H. R. 3402

One Hundred Ninth Congress of the

United States of America

An Act

To authorize appropriations for the Department of Justice for fiscal years 2006

through 2009, and for other purposes.

This Act may be cited as the ‘‘Violence Against Women and

Department of Justice Reauthorization Act of 2005’’.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Universal definitions and grant provisions.

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO

COMBAT VIOLENCE AGAINST WOMEN

Sec. 101. Stop grants improvements.

Sec. 102. Grants to encourage arrest and enforce protection orders improvements.

Sec. 103. Legal Assistance for Victims improvements.

Sec. 104. Ensuring crime victim access to legal services.

Sec. 105. The Violence Against Women Act court training and improvements.

Sec. 106. Full faith and credit improvements.

Sec. 107. Privacy protections for victims of domestic violence, dating violence, sexual

violence, and stalking.

Sec. 108. Sex offender management.

Sec. 109. Stalker database.

Sec. 110. Federal victim assistants reauthorization.

Sec. 111. Grants for law enforcement training programs.

Sec. 112. Reauthorization of the court-appointed special advocate program.

Sec. 113. Preventing cyberstalking.

Sec. 114. Criminal provision relating to stalking.

Sec. 115. Repeat offender provision.

Sec. 116. Prohibiting dating violence.

Sec. 117. Prohibiting violence in special maritime and territorial jurisdiction.

Sec. 118. Updating protection order definition.

Sec. 119. GAO study and report.

Sec. 120. Grants for outreach to underserved populations.

Sec. 121. Enhancing culturally and linguistically specific services for victims of domestic

violence, dating violence, sexual assault, and stalking.

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

Sec. 201. Findings.

Sec. 202. Sexual assault services program.

Sec. 203. Amendments to the Rural Domestic Violence and Child Abuse Enforcement

Assistance Program.

Sec. 204. Training and services to end violence against women with disabilities.

Sec. 205. Training and services to end violence against women in later life.

Sec. 206. Strengthening the National Domestic Violence Hotline.

H. R. 3402—2

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF

VIOLENCE

Sec. 301. Findings.

Sec. 302. Rape prevention and education.

Sec. 303. Services, education, protection, and justice for young victims of violence.

Sec. 304. Grants to combat violent crimes on campuses.

Sec. 305. Juvenile justice.

Sec. 306. Safe havens.

TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING

VIOLENCE

Sec. 401. Preventing violence against women and children.

Sec. 403. Public Awareness Campaign.

Sec. 402. Study conducted by the Centers for Disease Control and Prevention.

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

STALKING

Sec. 501. Findings.

Sec. 502. Purpose.

Sec. 503. Training and education of health professionals in domestic and sexual violence.

Sec. 504. Grants to foster public health responses to domestic violence, dating violence,

sexual assault, and stalking grants.

Sec. 505. Research on effective interventions in the healthcare setting.

TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED

WOMEN AND CHILDREN

Sec. 601. Addressing the housing needs of victims of domestic violence, dating violence,

sexual assault, and stalking.

Sec. 602. Transitional housing assistance grants for victims of domestic violence,

dating violence, sexual assault, or stalking.

Sec. 603. Public housing authority plans reporting requirement.

Sec. 604. Housing strategies.

Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.

Sec. 606. Amendments to the low-income housing assistance voucher program.

Sec. 607. Amendments to the public housing program.

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

Sec. 701. Grant for National Resource Center on Workplace Responses to assist victims

of domestic and sexual violence.

TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS

Subtitle A—Victims of Crime

Sec. 801. Treatment of spouse and children of victims.

Sec. 802. Presence of victims of a severe form of trafficking in persons.

Sec. 803. Adjustment of status.

Sec. 804. Protection and assistance for victims of trafficking.

Sec. 805. Protecting victims of child abuse.

Subtitle B—VAWA Self-Petitioners

Sec. 811. Definition of VAWA self-petitioner.

Sec. 812. Application in case of voluntary departure.

Sec. 813. Removal proceedings.

Sec. 814. Eliminating abusers’ control over applications and limitation on petitioning

for abusers.

Sec. 815. Application for VAWA-related relief.

Sec. 816. Self-petitioning parents.

Sec. 817. VAWA confidentiality nondisclosure.

Subtitle C—Miscellaneous Amendments

Sec. 821. Duration of T and U visas.

Sec. 822. Technical correction to references in application of special physical presence

and good moral character rules.

Sec. 823. Petitioning rights of certain former spouses under Cuban adjustment.

Sec. 824. Self-petitioning rights of HRIFA applicants.

Sec. 825. Motions to reopen.

H. R. 3402—3

Sec. 826. Protecting abused juveniles.

Sec. 827. Protection of domestic violence and crime victims from certain disclosures

of information.

Sec. 828. Rulemaking.

Subtitle D—International Marriage Broker Regulation

Sec. 831. Short title.

Sec. 832. Access to VAWA protection regardless of manner of entry.

Sec. 833. Domestic violence information and resources for immigrants and regulation

of international marriage brokers.

Sec. 834. Sharing of certain information.

TITLE IX—SAFETY FOR INDIAN WOMEN

Sec. 901. Findings.

Sec. 902. Purposes.

Sec. 903. Consultation.

Sec. 904. Analysis and research on violence against Indian women.

Sec. 905. Tracking of violence against Indian women.

Sec. 906. Grants to Indian tribal governments.

Sec. 907. Tribal deputy in the Office on Violence Against Women.

Sec. 908. Enhanced criminal law resources.

Sec. 909. Domestic assault by an habitual offender.

TITLE X—DNA FINGERPRINTING

Sec. 1001. Short title.

Sec. 1002. Use of opt-out procedure to remove samples from national DNA index.

Sec. 1003. Expanded use of CODIS grants.

Sec. 1004. Authorization to conduct DNA sample collection from persons arrested

or detained under Federal authority.

Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.

TITLE XI—DEPARTMENT OF JUSTICE REAUTHORIZATION

Subtitle A—Authorization of Appropriations

Sec. 1101. Authorization of appropriations for fiscal year 2006.

Sec. 1102. Authorization of appropriations for fiscal year 2007.

Sec. 1103. Authorization of appropriations for fiscal year 2008.

Sec. 1104. Authorization of appropriations for fiscal year 2009.

Sec. 1105. Organized retail theft.

Sec. 1106. United States-Mexico Border Violence Task Force.

Sec. 1107. National Gang Intelligence Center.

Subtitle B—Improving the Department of Justice’s Grant Programs

CHAPTER 1—ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES

Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block

Grant Program.

Sec. 1112. Clarification of number of recipients who may be selected in a given year

to receive Public Safety Officer Medal of Valor.

Sec. 1113. Clarification of official to be consulted by Attorney General in considering

application for emergency Federal law enforcement assistance.

Sec. 1114. Clarification of uses for regional information sharing system grants.

Sec. 1115. Integrity and enhancement of national criminal record databases.

Sec. 1116. Extension of matching grant program for law enforcement armor vests.

CHAPTER 2—BUILDING COMMUNITY CAPACITY TO PREVENT, REDUCE, AND CONTROL

CRIME

Sec. 1121. Office of Weed and Seed Strategies.

CHAPTER 3—ASSISTING VICTIMS OF CRIME

Sec. 1131. Grants to local nonprofit organizations to improve outreach services to

victims of crime.

Sec. 1132. Clarification and enhancement of certain authorities relating to crime

victims fund.

Sec. 1133. Amounts received under crime victim grants may be used by State for

training purposes.

Sec. 1134. Clarification of authorities relating to Violence Against Women formula

and discretionary grant programs.

Sec. 1135. Change of certain reports from annual to biennial.

Sec. 1136. Grants for young witness assistance.

H. R. 3402—4

CHAPTER 4—PREVENTING CRIME

Sec. 1141. Clarification of definition of violent offender for purposes of juvenile

drug courts.

Sec. 1142. Changes to distribution and allocation of grants for drug courts.

Sec. 1143. Eligibility for grants under drug court grants program extended to

courts that supervise non-offenders with substance abuse problems.

Sec. 1144. Term of Residential Substance Abuse Treatment program for local facilities.

Sec. 1145. Enhanced residential substance abuse treatment program for State prisoners.

Sec. 1146. Residential Substance Abuse Treatment Program for Federal facilities.

CHAPTER 5—OTHER MATTERS

Sec. 1151. Changes to certain financial authorities.

Sec. 1152. Coordination duties of Assistant Attorney General.

Sec. 1153. Simplification of compliance deadlines under sex-offender registration

laws.

Sec. 1154. Repeal of certain programs.

Sec. 1155. Elimination of certain notice and hearing requirements.

Sec. 1156. Amended definitions for purposes of Omnibus Crime Control and Safe

Streets Act of 1968.

Sec. 1157. Clarification of authority to pay subsistence payments to prisoners for

health care items and services.

Sec. 1158. Office of Audit, Assessment, and Management.

Sec. 1159. Community Capacity Development Office.

Sec. 1160. Office of Applied Law Enforcement Technology.

Sec. 1161. Availability of funds for grants.

Sec. 1162. Consolidation of financial management systems of Office of Justice Programs.

Sec. 1163. Authorization and change of COPS program to single grant program.

Sec. 1164. Clarification of persons eligible for benefits under public safety officers’

death benefits programs.

Sec. 1165. Pre-release and post-release programs for juvenile offenders.

Sec. 1166. Reauthorization of juvenile accountability block grants.

Sec. 1167. Sex offender management.

Sec. 1168. Evidence-based approaches.

Sec. 1169. Reauthorization of matching grant program for school security.

Sec. 1170. Technical amendments to Aimee’s Law.

Subtitle C—Miscellaneous Provisions

Sec. 1171. Technical amendments relating to Public Law 107–56.

Sec. 1172. Miscellaneous technical amendments.

Sec. 1173. Use of Federal training facilities.

Sec. 1174. Privacy officer.

Sec. 1175. Bankruptcy crimes.

Sec. 1176. Report to Congress on status of United States persons or residents detained

on suspicion of terrorism.

Sec. 1177. Increased penalties and expanded jurisdiction for sexual abuse offenses

in correctional facilities.

Sec. 1178. Expanded jurisdiction for contraband offenses in correctional facilities.

Sec. 1179. Magistrate judge’s authority to continue preliminary hearing.

Sec. 1180. Technical corrections relating to steroids.

Sec. 1181. Prison Rape Commission extension.

Sec. 1182. Longer statute of limitation for human trafficking-related offenses.

Sec. 1183. Use of Center for Criminal Justice Technology.

Sec. 1184. SEARCH Grants.

Sec. 1185. Reauthorization of Law Enforcement Tribute Act.

Sec. 1186. Amendment regarding bullying and gangs.

Sec. 1187. Transfer of provisions relating to the Bureau of Alcohol, Tobacco, Firearms,

and Explosives.

Sec. 1188. Reauthorize the Gang Resistance Education and Training Projects Program.

Sec. 1189. National Training Center.

Sec. 1190. Sense of Congress relating to ‘‘good time’’ release.

Sec. 1191. Public employee uniforms.

Sec. 1192. Officially approved postage.

Sec. 1193. Authorization of additional appropriations.

Sec. 1194. Assistance to courts.

Sec. 1195. Study and report on correlation between substance abuse and domestic

violence at domestic violence shelters.

Sec. 1196. Reauthorization of State Criminal Alien Assistance Program.

H. R. 3402—107

‘‘(i) An alien described in section 101(a)(27)(J) of the Immigration

and Nationality Act who has been battered, abused, neglected,

or abandoned, shall not be compelled to contact the alleged abuser

(or family member of the alleged abuser) at any stage of applying

for special immigrant juvenile status, including after a request

for the consent of the Secretary of Homeland Security under section

101(a)(27)(J)(iii)(I) of such Act.’’.

In developing regulations or guidance with regard to identification

documents, including driver’s licenses, the Secretary of Homeland

Security, in consultation with the Administrator of Social

Security, shall consider and address the needs of victims, including

victims of battery, extreme cruelty, domestic violence, dating

violence, sexual assault, stalking or trafficking, who are entitled

to enroll in State address confidentiality programs, whose addresses

are entitled to be suppressed under State or Federal law or suppressed

by a court order, or who are protected from disclosure

of information pursuant to section 384 of the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).

Not later than 180 days after the date of enactment of this

Act, the Attorney General, the Secretary of Homeland Security,

and the Secretary of State shall promulgate regulations to implement

the provisions contained in the Battered Immigrant Women

Protection Act of 2000 (title V of Public Law 106–386), this Act,

and the amendments made by this Act.

This subtitle may be cited as the ‘‘International Marriage

Broker Regulation Act of 2005’’.

(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

fiance.(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 fiance.(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

fiance.(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 fiance.(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 fiance.(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.

(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) FIANCE. (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 fiance.(e) and spousal

K nonimmigrant visa petitions or family-based

immigration petitions filed by petitioners or applicants

who have previously filed other fiance.(e) or spousal

K nonimmigrant visa petitions or family-based

immigration petitions;

(vii) the annual number of fiance.(e) and spousal

K nonimmigrant visa petitions or family-based

immigration petitions filed by petitioners or applicants

who have concurrently filed other fiance.(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.

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).

Congress finds that—

(1) 1 out of every 3 Indian (including Alaska Native) women

are raped in their lifetimes;

(2) Indian women experience 7 sexual assaults per 1,000,

compared with 4 per 1,000 among Black Americans, 3 per

1,000 among Caucasians, 2 per 1,000 among Hispanic women,

and 1 per 1,000 among Asian women;

(3) Indian women experience the violent crime of battering

at a rate of 23.2 per 1,000, compared with 8 per 1,000 among

Caucasian women;

(4) during the period 1979 through 1992, homicide was