111 
(i) by striking ‘‘State any’’ and insert-
ing ‘‘State, for inclusion in the mailing de-
scribed in clause (i), any’’; and 
(ii) by striking the last sentence; and 
(B) by adding at the end the following: 
‘‘(iv) The Secretary of Homeland Se-
curity shall conduct a background check of 
the National Crime Information Center’s 
Protection Order Database on each peti-
tioner for a visa under subsection (d) or 
(r) of section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184). Any ap-
propriate information obtained from such 
background check— 
‘‘(I) shall accompany the criminal 
background information provided by 
the Secretary of Homeland Security 
to the Secretary of State and shared 
by the Secretary of State with a bene-
ficiary of a petition referred to in 
clause (iii); and 
‘‘(II) shall not be used or dis-
closed for any other purpose unless 
expressly authorized by law. 
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‘‘(v) The Secretary of Homeland Se-
curity shall create a cover sheet or other 
mechanism to accompany the information 
required to be provided to an applicant for 
a visa under subsection (d) or (r) of sec-
tion 214 of the Immigration and Nation-
ality Act (8 U.S.C. 1184) by clauses (i) 
through (iv) of this paragraph or by 
clauses (i) and (ii) of subsection (r)(4)(B) 
of such section 214, that calls to the appli-
cant’s attention— 
‘‘(I) whether the petitioner dis-
closed a protection order, a restrain-
ing order, or criminal history informa-
tion on the visa petition; 
‘‘(II) the criminal background in-
formation and information about any 
protection order obtained by the Sec-
retary of Homeland Security regard-
ing the petitioner in the course of ad-
judicating the petition; and 
‘‘(III) whether the information 
the petitioner disclosed on the visa pe-
tition regarding any previous petitions 
filed under subsection (d) or (r) of 
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such section 214 is consistent with the 
information in the multiple visa track-
ing database of the Department of 
Homeland Security, as described in 
subsection (r)(4)(A) of such section 
214.’’; and 
(2) in subsection (b)(1)(A), by striking ‘‘or’’ 
after ‘‘orders’’ and inserting ‘‘and’’. 
SEC. 602. REGULATION OF INTERNATIONAL MARRIAGE 
BROKERS. 
(a) IMPLEMENTATION OF THE INTERNATIONAL MAR-
RIAGE BROKER ACT OF 2005.— 
(1) FINDINGS.—Congress finds the following: 
(A) The International Marriage Broker 
Act of 2005 (subtitle D of Public Law 109– 
162; 119 Stat. 3066) has not been fully imple-
mented with regard to investigating and pros-
ecuting violations of the law, and for other pur-
poses. 
(B) Six years after Congress enacted the 
International Marriage Broker Act of 2005 to 
regulate the activities of the hundreds of for- 
profit international marriage brokers operating 
in the United States, the Attorney General has 
not determined which component of the Depart-
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114 
ment of Justice will investigate and prosecute 
violations of such Act. 
(2) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Attorney Gen-
eral shall submit to Congress a report that includes 
the following: 
(A) The name of the component of the De-
partment of Justice responsible for inves-
tigating and prosecuting violations of the Inter-
national Marriage Broker Act of 2005 (subtitle 
D of Public Law 109–162; 119 Stat. 3066) and 
the amendments made by this Act. 
(B) A description of the policies and proce-
dures of the Attorney General for consultation 
with the Secretary of Homeland Security and 
the Secretary of State in investigating and 
prosecuting such violations. 
(b) TECHNICAL CORRECTION.—Section 833(a)(2)(H) 
of the International Marriage Broker Regulation Act of 
2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking 
‘‘Federal and State sex offender public registries’’ and in-
serting ‘‘the National Sex Offender Public Website’’. 
(c) REGULATION
OF INTERNATIONAL MARRIAGE 
BROKERS.—Section 833(d) of the International Marriage 
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Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) PROHIBITION ON MARKETING OF OR TO 
CHILDREN.— 
‘‘(A) IN GENERAL.—An international mar-
riage broker shall not provide any individual or 
entity with the personal contact information, 
photograph, or general information about the 
background or interests of any individual under 
the age of 18. 
‘‘(B) COMPLIANCE.—To comply with the 
requirements of subparagraph (A), an inter-
national marriage broker shall— 
‘‘(i) obtain a valid copy of each for-
eign national client’s birth certificate or 
other proof of age document issued by an 
appropriate government entity; 
‘‘(ii) indicate on such certificate or 
document the date it was received by the 
international marriage broker; 
‘‘(iii) retain the original of such cer-
tificate or document for 7 years after such 
date of receipt; and 
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‘‘(iv) produce such certificate or docu-
ment upon request to an appropriate au-
thority charged with the enforcement of 
this paragraph.’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)(i)— 
(i) in the heading, by striking ‘‘REG-
ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; 
and 
(ii) by striking ‘‘Registry or State sex 
offender public registry,’’ and inserting 
‘‘Website,’’; 
(B) in subparagraph (B)(i), by striking 
‘‘permanent civil’’ and inserting ‘‘final’’; and 
(C) in subparagraph (B)(ii)— 
(i) by inserting ‘‘or endangerment, 
elder abuse or neglect or exploitation’’ 
after ‘‘child abuse or neglect’’; and 
(ii) by striking ‘‘or stalking.’’ and in-
serting ‘‘stalking, or an attempt to commit 
any such crime.’’; 
(3) in paragraph (3)— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘Registry, 
or of the relevant State sex offender public 
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117 
registry for any State not yet participating 
in the National Sex Offender Public Reg-
istry, in which the United States client has 
resided during the previous 20 years,’’ and 
inserting ‘‘Website’’; and 
(ii) in clause (iii)(II), by striking 
‘‘background information collected by the 
international marriage broker under para-
graph (2)(B);’’ and inserting ‘‘signed cer-
tification and accompanying documentation 
or attestation regarding the background in-
formation 
collected 
under 
paragraph 
(2)(B);’’; and 
(B) by striking subparagraph (C); 
(4) in paragraph (5)— 
(A) in subparagraph (A)(ii), by striking ‘‘A 
penalty may be imposed under clause (i) by the 
Attorney General only’’ and inserting ‘‘At the 
discretion of the Attorney General, a penalty 
may be imposed under clause (i) either by a 
Federal judge, or by the Attorney General’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) FEDERAL CRIMINAL PENALTIES.— 
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‘‘(i) FAILURE
OF
INTERNATIONAL 
MARRIAGE BROKERS TO COMPLY WITH OB-
LIGATIONS.—Except as provided in clause 
(ii), an international marriage broker that, 
in circumstances in or affecting interstate 
or foreign commerce, or within the special 
maritime and territorial jurisdiction of the 
United States— 
‘‘(I) except as provided in sub-
clause (II), violates (or attempts to 
violate) paragraph (1), (2), (3), or (4) 
shall be fined in accordance with title 
18, United States Code, or imprisoned 
for not more than 1 year, or both; or 
‘‘(II) knowingly violates or at-
tempts to violate paragraphs (1), (2), 
(3), or (4) shall be fined in accord-
ance with title 18, United States 
Code, or imprisoned for not more 
than 5 years, or both. 
‘‘(ii) MISUSE
OF
INFORMATION.—A 
person who knowingly discloses, uses, or 
causes to be used any information obtained 
by an international marriage broker as a 
result of a requirement under paragraph 
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119 
(2) or (3) for any purpose other than the 
disclosures required under paragraph (3) 
shall be fined in accordance with title 18, 
United States Code, or imprisoned for not 
more than 1 year, or both. 
‘‘(iii) FRAUDULENT
FAILURES
OF 
UNITED
STATES
CLIENTS
TO
MAKE
RE-
QUIRED
SELF-DISCLOSURES.—A 
person 
who knowingly and with intent to defraud 
another person outside the United States 
in order to recruit, solicit, entice, or induce 
that other person into entering a dating or 
matrimonial relationship, makes false or 
fraudulent representations regarding the 
disclosures described in clause (i), (ii), (iii), 
or (iv) of subsection (d)(2)(B), including 
by failing to make any such disclosures, 
shall be fined in accordance with title 18, 
United States Code, imprisoned for not 
more than 1 year, or both. 
‘‘(iv) RELATIONSHIP TO OTHER PEN-
ALTIES.—The penalties provided in clauses 
(i), (ii), and (iii) are in addition to any 
other civil or criminal liability under Fed-
eral or State law to which a person may be 
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subject for the misuse of information, in-
cluding misuse to threaten, intimidate, or 
harass any individual. 
‘‘(v) 
CONSTRUCTION.—Nothing 
in 
this paragraph or paragraph (3) or (4) 
may be construed to prevent the disclosure 
of information to law enforcement or pur-
suant to a court order.’’; and 
(C) in subparagraph (C), by striking the 
period at the end and inserting ‘‘including equi-
table remedies.’’; 
(5) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively; and 
(6) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) ENFORCEMENT.— 
‘‘(A) AUTHORITY.—The Attorney General 
shall be responsible for the enforcement of the 
provisions of this section, including the prosecu-
tion of civil and criminal penalties provided for 
by this section. 
‘‘(B) CONSULTATION.—The Attorney Gen-
eral shall consult with the Director of the Office 
on Violence Against Women of the Department 
of Justice to develop policies and public edu-
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121 
cation designed to promote enforcement of this 
section.’’. 
(d) GAO STUDY AND REPORT.—Section 833(f) of 
the International Marriage Broker Regulation Act of 2005 
(8 U.S.C. 1375a(f)) is amended— 
(1) in the subsection heading, by striking 
‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES 
AND REPORTS.—’’; and 
(2) by adding at the end the following: 
‘‘(4) CONTINUING
IMPACT
STUDY
AND
RE-
PORT.— 
‘‘(A) STUDY.—The Comptroller General 
shall conduct a study on the continuing impact 
of the implementation of this section and of sec-
tion of 214 of the Immigration and Nationality 
Act (8 U.S.C. 1184) on the process for grant-
ing K nonimmigrant visas, including specifically 
a study of the items described in subparagraphs 
(A) through (E) of paragraph (1). 
‘‘(B) REPORT.—Not later than 2 years 
after the date of the enactment of the Violence 
Against Women Reauthorization Act of 2013, 
the Comptroller General shall submit to the 
Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of 
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122 
Representatives a report setting forth the re-
sults of the study conducted under subpara-
graph (A). 
‘‘(C) DATA
COLLECTION.—The Attorney 
General, the Secretary of Homeland Security, 
and the Secretary of State shall collect and 
maintain the data necessary for the Comptroller 
General to conduct the study required by para-
graph (1)(A).’’. 
TITLE VII—SEXUAL ABUSE IN 
PRISONS 
SEC. 701. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 
(a) SUITS BY PRISONERS.—Section 7(e) of the Civil 
Rights of Institutionalized Persons Act (42 U.S.C. 
1997e(e)) is amended by inserting before the period at the 
end the following: ‘‘or the commission of a sexual act (as 
defined in section 2246 of title 18, United States Code)’’. 
(b) UNITED
STATES
AS
DEFENDANT.—Section 
1346(b)(2) of title 28, United States Code, is amended 
by inserting before the period at the end the following: 
‘‘or the commission of a sexual act (as defined in section 
2246 of title 18)’’. 
(c) ADOPTION AND EFFECT OF NATIONAL STAND-
ARDS.—Section 8 of the Prison Rape Elimination Act of 
2003 (42 U.S.C. 15607) is amended— 
VerDate Mar 15 2010 
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(1) by redesignating subsection (c) as sub-
section (e); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP-
ERATED BY THE DEPARTMENT OF HOMELAND SECU-
RITY.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Violence Against 
Women Reauthorization Act of 2011, the Secretary 
of Homeland Security shall publish a final rule 
adopting national standards for the detection, pre-
vention, reduction, and punishment of rape and sex-
ual assault in facilities that maintain custody of 
aliens detained for a violation of the immigrations 
laws of the United States. 
‘‘(2) APPLICABILITY.—The standards adopted 
under paragraph (1) shall apply to detention facili-
ties operated by the Department of Homeland Secu-
rity and to detention facilities operated under con-
tract with the Department. 
‘‘(3) COMPLIANCE.—The Secretary of Home-
land Security shall— 
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‘‘(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 
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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 
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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 
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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-
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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. 
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130 
partment during the preceding fiscal year, including 
an indication of the number of reports sustained at 
each facility. 
(b) REPORTING REQUIREMENT.—Not later than De-
cember 1, 2012, and annually thereafter, the Legal Serv-
ices Corporation shall submit a report to the Senate Com-
mittee on the Judiciary and the House Committee on the 
Judiciary identifying the following: 
(1) Steps taken to consult with and include pro-
grams serving victims of domestic violence, dating 
violence, sexual assault, and stalking, population 
specific programs, culturally specific programs, and 
representatives from underserved populations in 
community consultations used to determine what 
services each Legal Services Corporation funded pro-
gram provides. 
(2) Steps taken by the Corporation to imple-
ment and provide training to programs funded by 
the Corporation on the provisions of section 104 of 
the Violence Against Women and Department of 
Justice Reauthorization Act of 2005. 
(3) The number and proportion of programs re-
ceiving funding from the Corporation that have im-
plemented policies and procedures (including those 
for intake and screening) designed to ensure that 
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131 
victims described in section 104 of the Violence 
Against Women and Department of Justice Reau-
thorization Act of 2005 are able to access legal as-
sistance from the program. 
(c) STUDY.—The Comptroller General of the United 
States shall conduct a study— 
(1) on the impact of section 384 of the Illegal 
Immigration Reform and Immigration Responsibility 
Act (IIRAIRA) (8 U.S.C. 1367) and section 
239(e)(1) of the Immigration and Nationality Act (8 
U.S.C. 1229(e)(1)) and the VAWA confidentiality 
protections generally, including in particular— 
(A) the annual number of aliens receiving 
certification subject to 239(e)(1) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229(e)(1)); and 
(B) the annual number of aliens described 
in section 384 of IIRAIRA and cases contained 
in the computerized section 384 confidentiality 
system who— 
(i) have been issued notices to appear 
by the Department of Homeland Security; 
(ii) have pending cases in immigration 
proceedings; 
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132 
(iii) have orders of removal issued 
against them; 
(iv) have been issued immigration de-
tainers; or 
(v) have been placed in detention by 
the Department of Homeland Security; 
(2) that examines the extent to which the At-
torney General, the Secretary of Homeland Security, 
the Secretary of State, and local law enforcement 
agencies participating in the program under section 
287(g) of the Immigration and Nationality Act, have 
implemented policies, practices, or protocols that— 
(A) screen for victimization, eligibility for 
humanitarian release, and eligibility for relief 
under sections 101(a)(15)(T), 101(a)(15)(U), 
101(a)(27)(J), 101(a)(51), 106, 240A(b)(2), 
244(a)(3) (as in effect on March 31, 1997) of 
the Immigration and Nationality Act or section 
107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 710); 
(B) provide potential victims with informa-
tion about the forms of immigration relief listed 
in subparagraph (A); 
(C) result in T- and U-visa certification; 
and 
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133 
(D) are designed to ensure that immigrant 
victims are not subjected to immigration en-
forcement related to the perpetrator’s actions or 
communications; 
(3) that reports on the number of section 
298(g) jurisdictions that have memoranda of under-
standing with the Secretary of Homeland Security 
requiring practices that result in T- and U-visa cer-
tifications and compliance with VAWA confiden-
tiality protections by officers and departments par-
ticipating in the section 287(g) program; and 
(4) that reports on the proportion of Federal, 
State and local law enforcement agencies that— 
(A) have designated an individual to sign 
U-visa certifications; 
(B) have U-visa certification policies or 
protocols; and 
(C) have received training in— 
(i) U-visa certification; and 
(ii) T-visa endorsement. 
(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Rep-
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resentatives a report setting forth the results of the study 
conducted under subsection (b). 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 802. DATA COLLECTION AND REPORTING. 
(a) ANNUAL REPORT TO CONGRESS.—Not later than 
December 1, 2012, and annually thereafter, the Secretary 
shall submit a report to the Senate Committee on the Ju-
diciary and the House Committee on the Judiciary a re-
port stating— 
(1) the number of persons (primary applicants 
and derivative beneficiaries, total and by State) who 
have applied for, been granted, or been denied a visa 
or a petition, adjustment of status, work authoriza-
tion, parole, naturalization or otherwise provided 
status under paragraphs (15)(T)(i), (15)(U)(i), 
(27)(J), and (51) of section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) and 
section 106 of such Act, during the preceding fiscal 
year; 
(2) the number of requests for further evidence 
issued for each case type described in subparagraph 
(1) during the preceding fiscal year; 
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(3) the mean and median time in which it takes 
to adjudicate applications for relief, and adjustments 
of status submitted under subparagraph (T)(i) or 
(U)(i), of section 101(a)(15), section 101(a)(27)(J), 
section 101(a)(51), and section 106 of the Immigra-
tion and Nationality Act (8 U.S.C. 1101) during the 
preceding fiscal year; 
(4) the mean and median time between the re-
ceipt of applications for visas submitted under sub-
paragraph (T) or (U) of section 101(a)(15), section 
101(a)(27)(J), or section 101(a)(51) of the Immi-
gration and Nationality Act (8 U.S.C. 1101) and the 
issuance of work authorization to eligible applicants 
during the preceding fiscal year; 
(5) the number of victims granted continued 
presence in the United States under section 
107(c)(3) of the Trafficking Victims Protection Act 
of 2000 during the preceding fiscal year; and 
(6) any efforts being taken to reduce the adju-
dication and processing time, while ensuring the safe 
and competent processing of the applications de-
scribed in subsections (a), (b), (c), and (d) of this 
section. 
Æ 
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