[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1455 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1455

   To regulate international marriage broker activity in the United 
States, to provide for certain protections for individuals who utilize 
the services of international marriage brokers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 25 (legislative day, July 21), 2003

 Ms. Cantwell introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To regulate international marriage broker activity in the United 
States, to provide for certain protections for individuals who utilize 
the services of international marriage brokers, 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 ``International Marriage Broker 
Regulation Act of 2003''.

SEC. 2. LIMIT ON CONCURRENT PETITIONS FOR FIANCE(E) VISAS.

    Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 
1184(d)) is amended--
            (1) by inserting ``(1)'' before ``A visa''; and
            (2) by adding at the end the following:
    ``(2) A United States citizen or a legal permanent resident may not 
file more than 1 application for a visa under section 101(a)(15)(K)(i) 
in any 1-year period.''.

SEC. 3. INTERNATIONAL MARRIAGE BROKERS.

    Section 652 of the Omnibus Consolidated Appropriations Act, 1997 (8 
U.S.C. 1375), is amended to read as follows:

``SEC. 652. INTERNATIONAL MARRIAGE BROKERS.

    ``(a) Findings.--Congress finds the following:
            ``(1) There is a substantial international marriage broker 
        business worldwide. A 1999 study by the Immigration and 
        Naturalization Service estimated that in 1999 there were at 
        least 200 such companies operating in the United States, and 
        that as many as 4,000 to 6,000 persons in the United States, 
        almost all male, find foreign spouses through for-profit 
        international marriage brokers each year.
            ``(2) Aliens seeking to enter the United States to marry 
        citizens of the United States currently lack the ability to 
        access and fully verify personal history information about 
        their prospective American spouses.
            ``(3) Persons applying for fiance(e) visas to enter the 
        United States are required to undergo a criminal background 
        information investigation prior to the issuance of a visa. 
        However, no corresponding requirement exists to inform those 
        seeking fiance(e) visas of any history of violence by the 
        prospective United States spouse.
            ``(4) Many individuals entering the United States on 
        fiance(e) visas for the purpose of marrying a person in the 
        United States are unaware of United States laws regarding 
        domestic violence, including protections for immigrant victims 
        of domestic violence, prohibitions on involuntary servitude, 
        protections from automatic deportation, and the role of police 
        and the courts in providing assistance to victims of domestic 
        violence.
    ``(b) Definitions.--In this section:
            ``(1) Client.--The term `client' means a United States 
        citizen or legal permanent resident who makes a payment or 
        incurs a debt in order to utilize the services of an 
        international marriage broker.
            ``(2) Crime of violence.--The term `crime of violence' has 
        the same meaning given the term in section 16 of title 18, 
        United States Code.
            ``(3) Domestic violence.--The term `domestic violence' 
        means any crime of violence, or other act forming the basis for 
        past or outstanding protective orders, restraining orders, no-
        contact orders, convictions, arrests, or police reports, 
        committed against a person by--
                    ``(A) a current or former spouse of the person;
                    ``(B) an individual with whom the person shares a 
                child in common;
                    ``(C) an individual who is cohabiting with or has 
                cohabited with the person;
                    ``(D) an individual similarly situated to a spouse 
                of the person under the domestic or family violence 
                laws of the jurisdiction where the offense occurs; or
                    ``(E) any other individual if the person is 
                protected from that individual's acts under the 
                domestic or family violence laws of the United States 
                or any State, Indian tribal government, or unit of 
                local government.
            ``(4) Foreign national client.--The term `foreign national 
        client' means a non-resident alien who utilizes the services of 
        an international marriage broker.
            ``(5) 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, social 
                referrals, or matching services between United States 
                citizens or legal permanent residents and nonresident 
                aliens by providing information that would permit 
                individuals to contact each other, including--
                            ``(i) providing the name, telephone number, 
                        address, electronic mail address, or voicemail 
                        of an individual; or
                            ``(ii) providing an opportunity for an in-
                        person meeting.
                    ``(B) Exceptions.--Such term does not include--
                            ``(i) a traditional matchmaking 
                        organization of a 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 between United States citizens or 
                        legal permanent residents and aliens, but not 
                        as its principal business, and charges 
                        comparable rates to all clients regardless of 
                        the gender or country of residence of the 
                        client.
            ``(6) Personal contact information.--
                    ``(A) In general.--The term `personal contact 
                information' means information that would permit an 
                individual to contact another individual, including--
                            ``(i) the name, address, phone number, 
                        electronic mail address, or voice message 
                        mailbox of that individual; and
                            ``(ii) 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.
    ``(c) Obligations of International Marriage Broker With Respect to 
Informed Consent.--An international marriage broker shall not provide 
any personal contact information about any foreign national client, not 
including photographs, to any person unless and until the international 
marriage broker has--
            ``(1) provided the foreign national client with information 
        in his or her native language that explains the rights of 
        victims of domestic violence in the United States, including 
        the right to petition for residence independent of, and without 
        the knowledge, consent, or cooperation of, the spouse; and
            ``(2) received from the foreign national client a signed 
        consent to the release of such personal contact information.
    ``(d) Mandatory Collection of Information.--
            ``(1) In general.--Each international marriage broker shall 
        require each client to provide the information listed in 
        paragraph (2), in writing and signed by the client (including 
        by electronic writing and electronic signature), to the 
        international marriage broker prior to referring any personal 
        contact information about any foreign national client to the 
        client.
            ``(2) Information.--The information required to be provided 
        in accordance with paragraph (1) is as follows:
                    ``(A) Any arrest, charge, or conviction record for 
                homicide, rape, assault, sexual assault, kidnap, or 
                child abuse or neglect.
                    ``(B) Any court ordered restriction on physical 
                contact with another person, including any temporary or 
                permanent restraining order or civil protection order.
                    ``(C) Marital history, including if the person is 
                currently married, if the person has previously been 
                married and how many times, how previous marriages were 
                terminated and the date of termination, and if the 
                person has previously sponsored an alien to whom the 
                person has been engaged or married.
                    ``(D) The ages of any and all children under the 
                age of 18.
                    ``(E) All States in which the client has resided 
                since the age of 18.
    ``(e) Additional Obligations of the International Marriage 
Broker.--An international marriage broker shall not provide any 
personal contact information about any foreign national client to any 
client, unless and until--
            ``(1) the client has been informed that the client will be 
        subject to a criminal background check should they petition for 
        a visa under clause (i) or (iii) of section 101(a)(15)(K) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)); 
        and
            ``(2) the foreign national client has been provided a copy 
        of the information required under subsection (d) regarding that 
        client.
    ``(f) Civil Penalty.--
            ``(1) Violation.--An international marriage broker that the 
        Secretary of Homeland Security determines has violated any 
        provision of this section or section 7 of the International 
        Marriage Broker Regulation Act of 2003 shall be subject, in 
        addition to any other penalties that may be prescribed by law, 
        to a civil penalty of not more than $20,000 for each such 
        violation.
            ``(2) Procedures for imposition of penalty.--A penalty 
        imposed under paragraph (1) may be imposed only after notice 
        and an opportunity for an agency hearing on the record in 
        accordance with sections 554 through 557 of title 5, United 
        States Code.
    ``(g) Criminal Penalty.--An international marriage broker that, 
within the special maritime and territorial jurisdiction of the United 
States, violates any provision of this section or section 7 of the 
International Marriage Broker Regulation Act of 2003 shall be fined in 
accordance with title 18, United States Code, or imprisoned for not 
less than 1 year and not more than 5 years, or both.
    ``(h) Enforcement.--In any case in which the attorney general of a 
State has reason to believe that an interest of the residents of that 
State has been, or is threatened to be, adversely affected by a 
violation of this section, the State, as parens patriae, may bring a 
civil action on behalf of the residents of the State in a district 
court of the United States of appropriate jurisdiction to--
            ``(1) enjoin that practice;
            ``(2) enforce compliance with this section; or
            ``(3) obtain damages.
    ``(i) Study and Report.--
            ``(1) Study.--Not later than 2 years after the date of 
        enactment of the International Marriage Broker Regulation Act 
        of 2003, the Attorney General, in consultation with the 
        Director of the Bureau of Citizenship and Immigration Services 
        within the Department of Homeland Security, shall conduct a 
        study--
                    ``(A) regarding the number of international 
                marriage brokers doing business in the United States 
and the number of marriages resulting from the services provided, and 
the extent of compliance with this section and section 7 of the 
International Marriage Broker Regulation Act of 2003;
                    ``(B) that assesses information gathered under this 
                section and section 7 of the International Marriage 
                Broker Regulation Act of 2003 from clients and 
                petitioners by international marriage brokers and the 
                Bureau of Citizenship and Immigration Services;
                    ``(C) that examines, based on the information 
                gathered, the extent to which persons with a history of 
                violence are using the services of international 
                marriage brokers and the extent to which such persons 
                are providing accurate information to international 
                marriage brokers in accordance with this section and 
                section 7 of the International Marriage Broker 
                Regulation Act of 2003; and
                    ``(D) that assesses the accuracy of the criminal 
                background check at identifying past instances of 
                domestic violence.
            ``(2) Report.--Not later than 3 years after the date of 
        enactment of the International Marriage Broker Regulation Act 
        of 2003, the Secretary of Homeland Security shall submit a 
        report to the Committees on the Judiciary of the Senate and the 
        House of Representatives setting forth the results of the study 
        conducted pursuant to paragraph (1).''.

SEC. 4. CRIMINAL BACKGROUND CHECK.

    Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 
1184(d)), as amended by section 2, is further amended by adding at the 
end the following:
    ``(3) A petitioner for a visa under clause (i) or (iii) of section 
101(a)(15)(K) shall undergo a national criminal background check 
conducted using the national criminal history background check system 
and State criminal history repositories of all States in which the 
applicant has resided prior to the petition being approved by the 
Secretary of Homeland Security, and the results of the background check 
shall be included in the petition forwarded to the consular office 
under that section.''.

SEC. 5. CHANGES IN CONSULAR PROCESSING OF FIANCE(E) VISA APPLICATIONS.

    (a) In General.--During the consular interview for purposes of the 
issuance of a visa under clause (i) or (iii) of section 101(a)(15)(K) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)), a 
consular officer shall disclose to the alien applicant information in 
writing in the native language of the alien concerning--
            (1) the illegality of domestic violence in the United 
        States and the availability of resources for victims of 
        domestic violence (including aliens), including protective 
        orders, crisis hotlines, free legal advice, and shelters;
            (2) the requirement that international marriage brokers 
        provide foreign national clients with responses of clients to 
        questions regarding the client's domestic violence history and 
        marital history, but that such information may not be accurate;
            (3) the right of an alien who is or whose children are 
        subjected to domestic violence or extreme cruelty by a United 
        States citizen spouse or legal permanent resident spouse, to 
        self-petition for legal permanent immigration status under the 
        Violence Against Women Act independently of, and without the 
        knowledge, consent, or cooperation of, such United States 
        citizen spouse or legal permanent resident spouse; and
            (4) any information regarding the petitioner that--
                    (A) was provided to the Bureau of Citizenship and 
                Immigration Services within the Department of Homeland 
                Security pursuant to section 7; and
                    (B) is contained in the background check conducted 
                in accordance with section 214(d)(3) of the Immigration 
                and Nationality Act, as added by section 4, relating to 
                any conviction or civil order for a crime of violence, 
                act of domestic violence, or child abuse or neglect.
    (b) Definitions.--In this section, the terms ``client'', ``domestic 
violence'', ``foreign national client'', and ``international marriage 
brokers'' have the same meaning given such terms in section 652 of the 
Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1375).

SEC. 6. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    Section 105 of the Victims of Trafficking and Violence Protection 
Act of 2000 (22 U.S.C. 7103) is amended--
            (1) in subsection (d)(2), by inserting ``and the role of 
        international marriage brokers (as defined in section 652 of 
        the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 
        1375))'' after ``public corruption''; and
            (2) by adding at the end the following:
    ``(f) Meetings.--The Task Force shall meet not less than 2 times in 
a calendar year.''.

SEC. 7. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.

    The Bureau of Citizenship and Immigration Services within the 
Department of Homeland Security shall require that information 
described in section 652(c) of the Omnibus Consolidated Appropriations 
Act, 1997 (8 U.S.C. 1375(c)), as amended by section 3, be provided to 
the Bureau of Citizenship and Immigration Services by a client (as 
defined in section 652 of the Omnibus Consolidated Appropriations Act, 
1997 (8 U.S.C.1375)) in writing and signed under penalty of perjury as 
part of any visa petition under section 214(d) of the Immigration and 
Nationality Act (8 U.S.C. 1184(d)).

SEC. 8. GOOD FAITH MARRIAGES.

    The fact that an alien who is in the United States on a visa under 
clause (i) or (iii) of section 101(a)(15)(K) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware of the criminal 
background of a client (as defined in section 652 of the Omnibus 
Consolidated Appropriations Act, 1997 (8 U.S.C. 1375)) cannot be used 
as evidence that the marriage was not entered into in good faith.

SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.

    Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 
1184(d)) is amended by striking ``Attorney General'' each place that 
term appears and inserting ``Secretary of Homeland Security''.

SEC. 10. PREEMPTION.

    Nothing in this Act, or the amendments made by this Act, shall 
preempt any State law that provides additional protection for aliens 
who are utilizing the services of an international marriage broker (as 
defined in section 652 of the Omnibus Consolidated Appropriations Act, 
1997 (8 U.S.C. 1375)).
                                 <all>