
tion complaints filed including— 
(A) the data on the types of complaints 
filed; 
(B) each division in which the employee 
works against whom the complaint was filed; 
(C) the outcome, including any action 
taken on the complaint; 
(D) the mean and median time between re-
ceipt of the complaint and culmination of action 
on the complaint; and 
(E) the report shall not include any per-
sonally identifying information about the com-
plainant, the person against whom the com-
plaint was filed, or any witnesses. 
(10) The degree of compliance with the Prison 
Rape Elimination Act of 2003, as amended by this 
Act, achieved by each detention facility operated by 
the Department of Homeland Security and each de-
tention facility operated under contract with the De-
partment during the preceding fiscal year. 
(11) The number of reports alleging sexual 
abuse filed at each detention facility operated by the 
Department of Homeland Security and each deten-
tion facility operated under contract with the De-
VerDate Mar 15 2010 
02:13 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H5331.IH
H5331
rfrederick on DSK6VPTVN1PROD with BILLS