US International Marriage Broker Regulation Act of 2005
SEC. 831. SHORT TITLE.
This subtitle may be cited as the ''International Marriage
Broker Regulation Act of 2005''.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER
OF ENTRY.
(a) INFORMATION ON CERTAIN CONVICTIONS AND LIMITATION
ON PETITIONS FOR K NONIMMIGRANT PETITIONERS.-
(1) 214(d) AMENDMENT.-Section 214(d) of the Immigration
and Nationality Act (8 U.S.C. 1184(d)) is amended-
(A) by striking ''(d)'' and inserting ''(d)(1)'';
(B) by inserting after the second sentence ''Such
information shall include information on any criminal
convictions of the petitioner for any specified crime.'';
(C) by striking ''Attorney General'' and inserting ''Secretary
of Homeland Security'' each place it appears; and
(D) by adding at the end the following:
''(2)(A) Subject to subparagraphs (B) and (C), a consular officer
may not approve a petition under paragraph (1) unless the officer
has verified that-
''(i) the petitioner has not, previous to the pending petition,
petitioned under paragraph (1) with respect to two or more
applying aliens; and H. R. 3402-108
''(ii) if the petitioner has had such a petition previously
approved, 2 years have elapsed since the filing of such previously
approved petition.
''(B) The Secretary of Homeland Security may, in the Secretary's
discretion, waive the limitations in subparagraph (A) if justification
exists for such a waiver. Except in extraordinary circumstances
and subject to subparagraph (C), such a waiver shall not be granted
if the petitioner has a record of violent criminal offenses against
a person or persons.
''(C)(i) The Secretary of Homeland Security is not limited by
the criminal court record and shall grant a waiver of the condition
described in the second sentence of subparagraph (B) in the case
of a petitioner described in clause (ii).
''(ii) A petitioner described in this clause is a petitioner who
has been battered or subjected to extreme cruelty and who is
or was not the primary perpetrator of violence in the relationship
upon a determination that-
''(I) the petitioner was acting in self-defense;
''(II) the petitioner was found to have violated a protection
order intended to protect the petitioner; or
''(III) the petitioner committed, was arrested for, was convicted
of, or pled guilty to committing a crime that did not
result in serious bodily injury and where there was a connection
between the crime and the petitioner's having been battered
or subjected to extreme cruelty.
''(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible evidence
relevant to the application. The determination of what evidence
is credible and the weight to be given that evidence shall be within
the sole discretion of the Secretary.
''(3) In this subsection:
''(A) The terms 'domestic violence', 'sexual assault', 'child
abuse and neglect', 'dating violence', 'elder abuse', and 'stalking'
have the meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
''(B) The term 'specified crime' means the following:
''(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
''(ii) Homicide, murder, manslaughter, rape, abusive
sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude,
slave trade, kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to commit
any of the crimes described in this clause.
''(iii) At least three convictions for crimes relating to
a controlled substance or alcohol not arising from a single
act.''.
(2) 214(r) AMENDMENT.-Section 214(r) of such Act (8 U.S.C.
1184(r)) is amended-
(A) in paragraph (1), by inserting after the second
sentence ''Such information shall include information on
any criminal convictions of the petitioner for any specified
crime.''; and
(B) by adding at the end the following:
''(4)(A) The Secretary of Homeland Security shall create a database
for the purpose of tracking multiple visa petitions filed for H. R. 3402-109
fianceŽ(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K). Upon approval of a second visa petition under section
101(a)(15)(K) for a fianceŽ(e) or spouse filed by the same United
States citizen petitioner, the petitioner shall be notified by the
Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking database. All subsequent
fianceŽ(e) or spouse nonimmigrant visa petitions filed by that
petitioner under such section shall be entered in the database.
''(B)(i) Once a petitioner has had two fianceŽ(e) or spousal petitions
approved under clause (i) or (ii) of section 101(a)(15)(K), if
a subsequent petition is filed under such section less than 10
years after the date the first visa petition was filed under such
section, the Secretary of Homeland Security shall notify both the
petitioner and beneficiary of any such subsequent petition about
the number of previously approved fianceŽ(e) or spousal petitions
listed in the database.
''(ii) A copy of the information and resources pamphlet on
domestic violence developed under section 833(a) of the International
Marriage Broker Regulation Act of 2005 shall be mailed
to the beneficiary along with the notification required in clause
(i).
''(5) In this subsection:
''(A) The terms 'domestic violence', 'sexual assault', 'child
abuse and neglect', 'dating violence', 'elder abuse', and 'stalking'
have the meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
''(B) The term 'specified crime' means the following:
''(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
''(ii) Homicide, murder, manslaughter, rape, abusive
sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude,
slave trade, kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to commit
any of the crimes described in this clause.
''(iii) At least three convictions for crimes relating to
a controlled substance or alcohol not arising from a single
act.''.
(3) EFFECTIVE DATE.-The amendments made by this subsection
shall take effect on the date that is 60 days after
the date of the enactment of this Act.
(b) LIMITATION ON USE OF CERTAIN INFORMATION.-The fact
that an alien described in clause (i) or (ii) of section 101(a)(15)(K)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K))
is aware of any information disclosed under the amendments made
by this section or under section 833 shall not be used to deny
the alien eligibility for relief under any other provision of law.
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR
IMMIGRANTS AND REGULATION OF INTERNATIONAL
MARRIAGE BROKERS.
(a) INFORMATION FOR K NONIMMIGRANTS ON LEGAL RIGHTS
AND RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.-
(1) IN GENERAL.-The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop an information pamphlet, as described H. R. 3402-110
in paragraph (2), on legal rights and resources for immigrant
victims of domestic violence and distribute and make such
pamphlet available as described in paragraph (5). In preparing
such materials, the Secretary of Homeland Security shall consult
with nongovernmental organizations with expertise on the
legal rights of immigrant victims of battery, extreme cruelty,
sexual assault, and other crimes.
(2) INFORMATION PAMPHLET.-The information pamphlet
developed under paragraph (1) shall include information on
the following:
(A) The K nonimmigrant visa application process and
the marriage-based immigration process, including conditional
residence and adjustment of status.
(B) The illegality of domestic violence, sexual assault,
and child abuse in the United States and the dynamics
of domestic violence.
(C) Domestic violence and sexual assault services in
the United States, including the National Domestic
Violence Hotline and the National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse
and other crimes in immigration, criminal justice, family
law, and other matters, including access to protection
orders.
(E) The obligations of parents to provide child support
for children.
(F) Marriage fraud under United States immigration
laws and the penalties for committing such fraud.
(G) A warning concerning the potential use of K nonimmigrant
visas by United States citizens who have a
history of committing domestic violence, sexual assault,
child abuse, or other crimes and an explanation that such
acts may not have resulted in a criminal record for such
a citizen.
(H) Notification of the requirement under subsection
(d)(3)(A) that international marriage brokers provide foreign
national clients with background information gathered
on United States clients from searches of Federal and
State sex offender public registries and 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
because the United States client may not have a criminal
record or may not have truthfully reported their marital
or criminal record.
(3) SUMMARIES.-The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop summaries of the pamphlet developed
under paragraph (1) that shall be used by Federal officials
when reviewing the pamphlet in interviews under subsection
(b).
(4) TRANSLATION.-
(A) IN GENERAL.-In order to best serve the language
groups having the greatest concentration of K nonimmigrant
visa applicants, the information pamphlet developed
under paragraph (1) shall, subject to subparagraph
(B), be translated by the Secretary of State into foreign H. R. 3402-111
languages, including Russian, Spanish, Tagalog, Vietnamese,
Chinese, Ukrainian, Thai, Korean, Polish, Japanese,
French, Arabic, Portuguese, Hindi, and such other
languages as the Secretary of State, in the Secretary's
discretion, may specify.
(B) REVISION.-Every 2 years, the Secretary of Homeland
Security, in consultation with the Attorney General
and the Secretary of State, shall determine at least 14
specific languages into which the information pamphlet
is translated based on the languages spoken by the greatest
concentrations of K nonimmigrant visa applicants.
(5) AVAILABILITY AND DISTRIBUTION.-The information pamphlet
developed under paragraph (1) shall be made available
and distributed as follows:
(A) MAILINGS TO K NONIMMIGRANT VISA APPLICANTS.-
(i) The pamphlet shall be mailed by the Secretary
of State to each applicant for a K nonimmigrant visa
at the same time that the instruction packet regarding
the visa application process 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.
(ii) The Secretary of Homeland Security shall provide
to the Secretary of State, for inclusion in the
mailing under clause (i), a copy of the petition submitted
by the petitioner for such applicant under subsection
(d) or (r) of section 214 of such Act (8 U.S.C.
1184).
(iii) The Secretary of Homeland Security shall provide
to the Secretary of State any criminal background
information the Secretary of Homeland Security possesses
with respect to a petitioner under subsection
(d) or (r) of section 214 of such Act (8 U.S.C. 1184).
The Secretary of State, in turn, shall share any such
criminal background information that is in government
records or databases with the K nonimmigrant visa
applicant who is the beneficiary of the petition. The
visa applicant shall be informed that such criminal
background information is based on available records
and may not be complete. The Secretary of State also
shall provide for the disclosure of such criminal background
information to the visa applicant at the consular
interview in the primary language of the visa
applicant. Nothing in this clause shall be construed
to authorize the Secretary of Homeland Security to
conduct any new or additional criminal background
check that is not otherwise conducted in the course
of adjudicating such petitions.
(B) CONSULAR ACCESS.-The pamphlet developed under
paragraph (1) shall be made available to the public at
all consular posts. The summaries described in paragraph
(3) shall be made available to foreign service officers at
all consular posts.
(C) POSTING ON FEDERAL WEBSITES.-The pamphlet
developed under paragraph (1) shall be posted on the
websites of the Department of State and the Department
of Homeland Security, as well as on the websites of all H. R. 3402-112
consular posts processing applications for K nonimmigrant
visas.
(D) INTERNATIONAL MARRIAGE BROKERS AND VICTIM
ADVOCACY ORGANIZATIONS.-The pamphlet developed under
paragraph (1) shall be made available to any international
marriage broker, government agency, or nongovernmental
advocacy organization.
(6) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBUTION.
-The pamphlet developed under paragraph (1) shall be
distributed and made available (including in the languages
specified under paragraph (4)) not later than 120 days after
the date of the enactment of this Act.
(b) VISA AND ADJUSTMENT INTERVIEWS.-
(1) FIANCEŽ (E)S, SPOUSES AND THEIR DERIVATIVES.-During
an interview with an applicant for a K nonimmigrant visa,
a consular officers shall-
(A) provide information, in the primary language of
the visa applicant, on protection orders or criminal convictions
collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate language
and provide an oral summary, in the primary language
of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity
of the international marriage broker from the applicant
and confirm that the international marriage broker provided
to the applicant the information and materials
required under subsection (d)(3)(A)(iii).
(2) FAMILY-BASED APPLICANTS.-The pamphlet developed
under subsection (a)(1) shall be distributed directly to
applicants for family-based immigration petitions at all consular
and adjustment interviews for such visas. The Department
of State or Department of Homeland Security officer
conducting the interview shall review the summary of the pamphlet
with the applicant orally in the applicant's primary language,
in addition to distributing the pamphlet to the applicant
in English or another appropriate language.
(c) CONFIDENTIALITY.-In fulfilling the requirements of this
section, no official of the Department of State or the Department
of Homeland Security shall disclose to a nonimmigrant visa
applicant the name or contact information of any person who was
granted a protection order or restraining order against the petitioner
or who was a victim of a crime of violence perpetrated
by the petitioner, but shall disclose the relationship of the person
to the petitioner.
(d) REGULATION OF INTERNATIONAL MARRIAGE BROKERS.-
(1) PROHIBITION ON MARKETING CHILDREN.-An international
marriage broker shall not provide any individual or
entity with the personal contact information, photograph, or
general information about the background or interests of any
individual under the age of 18.
(2) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS
WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND
INFORMATION.- H. R. 3402-113
(A) IN GENERAL.-
(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.-
Each international marriage broker shall search the
National Sex Offender Public Registry or State sex
offender public registry, as required under paragraph
(3)(A)(i).
(ii) COLLECTION OF BACKGROUND INFORMATION.-
Each international marriage broker shall also collect
the background information listed in subparagraph (B)
about the United States client to whom the personal
contact information of a foreign national client would
be provided.
(B) BACKGROUND INFORMATION.-The international
marriage broker shall collect a certification signed (in written,
electronic, or other form) by the United States client
accompanied by documentation or an attestation of the
following background information about the United States
client:
(i) Any temporary or permanent civil protection
order or restraining order issued against the United
States client.
(ii) Any Federal, State, or local arrest or conviction
of the United States client 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, or stalking.
(iii) Any Federal, State, or local arrest or conviction
of the United States client for-
(I) solely, principally, or incidentally engaging
in prostitution;
(II) a direct or indirect attempt to procure
prostitutes or persons for the purpose of prostitution;
or
(III) receiving, in whole or in part, of the proceeds
of prostitution.
(iv) Any Federal, State, or local arrest or conviction
of the United States client for offenses related to controlled
substances or alcohol.
(v) Marital history of the United States client,
including whether the client is currently married,
whether the client has previously been married and
how many times, how previous marriages of the client
were terminated and the date of termination, and
whether the client has previously sponsored an alien
to whom the client was engaged or married.
(vi) The ages of any of the United States client's
children who are under the age of 18.
(vii) All States and countries in which the United
States client has resided since the client was 18 years
of age.
(3) OBLIGATION OF INTERNATIONAL MARRIAGE BROKERS WITH
RESPECT TO INFORMED CONSENT.-
(A) LIMITATION ON SHARING INFORMATION ABOUT FOREIGN
NATIONAL CLIENTS.-An international marriage broker H. R. 3402-114
shall not provide any United States client or representative
with the personal contact information of any foreign
national client unless and until the international marriage
broker has-
(i) performed a search of the National Sex Offender
Public Registry, or of the relevant State sex offender
public registry for any State not yet participating in
the National Sex Offender Public Registry in which
the United States client has resided during the previous
20 years, for information regarding the United
States client;
(ii) collected background information about the
United States client required under paragraph (2);
(iii) provided to the foreign national client-
(I) in the foreign national client's primary language,
a copy of any records retrieved from the
search required under paragraph (2)(A)(i) or documentation
confirming that such search retrieved
no records;
(II) in the foreign national client's primary
language, a copy of the background information
collected by the international marriage broker
under paragraph (2)(B); and
(III) in the foreign national client's primary
language (or in English or other appropriate language
if there is no translation available into the
client's primary language), the pamphlet developed
under subsection (a)(1); and
(iv) received from the foreign national client a
signed, written consent, in the foreign national client's
primary language, to release the foreign national client's
personal contact information to the specific
United States client.
(B) CONFIDENTIALITY.-In fulfilling the requirements
of this paragraph, an international marriage broker shall
disclose the relationship of the United States client to
individuals who were issued a protection order or
restraining order as described in clause (i) of paragraph
(2)(B), or of any other victims of crimes as described in
clauses (ii) through (iv) of such paragraph, but shall not
disclose the name or location information of such individuals.
(C) PENALTY FOR MISUSE OF INFORMATION.-A person
who knowingly discloses, uses, or causes to be used any
information obtained by an international marriage broker
as a result of the obligations imposed on it under paragraph
(2) and this paragraph for any purpose other than the
disclosures required under this paragraph shall be fined
in accordance with title 18, United States Code, or imprisoned
not more than 1 year, or both. These penalties are
in addition to any other civil or criminal liability under
Federal or State law which a person may be subject to
for the misuse of that information, including to threaten,
intimidate, or harass any individual. Nothing in this section
shall prevent the disclosure of such information to law
enforcement or pursuant to a court order. H. R. 3402-115
(4) LIMITATION ON DISCLOSURE.-An international marriage
broker shall not provide the personal contact information of
any foreign national client to any person or entity other than
a United States client. Such information shall not be disclosed
to potential United States clients or individuals who are being
recruited to be United States clients or representatives.
(5) PENALTIES.-
(A) FEDERAL CIVIL PENALTY.-
(i) VIOLATION.-An international marriage broker
that violates (or attempts to violate) paragraph (1),
(2), (3), or (4) is subject to a civil penalty of not less
than $5,000 and not more than $25,000 for each such
violation.
(ii) PROCEDURES FOR IMPOSITION OF PENALTY.-
A penalty may be imposed under clause (i) by the
Attorney General 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 (popularly known as the Administrative Procedure
Act).
(B) FEDERAL CRIMINAL PENALTY.-In circumstances in
or affecting interstate or foreign commerce, an international
marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates (or
attempts to violate) paragraph (1), (2), (3), or (4) shall
be fined in accordance with title 18, United States Code,
or imprisoned for not more than 5 years, or both.
(C) ADDITIONAL REMEDIES.-The penalties and remedies
under this subsection are in addition to any other
penalties or remedies available under law.
(6) NONPREEMPTION.-Nothing in this subsection shall preempt
-
(A) any State law that provides additional protections
for aliens who are utilizing the services of an international
marriage broker; or
(B) any other or further right or remedy available
under law to any party utilizing the services of an international
marriage broker.
(7) EFFECTIVE DATE.-
(A) IN GENERAL.-Except as provided in subparagraph
(B), this subsection 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 for the distribution of the pamphlet
developed under subsection (a)(1) shall not apply
until 30 days after the date of its development and initial
distribution under subsection (a)(6).
(e) DEFINITIONS.-In this section:
(1) CRIME OF VIOLENCE.-The term ''crime of violence'' has
the meaning given such term in section 16 of title 18, United
States Code.
(2) DOMESTIC VIOLENCE.-The term ''domestic violence'' has
the meaning given such term in section 3 of this Act.
(3) 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 H. R. 3402-116
international marriage broker. Such term 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 and any alien recruited by an international marriage
broker or representative of such broker.
(4) 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, matchmaking 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 if its
principal business is not to provide international dating
services between United States citizens or United
States residents and foreign nationals and it charges
comparable rates and offers comparable services to
all individuals it serves regardless of the individual's
gender or country of citizenship.
(5) 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)).
(6) PERSONAL CONTACT INFORMATION.-
(A) IN GENERAL.-The term ''personal contact information''
means information, or a forum to obtain such information,
that would permit individuals to contact each other,
including-
(i) the name or residential, postal, electronic mail,
or instant message address of an individual;
(ii) the telephone, pager, cellphone, or fax number,
or voice message mailbox of an individual; or
(iii) 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.
(7) REPRESENTATIVE.-The term ''representative'' means,
with respect to an international marriage broker, the person
or entity acting on behalf of such broker. Such a representative
may be a recruiter, agent, independent contractor, or other
international marriage broker or other person conveying
information about or to a United States client or foreign
national client, whether or not the person or entity receives
remuneration. H. R. 3402-117
(8) STATE.-The term ''State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
(9) UNITED STATES.-The term ''United States'', when used
in a geographic sense, includes all the States.
(10) UNITED STATES CLIENT.-The term ''United States
client'' means a United States citizen or other individual who
resides in the United States and who utilizes the services
of an international marriage broker, if a payment is made
or a debt is incurred to utilize such services.
(f) GAO STUDY AND REPORT.-
(1) STUDY.-The Comptroller General of the United States
shall conduct a study-
(A) on the impact of this section and section 832 on
the K nonimmigrant visa process, including specifically-
(i) annual numerical changes in petitions for K
nonimmigrant visas;
(ii) the annual number (and percentage) of such
petitions that are denied under subsection (d)(2) or
(r) of section 214 of the Immigration and Nationality
Act (8 U.S.C. 1184), as amended by this Act;
(iii) the annual number of waiver applications submitted
under such a subsection, the number (and
percentage) of such applications granted or denied,
and the reasons for such decisions;
(iv) the annual number (and percentage) of cases
in which the criminal background information collected
and provided to the applicant as required by subsection
(a)(5)(A)(iii) contains one or more convictions;
(v) the annual number and percentage of cases
described in clause (iv) that were granted or were
denied waivers under section 214(d)(2) of the Immigration
and Nationality Act, as amended by this Act;
(vi) the annual number of fianceŽ(e) and spousal
K nonimmigrant visa petitions or family-based
immigration petitions filed by petitioners or applicants
who have previously filed other fianceŽ(e) or spousal
K nonimmigrant visa petitions or family-based
immigration petitions;
(vii) the annual number of fianceŽ(e) and spousal
K nonimmigrant visa petitions or family-based
immigration petitions filed by petitioners or applicants
who have concurrently filed other fianceŽ(e) or spousal
K nonimmigrant visa petitioners or family-based
immigration petitions; and
(viii) the annual and cumulative number of petitioners
and applicants tracked in the multiple filings
database established under paragraph (4) of section
214(r) of the Immigration and Nationality Act, as
added by this Act;
(B) regarding the number of international marriage
brokers doing business in the United States, the number
of marriages resulting from the services provided, and the
extent of compliance with the applicable requirements of
this section;
(C) that assesses the accuracy and completeness of
information gathered under section 832 and this section H. R. 3402-118
from clients and petitioners by international marriage brokers,
the Department of State, or the Department of Homeland
Security;
(D) that examines, based on the information gathered,
the extent to which persons with a history of violence
are using either the K nonimmigrant visa process or the
services of international marriage brokers, or both, and
the extent to which such persons are providing accurate
and complete information to the Department of State or
the Department of Homeland Security and to international
marriage brokers in accordance with subsections (a) and
(d)(2)(B); and
(E) that assesses the accuracy and completeness of
the criminal background check performed by the Secretary
of Homeland Security at identifying past instances of
domestic violence.
(2) REPORT.-Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall submit to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a
report setting forth the results of the study conducted under
paragraph (1).
(3) DATA COLLECTION.-The Secretary of Homeland Security
and the Secretary of State shall collect and maintain the
data necessary for the Comptroller General of the United States
to conduct the study required by paragraph (1).
(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. 834. 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
regarding a United States petitioner for a visa under clause (i)
or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K))
for the limited purposes of fulfilling disclosure obligations imposed
by the amendments made by section 832(a) or by section 833,
including reporting obligations of the Comptroller General of the
United States under section 833(f).
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