[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>