H.R.3402
Violence Against Women and Department of Justice Reauthorization Act of 2005
(Enrolled as Agreed to or Passed by Both House and Senate)
Subtitle D--International Marriage Broker Regulation SEC. 831. SHORT TITLE.
This subtitle may be cited as the `International Marriage Broker Regulation
Act of 2005'.
SEC. 832 [omitted]
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR
IMMIGRANTS AND
REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Information for K Nonimmigrants on Legal Rights and Resources for
Immigrant Victims of Domestic Violence-
(1) IN GENERAL- The Secretary of Homeland Security, in consultation with the
Attorney General and the Secretary of State, shall develop an information
pamphlet, as described in paragraph (2), on legal rights and resources for
immigrant victims of domestic violence and distribute and make such pamphlet
available as described in paragraph (5). In preparing such materials, the
Secretary of Homeland Security shall consult with nongovernmental
organizations with expertise on the legal rights of 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) The K nonimmigrant visa application process and the marriage- based
immigration process, including conditional residence and adjustment of
status.
(B) The illegality of domestic violence, sexual assault, and child abuse in
the United States and the dynamics of domestic violence.
(C) Domestic violence and sexual assault services in the United States,
including the National Domestic Violence Hotline and the National Sexual
Assault Hotline.
(D) The legal rights of immigrant victims of abuse and other crimes in
immigration, criminal justice, family law, and other matters, including
access to protection orders.
(E) The obligations of parents to provide child support for children.
(F) Marriage fraud under United States immigration laws and the penalties
for committing such fraud.
(G) A warning concerning the potential use of K nonimmigrant visas by United
States citizens who have a history of committing domestic violence, sexual
assault, child abuse, or other crimes and an explanation that such acts may
not have resulted in a criminal record for such a citizen.
(H) Notification of the requirement under subsection (d)(3)(A) that
international marriage brokers provide foreign national clients with
background information gathered on United States clients from searches of
Federal and State sex offender public registries and collected from United
States clients regarding their marital history and domestic violence or
other violent criminal history, but that such information may not be
complete or accurate because the United States client may not have a
criminal record or may not have truthfully reported their marital or
criminal record.
(3) SUMMARIES- The Secretary of Homeland Security, in consultation with the
Attorney General and the Secretary of State, shall develop summaries of the
pamphlet developed under paragraph (1) that shall be used by Federal
officials when reviewing the pamphlet in interviews under subsection (b).
(4) TRANSLATION-
(A) IN GENERAL- In order to best serve the language groups having the
greatest concentration of K nonimmigrant visa applicants, the information
pamphlet developed under paragraph (1) shall, subject to subparagraph (B),
be translated by the Secretary of State into foreign languages, including
Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean,
Polish, Japanese, French, Arabic, Portuguese, Hindi, and such other
languages as the Secretary of State, in the Secretary's discretion, may
specify.
(B) REVISION- Every 2 years, the Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State, shall
determine at least 14 specific languages into which the information pamphlet
is translated based on the languages spoken by the greatest concentrations
of K nonimmigrant visa applicants.
(5) AVAILABILITY AND DISTRIBUTION- The information pamphlet developed under
paragraph (1) shall be made available and distributed as follows:
(A) MAILINGS TO K NONIMMIGRANT VISA APPLICANTS-
(i) The pamphlet shall be mailed by the Secretary of State to each applicant
for a K nonimmigrant visa at the same time that the instruction packet
regarding the visa application process is mailed to such applicant. The
pamphlet so mailed shall be in the primary language of the applicant or in
English if no translation into the applicant's primary language is
available.
(ii) The Secretary of Homeland Security shall provide to the Secretary of
State, for inclusion in the mailing under clause (i), a copy of the petition
submitted by the petitioner for such applicant under subsection (d) or (r)
of section 214 of such Act (8 U.S.C.
1184).
(iii) The Secretary of Homeland Security shall provide to the Secretary of
State any criminal background information the Secretary of Homeland Security
possesses with respect to a petitioner under subsection (d) or (r) of
section 214 of such Act (8 U.S.C. 1184).
The Secretary of State, in turn, shall share any such criminal background
information that is in government records or databases with the K
nonimmigrant visa applicant who is the beneficiary of the petition. The visa
applicant shall be informed that such criminal background information is
based on available records and may not be complete. The Secretary of State
also shall provide for the disclosure of such criminal background
information to the visa applicant at the consular interview in the primary
language of the visa applicant. Nothing in this clause shall be construed to
authorize the Secretary of Homeland Security to conduct any new or
additional criminal background check that is not otherwise conducted in the
course of adjudicating such petitions.
(B) CONSULAR ACCESS- The pamphlet developed under paragraph (1) shall be
made available to the public at all consular posts. The summaries described
in paragraph (3) shall be made available to foreign service officers at all
consular posts.
(C) POSTING ON FEDERAL WEBSITES- The pamphlet developed under paragraph
(1)
shall be posted on the websites of the Department of State and the
Department of Homeland Security, as well as on the websites of all consular
posts processing applications for K nonimmigrant visas.
(D) INTERNATIONAL MARRIAGE BROKERS AND VICTIM ADVOCACY
ORGANIZATIONS- The
pamphlet developed under paragraph (1) shall be made available to any
international marriage broker, government agency, or nongovernmental
advocacy organization.
(6) 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
120 days after the date of the enactment of this Act.
(b) Visa and Adjustment Interviews-
(1) FIANCE(E)S, SPOUSES AND THEIR DERIVATIVES- During an interview with an
applicant for a K nonimmigrant visa, a consular officers
shall--
(A) provide information, in the primary language of the visa applicant, on
protection orders or criminal convictions collected under subsection
(a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under subsection (a)(1) in
English or another appropriate language and provide an oral summary, in the
primary language of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the applicant, whether an
international marriage broker has facilitated the relationship between the
applicant and the United States petitioner, and, if so, obtain the identity
of the international marriage broker from the applicant and confirm that the
international marriage broker provided to the applicant the information and
materials required under subsection (d)(3)(A)(iii).
(2) FAMILY-BASED APPLICANTS- The pamphlet developed under subsection
(a)(1) shall be distributed directly to applicants for family-based
immigration petitions at all consular and adjustment interviews for such
visas. The Department of State or Department of Homeland Security officer
conducting the interview shall review the summary of the pamphlet with the
applicant orally in the applicant's primary language, in addition to
distributing the pamphlet to the applicant in English or another appropriate
language.
(c) Confidentiality- In fulfilling the requirements of this section, no
official of the Department of State or the Department of Homeland Security
shall disclose to a nonimmigrant visa applicant the name or contact
information of any person who was granted a protection order or restraining
order against the petitioner or who was a victim of a crime of violence
perpetrated by the petitioner, but shall disclose the relationship of the
person to the petitioner.
(d) Regulation of International Marriage Brokers-
(1) PROHIBITION ON MARKETING CHILDREN- 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.
(2) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS WITH RESPECT
TO MANDATORY
COLLECTION OF BACKGROUND INFORMATION-
(A) IN GENERAL-
(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES- Each international marriage
broker shall search the National Sex Offender Public Registry or State sex
offender public registry, as required under paragraph (3)(A)(i).
(ii) COLLECTION OF BACKGROUND INFORMATION- Each international marriage
broker shall also collect the background information listed in subparagraph
(B) about the United States client to whom the personal contact information
of a foreign national client would be provided.
(B) BACKGROUND INFORMATION- The international marriage broker shall collect
a certification signed (in written, electronic, or other
form) by the United States client accompanied by documentation or an
attestation of the following background information about the United States
client:
(i) Any temporary or permanent civil protection order or restraining order
issued against the United States client.
(ii) Any Federal, State, or local arrest or conviction of the United States
client for homicide, murder, manslaughter, assault, battery, domestic
violence, rape, sexual assault, abusive sexual contact, sexual exploitation,
incest, child abuse or neglect, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or conviction of the United States
client for--
(I) solely, principally, or incidentally engaging in prostitution;
(II) a direct or indirect attempt to procure prostitutes or persons for the
purpose of prostitution; or
(III) receiving, in whole or in part, of the proceeds of prostitution.
(iv) Any Federal, State, or local arrest or conviction of the United States
client for offenses related to controlled substances or alcohol.
(v) Marital history of the United States client, including whether the
client is currently married, whether the client has previously been married
and how many times, how previous marriages of the client were terminated and
the date of termination, and whether the client has previously sponsored an
alien to whom the client was engaged or married.
(vi) The ages of any of the United States client's children who are under
the age of 18.
(vii) All States and countries in which the United States client has resided
since the client was 18 years of age.
(3) OBLIGATION OF INTERNATIONAL MARRIAGE BROKERS WITH RESPECT TO
INFORMED
CONSENT-
(A) LIMITATION ON SHARING INFORMATION ABOUT FOREIGN NATIONAL
CLIENTS- An
international marriage broker shall not provide any United States client or
representative with the personal contact information of any foreign national
client unless and until the international marriage broker has--
(i) performed a search of the National Sex Offender Public 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, for
information regarding the United States client;
(ii) collected background information about the United States client
required under paragraph (2);
(iii) provided to the foreign national client--
(I) in the foreign national client's primary language, a copy of any records
retrieved from the search required under paragraph (2)(A)(i) or
documentation confirming that such search retrieved no records;
(II) in the foreign national client's primary language, a copy of the
background information collected by the international marriage broker under
paragraph (2)(B); and
(III) in the foreign national client's primary language (or in English or
other appropriate language if there is no translation available into the
client's primary language), the pamphlet developed under subsection (a)(1);
and
(iv) received from the foreign national client a signed, written consent, in
the foreign national client's primary language, to release the foreign
national client's personal contact information to the specific United States
client.
(B) CONFIDENTIALITY- In fulfilling the requirements of this paragraph, an
international marriage broker shall disclose the relationship of the United
States client to individuals who were issued a protection order or
restraining order as described in clause (i) of paragraph (2)(B), or of any
other victims of crimes as described in clauses (ii) through (iv) of such
paragraph, but shall not disclose the name or location information of such
individuals.
(C) PENALTY FOR 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 the obligations imposed on it under paragraph
(2) and this paragraph for any purpose other than the disclosures required
under this paragraph shall be fined in accordance with title 18, United
States Code, or imprisoned not more than 1 year, or both.
(4) LIMITATION ON DISCLOSURE- An international marriage broker shall not
provide the personal contact information of any foreign national client to
any person or entity other than a United States client.
Such information shall not be disclosed to potential United States clients
or individuals who are being recruited to be United States clients or
representatives.
(5) PENALTIES-
(A) FEDERAL CIVIL PENALTY-
(i) VIOLATION- An international marriage broker that violates (or attempts
to violate) paragraph (1), (2), (3), or (4) is subject to a civil penalty of
not less than $5,000 and not more than $25,000 for each such violation.
(ii) PROCEDURES FOR IMPOSITION OF PENALTY- A penalty may be imposed
under
clause (i) by the Attorney General only after notice and an opportunity for
an agency hearing on the record in accordance with subchapter II of chapter
5 of title 5, United States Code (popularly known as the Administrative
Procedure Act).
(B) FEDERAL CRIMINAL PENALTY- In circumstances in or affecting interstate or
foreign commerce, an international marriage broker that, within the special
maritime and territorial jurisdiction of the United States, 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 5 years, or both.
(C) ADDITIONAL REMEDIES- The penalties and remedies under this subsection
are in addition to any other penalties or remedies available under law.
(6) NONPREEMPTION- Nothing in this subsection shall preempt--
(A) any State law that provides additional protections for aliens who are
utilizing the services of an international marriage broker; or
(B) any other or further right or remedy available under law to any party
utilizing the services of an international marriage broker.
(7) EFFECTIVE DATE-
(A) IN GENERAL- Except as provided in subparagraph (B), this subsection
shall take effect on the date that is 60 days after the date of the
enactment of this Act.
(B) ADDITIONAL TIME ALLOWED FOR INFORMATION PAMPHLET- The
requirement for
the distribution of the pamphlet developed under subsection (a)(1) shall not
apply until 30 days after the date of its development and initial
distribution under subsection (a)(6).
(e) Definitions- In this section:
(1) CRIME OF VIOLENCE- The term `crime of violence' has the meaning given
such term in section 16 of title 18, United States Code.
(2) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning given
such term in section 3 of this Act.
(3) FOREIGN NATIONAL CLIENT- The term `foreign national client'
means a person who is not a United States citizen or national or an alien
lawfully admitted to the United States for permanent residence and who
utilizes the services of an international marriage broker.
Such term includes an alien residing in the United States who is in the
United States as a result of utilizing the services of an international
marriage broker and any alien recruited by an international marriage broker
or representative of such broker.
(4) INTERNATIONAL MARRIAGE BROKER-
(A) IN GENERAL- The term `international marriage broker' means a
corporation, partnership, business, individual, or other legal entity,
whether or not organized under any law of the United States, that charges
fees for providing dating, matrimonial, matchmaking services, or social
referrals between United States citizens or nationals or aliens lawfully
admitted to the United States as permanent residents and foreign national
clients by providing personal contact information or otherwise facilitating
communication between individuals.
(B) EXCEPTIONS- Such term does not include--
(i) a traditional matchmaking organization of a cultural or religious nature
that operates on a nonprofit basis and otherwise operates in compliance with
the laws of the countries in which it operates, including the laws of the
United States; or
(ii) an entity that provides dating services if its principal business is
not to provide international dating services between United States citizens
or United States residents and foreign nationals and it charges comparable
rates and offers comparable services to all individuals it serves regardless
of the individual's gender or country of citizenship.
(5) K NONIMMIGRANT VISA- The term `K nonimmigrant visa' means a nonimmigrant
visa under clause (i) or (ii) of section 101(a)(15)(K) of the Immigration
and Nationality Act (8 U.S.C 1101(a)(15)(K)).
(6) PERSONAL CONTACT INFORMATION-
(A) IN GENERAL- The term `personal contact information' means information,
or a forum to obtain such information, that would permit individuals to
contact each other, including--
(i) the name or residential, postal, electronic mail, or instant message
address of an individual;
(ii) the telephone, pager, cellphone, or fax number, or voice message
mailbox of an individual; or
(iii) the provision of an opportunity for an in-person meeting.
(B) EXCEPTION- Such term does not include a photograph or general
information about the background or interests of a person.
(7) REPRESENTATIVE- The term `representative' means, with respect to an
international marriage broker, the person or entity acting on behalf of such
broker. Such a representative may be a recruiter, agent, independent
contractor, or other international marriage broker or other person conveying
information about or to a United States client or foreign national client,
whether or not the person or entity receives remuneration.
(8) STATE- The term `State' includes the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
(9) UNITED STATES- The term `United States', when used in a geographic
sense, includes all the States.
(10) UNITED STATES CLIENT- The term `United States client' means a United
States citizen or other individual who resides in the United States and who
utilizes the services of an international marriage broker, if a payment is
made or a debt is incurred to utilize such services.
(f) GAO Study and Report- [omitted]
(g) Repeal of Mail-Order Bride Provision- Section 652 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1375) is hereby repealed.