[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Senate]
[Pages S9960-S9963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL:
  S. 1455. A bill to regulate international marriage broker activity in 
the United States, to provide for certain protections for individuals 
who utilize services of international marriage brokers, and for other 
services; to the Committee on the Judiciary.
  Ms. CANTWELL. I rise today to introduce the International Marriage 
Broker Regulation Act of 2003. This legislation will provide much 
needed protections for the thousands of foreign women who meet their 
American husbands through for-profit Internet sites and catalogs.
  While mail order bride catalogs may seem like a relic from the past, 
the use of marriage broker services has exploded in recent years with 
the growth of the Internet. While many of these matches result in 
happy, long unions, there is a growing epidemic of domestic abuse among 
couples who meet via international marriage brokers. Immigrant and 
women's advocacy groups across the country report seeing an increase in 
the number of these wives seeking to escape a physically abusive 
husband they met through an IMB. In several cases, the abuse has 
progressed to murder.
  A 1999 study found there were over 200 Internet sites marketing 
foreign women primarily from Eastern Europe and Asia seeking American 
husbands. Recent studies suggest that there are now as many as 400 
currently operating in this country. These sites feature pictures of 
hundreds of women who, according to the Web sites, are looking to meet 
and marry an American man. The international marriage brokers operating 
these sites promise a wife with ``traditional values,'' who will honor 
her husband.
  Unfortunately, women meeting their husbands in this manner frequently 
have little opportunity to get to know their prospective spouses or 
assess their potential for violence. They also have little knowledge of 
their rights as victims of domestic violence in our country even if 
they are not yet citizens or permanent residents.
  In my State of Washington alone there have been three cases of 
serious domestic violence including two murders of women who met their 
husbands through an Internet-based international marriage broker. 
Susanna Blackwell met her husband through an IMB and, in 1994, left her 
native Philippines to move to Washington to marry him. During their 
short marriage, Timothy Blackwell physically abused his wife regularly. 
Within a few months, she had left him and begun divorce proceedings. 
The Blackwells had been separated for more than a year when Timothy 
Blackwell learned Susanna was eight months pregnant with another man's 
child. On the last day of the divorce proceedings, Timothy Blackwell 
shot and killed Susanna, her unborn child, and two friends who were 
waiting outside of the Seattle courtroom.
  In 1999, 18-year-old Anastasia Solovyova married Indle King, a man 
she met through an IMB. Entries from Anastasia's diary detail the abuse 
she suffered and the fear she had of her husband who threatened her 
with death if she were to leave him. In December 2000, Anastasia was 
found strangled to death and buried in a shallow grave in Washington. 
King's accomplice later told police that he strangled Anastasia with a 
necktie while King lay on her chest to keep her from moving. At trial, 
it was discovered that Indle King had previously married another woman 
he met through an internet IMB, who later got a domestic violence 
protection order against him before divorcing him in 1997. It was also 
discovered that he was seeking his third wife through an IMB when he 
and his accomplice developed the plot to kill Anastasia.
  Unfortunately, there are similar examples across the country of women 
who have met their American spouses through an Internet IMB only to be 
seriously injured or killed by an American spouse with a preexisting 
history of violence against women.
  My legislation is modeled on a groundbreaking Washington State law, 
the first State effort to regulate the international matchmaking 
industry. The Washington Legislature took action on this important 
issue after the Blackwell and King cases, and multiple States are 
currently looking at enacting similar legislation.
  The primary goal of my legislation is to better inform women entering 
this country as fiancees and prospective spouses about the past history 
of their prospective spouse and to better inform them of their rights 
as residents of the United States if they become victims of domestic 
violence.
  The bill would first of all halt the current practice of allowing 
Americans to simultaneously seek visas for multiple fiancees, by 
requiring that only one fiancee visa may be sought per applicant each 
year. Currently, multiple request for fiancee visas can be 
simultaneously filed with the Bureau of Citizenship and Immigration, 
and the American requesting the visa will simply choose to marry the 
first woman who is approved.
  Second, my bill would require that, before an IMB may release the 
contact information of a foreign national client, it must first obtain 
her consent to the release of that information and second, provide her 
with information on the rights of victims of domestic violence in this 
country in her own language.
  Third, the IMB would be required to ask American clients to provide 
information on any previous arrest, conviction or court-ordered 
restriction relating to crimes of violence along with their previous 
marital history. This information would also be made available to the 
foreign national.
  Finally, it would require a U.S. citizen seeking a foreign fiancee 
visa to undergo a criminal background check, a check that is already 
performed for the fiancees entering the country

[[Page S9961]]

themselves. Information on convictions and civil orders would be 
relayed to the visa applicant by the consular official along with 
information on their legal rights should they find themselves in an 
abusive relationship.
  Currently, an American seeking to marry someone through an IMB holds 
all of the cards. The American client has the benefit of a complete 
background check on his future wife, a requirement of the immigration 
process. In addition, the IMBs provide clients extensive information 
about the women they offer, everything from their favorite movies and 
hobbies to whether they are sexually promiscuous.

  Conversely, the foreign fiancee' only gets whatever information her 
future spouse wants to share. These women have no way of confirming 
what they are told about previous marriages or relationships or the 
American client's criminal history.
  Researchers describe the typical American client as Caucasian, 
educated, professional, and financially secure. More than half have 
been married once already and express a desire to find a bride with 
more ``traditional values,'' attitudes they feel are not held by many 
American women today.
  Most of the foreign brides advertised by the IMBs come from countries 
where women are oppressed, have a few educational or professional 
opportunities, and where violence against women is condoned, if not 
encouraged. Because of the cultural differences, researchers say there 
is an inherent imbalance of power in these relationships between 
American men and foreign women.
  The men who seek these more traditional wives typically control the 
household finances and make basic decisons like whether the wife will 
have a driver's license, get a job or spend time with friends. Because 
these women often immigrate alone, they have no family or other support 
network and rely on their husbands for everything. Such dependency can 
make it difficult for a wife to report abuse without worrying that 
doing so is a surefire ticket to deportation. Researchers agree that 
isolation and dependency put these women at greater risk of domestic 
abuse.
  Documenting the extent of this problem has been quite difficult. 
Marriages arranged by IMBs are not tracked separately from other 
immigrant marriages. However, experts agree that abuse is more likely 
in such an arranged marriages and that abuse in these relationships is 
likely underreported since the women are likely to be more afraid of 
deportation than the abuse they suffer at home.
  Attempting to get a handle on the problem, the Immigration and 
Naturalization Service commissioned a study of the industry in 1999. 
The INS study estimated that there are more than 200 IMBs operating 
around the globe, arranging between 4,000 and 6,000 marriages between 
American men and foreign women every year. Experts today put the number 
of IMBs at nearly 500 worldwide. And based on the 1999 statistics, 
there are between 20,000 and 30,000 women who have entered the U.S. 
using an IMB in the past 5 years. While there are a few IMBs aimed at 
female clients, the overwhelming majority of people who seek IMB 
services are men.
  IMBs also are being used as a cover for those seeking servants. That 
is what happened to Helen Clemente, a Filipina brought to the U.S. by 
retired Seattle-area police officer Eldon Doty and his wife, Sally. 
Eldon and Sally Doty had divorced to allow Eldon to marry Helen 
Clemente. However, Eldon and Sally Doty continued to live as man and 
wife, forcing Helene Clemente to work as their servant. After 3 years, 
Helen ran way. The Dotys have worked with INS in exchange for de facto 
immunity, while Helen Clemente continues to fight deportation.
  It is critical for legal immigrants to know that they don't have to 
suffer abuse or work without pay to remain in this country. The 
Violence Against Women Act provided some safeguards for these female 
immigrants, ensuring that in cases of abuse a woman's immigration 
petition may proceed without the sponsorship of her abuser. That 
important legislation provided protections for women who come here and 
find themselves in abusive relationships; however, more can and should 
be done.
  My legislation would give foreign financees critical information they 
need to make an informed decision about the person they are going to 
marry. It puts these foreign brides on more equal footing with their 
American grooms.
  My legislation enjoys support from more than 80 organizations and 
advocacy groups across the country, including religious coalitions, 
laws firms, women's rights and social justice groups. I hope my 
colleagues in the Senate will support it as well.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1455

       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

[[Page S9962]]

       ``(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

[[Page S9963]]

     (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)).
                                 ______