[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5331 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5331

 To provide protections against violence against immigrant women, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2012

   Ms. Schakowsky (for herself, Ms. Chu, Ms. Clarke of New York, Mr. 
 Grijalva, Ms. Hahn, Ms. Lee of California, Ms. Moore, Mr. Polis, Ms. 
Loretta Sanchez of California, and Ms. Waters) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
    addition to the Committees on Financial Services and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide protections against violence against immigrant women, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violence Against Immigrant Women Act 
of 2012''.

                          TITLE I--RULEMAKINGS

SEC. 101. RULEMAKING AND FINDINGS WITH REGARD TO RULEMAKING.

    (a) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General, the Secretary of Homeland 
Security, and the Secretary of State shall make rules to implement this 
Act and the amendments carried out by this Act. To the extent necessary 
to ensure that such rules are made in a timely manner, the rules shall 
take effect on an interim basis, at the same time that notice and 
opportunity for public comment are offered. Access to the relief 
provided by this Act and previous Acts listed in subsection (b) is in 
the public interest, as necessary to protect health and safety and 
promulgation of regulations that take effect on an interim basis falls 
within the good cause exception in the Administrative Procedure Act.
    (b) Findings.--Not later than 180 days after the date of enactment 
of this Act, the Attorney General, the Secretary of Homeland Security, 
and the Secretary of State shall promulgate interim regulations to 
implement the provisions not amended or repealed from the Victims of 
Trafficking and Violence Prevention Act of 2000 (Public Law 106-386), 
the Violence Against Women Act and Department Justice Reauthorization 
Act of 2006 (Public Law 109-162) and the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 
110-457). Insofar as required to carry out the previous sentence in a 
timely manner, such regulations shall be promulgated to take effect on 
an interim basis, at the same time that notice and opportunity for 
public comment are offered.

                   TITLE II--PROTECTIONS FOR VICTIMS

SEC. 201. EMPLOYMENT AUTHORIZATION FOR IMMIGRANT VICTIMS.

    (a) Findings.--Congress finds as follows:
            (1) Congress created immigration protections for immigrant 
        victims of domestic violence, sexual assault, stalking, dating 
        violence, human trafficking, and other crime victims for two 
        important purposes--to facilitate prosecution of perpetrators 
        and to enhance victim safety.
            (2) The safety of immigrant victims applying for protection 
        under the Violence Against Women Act or the Trafficking Victims 
        Protection Act is undermined when government agencies delay in 
        providing legal work authorization. Immigrant victims' ability 
        to seek help and to cooperate in the detection, investigation 
        or prosecution crimes committed against them is enhanced when 
        victims can work lawfully and sever their economic dependence 
        on the perpetrator.
            (3) When victims know that they will receive legal work 
        authorization within 180 days of filing their for victim 
        related immigration relief, victims and their advocates can 
        develop safety plans that will focus on steps the victim can 
        take to keep herself and her children safe during the work 
        authorization waiting period. This can include stays in an 
        emergency shelter and transitional housing, obtaining legal 
        custody of her children and learning skills that will enhance 
        her employability.
            (4) The economic stability that comes from the ability to 
        work lawfully in the United States reduces victims' 
        vulnerability to abuse, exploitation and coercion from crime 
        perpetrators.
            (5) Congress in VAWA 2000 and VAWA 2005 took steps to 
        encourage DHS to grant immigrant crime victims swift access to 
        legal work authorization. However, as of 2011 73.9% of VAWA 
        self-petitioners and 93.9% of U-visa applicants endure delays 
        of longer than 6 months before receiving legal work 
        authorization. Of these many wait well over a year after filing 
        before receiving work authorization--36.7% of VAWA self-
        petitioners and 32% of U-visa applicants. These delays harm 
        criminal prosecutions and endanger victims and their children.
    (b) Employment Authorization for Immigrant Victims.--Section 
204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) is 
amended by adding at the end the following:
                    ``(M) Notwithstanding any provision of this Act 
                restricting eligibility for employment in the United 
                States, the Secretary of Homeland Security may grant 
                employment authorization to an alien who has filed a 
                petition for status as a VAWA self-petitioner or a 
                nonimmigrant described in section 101(a)(15)(U) on the 
                date that is the earlier of--
                            ``(i) the date the alien's petition for 
                        such status is approved; or
                            ``(ii) 180 days after the date the alien 
                        filed a petition for such status.''.

SEC. 202. PROTECTIONS FOR TRAFFICKING VICTIMS.

    (a) Death of a Family Member.--
            (1) Citizen parents.--Section 204(a)(1)(A)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 
        amended--
                    (A) by striking ``or who'' the first place it 
                appears and inserting ``, who'';
                    (B) by inserting ``who was a child of a United 
                States citizen parent (i)(I) who died within the past 2 
                years; or (II) who died when the child was under 18 
                years of age and the child filed a petition under this 
                subsection not later than 2 years after the child 
                reached the age of 18 years, or (ii) whose marriage to 
                the child's alien parent was terminated, including by 
                divorce, annulment, or by death of the alien parent or 
                the United States citizen parent'' before ``, and who 
                is a person of good moral character,''; and
                    (C) by striking ``(and any child of the alien)'' 
                and inserting ``(and any spouse or child of the 
                alien)''.
            (2) Lawful permanent residents.--Section 204(a)(1)(B) of 
        the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
        amended--
                    (A) in clause (iii)--
                            (i) by striking ``or who'' and inserting 
                        ``who'';
                            (ii) by inserting ``or who was a child of a 
                        lawful permanent resident parent (I)(aa) who 
                        within the past 2 years; or (II) who died when 
                        one child was under 18 years of age and the 
                        child filed a petiiton unde this subsection no 
                        later than 2 years after the child reached the 
                        age of 18'' before ``, and who is a person of 
                        good moral character,''; and
                            (iii) by striking ``(and any child of the 
                        alien)'' and inserting ``(and any spouse or 
                        child of the alien)''; and
                    (B) in clause (ii)(II)(aa)(CC)--
                            (i) in subsubitem (aaa), by striking 
                        ``or'';
                            (ii) in subsubitem (bbb), by striking the 
                        semicolon at the end and inserting ``; or''; 
                        and
                            (iii) by adding at the end the following:

                                                    ``(ccc) whose 
                                                spouse died within the 
                                                past 2 years.''.

            (3) Self petitioning by minors.--Section 204(a)(1)(D)(v) of 
        the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)(v)) 
        is amended by inserting after ``who is not less than 21 years 
        of age,'' the following: ``(and the individual's spouse and 
        children)''.
            (4) Surviving relatives.--Section 204(l) of the Immigration 
        and Nationality Act (8 U.S.C. 1165(l)) is amended--
                    (A) in paragraph (1), by striking ``who resided in 
                the United States at the time of the death of the 
                qualifying relative and who continues to reside in the 
                United States''; and
                    (B) in paragraph (2)(E), to read as follows:
                    ``(E)(i) an alien described in section 
                101(a)(15)(T)(ii) whose qualifying relative has been 
                admitted in nonimmigrant status described in section 
                101(a)(15)(T)(i);
                    ``(ii) an alien described in section 
                101(a)(15)(U)(ii) whose qualifying relative has been 
                admitted in nonimmigrant status described in section 
                101(a)(15)(U)(i); or
                    ``(iii) an alien who is a VAWA self-petitioner.''.
            (5) Effective dates.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by paragraphs (1) and (2) 
                shall take effect on the date of enactment of this Act 
                and shall apply to petitions filed on or after that 
                date.
                    (B) Transition in case of citizen parents who died 
                before enactment.--In applying the amendments made by 
                paragraphs (1) and (2)(A) in the case of an alien whose 
                citizen or lawful permanent resident parent died during 
                the period beginning on the date that is 2 years prior 
                to the date of enactment of Violence Against Women 
                Reauthorization Act of 2005, and ending on the date of 
                enactment of this Act--
                            (i) section 204(a)(1)(A)(iv) and section 
                        204(a)(1)(B)(iii) of the Immigration and 
                        Nationality Act shall each be applied as though 
                        the phrase ``within the past two years'' were 
                        ``the period described in section 202(d)(5)(B) 
                        of the Violence Against Immigrant Women Act of 
                        2012'';
                            (ii) a petition under either such section 
                        shall be filed not later than the later of--
                                    (I) 2 years after the date of 
                                enactment of this Act; or
                                    (II) the 2 years after the date the 
                                alien attains 18 years of age; and
                            (iii) the determination of eligibility of 
                        an alien child for benefits under either such 
                        section (including under section 204(a)(1)(D) 
                        of such Act, by reason of a petition authorized 
                        under such section) shall be determined as of 
                        the date of the death of the citizen or lawful 
                        permanent resident parent.
    (b) Unaccompanied Alien Child Redefined.--Section 462(g) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)) is amended--
            (1) in paragraph (2)(C)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) was apprehended without a parent or 
                        legal guardian and is not reunified with a 
                        parent or legal guardian within 72 hours 
                        thereafter.''; and
            (2) by adding at the end the following:
    ``(h) Reunification with a parent or legal guardian or next friend 
does not affect the child's unaccompanied status for the duration of 
the child's immigration proceedings.''.
    (c) Providing Safe and Secure Placements for Children.--Section 
235(c)(2) of the Trafficking Victims Protection Reauthorization Act of 
2008 is amended by adding at the end the following: ``The Secretary of 
Homeland Security shall permit the continuation of care plans developed 
by the Office of Refugee Resettlement's division of Unaccompanied 
Children's Services to ensure their continued protected status after 
they turn 18, in an arrangement that is the least restrictive possible. 
The provisions of this paragraph apply to an unaccompanied alien child 
until such child attains 21 years of age, including those provisions 
providing for continued authorization of placement of that child.''.
    (d) Providing Safe and Secure Placements for Children.--Section 
235(c)(1) of the Trafficking Victims Protection Reauthorization Act of 
2008 is amended to read as follows:
            ``(1) Policies and programs.--
                    ``(A) In general.--The Secretary of Health and 
                Human Services, Secretary of Homeland Security, 
                Attorney General, and Secretary of State shall 
                establish policies and programs to ensure that 
                unaccompanied alien children in the United States are 
                protected from traffickers and other persons seeking to 
                victimize or otherwise engage such children in 
                criminal, harmful, or exploitative activity, including 
                policies and programs reflecting best practices in 
                witness security programs.
                    ``(B) Confidentiality of information.--In order to 
                protect unaccompanied alien children in the United 
                States, information acquired by any person, including 
                officers or employees of the Department of Health and 
                Human Services, case managers, or others in connection 
                with providing services or treatment to children in the 
                custody of the Secretary of Health and Human Services, 
                including any contracted social service entity, shall 
                have be afforded confidentiality protections under VAWA 
                confidentiality (8 U.S.C. 1367) and the Health 
                Insurance Portability and Accountability Act.''.
    (e) Eligibility for Special Immigrant Juvenile Status.--
            (1) Age and court jurisdiction.--Section 235(d)(6) of the 
        Trafficking Victims Protection Reauthorization Act of 2008 is 
        amended to read as follows:
            ``(6) Transition rule.--Notwithstanding any other provision 
        of law, an alien described in section 101(a)(27)(J) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) may 
        not be denied special immigrant status under such section or 
        have such status revoked after the date of the enactment of 
        this Act based on age or whether the alien continues to be 
        under State or juvenile court jurisdiction if the alien was a 
        child and under State or juvenile court jurisdiction on the 
        date on which the alien applied for such status.''.
            (2) Single parents.--Section 101(a)(27)(J)(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is 
        amended--
                    (A) by striking ``1 or both'' and inserting ``at 
                least one'';
                    (B) by inserting after ``State law'' the following: 
                ``regardless of whether the immigrant lives with the 
                non-offending parent;''; and
                    (C) by inserting after ``custody of'' the 
                following: ``a non-offending parent of the immigrant''.
    (f) Counting of Trafficking Victims and Benefits for U-Visa Holders 
and Families.--Section 107(b)(1)(B) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended by adding 
``and victims of human trafficking who qualify for other forms of 
immigration relief'' after ``101(a)(15)(T)(ii)''.
    (g) Passport Retention.--Section 1592 of title 18, United States 
Code, is amended--
            (1) in subsection (a)(2) by deleting ``or'' at the end;
            (2) in subsection (a)(3) by adding ``or'' at the end; and
            (3) by inserting after paragraph (3) of subsection (a) the 
        following:
            ``(4) for more than 32 hours shall be subject to a 
        rebuttable presumption that they are withholding the passport 
        of another person against that persons will in violation of 
        this section, but it is not a violation of this section to 
        obtain a person's passport for up 32 hours for the purpose of 
        complying with Federal or State government requirements;''.

SEC. 203. PROTECTIONS FOR VICTIMS OF CRIMINAL ACTIVITY.

    (a) In General.--Section 101(a)(15)(U)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended--
            (1) by inserting ``stalking; dating violence; abuse; 
        endangerment; or exploitation of a person who is a child, 
        elderly, or disabled;'' after ``perjury;''; and
            (2) by adding at the end the following:
                            ``(iv) the terms `domestic violence', 
                        `sexual assault', `dating violence', and 
                        `stalking' have the meaning given such terms in 
                        the Violence Against Women Act of 1994 (42 
                        U.S.C. 13925(a));''.
    (b) Protection for Incapacitated Sons and Daughters of Victims.--
(1) Section 101(a)(15)(T)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(t)) is amended--
            (A) in subclause (I) by inserting ``, incapacitated 
        siblings,'' after ``under such clause''; and
            (B) in subclause (III) by inserting ``, incapacitated 
        sibling,'' after ``parent''.
    (2) Section 101(a)(15)(U)(ii) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(U)(ii)) is amended--
            (A) in subclause (I)--
                    (i) by inserting ``or incapacitated'' after ``under 
                21 years of age'';
                    (ii) by inserting ``son or daughter,'' after 
                ``children,''; and
                    (iii) by inserting ``any children of the 
                siblings,'' after ``under such clause''; and
            (B) in subclause (II)--
                    (i) by inserting ``under 21 years of age on the 
                date on which such alien applied for status under such 
                clause'' after ``children''; and
                    (ii) by inserting ``, and any children of the 
                children'' after ``such alien''.
    (3) Section 204(a)(1) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)) is amended--
            (A) in subparagraph (A)(ii), by inserting ``or 
        incapacitated sons or daughters'' after ``alien's children'';
            (B) in subparagraph (A)(iii), in the matter preceding item 
        (aa), by inserting ``or incapacitated son or daughter'' after 
        ``child'';
            (C) in subparagraph (A)(iii)(I)(bb), by striking ``or a 
        child'' inserting ``, an incapacitated son or daughter of the 
        alien, or a child'';
            (D) in subparagraph (A)(iv), by inserting ``, or 
        incapacitated son or daughter,'' after ``child'' the first and 
        second places it appears;
            (E) in subparagraph (A)(vi), by striking ``or child'' and 
        inserting ``, incapacitated son or daughter, or child'';
            (F) in subparagraph (B)(ii)(I)(bb), by inserting ``, an 
        incapacitated son or daughter of the alien, or'' before ``a 
        child of the alien''; and
            (G) in subparagraph (B)(iii), by inserting ``incapacitated 
        son or daughter'' after ``child'' the first, second, and third 
        places it appears.
    (c) Protecting Parents of U.S. Citizen Child Crime Victims.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)) shall be amended--
            (1) in clause (i)--
                    (A) in subclause (I), by inserting after ``the 
                alien'' the following: ``or a child of the alien'';
                    (B) in subclause (II), by striking ``an alien'' 
                before the word ``child'' and inserting ``a''; and
                    (C) in subclause (III), by striking ``an alien'' 
                before the word ``child'' and inserting ``a''; and
            (2) in clause (ii), by inserting after subclause (II) the 
        following:
                                    ``(III) in the case of an alien 
                                described in clause (i) who is 21 years 
                                of age or older and incapacitated, the 
                                parents and siblings of such alien.''.
    (d) Requirements Applicable to U Visas.--
            (1) Recapture of unused u visas.--Section 214(p)(2) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(p)(2)) is 
        amended--
                    (A) in subparagraph (A), by striking ``The number'' 
                and inserting ``Except as provided in subparagraph (C), 
                the number''; and
                    (B) by adding at the end the following:
                    ``(C) Beginning in fiscal year 2012, if the 
                numerical limitation set forth in subparagraph (A) is 
                reached before the end of the fiscal year, up to 5,000 
                additional visas, of the aggregate number of visas that 
                were available and not issued to nonimmigrants 
                described in section 101(a)(15)(U) in fiscal years 2006 
                through 2011, may be issued until the end of the fiscal 
                year.''.
            (2) Sunset date.--The amendments made by paragraph (1) are 
        repealed on the date on which the aggregate number of visas 
        that were available and not issued in fiscal years 2006 through 
        2011 have been issued pursuant to section 214(p)(2)(C) of the 
        Immigration and Nationality Act.
            (3) Age determinations.--Section 214(p) of the Immigration 
        and Nationality Act (8 U.S.C. 1184(p)) is amended by adding at 
        the end the following:
            ``(7) Age determinations.--
                    ``(A) Children.--An unmarried alien who seeks to 
                accompany, or follow to join, a parent granted status 
                under section 101(a)(15)(U)(i), and who was under 21 
                years of age on the date on which such parent 
                petitioned for such status, shall continue to be 
                classified as a child for purposes of section 
                101(a)(15)(U)(ii), if the alien attains 21 years of age 
                after such parent's petition was filed but while it was 
                pending.
                    ``(B) Principal aliens.--An alien described in 
                clause (i) of section 101(a)(15)(U) shall continue to 
                be treated as an alien described in clause (ii)(I) of 
                such section if the alien attains 21 years of age after 
                the alien's application for status under such clause 
                (i) is filed but while it is pending.''.
            (4) Petitioning procedures for u visas.--Section 214(p)(1) 
        of the Immigration and Nationality Act (8 U.S.C. 1154(p)) is 
        amended by inserting ``Certifications may be signed by the head 
        of the agency or any agency staff member designated by such 
        agency head to sign certifications.'' before ``The 
        certification may also''.
    (e) VOCA as U-Visa Certifiers.--Section 203(j) through section 
214(p) of the Immigration and Nationality Act (8 U.S.C. 1153(j) through 
8 U.S.C. 1184(p)) is amended by inserting ``administrator of crime 
victim assistance under the Comprehensive Crime Control Act of 1984 (42 
U.S.C. 10602),'' after ``prosecutor, judge,'' each place it appears.

SEC. 204. BATTERED SPOUSE AND FAMILY MEMBER PROTECTIONS AND 
              NONIMMIGRANTS.

    (a) Exception From Foreign Residence Requirement for Educational 
Visitors.--
            (1) In general.--Section 212(e) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(e)) is amended, in the matter 
        before the first proviso, by inserting ``unless the alien is a 
        VAWA self-petitioner or an applicant for nonimmigrant status 
        under 101(a)(15)(T) or (U)'' after ``for an aggregate of at 
        least two years following departure from the United States''.
            (2) Effective date.--The amendment made by this paragraph 
        shall apply to aliens regardless of whether the foreign 
        residence requirement under section 212(e) of the Immigration 
        and Nationality Act arises out of an admission or acquisition 
        of status under section 101(a)(15)(J) of such Act, before, on, 
        or after the date of enactment of this Act.
    (b) Self-Petitioning.--Section 204(a)(1)(A)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended--
            (1) in subclause (I)(bb), by inserting ``or to conclude in 
        a valid marriage'' after ``intended by the alien to be legally 
        a marriage'';
            (2) in subclause (II)(aa)--
                    (A) by striking ``or'' at the end of subitem (BB);
                    (B) by inserting ``or'' at the end of subitem (CC); 
                and
                    (C) by adding at the end the following new subitem:

                                                    ``(DD) who entered 
                                                the United States as an 
                                                alien described in 
                                                section 101(a)(15)(K) 
                                                with the intent to 
                                                enter into a valid 
                                                marriage and the alien 
                                                (or child of the alien) 
                                                was battered or subject 
                                                to extreme cruelty by 
                                                the United States 
                                                citizen who filed the 
                                                petition to accord 
                                                status under such 
                                                section;'';

            (3) in subclause (II)(cc)--
                    (A) by striking ``or who'' and inserting ``, who''; 
                and
                    (B) by inserting ``, or who is described in subitem 
                (aa)(DD)'' before the semicolon; and
            (4) in subclause (II)(dd) by inserting ``or who is 
        described in subitem (aa)(DD)'' before the period.
    (c) Exception From Requirement To Depart.--Section 214(d)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended by 
inserting before the period at the end the following: ``unless the 
alien (and the child of the alien) entered the United States as an 
alien described in section 101(a)(15)(K) with the intent to enter into 
a valid marriage and the alien or child was battered or subjected to 
extreme cruelty by the United States citizen who filed the petition to 
accord status under such section''.
    (d) Effective Date.--The amendments made by this subsection shall 
apply to aliens admitted before, on, or after the date of enactment of 
this Act.
    (e) Relief for Abused Fiances.--
            (1) Conforming application in cancellation of removal.--
        Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1229b(b)(2)(A)(i)) is amended--
                    (A) by striking ``or'' at the end of subclause 
                (II);
                    (B) by adding ``or'' at the end of subclause (III); 
                and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(IV) the alien entered the United 
                                States as an alien described in section 
                                101(a)(15)(K) with the intent to enter 
                                into a valid marriage and the alien (or 
                                the child of the alien who is described 
                                in such section) was battered or 
                                subject to extreme cruelty by the 
                                United States citizen who filed the 
                                petition to accord status under such 
                                section;''.
            (2) Exception to restriction on adjustment of status.--The 
        second sentence of section 245(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(d)) is amended by inserting 
        before the period the following: ``, unless the alien is 
        described in section 204(a)(1)(A)(iii)(II)(aa)(DD)''.
            (3) Application under suspension of deportation.--Section 
        244(a)(3) of such Act (8 U.S.C. 1254(a)(3)) (as in effect on 
        March 31, 1997) shall be applied (as if in effect on such date) 
        as if the phrase ``is described in section 240A(b)(2)(A)(i)(IV) 
        or'' were inserted before ``has been battered'' the first place 
        it appears.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens admitted before, on, or after such date.
    (f) Visa Waiver Entrants.--
            (1) In general.--Section 217(b)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1187(b)(2)) is amended by inserting 
        ``as a VAWA self-petitioner or for relief under section 
        101(a)(15)(T) or (U), under section 240A(b)(2), or under 
        section 244(a)(3) (as in effect on March 31, 1997),'' after 
        ``asylum,''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to waivers provided under section 217(b)(2) of the 
        Immigration and Nationality Act before, on, or after such date 
        as if it had been included in such waivers.
    (g) Abused Derivatives Accessing VAWA Self-Petitioning.--Section 
204(a)(1)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(B)(ii)(I)) is amended--
            (1) in subitem (CC) by inserting ``or'' at the end; and
            (2) by adding a new subitem (DD) as follows:

                                                    ``(DD) who is or 
                                                was the bona fide 
                                                spouse of an alien who 
                                                is now a Lawful 
                                                Permanent Resident.''.

SEC. 205. BATTERED SPOUSE AND FAMILY MEMBER PROTECTIONS.

    (a) Self-Petitioning for Abandoned Spouses.--
            (1) Abandoned spouses of u.s. citizens.--Section 
        204(a)(1)(A)(iii)(I)(bb) of the Immigration and Nationality Act 
        (8 U.S.C. 1154(a)(1)(A)(iii)(I)(bb)) is amended by inserting 
        ``abandoned,'' before ``battered''.
            (2) Abandoned spouses of lawful permanent residents.--
        Section 204(a)(1)(B)(ii)(I)(bb) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)(I)(bb)) is amended 
        by inserting ``abandoned,'' before ``battered''.
    (b) Improved Access to VAWA Self-Petitioning.--
            (1) Abused immigrant spouses of united states citizens.--
        Section 204(a)(1)(A) of the Immigration and Nationality Act (8 
        U.S.C. 1154(a)(1)(A)) is amended--
                    (A) in clause (iii)(I)(bb) by striking ``during the 
                marriage or relationship intended by the alien to be 
                legally a marriage,'';
                    (B) in clause (iii)(II)(aa)(CC)(bbb) by striking 
                ``related to an incident of domestic violence'';
                    (C) in clause (iii)(II)(aa)--
                            (i) by striking subitem (CC)(ccc); and
                            (ii) by inserting after (CC) the following:

                                                    ``(DD) who was a 
                                                bona fide spouse of a 
                                                United States citizen 
                                                whose marriage was 
                                                legally terminated. 
                                                Applications under this 
                                                subsection must be 
                                                filed within 2 years 
                                                beginning on the date 
                                                that the alien spouse 
                                                receives actual notice 
                                                of the final court 
                                                order legally 
                                                terminating the 
                                                marriage;''; and

                    (D) in clause (iii)(II)(dd) by inserting ``at any 
                time'' before ``resided with''.
            (2) Abused immigrant spouses of lawful permanent 
        residents.--Section 204(a)(1)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended--
                    (A) in clause (ii)(I)(bb) by striking ``during the 
                marriage or relationship intended by the alien to be 
                legally a marriage,'';
                    (B) in clause (ii)(II)(aa), by striking subitem 
                (CC), and inserting the following:

                                                    ``(CC) who was a 
                                                bona fide spouse of a 
                                                lawful permanent 
                                                resident within the 
                                                past two years and 
                                                whose spouse lost 
                                                status within the past 
                                                2 years due to an 
                                                incident of battering 
                                                or extreme cruelty; or

                                                    ``(DD) who was a 
                                                bona fide spouse of a 
                                                lawful permanent 
                                                resident whose marriage 
                                                was legally terminated. 
                                                Applications under this 
                                                subsection must be 
                                                filed within 2 years 
                                                beginning on the date 
                                                that the alien spouse 
                                                receives actual notice 
                                                of the final court 
                                                order legally 
                                                terminating the 
                                                marriage;''; and

                    (C) in clause (ii)(II)(dd) is amended by inserting 
                ``at any time'' before ``resided with''.
    (c) Survival of Rights to Self-Petition.--Section 204(h) of the 
Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by 
striking ``was approved'' and inserting ``has been filed''.
    (d) Expansion of Protections.--Section 212(d)(5) of the Immigration 
and Nationality Act (8 U.S.C. (d)(5)) is amended by adding at the end 
the following:
                    ``(C) The Secretary of Homeland Security shall 
                grant parole under subparagraph (A) to the following:
                            ``(i) A VAWA self-petitioner whose petition 
                        was approved based on the petitioner or a child 
                        of the petitioner having been battered or 
                        subjected to extreme cruelty by a United States 
                        citizen spouse, parent, or son or daughter.
                            ``(ii) A VAWA self-petitioner whose 
                        petition was approved based on the petitioner 
                        or a child of the petitioner having been 
                        battered or subjected to extreme cruelty by a 
                        lawful permanent resident spouse or parent.
                            ``(iii) An alien whose petition was 
                        approved or who qualifies to be classified as a 
                        nonimmigrant described in section 
                        101(a)(15)(U)(ii).
                            ``(iv) The child of an alien described in 
                        clauses (i), (ii), (iii), or (iv) of this 
                        subsection who is outside of the United States.
                            ``(v) The child of an alien described in 
                        clauses (v) of this subsection who is outside 
                        of the United States.
                    ``(D) The grant of parole under clause (i), (ii), 
                or (iii) of subparagraph (C) shall extend from the date 
                of approval of the applicable petition to the time the 
                application for adjustment of status filed by aliens 
                covered under such subparagraphs has been finally 
                adjudicated. Applications for adjustment of status 
                filed by aliens covered under such clauses shall be 
                treated as if they were applications filed under 
                section 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or 
                (B)(iii) for purposes of section 245(a) and (c). The 
                grant of parole under subparagraph clause (iv) or (v) 
                of such subparagraph shall extend from the date of the 
                determination of the Secretary of State described in 
                such subparagraph to the time the application for 
                status under section 101(a)(15)(U)(ii) has been finally 
                adjudicated. Failure by any alien covered by 
                subparagraph (C) to exercise due diligence in filing a 
                visa petition on the alien's behalf may result in 
                revocation of parole.''.
    (e) Self-Petitioning by Children of Bigamy.--
            (1) Section 201(a)(1)(A)(iv) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended to read 
        as follows:
                            ``(iv) An alien may file a petition with 
                        the Secretary under this subparagraph for 
                        classification of the alien (and any spouse or 
                        child of the alien) if the alien demonstrates 
                        to the Secretary that the alien has been 
                        battered by or has been the subject of extreme 
                        cruelty perpetrated by the alien's citizen 
                        parent and that the alien--
                                    ``(I)(aa) is the child or 
                                incapacitated son or daughter of a 
                                citizen of the United States;
                                    ``(bb) was a child or incapacitated 
                                son or daughter of a United States 
                                citizen parent who within the past 2 
                                years lost or renounced citizenship 
                                status;
                                    ``(cc) who believed that he or she 
                                was the child of a citizen of the 
                                United States--
                                            ``(AA) because a marriage 
                                        ceremony was actually performed 
                                        between the U.S. citizen and 
                                        alien's other parent; and
                                            ``(BB) the alien's other 
                                        parent otherwise meets any 
                                        applicable requirements under 
                                        this Act to establish the 
                                        existence of and bona fides of 
                                        a marriage, but the marriage is 
                                        not legitimate solely because 
                                        of the bigamy of such citizen 
                                        of the United States; or
                                    ``(dd) was a child of a United 
                                States citizen parent--
                                            ``(AA) who within the past 
                                        2 years (or, if later, 2 years 
                                        after the date the child 
                                        attains 18 years of age) died; 
                                        or
                                            ``(BB) whose marriage to 
                                        the alien's parent was 
                                        terminated, including by 
                                        divorce, annulment, or by death 
                                        of the natural parent or the 
                                        abusive stepparent;
                                    ``(II) is a person of good moral 
                                character;
                                    ``(III) is eligible to be 
                                classified as an immediate relative 
                                under section 1151(b)(2)(A)(i) of this 
                                title; and
                                    ``(IV) resides, or has resided in 
                                the past, with the citizen parent (for 
                                purposes of this clause, residence 
                                includes any period of visitation).''.
            (2) Section 204(a)(1)(B)(iii) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)(b)(iii)) is amended to 
        read as follows:
                            ``(iii) An alien may file a petition with 
                        the Secretary under this subparagraph for 
                        classification of the alien (and any spouse or 
                        child of then alien) under such section if the 
                        alien demonstrates to the Secretary that the 
                        alien has been battered by or has been the 
                        subject of extreme cruelty perpetrated by the 
                        alien's permanent resident parent and that the 
                        alien--
                                    ``(I)(aa) is the child or 
                                incapacitated son or daughter of an 
                                alien lawfully admitted for permanent 
                                residence;
                                    ``(bb) was the child or 
                                incapacitated son or daughter of a 
                                lawful permanent resident who within 
                                the past 2 years lost lawful permanent 
                                resident status;
                                    ``(cc) believed that he or she was 
                                a child of an alien stepparent lawfully 
                                admitted for permanent residence--
                                            ``(AA) because a marriage 
                                        ceremony was actually performed 
                                        between the lawful permanent 
                                        resident and alien's other 
                                        parent; and
                                            ``(BB) the alien's other 
                                        parent otherwise meets any 
                                        applicable requirements under 
                                        this Act to establish the 
                                        existence of and bona fides of 
                                        marriage, but the marriage is 
                                        not legitimate solely because 
                                        of the bigamy of such alien 
                                        lawfully admitted for permanent 
                                        residence; or
                                    ``(dd) was a child of a lawful 
                                permanent resident--
                                            ``(AA) who within the past 
                                        2 years (or, if later, 2 years 
                                        after the date the child 
                                        attains 18 years of age) died; 
                                        or
                                            ``(BB) whose marriage to 
                                        the alien child's parent was 
                                        terminated, including by 
                                        divorce, annulment, or by death 
                                        of the natural parent or the 
                                        abusive stepparent;
                                    ``(II) is a person of good moral 
                                character, who is eligible for 
                                classification under section 
                                1153(a)(2)(A) of this title; and
                                    ``(III) resides, or has resided in 
                                the past, with the alien's permanent 
                                resident alien parent (for purposes of 
                                this clause, residence includes any 
                                period of visitation).''.
    (f) Protection for Children of VAWA Self-Petitioners.--Section 
204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(2)) 
is amended--
            (1) in subparagraph (E), by striking ``or'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) a child of an alien who filed a pending or 
                approved petition for classification or application for 
                adjustment of status or other benefit specified in 
                section 101(a)(51) as a VAWA self-petitioner; or''.
    (g) Self-Petitioning Rights Under Section 203 of NACARA.--Section 
309 of the Illegal Immigration and Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note), as 
amended by section 203(a) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), is 
amended--
            (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by 
        section 1510(b) of the Violence Against Women Act of 2000--
                    (A) by striking ``or'' at the end of subitem (BB);
                    (B) by striking ``and'' at the end of subitem (CC) 
                and inserting ``or''; and
                    (C) by adding at the end the following new subitem:

                                                    ``(DD) at the time 
                                                at which the spouse or 
                                                child files an 
                                                application for 
                                                suspension of 
                                                deportation or 
                                                cancellation of 
                                                removal; and'';

            (2) in subsection (f), in paragraph (1), by inserting 
        ``including subsections (VI) and (VII)'' after ``the alien is 
        described in subsection (c)(5)(C)(i) of this section''; and
            (3) in subsection (g)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) by inserting ``subject to paragraph (2),'' 
                after ``section 101(a) of the Immigration and 
                Nationality Act)),''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) There shall be no limitation on a motion to reopen 
        removal or deportation proceedings in the case of an alien who 
        is described in subclause (VI) or (VII) of subsection 
        (c)(5)(C)(i). Motions to reopen removal or deportation 
        proceedings in the case of such an alien shall be handled under 
        the procedures that apply to aliens seeking relief under 
        section 204(a)(1)(A)(iii) of the Immigration and Nationality 
        Act.''.

SEC. 206. BATTERED SPOUSE WAIVERS AND CONDITIONAL RESIDENTS.

    (a) Grounds for Hardship Waiver for Conditional Permanent Residence 
for Intended Spouses.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
            (1) in subparagraph (B)--
                    (A) by inserting after ``(other than through the 
                death of the spouse)'' the following: ``, or the alien 
                has filed for termination of marriage and shall furnish 
                proof of termination prior to the time of 
                adjudication,''; and
                    (B) by striking ``or'' at the end;
            (2) in subparagraph (C) by striking the period and 
        inserting ``, or''; and
            (3) after subparagraph (C) by inserting the fol1lowing new 
        subparagraph:
                    ``(D) the alien meets the requirements under 
                section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the 
                marriage ceremony has been battered by or was subject 
                to extreme cruelty perpetrated by his or her intended 
                spouse and was not at fault in failing to meet the 
                requirements of paragraph (1).''.
    (b) Technical Corrections.--Section 216(c)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection 
(a), is further amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``The Attorney General, in the Attorney General's'' and 
        inserting ``The Secretary of Homeland Security, in the 
        Secretary's''; and
            (2) in the undesignated paragraph at the end--
                    (A) in the first sentence, by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'';
                    (B) in the second sentence, by striking ``Attorney 
                General'' and inserting ``Secretary'';
                    (C) in the third sentence, by striking ``Attorney 
                General.'' and inserting ``Secretary.''; and
                    (D) in the fourth sentence, by striking ``Attorney 
                General'' and inserting ``Secretary''.
    (c) Grounds for Relief.--Such section is further amended by adding 
at the end the following: ``An application for relief under this 
paragraph may be based on one or more grounds specified in 
subparagraphs (A) through (D) and may be amended at any time to change 
the ground or grounds for such relief without the application being 
resubmitted.''.
    (d) Conforming Amendment.--Section 237(a)(1)(H)(ii) of such Act (8 
U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at 
the end the following: ``or qualifies for a waiver under section 
216(c)(4)''.
    (e) Proof of Termination of the Marriage Due at Final Adjudication 
the Hardship Waiver.--Section 216(c)(4)(B) is amended by inserting ``or 
the alien has filed for termination of marriage and will furnish proof 
of termination by the time of adjudication'' after ``terminated (other 
than through the death of the spouse)'';
    (f) Children of Conditional Residents.--In the case of an alien who 
meets the requirements of subsection (c) the Secretary may adjust the 
status of any child of the alien as immediate relatives under section 
201(b)(2)(A)(i) (8 U.S.C. 1151).
    (g) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply as if 
        included in the enactment of the Violence Against Women Act of 
        2000.
            (2) The amendments made by subsections (b) and (c) shall 
        apply to applications for relief pending or filed on or after 
        April 10, 2003.
            (3) The amendments made by subsections (d) and (e) shall 
        take effect upon enactment.

SEC. 207. ASYLUM PROTECTIONS FOR VICTIMS OF VIOLENCE AGAINST WOMEN.

    (a) Section 101(a)(42) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(42)) is amended by adding at the end the following:
    ``For purposes of determinations under this Act, any group whose 
members share a characteristic that is either immutable or fundamental 
to identity, conscience, or the exercise of one's human rights such 
that the person should not be required to change it, shall be deemed a 
particular social group, without any additional requirement.''.
    (b) Section 208(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(1)(B)) is amended by inserting a new clause (iii), as 
follows, and renumbering thereafter:
                            ``(iii) Supporting evidence accepted.--
                        Direct or circumstantial evidence, including 
                        evidence that the State is unable to protect 
                        the applicant or that the State, legal or 
                        social norms tolerate such persecution against 
                        persons like the applicant, may establish that 
                        persecution is on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion.''.
    (c) Section 208(d)(6) of the Immigration and Nationality Act (8 
U.S.C. 1158(d)(6)) is amended--
            (1) by inserting ``(A) In general--'' after ``(6)''; and
            (2) by adding at the end the following:
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien who is otherwise eligible for 
                classification or status as a VAWA self-petitioner, as 
                described in section 101(a)(51) of this Act, or who is 
                otherwise eligible for status either under section 
                101(a)(15)(T) or section 101(a)(15)(U) of this Act.''.
    (d) Spouses and Children of Asylum Applicants Under Adjustment 
Provisions.--
            (1) In general.--Section 209(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following:
                    ``(B) was the spouse of a refugee within the 
                meaning of section 101(a)(42)(A) at the time the asylum 
                application was granted; or
                    ``(C) was the child of a refugee within the meaning 
                of section 101(a)(42)(A) at the time the asylum 
                application was filed,''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act 
        and--
                    (A) section 209(b)(3)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1159(b)(3)(B)), as added by 
                paragraph (1)(B), shall apply to spouses of refugees 
                for whom an asylum application is granted before, on, 
                or after such date; and
                    (B) section 209(b)(3)(C) of such Act (8 U.S.C. 
                1159(b)(3)(C)), as so added, shall apply with respect 
                to the child of a refugee for whom an asylum 
                application is filed before, on, or after such date.
    (e) Children of Refugee or Asylee Spouses and Children.--A child of 
an alien who qualifies for admission as a spouse or child under section 
207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same 
admission status as such alien if the child--
            (1) is accompanying or following to join such alien; and
            (2) is otherwise admissible under such section 207(c)(2)(A) 
        or 208(b)(3).
    (f) Elimination of Arbitrary Time Limits on Asylum Applications.--
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended--
            (1) by striking subparagraph (B);
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively;
            (3) in subparagraph (B), as redesignated, by striking 
        ``(D)'' and inserting ``(C)'';
            (4) by striking subparagraph (C), as redesignated, and 
        inserting the following:
                    ``(C) Changed circumstances.--Notwithstanding 
                subparagraph (B), an application for asylum of an alien 
                may be considered if the alien demonstrates, to the 
                satisfaction of the Attorney General, the existence of 
                changed circumstances that materially affect the 
                applicant's eligibility for asylum.''; and
            (5) by striking subparagraph (E).
    (g) Protections for Minors Seeking Asylum.--Section 208 of the 
Immigration and Nationality Act (8 U.S.C. 1158) is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following:
                    ``(D) Applicability to minors.--Subparagraphs (A) 
                and (B) do not apply to an applicant who is younger 
                than 18 years of age on the earlier of--
                            ``(i) the date on which the asylum 
                        application is filed; or
                            ``(ii) the date on which any Notice to 
                        Appear is issued.''; and
            (2) in subsection (b)(3)(C), by striking ``unaccompanied 
        alien child (as defined in section 462(g) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(g))),'' and inserting: 
        ``applicant who is younger than 18 years of age on the earlier 
        of--
                            ``(i) the date on which the asylum 
                        application is filed; or
                            ``(ii) the date on which any Notice to 
                        Appear is issued,''.

SEC. 208. PROTECTIONS FROM REMOVAL FOR VICTIMS.

    (a) Exception for VAWA Self-Petitioners.--Section 
212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)(iii)(IV)) is amended--
            (1) by inserting ``(I)'' after ``(6)(A)(ii)''; and
            (2) by striking ``if `violation of the terms of the alien's 
        nonimmigrant visa were substituted for unlawful entry into the 
        United States' in subclause (III) of that paragraph''.
    (b) Waivers for Abused Aliens.--Section 212(a)(9)(C)(iii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(iii)) is 
amended--
            (1) by inserting ``or the Attorney General'' after 
        ``Secretary of Homeland Security''; and
            (2) by striking the language following ``clause (i)'' and 
        inserting ``for humanitarian purposes, to assure family unity, 
        when it is otherwise in the public interest, or in the case of 
        an alien who is applying for or has a claim of relief as a VAWA 
        self-petitioner''.
    (c) Exemption From Public Charge Ground.--
            (1) In general.--Section 212(a)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(4)) is amended by adding at 
        the end the following new subparagraph:
                    ``(E) Special rule for qualified alien victims.--
                Subparagraphs (A) through (C) shall not apply to an 
                alien who is a VAWA self-petitioner, is an applicant or 
                has been granted status under section 101(a)(15)(U), or 
                is a qualified alien described in section 431(c) of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996.''.
            (2) Conforming amendment.--Section 212(a)(4)(C)(i) of such 
        Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:
                            ``(i) the alien is described in 
                        subparagraph (E); or''.
            (3) Effective date.--The amendments made by this section 
        shall take effect on the date of the enactment of this Act and 
        shall apply regardless of whether the alien's application was 
        filed before, on, or after such date.
    (d) Waiver for False Claims to United States Citizenship.--Section 
212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(ii)) is amended--
            (1) by adding at the end the following new subclause:
                                    ``(III) Exception.--An alien who is 
                                a VAWA self-petitioner shall not be 
                                considered to be inadmissible under any 
                                provision of this subsection based on 
                                such representation.''.
            (2) Section 101(f) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(f)) is amended--
                    (A) in the last sentence of this subsection, by 
                striking ``,'' after ``or violation that he or she was 
                a citizen''; and
                    (B) by inserting ``; or the alien is a VAWA self-
                petitioner;'' after ``violation that he or she was a 
                citizen''.
    (e) Waiver for Certain VAWA Self-Petitioners.--Section 212(d)(11) 
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is 
amended by adding at the end the following: ``The Attorney General may 
waive the application of clause (i) of subsection (a)(6)(E) in the case 
of an alien who is a VAWA self-petitioner.''.
    (f) Waiver Authorized.--Section 212(a)(9)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(A)) is amended by adding at the 
end the following new clause:
                            ``(iv) Waiver for vawa self-petitioner.--
                        The Attorney General or the Secretary may waive 
                        the application of clauses (i) or (ii) if the 
                        alien is applying for relief as a VAWA self-
                        petitioner.''.
    (g) Conforming Relief in Suspension of Deportation Parallel to the 
Relief Available in the Violence Against Women Act of 2000 Cancellation 
for Bigamy.--
            (1) In general.--Section 244(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1254a(a)(3)) (as in effect before the 
        title III-A effective date in section 309 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996) 
        shall be applied as if ``or by a United States citizen or 
        lawful permanent resident whom the alien intended to marry, but 
        whose marriage is not legitimate because of that United States 
        citizen's or permanent resident's bigamy'' were inserted after 
        ``by a spouse or parent who is a United States citizen or 
        lawful permanent resident''.
            (2) Effective date.--The provisions of paragraph (1) shall 
        apply as if included in the enactment of the Violence Against 
        Women Act of 2000.
    (h) Application of VAWA Motions To Reopen Rules Crime Victims.--
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the 
REAL ID Act of 2005 (division B of Public Law 109-13), is amended--
            (1) in the first clause by deleting ``and parents--'' and 
        adding ``parents, trafficking victims and crime victims--'';
            (2) by amending subclause (I) to read as follows:
                                    ``(I) if the basis for this motion 
                                is to apply for relief under sections 
                                101(a)(15)(T), 101(a)(15(U), 245(a), 
                                245(c), 245(l), 245(m), 240A(b)(2), and 
                                section 244(a)(3) (as in effect on 
                                March 31, 1997) or as a VAWA self-
                                petitioner;'';
            (3) by amending subclause (II) to read as follows:
                                    ``(II) if the motion is accompanied 
                                by a cancellation of removal or 
                                adjustment of status application to be 
                                filed with the Attorney General or by a 
                                copy of the self-petition, or the 
                                application for relief under 
                                101(a)(15)(T) or (U), that has been or 
                                will be filed with the Department of 
                                Homeland Security upon the granting of 
                                the motion to reopen; and''; and
            (4) in the last paragraph of this section--
                    (A) by inserting ``or an alien who qualifies for 
                classification under 101(a)(15(U)'' after ``Act of 1996 
                (8 U.S.C. 1641(c)(1)(B))''; and
                    (B) by inserting `` or an alien that qualifies for 
                classification under 101(a)(15)(U)''.
    (i) In General.--Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1231) is amended by adding at the end the following new 
subsection:
    ``(h) Any alien with a pending application under 101(a)(15)(T)(i) 
or T(i), 101(a)(15)(U)(i) or (U)(ii), 101(a)(51), 240A(b)(2), or 
244(a)(3) (as in effect on March 31, 1997), shall not be ordered 
removed under this section.''.

SEC. 209. NATURALIZATION.

    (a) In General.--Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1430(a)) is amended to read as follows:
    ``(a)(1) Any person who is--
            ``(A) a spouse of citizen of the United States; or
            ``(B) any person who obtained status as a lawful permanent 
        resident and who was battered or subjected to extreme cruelty 
        by a United States citizen who is or was a spouse, parent, son 
        or daughter; and
    ``(2) may be naturalized--
            ``(A) upon compliance with all the requirement of this 
        title except the provisions of paragraph (1) of section 316(a);
            ``(B) if such person immediately preceding the date of 
        filing his or her application for naturalization has resided 
        continuously, after being lawfully admitted for permanent 
        residence, within the United States for at least three years;
            ``(C)(i) during the three years immediately preceding the 
        date of filing his or her application has been living in 
        marital union with the citizen spouse who has been a United 
        States citizen during all of such period; and
            ``(ii) in the case of a person who has been battered or 
        subjected to extreme cruelty by a United States citizen spouse, 
        parent, son or daughter, the requirement of subsection (C)(i) 
        shall not apply regardless of whether the lawful permanent 
        resident status was obtained on the basis of such battery or 
        cruelty;
            ``(D) has been physically present in the United States for 
        periods totally at least half of the time;
            ``(E)(i) has resided within the State or district of the 
        Services in the United States in which the applicant filed his 
        or her application for at least three months; or
            ``(ii) applications for naturalization filed under 
        paragraph (a)(1)(B) of this section shall be handled under the 
        procedures that apply to aliens seeking relief under section 
        101(a)(51) of the Immigration and Nationality Act; and
            ``(F) the provisions of section 204(a)(1)(J) shall apply in 
        acting on an application under this subsection in the same 
        manner as they apply in acting on petitions referred to in such 
        section.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed before, on, or after the date of 
the enactment of this Act.

SEC. 210. GENERAL PROVISIONS.

    (a) Expansion of Fee Waivers to Consular Fees and Any Fees in 
Removal Proceedings.--Section 245(l)(7) of the Immigration and 
Nationality Act (8 U.S.C. 1255(l)(7)) is amended to insert ``the 
Secretary of State, an immigration judge, and the Board of Immigration 
Appeals'' after ``The Secretary of Homeland Security''.
    (b) Review of Extreme Cruelty.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C 1154(a)(1)) is amended by 
adding at the end the following:
                    ``(M) For the purposes of this section and in all 
                cases described in section 101(a)(51), under section 
                106, under section 240A(b)(2), or under section 
                244(a)(3) (as in effect on March 31, 1997), the 
                determination of the existence of extreme cruelty is a 
                question of law applied ot facts and not a 
                discretionary determination.''.
    (c) Allowing Judicial Review in VAWA Cases.--Section 242(e)(4) of 
the Immigration and Nationality Act (8 U.S.C. 1252(e)(4)) is amended in 
subparagraph (A)--
            (1) by striking ``or'';
            (2) by inserting ``or'' after ``under section 208,''; and
            (3) by adding at the end the following new subsection:
                    ``(C) is a VAWA self-petitioner, an applicant for 
                relief under section 101(a)(15)(T) or (U), an applicant 
                for relief under section 240A(b)(2), or an applicant 
                for relief under section 244(a)(3) (as in effect on 
                March 31, 1997),''.
    (d) VAWA Unit Adjudications.--Section 101(a)(51) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(51)) is amended by adding at the 
end the following new paragraph:
            ``(52) Applications for relief, adjustment of status, 
        employment authorization, parole, deferred action, or 
        naturalization, and all administrative determinations relating 
        to such applications under paragraphs (15)(T), (15)(U), 
        (27)(J), and (51) of this section, or under section 106 shall 
        be adjudicated at the VAWA Unit of Vermont Service Center.''.

SEC. 211. TECHNICAL CORRECTIONS.

    (a) Technical Correction.--Effective as if included in the 
enactment of section 1505(c)(2) of Violence Against Women Act of 2000, 
section 237(a)(1)(H)(i)(II) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(1)(H)(i)(II)) is amended by striking the period at the 
end and inserting ``; or''.
    (b) Additional Technical Correction.--Section 237(a)(7)(A)(i)(I) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is 
amended by striking ``is self-defense'' and inserting ``in self-
defense''.
    (c) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking 
        ``an incident of domestic violence'' and inserting ``battering 
        or extreme cruelty by the United States citizen spouse'';
            (2) in subparagraph (A)(iv), by striking ``an incident of 
        domestic violence'' and inserting ``battering or extreme 
        cruelty by such parent'';
            (3) in subparagraph (A)(vii)(I), as added by section 816 of 
        VAWA-2005, is amended by striking ``related to an incident of 
        domestic violence'' and inserting ``related to battering or 
        extreme cruelty by the United States citizen son or daughter'';
            (4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), by striking 
        ``due to an incident of domestic violence'' and inserting 
        ``related to battering or extreme cruelty by the lawful 
        permanent resident spouse''; and
            (5) in subparagraph (B)(iii), by striking ``due to an 
        incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by such parent''.
    (d) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the Violence Against 
Women Act of 2000, except that the amendment made by subsection (a)(3) 
shall apply as if included in the enactment of VAWA-2005.
    (e) Correction of Cross-Reference to Credible Evidence 
Provisions.--
            (1) VAWA suspension of deportation.--Section 
        309(c)(5)(C)(iii) of the Illegal Immigration and Reform and 
        Immigrant Responsibility Act of 1996 (division C of Public Law 
        104-208; 8 U.S.C. 1101 note), as amended by section 1510(b)(2) 
        of the Violence Against Women Act of 2000, is amended by 
        striking ``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
            (2) Effective date.--The amendments made by this section 
        shall take effect as if included in the enactment of the 
        Violence Against Women Act of 2000.
    (f) Miscellaneous Corrections to VAWA-2005.--
            (1) In general.--Section 204(a)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(D)), is amended by 
        striking ``a petitioner for preference status under paragraph 
        (1), (2), or (3) of section 203(a), whichever paragraph is 
        applicable'' and inserting ``to continue to be treated as an 
        immediate relative under section 201(b)(2)(A)(i), or to be a 
        petitioner for preference status under section 203(a)(3) if 
        subsequently married or a petitioner for preference status 
        under section 203(a)(2)(A), whichever is applicable''.
            (2) Effective date.--The amendments made by subsection (a) 
        shall apply to applications filed before, on, or after the date 
        of the enactment of the Violence Against Women Act of 2000.

                    TITLE III--VAWA CONFIDENTIALITY

SEC. 301. VAWA CONFIDENTIALITY IMPROVMENTS.

    (a) VAWA Confidentiality Moved From IIRAIRA.--
            (1) In general.--The Illegal Immigration Reform and 
        Immigration Responsibility Act of 1996 (division C of Public 
        Law 104-208; 8 U.S.C. 1367(a)) is amended by striking section 
        384.
            (2) Conforming amendment.--Section 239(e)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1229(e)(1)) is 
        amended by striking ``section 384 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
        1367)'' and inserting ``section 245B''.
    (b) Insertion of VAWA Confidentiality in the INA.--The Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after section 245A the following:

``SEC. 245B. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO 
              BATTERED ALIENS.

    ``(a) In General.--Except as provided in subsection (c) of this 
section, enforcement official may not--
            ``(1) make an adverse determination, using information 
        furnished by a VAWA perpetrator, on--
                    ``(A) admissibility of an alien,
                    ``(B) deportability of an alien,
                    ``(C) detention of an alien,
                    ``(D) any application for immigration relief of an 
                alien, or
                    ``(E) whether or not to initiate an enforcement 
                action against an alien,
        unless the alien has been convicted of a crime or crimes listed 
        in section 237; or
            ``(2) permit use by or disclosure to anyone (other than a 
        sworn officer or employee of the Department, or bureau or 
        agency thereof, for legitimate Department, bureau, or agency 
        purposes) of any information which relates to an alien who is 
        the beneficiary of an application for relief under--
                    ``(A) paragraph (15)(T), (15)(U), or (51) of 
                section 101(a);
                    ``(B) section 106;
                    ``(C) section 240A(b)(2);
                    ``(D) section 287(h); or
                    ``(E) section 244(a)(3) (as in effect prior to 
                March 31, 1997).
    ``(b) Duration of Limitation on Disclosure.--Notwithstanding 
section 552 of title 5, United States Code, the limitation under 
paragraph (2) ends when the application for relief is denied and all 
opportunities for appeal of the denial have been exhausted.
    ``(c) Exceptions to Nondisclosure.--
            ``(1) In the same manner as census information.--The 
        Attorney General may provide, in the Attorney General's 
        discretion, for the disclosure of information in the same 
        manner and circumstances as census information may be disclosed 
        by the Secretary of Commerce under section 8 of title 13, 
        United States Code.
            ``(2) For law enforcement purposes.--The Attorney General 
        may provide in the discretion of the Attorney General for the 
        disclosure of information to Federal law enforcement officials 
        to be used solely for a legitimate law enforcement purpose.
            ``(3) For purposes of judicial review.--Subsection (a) of 
        this section shall not be construed as preventing disclosure of 
        information in connection with judicial review of a 
        determination in an immigration case described in subsection 
        (a) of an alien protected by this section in a manner that 
        protects the confidentiality of such information.
            ``(4) In accordance with explicit waiver by victims.--
        Subsection (a)(2) of this section shall not apply if all the 
        battered individuals in the case are adults and they have all 
        waived the restrictions of such subsection.
            ``(5) For purposes of determining eligibility for 
        benefits.--The Attorney General and the Secretary of Homeland 
        Security are authorized to disclose information, to Federal, 
        State, and local public and private agencies providing 
        benefits, to be used solely in making determinations of 
        eligibility for benefits pursuant to section section 431(c) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1641(c)), in a manner that protects the 
        confidentiality of such information.
            ``(6) For purposes of congressional oversight.--Subsection 
        (a) of this section may not be construed to prevent the 
        Attorney General and the Secretary of Homeland Security from 
        disclosing to the chairmen and ranking members of the Committee 
        on the Judiciary of the Senate or the Committee on the 
        Judiciary of the House of Representatives, for the exercise of 
        congressional oversight authority, information on closed cases 
        under this section in a manner that protects the 
        confidentiality of such information and that omits personally 
        identifying information (including locational information about 
        individuals).
            ``(7) For purposes of assisting victims in obtaining 
        services.--Government entities adjudicating applications for 
        relief under subsection (a)(2) of this section, and government 
        personnel carrying out mandated duties under section 101(i)(1), 
        may, with the prior written consent of the alien involved, 
        communicate with nonprofit, nongovernmental victims' service 
        providers for the sole purpose of assisting victims in 
        obtaining victim services from programs with expertise working 
        with immigrant victims. Agencies receiving referrals are bound 
        by the provisions of this section. Nothing in this paragraph 
        shall be construed as affecting the ability of an applicant to 
        designate a safe organization through whom governmental 
        agencies may communicate with the applicant.
    ``(d) Penalties for Violation.--Anyone who knowingly uses, 
publishes, or permits information to be disclosed in violation of this 
section or who knowingly makes a false certification under section 
239(e) shall be subject to appropriate disciplinary action and subject 
to a civil money penalty of not more than $5,000 for each such 
violation.
    ``(e) Guidance.--The Attorney General and the Secretary of Homeland 
Security shall provide guidance to officers and employees of the 
Department of Justice or the Department of Homeland Security who have 
access to information covered by this section regarding the provisions 
of this section, including the provisions to protect victims of 
domestic violence from harm that could result from the inappropriate 
disclosure of covered information.
    ``(f) Requirement To Provide Information About Eligibility for 
Immigration Relief.--When information is furnished by a VAWA 
perpetrator, the Federal, State, or local agency receiving the 
information shall, within 24 hours, provide to the alien to whom the 
information pertains informational materials about eligibility for 
relief under sections 101(a)(51), 101(a)(15)(T), 101(a)(15)(U), 287(h), 
106, 240A(b)(2), 244(a)(3) (as in effect on March 31, 1997) along with 
referrals to local victim services agencies.
    ``(g) Definitions.--In this section:
            ``(1) The term `enforcement officer' means--
                    ``(A) the Attorney General;
                    ``(B) the Secretary of Homeland Security;
                    ``(C) the Secretary of State;
                    ``(D) any other official or employee of the 
                Department of Homeland Security, the Department of 
                Justice, or the Department of State (including any 
                bureau or agency of either of any such Department); or
                    ``(E) any other State or Federal Government officer 
                or employee.
            ``(2) The term `VAWA perpetrator' means, with regard to an 
        alien--
                    ``(A) a spouse, parent, son, or daughter who has 
                battered the alien or subjected the alien to extreme 
                cruelty;
                    ``(B) a member of the family of the spouse, parent, 
                son, or daughter of the alien, who has battered the 
                alien or subjected the alien to extreme cruelty;
                    ``(C) a spouse, parent, son, or daughter of the 
                alien who has battered the alien's child or subjected 
                the alien's child to extreme cruelty (without the 
                active participation of the alien in the battery or 
                extreme cruelty);
                    ``(D) a member of the family of the spouse, parent, 
                son, or daughter of the alien who has battered the 
                alien's child or subjected the alien's child to extreme 
                cruelty when the spouse, parent, son, or daughter 
                consented to or acquiesced in such battery or cruelty 
                and the alien did not actively participate in such 
                battery or cruelty;
                    ``(E) in the case of an alien subjected to criminal 
                activities listed in section 101(a)(15)(U)(iii), or an 
                alien applying for status under section 101(a)(15)(U), 
                the perpetrator of the criminal activity;
                    ``(F) in the case of an alien subjected to a severe 
                form of human trafficking or applying for status--
                            ``(i) under section 101(a)(15)(T),
                            ``(ii) under section 
                        7105(b)(1)(E)(i)(II)(bb) of title 22, United 
                        States Code,
                            ``(iii) under section 244(a)(3) of this Act 
                        (as in effect prior to March 31, 1999), or
                            ``(iv) as a VAWA self-petitioner (as 
                        defined in section 101(a)(51)),
                the trafficker or perpetrator; or
                    ``(G) in the case of an alien who is--
                            ``(i) a VAWA self petitioner (as defined in 
                        section 101(a)(51)), or
                            ``(ii) an alien described in section 106, 
                        240A(b)(2), 287(h), or 244(a)(3) (as in effect 
                        on March 31, 1997),
        a spouse, parent, son or daughter of the alien or a member of 
        the family of such spouse, parent, son or daughter who battered 
        the alien (or the alien's child) or subjected the alien (or the 
        alien's child) to battering or extreme cruelty.''.
    (c) VAWA Confidentiality in Removal Proceedings.--Section 239(e) of 
the Immigration and Nationality Act (8 U.S.C. 1229(e)) is amended--
            (1) in paragraph (1), by inserting after ``an alien at'' 
        the following: ``or within 500 yards of''; and
            (2) in paragraph (2)(A), by inserting after ``supervised 
        visitation center'' the following: ``hospital, Federally 
        qualified health center, governmental and nongovernmental 
        child, elder and adult protective services agency, school and 
        head start program, religious or faith-based organization''.
    (d) Expansion of Definition of VAWA Self-Petitioner.--Section 
101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(51)) is amended--
            (1) in subparagraph (F), by striking ``or'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting the following: ``;''; and
            (3) by adding at the end the following:
                    ``(H) section 106; and
                    ``(I) special immigrant juveniles described in 
                section 287(h).''.
    (e) Additional Requirements for Section 287(g) Agreements.--Section 
287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is 
amended by adding at the end the following:
            ``(11)(A) All agreements (new or renewed) under this 
        subsection executed by the Attorney General after the date of 
        enactment of this subparagraph shall require that an officer or 
        employee of a State or political subdivision of a State 
        performing a function under the agreement shall, as a term of 
        the agreement--
                    ``(i) comply with policies, procedures and 
                practices established by that State or subdivision that 
                are publicized in the jurisdictions the officer or 
                employee serves;
                    ``(ii) issue certifications for non-citizen victims 
                under section 101(a)(15)(U); and
                    ``(iii) comply with and not violate the 
                requirements of section 245B in the same manner and 
                subject to the same sanctions as an employee of the 
                Department of Homeland Security.
            ``(B) Not later than 180 days after entering into an 
        agreement under this subsection, and annually thereafter, the 
        State or subdivision shall report to the Department of Homeland 
        Security the following--
                    ``(i) the number of requests for certification 
                under section 101(a)(15)(U);
                    ``(ii) the number of U-visa certifications issued;
                    ``(iii) the number of T-visa endorsements requests 
                received; and
                    ``(iv) the number of T-visa certifications issued.
            ``(C) The Secretary of Homeland Security shall submit an 
        annual report to Congress listing the name of each State or 
        subdivision and the information provided under subparagraph 
        (B).''.

                    TITLE IV--TRAINING IMPROVEMENTS

SEC. 401. TRAINING.

    (a) Training of Immigration Judges in the Executive Office of 
Immigration Review.--Personnel of the Department of Homeland Security, 
the Department of Justice and the State Department who are in a 
position to come in contact with alien victims of crime shall be 
trained in identifying, making determinations regarding and providing 
for the protection of crime victims who have or may be eligible to 
apply for relief under Immigration and Nationality Act sections 
101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) 
(as in effect on March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 710). 
Trainings developed under this paragraph shall include information on 
the range of forms of immigration relief available to help immigrant 
crime victims and the requirements of VAWA confidentiality 384 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1367). Officials to receive ongoing training include but are not 
limited to--
            (1) Department of Justice--
                    (A) immigration judges;
                    (B) the Board of Immigration Appeals; and
                    (C) officials responsible for investigating, 
                prosecuting and adjudicating VAWA confidentiality 
                violations of section 384 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1367);
            (2) Department of Homeland Security--
                    (A) the Administrative Appeals Unit employees;
                    (B) VAWA Unit employees;
                    (C) officials responsible for investigating, 
                prosecuting and adjudicating VAWA confidentiality 
                violations of section 384 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1367);
                    (D) personnel involved in immigration enforcement 
                at Immigration and Customs Enforcement and Customs and 
                Border Patrol;
                    (E) Immigration and Customs Enforcement trial 
                attorneys; and
                    (F) all personnel involved in managing or 
                supervising the VAWA Unit or ICE trial attorneys; and
            (3) Department of State--
                    (A) consular officials; and
                    (B) officials responsible for coordination of State 
                Department efforts regarding application for relief 
                under Immigration and Nationality Act sections 
                101(a)(15)(T), 101(a)(15)(U), 101(a)(51), 106, 
                240A(b)(2), 244(a)(3) (as in effect on March 31, 1999) 
                or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                Victims Protection Act of 2000 (22 U.S.C. 710).
    (b) Any training program conducted in satisfaction of the 
requirement of paragraph (a) has been or will be developed with input 
from and in collaboration nonprofit, nongovernmental experts with 
experience working with immigrant victims of domestic violence, sexual 
assault, or human trafficking.
    (c) Within 180 days after the effective date of this act, the 
Secretary of the Department of Homeland Security, the Attorney General, 
and the Department of State shall in consultation with the Office of 
Policy and Strategy of U.S. Citizenship and Immigration Services shall 
establish program for ongoing training described in paragraph (a) and 
shall craft and implement policies and protocols on the appropriate 
handling of cases involving victims described in or who have filed 
cases under Immigration and Nationality Act sections 101(a)(15)(T), 
101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on 
March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the Trafficking 
Victims 14 Protection Act of 2000 (22 U.S.C. 710). All policies and 
procedures developed pursuant to this section shall be made publically 
available and posted on the DHS website.
    (d) Accredited Representative-Victim Client Privilege.--
            (1) Extending state victim-advocate privilege laws to 
        accredited representatives.--It is the Sense of Congress that 
        all States should promulgate victim-advocate privilege laws and 
        that State victim-advocate privilege laws should be implemented 
        in a manner that extends victim-advocate privilege to 
        accredited representatives working for community-based 
        organizations recognized by the Board of Immigration Appeals in 
        the representation of victims in cases filed with the 
        Department of Homeland Security, the Board of Immigration 
        Appeals or immigration judges.
            (2) Regulations amended to offer accredited representative 
        privilege.--Within 180 days of enactment, the Board of 
        Immigration Appeals shall amend 8 C.F.R. 292.1(a)(4) to extend 
        privilege co-extensive with attorney client privilege to 
        accredited representatives and qualified recognized 
        organizations to whom the Board of Immigration Appeals has 
        provided recognition or accreditation.

SEC. 402. SERVICES FOR TRAFFICKING VICTIMS.

    (a) Access to Victim's Services.--
            (1) Subsection 107(c) of the Trafficking Victims Protection 
        Act of 2000 is amended--
                    (A) by deleting paragraph (2) and replacing it with 
                the following new paragraph:
            ``(2) Access to information and services.--Victims and 
        potential victims of severe forms of trafficking shall have 
        access to information about their legal rights and shall be 
        provided translation services. A list of victim services 
        agencies shall be provided within 24 hours of discovery of a 
        potential victim. Potential victims shall not be placed in any 
        local, State, or Federal jail or detention facility unless it 
        has clearly been ascertained that an individual is not a victim 
        of a severe form of trafficking in persons.''.
                    (B) in paragraph (3) by deleting ``Federal law 
                enforcement officials'' and inserting ``Any Federal and 
                local law enforcement agents authorized to investigate 
                trafficking in persons crimes''.
            (2) Section 103 of the trafficking victims protection act 
        of 2000 is amended by adding at the end the following new 
        subsection:
            ``(15) the term `victim services' means a nonprofit, 
        nongovernmental organization that assists trafficking victims, 
        including trafficking, battered women and sexual assault crisis 
        centers, trafficking and battered women's shelters, and other 
        trafficking, sexual assault or domestic violence programs, 
        including nonprofit, nongovernmental organizations assisting 
        trafficking victims through the legal process.''.
            (3) Effective date.--The amendments made by this section 
        shall take effect on the date of the enactment of this Act.
    (b) Conforming Amendments for Public and Assisted Housing.--Section 
214 of the Housing and Community Development Act of 1980 (42 U.S.C. 
1436a) is amended--
            (1) by amending subsection (a) to read as such subsection 
        would have read if the amendments to such subsection made by 
        section 3(b) of Public Law 106-504 were made to such subsection 
        rather than to section 214(a) of the Housing Community 
        Development Act of 1980;
            (2) in subsection (a), as amended by paragraph (1) of this 
        subsection--
                    (A) in paragraph (6), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) a qualified alien, as such term is defined in section 
        431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641); or''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``(6)'' and 
                inserting ``(8)''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by inserting ``(other than a qualified 
                alien, as such term is defined in section 431 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641)'' after 
                ``any alien''.
    (c) Improving Access to Benefits for Immigrant Victims.--
            (1) In general.--The Secretary of Health and Human 
        Services, in consultation with the Secretary of Housing and 
        Urban Development and Secretary of Department of Agriculture 
        and the and Secretary of the Department of Education, shall 
        develop an information pamphlet, as described in paragraph (2), 
        on legal rights for immigrant victims to access public benefits 
        and distribute and make such pamphlet available as described in 
        paragraph (5). In preparing such materials, the Secretary of 
        Health and Human Services shall consult with nongovernmental 
        organizations with expertise on the legal rights to public 
        benefits access for immigrant victims of battery, extreme 
        cruelty, sexual assault, and other crimes.
            (2) Information pamphlet.--The information pamphlet 
        developed under paragraph (1) shall include information on the 
        following:
                    (A) Definition of Qualified Immigrants eligible for 
                Federal public benefits.
                    (B) Housing rights of qualified immigrant.
                    (C) Federal- and State-funded housing programs open 
                to all immigrants including emergency shelter and 
                transitional housing for up to two years.
                    (D) Qualified immigrant access to post-secondary 
                financial aid, grants and loans.
                    (E) Qualified immigrant access to Federal means 
                tested public benefits including access to--
                            (i) Medicaid;
                            (ii) Medicaid and SCHIP for qualified 
                        immigrant children and pregnant women;
                            (iii) food stamps;
                            (iv) food stamps for qualified immigrant 
                        children;
                            (v) SSI;
                            (vi) TANF;
                            (vii) child care; and
                            (viii) foster care/adoption assistance, 
                        child support services.
                    (F) Legal rights of immigrants to access programs, 
                resources and services that are--
                            (i) necessary to protect life and safety;
                            (ii) medical assistance under title XIX of 
                        the Social Security Act;
                            (iii) short-term, non-cash, in-kind 
                        emergency disaster relief;
                            (iv) public health assistance for 
                        immunizations and treatment for symptoms of 
                        communicable diseases;
                            (v) programs for housing or community 
                        development assistance or financial assistance 
                        administered by the secretary of HUD;
                            (vi) HHS HRSA funded health care programs; 
                        and
                            (vii) State-funded benefits.
                    (G) Resources through which victims can obtain 
                referrals to programs in their community and/or State 
                that provide advocacy, social services, legal services 
                and other supportive services to immigrant victims of 
                domestic violence, sexual assault, human trafficking, 
                elder abuse or crime victims.
            (3) Translation.--In order to best serve the language 
        groups having the greatest concentration of immigrants seeking 
        public benefits, the information pamphlet developed under 
        paragraph (1) shall, subject to subparagraph (B), be translated 
        by the Secretary of Health and Human Services into foreign 
        languages that at a minimum include the top 15 languages of 
        legal permanent residents and shall be responsible for 
        reviewing these languages every 5 years and adding additional 
        languages accordingly such other languages as the Secretary of 
        State, in the Secretary's discretion, may specify.
            (4) Availability and distribution.--The information 
        pamphlet developed under paragraph (1) shall be made available 
        and distributed as follows:
                    (A) The Federal agencies described in subparagraph 
                (C) shall distribute the pamphlet developed under 
                subparagraph (1) to all--
                            (i) agency grantees;
                            (ii) State agencies responsible for 
                        granting Federal public benefits; and
                            (iii) public housing authorities.
                    (B) Posting on federal websites.--The pamphlet 
                developed under paragraph (1) shall be accessibly 
                posted on the Websites of each of the Federal 
                Government agencies listed in subparagraph (C).
                    (C) Responsible federal agencies.--
                            (i) Department of Health and Human 
                        Services;
                            (ii) Department of Agriculture;
                            (iii) Department of Housing and Urban 
                        Development;
                            (iv) Department of Education; and
                            (v) Department of Homeland Security.
            (5) Deadline for pamphlet development and distribution.--
        The pamphlet developed under paragraph (1) shall be distributed 
        and made available (including in the languages specified under 
        paragraph (4)) not later than 180 days after the date of the 
        enactment of this Act.
    (d) Effective Date.--The amendments made by this section apply to 
applications for public benefits and public benefits provided on or 
after the date of the enactment of this Act without regard to whether 
regulations to carry out such amendments are implemented.

SEC. 403. ENCOURAGING CUSTODY DETERMINATIONS AND VAWA CONFIDENTIALITY 
              PROTECTIONS IN STATE COURTS.

    Subtitle J of title IV of the Violence Against Women Act of 1994 
(42 U.S.C. 14043 et seq.) is amended--
            (1) in paragraph (2) of section 41002, by inserting 
        ``(including under 8 U.S.C. 1367), U-visa certification under 
        the Immigration and Nationality Act Section 214(p),'' after 
        ``confidentiality''; and
            (2) in section 41003--
                    (A) in paragraph (2)(B), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (C), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) Priority should given to applicans in which the 
        grantee's trainings and organizational policies, practices, 
        procedures, and rules encourage judges issuing protection 
        orders to include child custody provisions in the protection 
        order when the parties before the court have a child in 
        common.''.

SEC. 404. IMPROVING LANGUAGE ACCESS TO SERVICES PROVIDED UNDER THE 
              VIOLENCE AGAINST WOMEN'S ACT OF 1994 FOR PERSONS WITH 
              LIMITED ENGLISH PROFICIENCY.

    (a) Goals.--
            (1) To improve access to programs, activities, and services 
        for victims of violence and other individuals who, as a result 
        of national origin, are limited in their English proficiency.
            (2) To ensure that the programs, activities, and services 
        for victims of violence that are normally provided in English 
        are accessible to victims and other individuals with Limited 
        English Proficiency and thus do not discriminate on the basis 
        of national origin in violation of title VI of the Civil Rights 
        Act of 1964, as amended, and its implementing regulations.
            (3) To confirm that violation of language access rights for 
        Limited English Proficient individuals is a violation of the 
        protections against discrimination based on national origin 
        protected by the Civil Rights Act of 1964.
            (4) To restore the right of Limited English Proficient 
        individuals to a private right of action to enforce all Title 
        VI protection including disparate impact protections.
            (5) To provide a statutory definition of ``limited English 
        proficient'' that is consistent with the definition set forth 
        by the DOJ LEP Guidance, 67 Fed. Reg. 41455, 41459 (June 18, 
        2002).
    (b) Definition.--Limited English Proficient--
            (1) ``Limited English Proficient'' means individuals who--
                    (A) who do not speak English as their primary 
                language; and
                    (B) who have a limited ability to
                            (i) read;
                            (ii) write;
                            (iii) speak; or
                            (iv) understand English.
            (2) If an individual described in subsection (A) meets any 
        one of the requirements of subsections (B)(i), B(ii), B(iii), 
        or B(iv) the individual is limited English proficient without 
        regard to the fact that the individual may speak some English.
    (c) Enforcement With Regard to Government Entities.--
            (1) Civil actions for injunctive relief.--
                    (A) Victims aggrieved; intervention by attorney 
                general; legal representation; commencement of action 
                without payment of fees, costs, or security.--Whenever 
                there are reasonable grounds to believe that a Federal, 
                State or local government entity has denied a person 
                access to programs, activities, or services on the 
                basis of their limited English Proficiency and in 
                violation of title VI of the Civil Rights Act of 1964, 
                a civil action for preventive relief, including an 
                application for a permanent or temporary injunction, 
                restraining order, or other order, may be instituted by 
                the person aggrieved and, upon timely application, the 
                Attorney General may intervene in such civil action. 
                Upon application by the complainant and in such 
                circumstances as the court may deem just, the court may 
                appoint an attorney for such complainant and may 
                authorize the commencement of the civil action without 
                the payment of fees, costs, or security.
                    (B) Attorney's fees; liability of united states for 
                costs.--In any action commenced pursuant to this 
                subchapter, the court, in its discretion, may allow the 
                prevailing party, other than the United States, a 
                reasonable attorney's fee as part of the costs, and the 
                United States shall be liable for costs the same as a 
                private person.
                    (C) State or local enforcement proceedings; 
                notification of state or local authority; stay of 
                federal proceedings.--In the case of an alleged act or 
                practice prohibited by this subchapter which occurs in 
                a State, or political subdivision of a State, no civil 
                action may be brought under subsection (a) of this 
                section before the expiration of thirty days after 
                written notice of such alleged act or practice has been 
                given to the appropriate State or local authority by 
                registered mail or in person, provided that the court 
                may stay proceedings in such civil action pending the 
                termination of State or local enforcement proceedings.
                    (D)(i) Civil rights act of 1964.--Section 601 of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
                amended--
                                    (I) by striking ``No'' and 
                                inserting ``(a) No''; and
                                    (II) by adding at the end the 
                                following:
    ``(b)(1)(A) Discrimination (including exclusion from participation 
and denial of benefits) based on disparate impact is established under 
this title only if--
                    ``(i) a person aggrieved by discrimination on the 
                basis of race, color, or national origin (referred to 
                in this title as an `aggrieved person') demonstrates 
                that an entity subject to this title (referred to in 
                this title as a `covered entity') has a policy or 
                practice that causes a disparate impact on the basis of 
                race, color, or national origin and the covered entity 
                fails to demonstrate that the challenged policy or 
                practice is related to and necessary to achieve the 
                nondiscriminatory goals of the program or activity 
                alleged to have been operated in a discriminatory 
                manner; or
                    ``(ii) the aggrieved person demonstrates 
                (consistent with the demonstration required under title 
                VII with respect to an `alternative employment 
                practice') that a less discriminatory alternative 
                policy or practice exists, and the covered entity 
                refuses to adopt such alternative policy or 
                practice.''.
            (2) Civil actions by the attorney general.--
                    (A) Complaint.--Whenever the Attorney General has 
                reasonable cause to believe that a Federal, State or 
                local government entity or any employee or group of 
                employees is engaged in a pattern or practice of 
                denying access to programs, activities, or services 
                provided to victims under the Violence Against Women's 
                Act of 1994 or under any other State or Federal law, on 
                the basis of their limited English Proficiency and in 
                violation of title VI of the Civil Rights Act of 1964, 
                and that the pattern or practice is of such a nature 
                and is intended to deny access to programs, activities, 
                or services provided to victims on the basis of their 
                limited English Proficiency and in violation of title 
                VI of the Civil Rights Act of 1964, the Attorney 
                General may bring a civil action in the appropriate 
                district court of the United States by filing with it a 
                complaint--
                            (i) signed by the Attorney General (or in 
                        the Attorney General's absence the Acting 
                        Attorney General);
                            (ii) setting forth facts pertaining to such 
                        pattern or practice; and
                            (iii) requesting such relief, including an 
                        application for a permanent or temporary 
                        injunction, restraining order or other order 
                        against the person or persons responsible for 
                        such pattern or practice, as he deems necessary 
                        to insure the full availability of programs, 
                        activities, and services provided under the to 
                        limited English proficient victims.
                    (B) In order to ensure full enforcement under this 
                section, the provisions of this section do not limit 
                the ability of the Attorney General to use existing 
                authority to bring litigation and to enforce Title VI 
                by any another other means available to him or her 
                under the law.
            (3) Jurisdiction; three-judge district court for cases of 
        general public importance: hearing, determination, expedition 
        of action, review by supreme court; single judge district 
        court: hearing, determination, expedition of action.--
                    (A) The district courts of the United States shall 
                have and shall exercise jurisdiction in proceedings 
                instituted pursuant to this section, and in any such 
                proceeding the Attorney General may file with the clerk 
                of such court a request that a court of three judges be 
                convened to hear and determine the case. Such request 
                by the Attorney General shall be accompanied by a 
                certificate that, in his opinion, the case is of 
                general public importance. A copy of the certificate 
                and request for a three-judge court shall be 
                immediately furnished by such clerk to the chief judge 
                of the circuit (or in his absence, the presiding 
                circuit judge of the circuit) in which the case is 
                pending. Upon receipt of such request it shall be the 
                duty of the chief judge of the circuit or the presiding 
                circuit judge, as the case may be, to designate 
                immediately three judges in such circuit, of whom at 
                least one shall be a circuit judge and another of whom 
                shall be a district judge of the court in which the 
                proceeding was instituted, to hear and determine such 
                case, and it shall be the duty of the judges so 
                designated to assign the case for hearing at the 
                earliest practicable date, to participate in the 
                hearing and determination thereof, and to cause the 
                case to be in every way expedited. An appeal from the 
                final judgment of such court will lie to the Supreme 
                Court.
                    (B) If no three-judge panel has been requested, the 
                handling of the case shall be expedited. It shall be 
                the duty of the chief judge of the district (or in his 
                absence, the acting chief judge) in which the case is 
                pending to immediately designate a judge in such 
                district to hear and determine the case. In the event 
                that no judge in the district is available to hear and 
                determine the case, the chief judge of the district, or 
                the acting chief judge, as the case may be, shall 
                certify this fact to the chief judge of the circuit (or 
                in his absence, the acting chief judge) who shall then 
                designate a district or circuit judge of the circuit to 
                hear and determine the case. It shall be the duty of 
                the judge designated pursuant to this section to assign 
                the case for hearing at the earliest practicable date 
                and to cause the case to be in every way expedited.
    (d) Enforcement With Regard to Governmental and Non-Governmental 
Entities.--
            (1) Language access plans required--
                    (A) all recipients of Federal grant funding shall 
                provide a copy of the agency's language access plan to 
                the Federal agency that provided their grant no later 
                than one year after receipt of funding; and
                    (B) a copy of the agencies language access plan 
                shall be submitted as an attachment along with the 
                first grant report due to the Federal grant maker 
                falling after the date of the six-month anniversary of 
                the grant award.
            (2) Language access plan must address at a minimum the 
        following:
                    (A) The types of language services available.
                    (B) How staff can obtain those services.
                    (C) How to respond to LEP callers.
                    (D) How to respond to written communications from 
                LEP individuals.
                    (E) How to respond to LEP individuals who have in-
                person contact with recipient staff.
                    (F) How to ensure competency of interpreter and 
                translation services.
                    (G) How staff will receive training on the 
                requirements of the policy.
                    (H) How the agency provides outreach and notice of 
                the language services available.
                    (I) How to respond to complaints by LEP 
                individuals.
                    (J) How the plan will be monitored and updated.
            (3) Revocation of funding.--
                    (A) Whenever the Department of Justice (DOJ) or the 
                Department of Health and Human Services (HHS) has 
                reasonable cause to believe that any grant recipient is 
                engaged in a pattern or practice of denying access to 
                programs, activities, or services provided to victims 
                on the basis of their limited English Proficiency and 
                in violation of title VI of the Civil Rights Act of 
                1964, the DOJ or HHS shall require the grant recipient 
                to prepare a plan demonstrating how it to improve 
                access to its government-funded programs, activities, 
                and services for victims with limited English 
                Proficiency. Each plan shall include the steps the 
                grant recipient will take to ensure that eligible 
                limited English Proficiency persons can meaningfully 
                access the grantee's programs, activities, and 
                services. If such a grantee fails to develop an 
                acceptable plan with 120 days of the request, the DOJ 
                or HHS may revoke that grantee's funding.
                    (B) The requirement provided by subsection (1) are 
                in addition to the requirements set forth in 42 U.S.C. 
                2000d-1.
            (4) All recipients and subrecipients of Federal grants 
        shall comply with Title VI of the Civil Rights Act of 1964 
        (prohibiting race, color, and national origin discrimination 
        including language access for limited English proficient 
        persons and for persons without regard to their alienage 
        status.
    (e) Nondiscrimination.--All relief and assistance activities, 
including justice system assistance and immigration relief, offered to 
victims of domestic violence, sexual assault, dating violence, 
stalking, elder abuse and human trafficking shall be accomplished in an 
equitable and impartial manner, without discrimination on the grounds 
of race, ethnicity, or, religion, nationality, sex, age, disability, 
English proficiency, alienage status, or economic status.
    (f) Interpreters for Court Proceedings Under This Section.--
            (1) Civil actions.--In any civil action brought pursuant to 
        this section, the court shall be required to provide a foreign 
        language interpreter.
            (2) Conforming amendments.--The Court Interpreters Act of 
        1978, 28 U.S.C. 1827 is amended by adding at the end the 
        following: ``Interpreters shall be provided in court 
        proceedings brought to enforce section 404 of the Violence 
        Against Women Act of 2011 for civil actions brought by an 
        individual or the United States.''.

                      TITLE V--ACCESS TO SERVICES

SEC. 501. ENSURING ISSUANCE OF U- AND T-VISA CERTIFICATIONS AND ACCESS 
              TO SERVICES.

    (a) Grant Conditions.--Section 40002 of the Violence Against Women 
Act of 1994 (42 U.S.C. 13925) is amended in subsection (b) by adding at 
the end the following:
            ``(12) Civil rights.--
                    ``(A) Nondiscrimination.--No person in the United 
                States shall on the basis of actual or perceived race, 
                color, religion, national origin, alienage status, sex, 
                gender identity (as defined in paragraph 249(c)(4) of 
                title 18, United States Code), sexual orientation, age, 
                or disability be excluded from participation in, be 
                denied the benefits of, or be subjected to 
                discrimination under any program or activity funded in 
                whole or in part with funds made available under the 
                Violence Against Women Act of 1994 (title IV of Public 
                Law 103-322; 108 Stat. 1902), the Violence Against 
                Women Act of 2000 (division B of Public Law 106-386; 
                114 Stat. 1491), the Violence Against Women and 
                Department of Justice Reauthorization Act of 2005 
                (title IX of Public Law 109-162; 119 Stat. 3080), the 
                Violence Against Women Reauthorization Act of 2011, and 
                any other program or activity funded in whole or in 
                part with funds appropriated for grants, cooperative 
                agreements, and other assistance administered by the 
                Office on Violence Against Women.
                    ``(B) Exception.--If gender segregation or gender-
                specific programming is necessary to the essential 
                operation of a program, nothing in this paragraph shall 
                prevent any such program or activity from consideration 
                of an individual's gender. In such circumstances, 
                alternative reasonable accommodations are sufficient to 
                meet the requirements of this paragraph.
                    ``(C) Discrimination.--The provisions of paragraphs 
                (2) through (4) of section 809(c) of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 
                3789d(c)) apply to violations of subparagraph (A).
                    ``(D) Construction.--Nothing contained in this 
                paragraph shall be construed, interpreted, or applied 
                to supplant, displace, preempt, or otherwise diminish 
                the responsibilities and liabilities under other State 
                or Federal civil rights law, whether statutory or 
                common.
            ``(13) Compliance with title vi of the civil rights act of 
        1964.--An entity applying for funding under this title shall 
        certify to the Office on Violence Against Women that the entity 
        will comply with their obligations under Title VI of the Civil 
        Rights Act of 1964, including taking reasonable steps to ensure 
        meaningful access to its programs and activities by persons who 
        are limited in their English proficiency, in order to avoid 
        discrimination on the basis of national origin.
            ``(14) Content of applications.--All grant applications 
        submitted for funding shall contain documentation in the text 
        of the grant application and a line item in the budget that 
        provides for language access to the services being provided or 
        documentation about local demographics justifying why the 
        budget does not address language access.''.
    (b) STOP Grants.--
            (1) Development of training.--Section 2001(b) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg(b)) is amended--
                    (A) in paragraph (13), by striking ``and'' at the 
                end of subparagraph (D);
                    (B) in paragraph (14), by striking the period at 
                the end of subparagraph (C) and inserting ``; and''; 
                and
                    (C) by adding after paragraph (14) the following 
                new paragraph:
            ``(15) the development and implementation of procedures, 
        policies, or protocols and training within courts, prosecutors' 
        offices, and law enforcement agencies to ensure that agency 
        personnel have received training on and are not encouraging, 
        promoting or facilitating the violation of Section 384 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1367) and that agencies receiving funding are 
        issuing certifications in U-visa and T-visa cases for victims 
        applying for relief under Section 101(a)(15)(T) and (U) of 
        Immigration and Nationality Act.''.
            (2) Funding priority.--Section 2001(d) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) is 
        amended by inserting at the end the following:
            ``(5) Priority in funding shall be given to programs whose 
        applications demonstrate that the applicant has or is willing 
        to implement within 6 month after receipt of funding protocols, 
        policies, or practices that--
                    ``(A) ensure compliance with Title VI of the Civil 
                Rights Act of 1964 and Executive Order 13166;
                    ``(B) ensure that the agency does not violate, 
                facilitate or encourage the violation of VAWA 
                confidentiality as defined in section 387 of the 
                Immigration and Nationality Act (8 U.S.C. 1367); and
                    ``(C) result in the agency issuing certifications 
                for noncitizen victims applying for relief under 
                sections 101(a)(15)(U) or 101(a)(15)(T) of the 
                Immigration and Nationality Act if the applicant agency 
                is eligible to sign certifications in T- or U-visa 
                cases.''.
    (c) Grants To Encourage Arrest Policies.--
            (1) Grant authority.--Section 2101(b) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is 
        amended by adding at the end the following:
            ``(14) To develop or strengthen policies, protocols and 
        training for law enforcement, prosecutors, and the judiciary in 
        recognizing, detecting, investigating, and prosecuting 
        instances of domestic violence, dating violence, sexual 
        assault, and stalking against immigrant victims, including the 
        appropriate use of T and U visas (8 U.S.C. 1101(a)(15) (T) and 
        (U)) and providing training on and are not encouraging, 
        promoting or facilitating the violation of Section 384 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1367).
            ``(15) To develop or strengthen policies, protocols, and 
        training for law enforcement, prosecutors and the judiciary on 
        language access under Executive Order No. 13166 65 Fed. Reg. 
        50, 121 (Aug. 16, 2000).''.
            (2) Eligibility.--Section 2101(c) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)) is 
        amended--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) Priority in funding shall be given to programs whose 
        applications demonstrate that the applicant has or is willing 
        to implement within 6 months after receipt of funding 
        protocols, policies, or practices that--
                    ``(A) ensure compliance with Title VI of the Civil 
                Rights Act of 1964 and Executive Order 13166;
                    ``(B) ensure that the agency does not violate, 
                facilitate or encourage the violation of VAWA 
                confidentiality as defined in section 387 of the 
                Immigration and Nationality Act (8 U.S.C. 1367); and
                    ``(C) result in the agency issuing certifications 
                for noncitizen victims applying for relief under 
                sections 101(a)(15)(U) or 101(a)(15)(T) of the 
                Immigration and Nationality Act if the applicant agency 
                is eligible to sign certifications in T- or U-visa 
                cases.''.
    (d) Transitional Housing Assistance Grants.--Section 40299 of the 
Violence Against Women Act of 1994 (42 U.S.C. 13975) is amended in 
subsection (d)(2)(B) by--
            (1) inserting ``-- (i)'' after ``provide assurances that''; 
        and
            (2) adding at the end the following:
                            ``(ii) applicants are able to prove 
                        eligibility for the housing program funded 
                        under this grant using any credible evidence 
                        (as defined in section 204(a)(1)(J) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1154(a)(1)(J))); and
                            ``(iii) the program serves underserved 
                        victims and is compliant with title VI of the 
                        Civil Rights Act of 1964, and Executive Order 
                        13166 (65 Fed. Reg. 50, 121).''.
    (e) Campus Grants Available for Victims With Limited English 
Proficiency.--Section 304 of the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
            (1) in subsection (b)(4), by inserting ``and language 
        access to such services'' after ``physiological counseling,'';
            (2) in subsection (c)(2)(C), by inserting ``proportion, 
        demographics, and language needs of international students,'' 
        after ``demographics of the population,''; and
            (3) in subsection (d)(1), by inserting ``translation,'' 
        after ``technical,''.

SEC. 502. VAWA UNIT ADJUDICATIONS.

    (a) Transfer of All VAWA Confidentiality and VAWA-Related Cases to 
the VAWA Unit.--Section 101(a) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)) is amended by adding at the end the following new 
subsection:
            ``(52) Applications under sections 101(a)(51), 
        101(a)(15)(T), 101(a)(15)(U), 106, section 216(c)(4), and 
        parole for children of VAWA cancellation recipients and the 
        full range of adjudications related to such cases including 
        adjustments, work authorizations, parole, fax-back benefits 
        authorizations, employment verification, and naturalization, 
        for applicants and derivative beneficiaries shall be 
        adjudicated at the VAWA Unit of Vermont Service Center.''.
    (b) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to the 
        Secretary of Homeland Security such sums as may be necessary to 
        provide for the Violence Against Women Act Unit at the Vermont 
        Service Center of the United States Citizenship and Immigration 
        Services which shall be responsible for processing consistent 
        with VAWA confidentiality requirements the full range of 
        adjudications, adjustments, work authorizations, parole, fax-
        back benefits and employment verification, and naturalization, 
        for applicants and derivative beneficiaries related to VAWA 
        self-petitions (INA section 101(a)(51); T visas (INA section 
        101(a)(15)(T), U visas (INA section 101(a)(15)(U); battered 
        spouse waivers (INA section 216(c)(4)); abused immigrant work 
        authorizations (INA section 106) and parole for children of 
        VAWA cancellation recipients (Public Law 103-222, reauthorized 
        Public Laws 106-326, 108-193; 109-162; 109-164) and any other 
        VAWA confidentiality protected matters. Nothing in this section 
        shall preclude DHS placement at the VAWA Unit of other victim 
        related adjudications. Subject the authority of immigration 
        judges adjudicate adjustment of status applications from aliens 
        in proceedings who have been granted VAWA self-petition, T 
        visas or U visas, no official in the Department of Homeland 
        Security or the Department of Justice is authorized to 
        adjudicate any matter related that is directed by this section 
        to be determined by the VAWA Unit.
            (2) The Department of Homeland Security shall include in 
        its budget each year a specific line item describing funding 
        included to support the VAWA Unit.

SEC. 503. VICTIMS OF CRIME ACT IMPROVEMENTS.

    (a) Crime Victim Compensation.--Section 1403(b)(4) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10602(b)(4)) is amended by inserting 
``or non-citizens of the United States'' after ``nonresidents of the 
State''.
    (b) Crime Victim Assistance.--Section 1404 of the Victims of Crime 
Act of 1984 (42 U.S.C. 10603) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by striking ``spousal 
                abuse,'' and inserting `` domestic violence, dating 
                violence, stalking, elder abuse,'';
                    (B) in subparagraph (B), by inserting ``(i) are 
                based on the definition of `underserved populations' as 
                defined in section 40002(a) of the Violence Against 
                Women Act of 1994 (42 U.S.C. 13925(a)), and (ii)'' 
                after ``implement this section that'';
                    (C) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (D) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) ensure that programs receiving funds are open 
                to crime victims on a non-discriminatory basis without 
                regard to language proficiency or alienage status.'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (E), by striking ``and'' after 
                the semicolon;
                    (B) by moving subparagraph (F) two ems to the left, 
                and by striking the period at the end of such 
                subparagraph and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(G) does not discriminate against, and offers 
                services and assistance to, victims who do not 
                unreasonably refuse to provide assistance in a criminal 
                investigation or prosecution. For purposes of this 
                paragraph the definition of `do not unreasonably refuse 
                to provide assistance' shall be the same as the used 
                under section 245(m) of the Immigration and Nationality 
                Act (8 U.S.C. 1255(m)).'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (C), by striking ``victim 
                service organizations'' and all that follows and 
                inserting ``victim service organizations, legal 
                services programs, and coalitions to improve outreach 
                and services to victims of crime, including immigrant, 
                limited English proficient, and underserved victims; 
                and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) for improving language access to victim 
                services and the civil, criminal, immigration, and 
                family justice systems.''; and
            (4) in subsection (d)--
                    (A) in paragraph (2), by amending subparagraph (C) 
                to read as follows:
                    ``(C) assistance in participating in criminal, 
                civil, family, and immigration justice system 
                proceedings relating to prevention of, obtaining relief 
                from, escaping, ameliorating the effects of, or 
                offering future protection against, victimization; 
                and''; and
                    (B) in paragraph (4), by inserting ``, and 
                assistance to crime victims in obtaining protection 
                orders and in obtaining immigration relief'' after ``of 
                crime''.

SEC. 504. RESEARCH ON VIOLENCE AGAINST WOMEN.

    (a) In General.--Each of the research grant programs listed in 
subsection (b) shall include as a purpose and permitted use of Federal 
funding research--
            (1) on victimization by domestic violence, sexual assault, 
        stalking, dating violence and elder abuse including dynamics;
            (2) intervention, impact, prevention, and effectiveness 
        of--
                    (A) victim services;
                    (B) the civil and criminal justice system;
                    (C) health care;
                    (D) mental health care;
                    (E) immigration relief,
                    (F) legal assistance; and
                    (G) other interventions,
            (3) outcomes for victims; and
            (4) victim's access to services and protections, including 
        the needs of underserved, immigrant and limited English 
        proficient victims.
    (b) Application.--Subsection (a) shall apply to research under the 
following:
            (1) National institute of justice.--Section 202(c)(2) of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3722).
            (2) Centers for disease control and prevention; study by 
        national center for injury prevention and control.--Section 
        402(a) of the Violence Against Women and Department of Justice 
        Reauthorization Act of 2005 (42 U.S.C. 280b-4(a)).
            (3) Interpersonal violence within families and among 
        acquaintances.--Section 393 of the Public Health Service Act 
        (42 U.S.C. 280b-1a).
            (4) Agency for healthcare research and quality--research, 
        evaluations, and demonstration projects on health care for 
        priority populations.--Subparagraph (B) of section 901(c)(1) of 
        the Public Health Service Act (42 U.S.C. 299(c)(1)).
            (5) Research on health disparities.--Section 903 of the 
        Public Health Service Act (42 U.S.C. 299a-1).
            (6) Substance abuse and mental health services 
        administration--office for substance abuse prevention.--
        Subsection (b) of section 515 of the Public Health Service Act 
        (42 U.S.C. 290bb-21(b)).
            (7) Center for mental health services.--Section 520 of the 
        Public Health Service Act (42 U.S.C. 290bb-31(b)).
            (8) National institute of drug abuse.--Subsection (b) of 
        section 464L of the Public Health Service Act (42 U.S.C. 285o).
            (9) National drug abuse research centers.--Subparagraph (F) 
        of section 464N of the Public Health Service Act (42 U.S.C. 
        285o-2(c)(2)).
            (10) National institute of mental health.--Paragraph (2) of 
        section 464R(e) of the Public Health Service Act (42 U.S.C. 
        285p(e)).
            (11) Office of research on womens health.--Subsection (b) 
        of section 486 of the Public Health Service Act (42 U.S.C. 
        287d).
            (12) Office of research on womens health advisory 
        committee.--Paragraph (4) of section 486(d) of the Public 
        Health Service Act (42 U.S.C. 287d).

                  TITLE VI--MARRIAGE VISA PROTECTIONS

SEC. 601. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.

    (a) In General.--Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1), by striking ``crime.'' and 
                inserting ``crime described in paragraph (3)(B) and 
                information on any permanent protection or restraining 
                order issued against the petitioner related to any 
                specified crime described in paragraph (3)(B)(i).'';
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i)--
                            (i) by striking ``a consular officer'' and 
                        inserting ``the Secretary of Homeland 
                        Security''; and
                            (ii) by striking ``the officer'' and 
                        inserting ``the Secretary''; and
                    (C) in paragraph (3)(B)(i), by striking ``abuse, 
                and stalking.'' and inserting ``abuse, stalking, or an 
                attempt to commit any such crime.''; and
            (2) in subsection (r)--
                    (A) in paragraph (1), by striking ``crime.'' and 
                inserting ``crime described in paragraph (5)(B) and 
                information on any permanent protection or restraining 
                order issued against the petitioner related to any 
                specified crime described in subsection (5)(B)(i).''; 
                and
                    (B) by amending paragraph (4)(B)(ii) to read as 
                follows:
    ``(ii) To notify the beneficiary as required by clause (i), the 
Secretary of Homeland Security shall provide such notice to the 
Secretary of State for inclusion in the mailing to the beneficiary 
described in section 833(a)(5)(A)(i) of the International Marriage 
Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)).''; and
            (3) in paragraph (5)(B)(i), by striking ``abuse, and 
        stalking.'' and inserting ``abuse, stalking, or an attempt to 
        commit any such crime.''.
    (b) Provision of Information to K Nonimmigrants.--Section 833 of 
the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a) is amended--
            (1) in subsection (a)(5)(A)--
                    (A) in clause (iii)--
                            (i) by striking ``State any'' and inserting 
                        ``State, for inclusion in the mailing described 
                        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 Security 
                        shall conduct a background check of the 
                        National Crime Information Center's Protection 
                        Order Database on each petitioner for a visa 
                        under subsection (d) or (r) of section 214 of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1184). Any appropriate 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 beneficiary 
                                of a petition referred to in clause 
                                (iii); and
                                    ``(II) shall not be used or 
                                disclosed for any other purpose unless 
                                expressly authorized by law.
                            ``(v) The Secretary of Homeland Security 
                        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 section 214 of the 
                        Immigration and Nationality 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 applicant's attention--
                                    ``(I) whether the petitioner 
                                disclosed a protection order, a 
                                restraining order, or criminal history 
                                information on the visa petition;
                                    ``(II) the criminal background 
                                information and information about any 
                                protection order obtained by the 
                                Secretary of Homeland Security 
                                regarding the petitioner in the course 
                                of adjudicating the petition; and
                                    ``(III) whether the information the 
                                petitioner disclosed on the visa 
                                petition regarding any previous 
                                petitions filed under subsection (d) or 
                                (r) of such section 214 is consistent 
                                with the information in the multiple 
                                visa tracking 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 Marriage 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 implemented with regard to investigating 
                and prosecuting violations of the law, and for other 
                purposes.
                    (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 Department 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 General shall submit to 
        Congress a report that includes the following:
                    (A) The name of the component of the Department of 
                Justice responsible for investigating and prosecuting 
                violations of the International 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 procedures 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 inserting ``the National Sex Offender Public 
Website''.
    (c) Regulation of International Marriage Brokers.--Section 833(d) 
of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a(d)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Prohibition on marketing of or to children.--
                    ``(A) In general.--An international marriage 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 international marriage broker 
                shall--
                            ``(i) obtain a valid copy of each foreign 
                        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 
                        certificate or document for 7 years after such 
                        date of receipt; and
                            ``(iv) produce such certificate or document 
                        upon request to an appropriate authority 
                        charged with the enforcement of this 
                        paragraph.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)(i)--
                            (i) in the heading, by striking 
                        ``registries.--'' and inserting ``website.--''; 
                        and
                            (ii) by striking ``Registry or State sex 
                        offender public registry,'' and inserting 
                        ``Website,''; and
                    (B) in subparagraph (B)(i), by striking ``permanent 
                civil'' and inserting ``final'';
                    (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 
                        inserting ``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 
                        registry for any State not yet participating in 
                        the National Sex Offender Public Registry, 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 paragraph 
                        (2)(B);'' and inserting ``signed certification 
                        and accompanying documentation or attestation 
                        regarding the background information 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.--
                            ``(i) Failure of international marriage 
                        brokers to comply with obligations.--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 
                                subclause (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 
                                attempts to violate paragraphs (1), 
                                (2), (3), or (4) shall be fined in 
                                accordance 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 (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 required 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 penalties.--
                        The penalties provided in clauses (i), (ii), 
                        and (iii) are in addition to any other civil or 
                        criminal liability under Federal or State law 
                        to which a person may be subject for the misuse 
                        of information, including 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 pursuant to a 
                        court order.''; and
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``including equitable 
                remedies.'';
            (5) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (6) by inserting after paragraph (5) the following:
            ``(6) Enforcement.--
                    ``(A) Authority.--The Attorney General shall be 
                responsible for the enforcement of the provisions of 
                this section, including the prosecution of civil and 
                criminal penalties provided for by this section.
                    ``(B) Consultation.--The Attorney General shall 
                consult with the Director of the Office on Violence 
                Against Women of the Department of Justice to develop 
                policies and public education 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 report.--
                    ``(A) Study.--The Comptroller General shall conduct 
                a study on the continuing impact of the implementation 
                of this section and of section of 214 of the 
                Immigration and Nationality Act (8 U.S.C. 1184) on the 
                process for granting 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 2012, the Comptroller General 
                shall submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report setting forth the results 
                of the study conducted under subparagraph (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 paragraph (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 Standards.--Section 8 of the 
Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following:
    ``(c) Applicability to Detention Facilities Operated by the 
Department of Homeland Security.--
            ``(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, 
        prevention, reduction, and punishment of rape and sexual 
        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 facilities operated by the 
        Department of Homeland Security and to detention facilities 
        operated under contract with the Department.
            ``(3) Compliance.--The Secretary of Homeland Security 
        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 completed by the 
                Department of Homeland Security.
            ``(4) Considerations.--In adopting standards under 
        paragraph (1), the Secretary of Homeland Security shall give 
        due consideration to the recommended national standards 
        provided by the Commission 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 Security.
    ``(d) Applicability to Custodial Facilities Operated 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 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 completed 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 recommended national standards 
        provided by the Commission under section 7(e).''.

                      TITLE VIII--DATA COLLECTION

SEC. 801. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY VICTIMS OF 
              ABUSE.

    (a) In General.--Not later than December 1, 2013, and annually 
thereafter, the Secretary of Homeland Security 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 nonimmigrant 
                status under paragraph (15)(T)(i), (15)(U)(i), or (51) 
                of section 101(a) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)) during the preceding fiscal 
                year;
                    (B) were granted such nonimmigrant status 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 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 preceding 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 trafficking and crime victimization and 
        VAWA confidentiality issues.
            (8) A description of the training Immigration and Customs 
        Enforcement and Customs and Boarder 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 eligible 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 
                        confidentiality 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 endorsement by 
                Department of Homeland Security officials and State law 
                enforcement; and
                    (E) collaboration with local law enforcement and 
                victim services programs on VAWA self-petitioning, VAWA 
                cancellation of removal, U-visa and T-visa cases.
            (9) The number of VAWA confidentiality violation 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 receipt of the 
                complaint and culmination of action on the complaint; 
                and
                    (E) the report shall not include any personally 
                identifying information about the complainant, the 
                person against whom the complaint 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 detention facility operated under contract 
        with the Department 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 detention facility operated under contract 
        with the Department during the preceding fiscal year, including 
        an indication of the number of reports sustained at each 
        facility.
    (b) Reporting Requirement.--Not later than December 1, 2012, and 
annually thereafter, the Legal Services Corporation shall submit a 
report to the Senate Committee on the Judiciary and the House Committee 
on the Judiciary identifying the following:
            (1) Steps taken to consult with and include programs 
        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 program 
        provides.
            (2) Steps taken by the Corporation to implement 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 receiving funding 
        from the Corporation that have implemented policies and 
        procedures (including those for intake and screening) designed 
        to ensure that victims described in section 104 of the Violence 
        Against Women and Department of Justice Reauthorization Act of 
        2005 are able to access legal assistance 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 Immigration 
                and Nationality Act (8 U.S.C. 1229(e)(1)); and
                    (B) the annual number of aliens described insection 
                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;
                            (iii) have orders of removal issued against 
                        them;
                            (iv) have been issued immigration 
                        detainers; or
                            (v) have been placed in detention by the 
                        Department of Homeland Security;
            (2) that examines the extent to which the Attorney 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 
                Victims Protection Act of 2000 (22 U.S.C. 710);
                    (B) provide potential victims with information 
                about the forms of immigration relief listed in 
                subparagraph (A);
                    (C) result in T- and U-visa certification; and
                    (D) are designed to ensure that immigrant victims 
                are not subjected to immigration enforcement related to 
                the perpetrator's actions or communications;
            (3) that reports on the number of section 298(g) 
        jurisdictions that have memoranda of understanding with the 
        Secretary of Homeland Security requiring practices that result 
        in T- and U-visa certifications and compliance with VAWA 
        confidentiality protections by officers and departments 
        participating 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 Representatives 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 Judiciary and the House Committee on the 
Judiciary a report 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 authorization, parole, 
        naturalization or otherwise provided status under paragraphs 
        (15)(T)(i), (15)(U)(i), (27)(J), and (51) of section 101(a) of 
        the Immigration 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;
            (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 Immigration and Nationality Act (8 U.S.C. 
        1101) during the preceding fiscal year;
            (4) the mean and median time between the receipt of 
        applications for visas submitted under subparagraph (T) or (U) 
        of section 101(a)(15), section 101(a)(27)(J), or section 
        101(a)(51) of the Immigration 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 adjudication and 
        processing time, while ensuring the safe and competent 
        processing of the applications described in subsections (a), 
        (b), (c), and (d) of this section.
                                 <all>