[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.
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