Marriage Service

SEC. 808. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

(a) Implementation of the International Marriage Broker Act of 2005-

(1) FINDINGS- Congress finds the following:

(A) The International Marriage Broker Act of 2005 (subtitle D ofPublic Law 109-162; 119 Stat. 3066) has not been fully implemented with regard to investigating and prosecuting violations of the law, and for other purposes.

(B) Six years after Congress enacted the International Marriage Broker Act of 2005 to regulate the activities of the hundreds of for-profit international marriage brokers operating in the United States, the Attorney General has not determined which component of the Department of Justice will investigate and prosecute violations of such Act.

(2) REPORT- Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that includes the following:

(A) The name of the component of the Department of Justice responsible for investigating and prosecuting violations of the International Marriage Broker Act of 2005 (subtitle D ofPublic Law 109-162; 119 Stat. 3066) and the amendments made by this Act.

(B) A description of the policies and procedures of the Attorney General for consultation with the Secretary of Homeland Security and the Secretary of State in investigating and prosecuting such violations.

(b) Technical Correction- Section 833(a)(2)(H) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking ‘Federal and State sex offender public registries’ and inserting ‘the National Sex Offender Public Website’.

 

(c) Regulation of International Marriage Brokers- Section 833(d) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is amended--

(1) by amending paragraph (1) to read as follows:

‘(1) PROHIBITION ON MARKETING OF OR TO CHILDREN-

‘(A) IN GENERAL- 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.

‘(B) COMPLIANCE- To comply with the requirements of subparagraph (A), an international marriage broker shall--

‘(i) obtain a valid copy of each foreign national client’s birth certificate or other proof of age document issued by an appropriate government entity;

‘(ii) indicate on such certificate or document the date it was received by the international marriage broker;

‘(iii) retain the original of such certificate or document for 7 years after such date of receipt; and

‘(iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.’;

(2) in paragraph (2)--

(A) in subparagraph (A)(i)--

(i) in the heading, by striking ‘REGISTRIES- ’ and inserting ‘WEBSITE- ’; and

(ii) by striking ‘Registry or State sex offender public registry,’ and inserting ‘Website,’; and

(B) in subparagraph (B)(ii), by striking ‘or stalking.’ and inserting ‘stalking, or an attempt to commit any such crime.’;

(3) in paragraph (3)--

(A) in subparagraph (A)--

(i) in clause (i), by striking ‘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,’ and inserting ‘Website’; and

(ii) in clause (iii)(II), by striking ‘background information collected by the international marriage broker under paragraph (2)(B);’ and inserting ‘signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B);’; and

(B) by striking subparagraph (C);

(4) in paragraph (5)--

(A) in subparagraph (A)(ii), by striking ‘A penalty may be imposed under clause (i) by the Attorney General only’ and inserting ‘At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General’;

(B) by amending subparagraph (B) to read as follows:

‘(B) FEDERAL CRIMINAL PENALTIES-

‘(i) FAILURE OF INTERNATIONAL MARRIAGE BROKERS TO COMPLY WITH OBLIGATIONS- Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States--

‘(I) except as provided in subclause (II), 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 1 year, or both; or

‘(II) knowingly violates or attempts to violate paragraphs (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.

‘(ii) 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 a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under paragraph (3) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both.

‘(iii) FRAUDULENT FAILURES OF UNITED STATES CLIENTS TO MAKE REQUIRED SELF-DISCLOSURES- A person who knowingly and with intent to defraud another person outside the United States in order to recruit, solicit, entice, or induce that other person into entering a dating or matrimonial relationship, makes false or fraudulent representations regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection (d)(2)(B), including by failing to make any such disclosures, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both.

‘(iv) RELATIONSHIP TO OTHER PENALTIES- The penalties provided in clauses (i), (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be subject for the misuse of information, including misuse to threaten, intimidate, or harass any individual.

‘(v) CONSTRUCTION- Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforcement or pursuant to a court order.’; and

(C) in subparagraph (C), by striking the period at the end and inserting ‘including equitable remedies.’;

(5) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

(6) by inserting after paragraph (5) the following:

‘(6) ENFORCEMENT-

‘(A) AUTHORITY- The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section.

‘(B) CONSULTATION- The Attorney General shall consult with the Director of the Office on Violence Against Women of the Department of Justice to develop policies and public education designed to promote enforcement of this section.’.

(d) GAO Study and Report- Section 833(f) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f)) is amended--

(1) in the subsection heading, by striking ‘Study and Report- ’ and inserting ‘Studies and Reports- ’; and

(2) by adding at the end the following:

‘(4) CONTINUING IMPACT STUDY AND REPORT-

‘(A) STUDY- The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of section of 214 of the Immigration and Nationality Act (8 U.S.C. 1184) on the process for granting K nonimmigrant visas, including specifically a study of the items described in subparagraphs (A) through (E) of paragraph (1).

‘(B) REPORT- Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2011, 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 subparagraph (A).

‘(C) DATA COLLECTION- The Attorney General, the Secretary of Homeland Security, and the Secretary of State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A).’.






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