[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3657 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3657

   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 HOUSE OF REPRESENTATIVES

                           September 6, 2005

  Mr. Larsen of Washington (for himself and Mr. Wolf) introduced the 
  following bill; which was 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; FINDINGS; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Marriage Broker Regulation Act of 2005''.
    (b) Findings.--Congress finds the following:
            (1) There is a substantial international marriage broker 
        business worldwide. A 1999 report by the Immigration and 
        Naturalization Service (INS) estimated that there were at least 
        200 such companies operating in the United States, and that as 
        many as 4,000 to 6,000 individuals in the United States, almost 
        all male, found foreign spouses through for-profit 
        international marriage brokers each year. The international 
        marriage broker business has grown significantly in recent 
        years, greatly facilitated by the Internet. Studies now suggest 
        that 500 such companies operate in the United States. In 
        addition, the total number of foreign fiance(e)s entering the 
        United States each year more than doubled between 1998 and 
        2002. It is currently estimated, then, that at least 8,000 to 
        12,000 individuals in the United States find foreign spouses 
        through for-profit international marriage brokers each year.
            (2) The 1999 INS report notes that ``The pervasiveness of 
        domestic violence in our society has already been documented, 
        and with the burgeoning number of unregulated international 
        matchmaking organizations and clients using their services, the 
        potential for abuse in mail-order marriages is considerable.'' 
        The author of the study commissioned for the 1999 INS report 
        noted further that American men who use the services of an 
        international marriage broker tend to seek relationships with 
        women whom they feel they can control.
            (3) The dangers posed to foreign women who meet their 
        American husbands through international marriage brokers are 
        underscored by the growing number of cases across the United 
        States of foreign women who have been abused or killed by those 
        men. Two highly publicized examples are the murders in 
        Washington State of Susanna Remunerata Blackwell of the 
        Philippines and Anastasia Solovieva King of Kyrgyzstan. In 
        addition, a 2003 survey of programs providing legal services to 
        battered immigrant women across the country found that over 50 
        percent of these programs had served immigrant women clients 
        battered by American men they met through international 
        marriage brokers.
            (4) 30.4 percent of all women in the United States are 
        physically abused by their husbands or male-cohabitants at some 
        point in their lives. 49.3 percent of immigrants reported 
        physical abuse by an intimate partner during their lifetimes 
        with 42.1 percent reporting severe physical or sexual abuse. 
        Among immigrants who were married or formerly married the 
        lifetime abuse rate raises as high as 59.5 percent. 72.3 
        percent of abusive United States citizen or lawful resident 
        spouses never file immigration papers for their abused spouses 
        and the 27.7 percent who eventually do file wait approximately 
        four years to do so. In 1994 Congress included immigration 
        protections in the Violence Against Women Act (``VAWA'') to 
        remove the ability of abusive United States citizens and lawful 
        permanent residents to fully control their alien spouse's 
        ability to gain legal immigration status. By removing the 
        threat of automatic deportation, VAWA aims to enable battered 
        immigrants to take actions to protect themselves and their 
        children, such as filing for a civil protection order, filing 
        criminal charges, or calling the police.
            (5) 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.
            (6) Many individuals entering the United States on K 
        nonimmigrant visas to marry citizens of the United States are 
        unaware of United States laws regarding--
                    (A) domestic violence, including protections for 
                immigrant victims of domestic violence, sexual assault, 
                and stalking;
                    (B) prohibitions on involuntary servitude;
                    (C) protections from automatic deportation; and
                    (D) the role of police and the courts in providing 
                assistance to victims of domestic violence and other 
                crimes.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; findings; table of contents.
Sec. 2. Regulation of international marriage brokers.
Sec. 3. Information about legal rights and resources for immigrant 
                            victims of domestic violence.
Sec. 4. Changes in processing K nonimmigrant visas; consular 
                            confidentiality.
Sec. 5. Study and report.
Sec. 6. Effective date.

SEC. 2. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

    (a) Prohibition on Marketing Children.--An international marriage 
broker shall not provide any United States client or other person with 
the personal contact information, photograph, or general information 
about the background or interests of any individual under the age of 
18.
    (b) Obligation of International Marriage Broker With Respect to 
Informed Consent.--
            (1) Limitation on sharing information about foreign 
        national clients.--An international marriage broker shall not 
        provide any United States client or other person with the 
        personal contact information of any foreign national client or 
        other individual 18 years of age or older unless and until the 
        international marriage broker has--
                    (A) collected certain background information from 
                the United States client or other person to whom the 
                personal contact information would be provided, as 
                specified in subsection (c);
                    (B) provided a copy of that background information 
                to the foreign national client or other individual in 
                the primary language of that client or individual;
                    (C) provided to the foreign national client or 
                other individual in such primary language certain 
                information about legal rights and resources available 
                to immigrant victims of domestic violence and other 
                crimes in the United States, developed under section 3;
                    (D) received from the foreign national client or 
                other individual in such primary language a signed, 
                written consent to release such personal contact 
                information to the specific United States client or 
                other person to whom the personal contact information 
                would be provided; and
                    (E) informed the United States client or other 
                person from whom background information has been 
                collected that, after filing a petition for a K 
                nonimmigrant visa, the United States client or other 
                person will be subject to a criminal background check.
            (2) Confidentiality.--In fulfilling its obligations under 
        this subsection, an international marriage broker shall not 
        disclose the name or locational information of individuals who 
        were granted a restraining or protection order as described in 
        subparagraph (A) of subsection (c)(2), or of any other victims 
        of crimes as described in subparagraphs (B) through (D) of such 
        subsection, but shall disclose the relationship of the United 
        States client or other person to such individuals or victims.
    (c) Obligations of International Marriage Broker With Respect to 
Mandatory Collection of Information.--
            (1) In general.--Each international marriage broker shall 
        collect the background information listed in paragraph (2) from 
        each United States client or other person to whom the personal 
        contact information of a foreign national client or any other 
        individual would be provided. The background information must 
        be in writing and signed (which may be in electronic form, such 
        as an electronic signature) by the United States client or 
        other person to whom the personal contact information of a 
        foreign national client or any other individual would be 
        provided.
            (2) Background information.--The background information 
        required to be collected with respect to a United States client 
        or other person under paragraph (1) includes information about 
        each of the following:
                    (A) Any court order restricting the client's or 
                person's physical or other contact with, behavior 
                towards, or communication with another person, 
                including any temporary or permanent civil restraining 
                order or protection order.
                    (B) Any arrest or conviction of the client or 
                person 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, stalking, or any similar activity 
                in violation of Federal, State, or local criminal law.
                    (C) Any arrest or conviction of the client or 
                person for solely, principally, or incidentally 
                engaging in prostitution; or for any direct or indirect 
                attempts to procure prostitutes or persons for the 
                purpose of prostitution; or any receiving, in whole or 
                in part, of the proceeds of prostitution.
                    (D) Any arrest or conviction of the client or 
                person for offenses related to controlled substances or 
                alcohol.
                    (E) Marital history of the client or person, 
                including if the client or individual is currently 
                married, if the client or person has previously been 
                married and how many times, how previous marriages of 
                the client or person were terminated and the date of 
                termination, and if the client or person has previously 
                sponsored an alien to whom the client or person was 
                engaged or married.
                    (F) The ages of any of the client's or person's 
                children under the age of 18.
                    (G) All States in which the client or person has 
                resided since the age of 18.
    (d) Penalties.--
            (1) Federal civil penalty.--
                    (A) Violation.--An international marriage broker 
                that violates subsection (a), (b), or (c) is subject to 
                a civil penalty of not less than $20,000 for each such 
                violation.
                    (B) Procedures for imposition of penalty.--A 
                penalty may be imposed under paragraph (A) by the 
                Secretary of Homeland Security 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.
            (2) Federal criminal penalty.--An international marriage 
        broker that, within the special maritime and territorial 
        jurisdiction of the United States, violates subsection (a), 
        (b), or (c) 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.
            (3) State 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 by an international marriage 
        broker of subsection (a), (b), or (c), 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 with 
        appropriate jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with this section; or
                    (C) obtain damages.
            (4) Additional remedies.--The penalties and remedies under 
        this subsection are in addition to any other penalties or 
        remedies available under law.
    (e) Nonpreemption.--Nothing in this section shall preempt--
            (1) any State law that provides additional protections for 
        aliens who are utilizing the services of an international 
        marriage broker or other international matchmaking 
        organization; or
            (2) any other or further right or remedy available under 
        law to any party utilizing the services of an international 
        marriage broker or other international matchmaking 
        organization.
    (f) Definitions.--For purposes of this Act:
            (1) United states client.--The term ``United States 
        client'' means a United States citizen or other individual who 
        resides in the United States and 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 meaning given such 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) 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)).
            (5) 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, and 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.
            (6) 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, 
                matching 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 between United States citizens or 
                        residents and other individuals who may be 
                        aliens, but does not do so as its principal 
                        business, and charges comparable rates to all 
                        individuals it serves regardless of the gender 
                        or country of citizenship or residence of the 
                        individual.
            (7) Personal contact information.--
                    (A) In general.--The term ``personal contact 
                information'' means information or a forum that would 
                permit individuals to contact each other and includes--
                            (i) the name, telephone number, postal 
                        address, electronic mail address, or voice 
                        message mailbox of an individual; or
                            (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.
            (8) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, the Virgin Islands, Guam, and American 
        Samoa.
    (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.

SEC. 3. INFORMATION ABOUT LEGAL RIGHTS AND RESOURCES FOR IMMIGRANT 
              VICTIMS OF DOMESTIC VIOLENCE.

    (a) In General.--The Department of State and the Department of 
Homeland Security shall ensure the consistency and accuracy of 
information disseminated--
            (1) to foreign national clients or other individuals by 
        international marriage brokers pursuant to section 2(b)(1)(C); 
        and
            (2) to beneficiaries of petitions filed by United States 
        citizens for K nonimmigrant visas.
Such departments shall develop the pamphlet working in consultation 
with non-profit, non-governmental immigrant victim advocacy 
organizations with expertise on the legal rights of immigrant victims 
of battery, extreme cruelty, sexual assault and other crimes.
    (b) Information Pamphlet.--The information pamphlet required to be 
developed under subsection (a) shall include information on the 
following:
            (1) The K nonimmigrant visa application process and the 
        marriage-based immigration process, including conditional 
        residence and adjustment of status.
            (2) The requirement that international marriage brokers 
        provide foreign national clients with background information 
        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.
            (3) The illegality of domestic violence, sexual assault, 
        and child abuse in the United States.
            (4) Information on the dynamics of domestic violence.
            (5) Domestic violence and sexual assault services in the 
        United States, including the National Domestic Violence Hotline 
        and the National Sexual Assault Hotline.
            (6) Immigration relief available to immigrant victims of 
        domestic violence, sexual assault, trafficking and other crimes 
        under the Violence Against Women Act, section 101(a)(15)(U) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)), 
        and section 101(a)(15)(T) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(T)).
            (7) The legal rights of immigrant victims of abuse and 
        other crimes in immigration, criminal justice, family law and 
        other matters.
            (8) The obligations of parents to provide child support for 
        children.
            (9) Notice that knowingly entering into marriage for the 
        purpose of evading the immigration laws of the United States 
        constitutes the crime of marriage fraud and carries serious 
        penalties.
    (c) Translation.--
            (1) In general.--In order to best serve the language groups 
        most recruited by international marriage brokers and having the 
        greatest concentration of K nonimmigrant visa applicants, the 
        information pamphlet under this section shall, subject to 
        paragraph (2), be translated by the Department of State and the 
        Department of Homeland Security into the following languages: 
        Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, 
        Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, and 
        Hindi.
            (2) Revision.--The specific languages to which the 
        information pamphlet is translated are subject to change as a 
        result of the report made under section 8.
    (d) Availability and Distribution.--The information pamphlet under 
this subsection shall be made available and distributed as follows:
            (1) To international marriage brokers and victim advocacy 
        organizations.--It shall be made available to any international 
        marriage broker and to any governmental and non-governmental 
        victim advocacy organization.
            (2) To k nonimmigrant visa applicants; posting on nvc 
        website.--It shall be mailed by the National Visa Center to 
        each applicant for a K nonimmigrant visa at the same time that 
        Form DS-3032 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. The pamphlet shall also be posted on the National 
        Visa Center website as well as on the websites of all consular 
        posts processing K nonimmigrant visa applications. In addition, 
        the pamphlet shall be distributed directly to such applicants 
        at all consular interviews for K nonimmigrant visas. If no 
        written translation into the applicant's primary language is 
        available, the consular officer conducting the visa interview 
        shall review the pamphlet with the applicant orally in the 
        applicant's primary language, in addition to distributing the 
        pamphlet to the applicant in English.

SEC. 4. CHANGES IN PROCESSING K NONIMMIGRANT VISAS; CONSULAR 
              CONFIDENTIALITY.

    (a) K Nonimmigrant Visa Processing.--Section 214(d) of the 
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears;
            (2) by inserting ``(1)'' before ``A visa''; and
            (3) by adding at the end the following:
    ``(2) A United States citizen may not file a petition under 
paragraph (1) if there is such a petition filed by that petitioner for 
another alien fiance(e) that is pending or that has been approved and 
is still valid.
    ``(3) The Department of Homeland Security shall provide to the 
Department of State criminal background information on the petitioner 
for a visa under clause (i) or (ii) of section 101(a)(15)(K) to which 
it has access under existing authority in the course of adjudicating 
the petition.
    ``(4) Each petitioner for a visa under clause (i) or (ii) of 
section 101(a)(15)(K) shall provide, as part of the petition and in 
writing and signed under penalty of perjury, information described in 
section 2(c)(2) of the International Marriage Broker Regulation Act of 
2005.
    ``(5) The Secretary of State shall provide that an applicant for a 
visa under clause (i) or (ii) of section 101(a)(15)(K)--
            ``(A) shall be provided, by mail--
                    ``(i) a copy of the petition for such visa 
                submitted by the United States citizen petitioner; and
                    ``(ii) any information that is contained in the 
                background check described in paragraph (3) relating to 
                any court orders, arrests, or convictions described in 
                subparagraphs (A) through (D) of section 2(c)(2) of the 
                International Marriage Broker Regulation Act of 2005;
            ``(B) shall be informed that petitioner information 
        described in subparagraph (A) is based on available records and 
        may not be complete; and
            ``(C) shall be asked in the primary language of the visa 
        applicant whether an international marriage broker has 
        facilitated the relationship between the visa applicant and the 
        United States petitioner and whether that international 
        marriage broker complied with the requirements of section 2 of 
        such Act.
The Secretary also shall provide for the disclosure of such information 
to the visa applicant at the consular interview in the primary language 
of the visa applicant.
    ``(6) The fact that an alien described in clause (i) or (ii) of 
section 101(a)(15)(K) is aware of any information disclosed under 
paragraph (5) shall not be used against the alien in any determination 
of eligibility for relief under this Act or the Violence Against Women 
Act.
    ``(7) In fulfilling the requirements of paragraph (5)(A)(ii), a 
consular officer shall not disclose the name or locational information 
of any person who was granted a restraining or protective order against 
the petitioner, but shall disclose the relationship of the person to 
the petitioner.''.
    (b) Sharing of Certain Information.--Section 222(f) of the 
Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be 
construed to prevent the sharing of information under section 214(d) of 
such Act (8 U.S.C. 1184(d)).
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed after the date of the enactment of this Act.

SEC. 5. STUDY AND REPORT.

    (a) Study.--The Secretary of Homeland Security, through the 
Director of the U.S. Citizenship and Immigration Services, shall 
conduct a study--
            (1) 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 the applicable requirements of this Act;
            (2) that assesses information gathered under this Act from 
        clients and petitioners by international marriage brokers and 
        the U.S. Citizenship and Immigration Services;
            (3) 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 section 2;
            (4) that assesses the accuracy of the criminal background 
        check at identifying past instances of domestic violence; and
            (5) that assesses the extent to which the languages of 
        translation required under section 3(c)(1) continue to 
        accurately reflect the highest markets for recruitment by 
        international marriage brokers and the greatest concentrations 
        of K nonimmigrant visa applicants.
    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Secretary 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 under subsection (a).

SEC. 6. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), section 2 
and the amendments made by section 4 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 of sections 2(b)(1)(C), and section 3 insofar as it relates 
to such requirement, shall first take effect on the date that is 120 
days after the date of the enactment of this Act.
                                 <all>