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(A) by striking ‘‘The Attorney General’’ and
inserting ‘‘(a) The Secretary of Homeland Secu-
rity’’;
(B) by inserting ‘‘(subject to subsection
(b))’’ after ‘‘except’’; and
(C) by adding at the end the following:
‘‘(b) The exceptions specified in paragraphs (1)
through (4) of subsection (a) shall not apply to a change
of nonimmigrant classification to that of a nonimmigrant
under subparagraph (T) or (U) of section 101(a)(15).’’.
(2) 
CONFORMING
AMENDMENT.—Section
214(l)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1184(l)(2)(A)) is amended by striking
‘‘248(2)’’ and inserting ‘‘248(a)(2)’’.
SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN AP-
PLICATION OF SPECIAL PHYSICAL PRESENCE
AND GOOD MORAL CHARACTER RULES.
(a) 
PHYSICAL
PRESENCE
RULES.—Section
240A(b)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(2)(B)) is amended—
(1) in the first sentence, by striking ‘‘(A)(i)(II)’’
and inserting ‘‘(A)(ii)’’; and
(2) in the fourth sentence, by striking ‘‘subsection
(b)(2)(B) of this section’’ and inserting ‘‘this subpara-
graph, subparagraph (A)(ii),’’.
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(b) 
MORAL
CHARACTER
RULES.—Section
240A(b)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 
1229b(b)(2)(C)) 
is 
amended 
by 
striking
‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’.
(c) CORRECTION OF CROSS-REFERENCE ERROR IN AP-
PLYING GOOD MORAL CHARACTER.—
(1) IN GENERAL.—Section 101(f)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(f)(3)) is
amended 
by 
striking 
‘‘(9)(A)’’ 
and 
inserting
‘‘(10)(A)’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) shall be effective as if included in sec-
tion 603(a)(1) of the Immigration Act of 1990 (Public
Law 101–649; 104 Stat. 5082).
SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER
SPOUSES UNDER CUBAN ADJUSTMENT.
(a) IN GENERAL.—The first section of Public Law 89–
732 (8 U.S.C. 1255 note) (commonly known as the Cuban
Adjustment Act) is amended—
(1) 
in 
the 
last 
sentence, 
by 
striking
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and
(2) by adding at the end the following: ‘‘An alien
who was the spouse of any Cuban alien described in
this section and has resided with such spouse shall
continue to be treated as such a spouse for 2 years
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after the date on which the Cuban alien dies (or, if
later, 2 years after the date of enactment of Violence
Against Women and Department of Justice Reauthor-
ization Act of 2005), or for 2 years after the date of
termination of the marriage (or, if later, 2 years after
the date of enactment of Violence Against Women and
Department of Justice Reauthorization Act of 2005)
if there is demonstrated a connection between the ter-
mination of the marriage and the battering or ex-
treme cruelty by the Cuban alien.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a)(1) shall take effect as if included in the enact-
ment of the Violence Against Women Act of 2000 (division
B of Public Law 106–386; 114 Stat. 1491).
SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLI-
CANTS.
(a) IN GENERAL.—Section 902(d)(1)(B) of the Hai-
tian Refugee Immigration Fairness Act of 1998 (8 U.S.C.
1255 note) is amended—
(1) in clause (i), by striking ‘‘whose status is ad-
justed to that of an alien lawfully admitted for per-
manent residence’’ and inserting ‘‘who is or was eligi-
ble for classification’’;
(2) in clause (ii), by striking ‘‘whose status is
adjusted to that of an alien lawfully admitted for per-
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manent residence’’ and inserting ‘‘who is or was eligi-
ble for classification’’; and
(3) in clause (iii), by striking ‘‘204(a)(1)(H)’’
and inserting ‘‘204(a)(1)(J)’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a)(3) shall take effect as if included in the enact-
ment of the Violence Against Women Act of 2000 (division
B of Public Law 106–386; 114 Stat. 1491).
SEC. 825. MOTIONS TO REOPEN.
(a) REMOVAL PROCEEDINGS.—Section 240(c)(7) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)),
as redesignated by section 101(d)(1) of the REAL ID Act
of 2005 (division B of Public Law 109–13), is amended—
(1) in subparagraph (A), by inserting ‘‘, except
that this limitation shall not apply so as to prevent
the filing of one motion to reopen described in sub-
paragraph (C)(iv)’’ before the period at the end; and
(2) in subparagraph (C)—
(A) in the heading of clause (iv), by striking
‘‘SPOUSES
AND
CHILDREN’’ 
and 
inserting
‘‘SPOUSES, CHILDREN, AND PARENTS’’;
(B) in the matter before subclause (I) of
clause (iv), by striking ‘‘The deadline specified
in subsection (b)(5)(C) for filing a motion to re-
open does not apply’’ and inserting ‘‘Any limita-
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tion under this section on the deadlines for filing
such motions shall not apply’’;
(C) in clause (iv)(I), by striking ‘‘or section
240A(b)’’ and inserting ‘‘, section 240A(b), or
section 244(a)(3) (as in effect on March 31,
1997)’’;
(D) by striking ‘‘and’’ at the end of clause
(iv)(II);
(E) by striking the period at the end of
clause (iv)(III) and inserting ‘‘; and’’; and
(F) by adding at the end the following:
‘‘(IV) if the alien is physically
present in the United States at the
time of filing the motion.
The filing of a motion to reopen under this
clause shall only stay the removal of a qualified
alien (as defined in section 431(c)(1)(B) of the
Personal Responsibility and Work Opportunity
Reconciliation 
Act 
of 
1996 
(8 
U.S.C.
1641(c)(1)(B)) pending the final disposition of
the motion, including exhaustion of all appeals
if the motion establishes that the alien is a quali-
fied alien.’’.
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(b) DEPORTATION AND EXCLUSION PROCEEDINGS.—
Section 1506(c)(2) of the Violence Against Women Act of
2000 (8 U.S.C. 1229a note) is amended—
(1) by striking subparagraph (A) and inserting
the following:
‘‘(A)(i) IN GENERAL.—Notwithstanding any
limitation imposed by law on motions to reopen
or rescind deportation proceedings under the Im-
migration and Nationality Act (as in effect be-
fore the title III–A effective date in section 309
of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1101
note))—
‘‘(I) there is no time limit on the filing
of a motion to reopen such proceedings, and
the deadline specified in section 242B(c)(3)
of the Immigration and Nationality Act (as
so in effect) (8 U.S.C. 1252b(c)(3)) does not
apply—
‘‘(aa) if the basis of the motion is
to apply for relief under clause (iii) or
(iv) of section 204(a)(1)(A) of the Im-
migration and Nationality Act (8
U.S.C. 1154(a)(1)(A)), clause (ii) or
(iii) of section 204(a)(1)(B) of such Act
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(8 U.S.C. 1154(a)(1)(B)), or section
244(a)(3) of such Act (as so in effect)
(8 U.S.C. 1254(a)(3)); and
‘‘(bb) if the motion is accom-
panied by a suspension of deportation
application to be filed with the Sec-
retary of Homeland Security or by a
copy of the self-petition that will be
filed with the Department of Homeland
Security upon the granting of the mo-
tion to reopen; and
‘‘(II) any such limitation shall not
apply so as to prevent the filing of one mo-
tion 
to 
reopen 
described 
in 
section
240(c)(7)(C)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)).
‘‘(ii) PRIMA FACIE CASE.—The filing of a
motion to reopen under this subparagraph shall
only stay the removal of a qualified alien (as de-
fined in section 431(c)(1)(B) of the Personal Re-
sponsibility and Work Opportunity Reconcili-
ation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pend-
ing the final disposition of the motion, including
exhaustion of all appeals if the motion estab-
lishes that the alien is a qualified alien.’’;
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(2) in subparagraph (B), in the matter pre-
ceding clause (i), by inserting ‘‘who are physically
present in the United States and’’ after ‘‘filed by
aliens’’; and
(3) in subparagraph (B)(i), by inserting ‘‘or ex-
clusion’’ after ‘‘deportation’’.
(c) CERTIFICATION OF COMPLIANCE IN REMOVAL PRO-
CEEDINGS.—
(1) IN GENERAL.—Section 239 of the Immigra-
tion and Nationality Act (8 U.S.C. 1229) is amended
by adding at the end the following new subsection:
‘‘(e) CERTIFICATION OF COMPLIANCE WITH RESTRIC-
TIONS ON DISCLOSURE.—
‘‘(1) IN GENERAL.—In cases where an enforce-
ment action leading to a removal proceeding was
taken against an alien at any of the locations speci-
fied in paragraph (2), the Notice to Appear shall in-
clude a statement that the provisions of section 384
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) have been
complied with.
‘‘(2) LOCATIONS.—The locations specified in this
paragraph are as follows:
‘‘(A) At a domestic violence shelter, a rape
crisis center, supervised visitation center, family
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justice center, a victim services, or victim serv-
ices provider, or a community-based organiza-
tion.
‘‘(B) At a courthouse (or in connection with
that appearance of the alien at a courthouse) if
the alien is appearing in connection with a pro-
tection order case, child custody case, or other
civil or criminal case relating to domestic vio-
lence, sexual assault, trafficking, or stalking in
which the alien has been battered or subject to
extreme cruelty or if the alien is described in
subparagraph (T) or (V) of section 101(a)(15).’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) shall take effect on the date that is 30
days after the date of the enactment of this Act and
shall apply to apprehensions occurring on or after
such date.
SEC. 826. PROTECTING ABUSED JUVENILES.
Section 287 of the Immigration and Nationality Act
(8 U.S.C. 1357), as amended by section 726, is further
amended by adding at the end the following new clause:
‘‘(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
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abuser) at any stage of applying for special immigrant ju-
venile 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.’’.
SEC. 827. PROTECTION OF DOMESTIC VIOLENCE AND
CRIME 
VICTIMS 
FROM 
CERTAIN 
DISCLO-
SURES OF INFORMATION.
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 ad-
dress the needs of victims, including victims of battery, ex-
treme cruelty, domestic violence, dating violence, sexual as-
sault, 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 sup-
pressed by a court order, or who are protected from disclo-
sure of information pursuant to section 384 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1367).
SEC. 828. RULEMAKING.
Not later than 180 days after the date of enactment
of this Act, the Attorney General, the Secretary of Home-
land Security, and the Secretary of State shall promulgate
regulations to implement the provisions contained in the
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Battered Immigrant Women Protection Act of 2000 (title
V of Public Law 106–386), this Act, and the amendments
made by this Act.
Subtitle D—International Marriage
Broker Regulation
SEC. 831. SHORT TITLE.
This subtitle may be cited as the ‘‘International Mar-
riage Broker Regulation Act of 2005’’.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF
MANNER OF ENTRY.
(a) INFORMATION ON CERTAIN CONVICTIONS AND LIM-
ITATION
ON PETITIONS
FOR K NONIMMIGRANT PETI-
TIONERS.—
(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 in-
serting ‘‘Secretary of Homeland Security’’ each
place it appears; and
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(D) by adding at the end the following:
‘‘(2)(A) Subject to subparagraphs (B) and (C), a con-
sular officer may not approve a petition under paragraph
(1) unless the officer has verified that—
‘‘(i) the petitioner has not, previous to the pend-
ing petition, petitioned under paragraph (1) with re-
spect to two or more applying aliens; and
‘‘(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 subpara-
graph (A) if justification exists for such a waiver. Except
in extraordinary circumstances and subject to subpara-
graph (C), such a waiver shall not be granted if the peti-
tioner 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 peti-
tioner who has been battered or subjected to extreme cruelty
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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 subpara-
graph, the Secretary of Homeland Security shall consider
any credible evidence relevant to the application. The deter-
mination 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 as-
sault’, ‘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.
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‘‘(B) The term ‘specified crime’ means the fol-
lowing:
‘‘(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 hos-
tage, involuntary servitude, slave trade, kidnap-
ping, 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 cre-
ate a database for the purpose of tracking multiple visa pe-
titions filed for fiance´(e)s and spouses under clauses (i) and
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(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 infor-
mation 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 peti-
tion was filed under such section, the Secretary of Home-
land Security shall notify both the petitioner and bene-
ficiary 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 pam-
phlet 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 noti-
fication required in clause (i).
‘‘(5) In this subsection:
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‘‘(A) The terms ‘domestic violence’, ‘sexual as-
sault’, ‘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 fol-
lowing:
‘‘(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 hos-
tage, involuntary servitude, slave trade, kidnap-
ping, 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.
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(b) LIMITATION ON USE OF CERTAIN INFORMATION.—
The fact that an alien described in clause (i) or (ii) of sec-
tion 101(a)(15)(K) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(K)) is aware of any information dis-
closed 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 RE-
SOURCES FOR IMMIGRANTS AND REGULA-
TION OF INTERNATIONAL MARRIAGE BRO-
KERS.
(a) INFORMATION FOR K NONIMMIGRANTS ON LEGAL
RIGHTS AND RESOURCES FOR IMMIGRANT VICTIMS OF DO-
MESTIC VIOLENCE.—
(1) IN GENERAL.—The Secretary of Homeland
Security, in consultation with the Attorney General
and the Secretary of State, shall develop an informa-
tion pamphlet, as described in paragraph (2), on
legal rights and resources for immigrant victims of
domestic violence and distribute and make such pam-
phlet available as described in paragraph (5). In pre-
paring such materials, the Secretary of Homeland Se-
curity shall consult with nongovernmental organiza-
tions with expertise on the legal rights of immigrant
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victims of battery, extreme cruelty, sexual assault,
and other crimes.
(2) INFORMATION PAMPHLET.—The information
pamphlet developed under paragraph (1) shall in-
clude information on the following:
(A) The K nonimmigrant visa application
process and the marriage-based immigration
process, including conditional residence and ad-
justment of status.
(B) The illegality of domestic violence, sex-
ual 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 Na-
tional Domestic Violence Hotline and the Na-
tional 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 commit-
ting such fraud.
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(G) A warning concerning the potential use
of K nonimmigrant visas by United States citi-
zens 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
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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 concentra-
tion of K nonimmigrant visa applicants, the in-
formation pamphlet developed under paragraph
(1) shall, subject to subparagraph (B), be trans-
lated by the Secretary of State into foreign lan-
guages, including Russian, Spanish, Tagalog,
Vietnamese, Chinese, Ukrainian, Thai, Korean,
Polish, Japanese, French, Arabic, Portuguese,
Hindi, and such other languages as the Sec-
retary of State, in the Secretary’s discretion,
may specify.
(B) REVISION.—Every 2 years, the Sec-
retary of Homeland Security, in consultation
with the Attorney General and the Secretary of
State, shall determine at least 14 specific lan-
guages into which the information pamphlet is
translated based on the languages spoken by the
greatest concentrations of K nonimmigrant visa
applicants.
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(5) AVAILABILITY AND DISTRIBUTION.—The in-
formation 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 appli-
cant’s primary language is available.
(ii) The Secretary of Homeland Secu-
rity 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 sub-
section (d) or (r) of section 214 of such Act
(8 U.S.C. 1184).
(iii) The Secretary of Homeland Secu-
rity shall provide to the Secretary of State
any criminal background information the
Secretary of Homeland Security possesses
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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 back-
ground information that is in government
records or databases with the K non-
immigrant visa applicant who is the bene-
ficiary of the petition. The visa applicant
shall be informed that such criminal back-
ground information is based on available
records and may not be complete. The Sec-
retary of State also shall provide for the
disclosure of such criminal background in-
formation to the visa applicant at the con-
sular 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 de-
veloped under paragraph (1) shall be made
available to the public at all consular posts. The
summaries described in paragraph (3) shall be
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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 consular posts proc-
essing 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 avail-
able (including in the languages specified under para-
graph (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 DERIVA-
TIVES.—During an interview with an applicant for a
K nonimmigrant visa, a consular officers shall—
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(A) provide information, in the primary
language of the visa applicant, on protection or-
ders or criminal convictions collected under sub-
section (a)(5)(A)(iii);
(B) provide a copy of the pamphlet devel-
oped under subsection (a)(1) in English or an-
other 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 lan-
guage of the applicant, whether an international
marriage broker has facilitated the relationship
between the applicant and the United States pe-
titioner, and, if so, obtain the identity of the
international marriage broker from the appli-
cant and confirm that the international mar-
riage broker provided to the applicant the infor-
mation 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 Depart-
ment of Homeland Security officer conducting the
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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 lan-
guage.
(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 informa-
tion of any person who was granted a protection order or
restraining order against the petitioner or who was a vic-
tim 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 BRO-
KERS.—
(1) PROHIBITION ON MARKETING CHILDREN.—
An international marriage broker shall not provide
any individual or entity with the personal contact in-
formation, photograph, or general information about
the background or interests of any individual under
the age of 18.
(2) REQUIREMENTS
OF
INTERNATIONAL
MAR-
RIAGE BROKERS WITH RESPECT TO MANDATORY COL-
LECTION OF BACKGROUND INFORMATION.—
(A) IN GENERAL.—
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(i) SEARCH OF SEX OFFENDER PUBLIC
REGISTRIES.—Each international marriage
broker shall search the National Sex Of-
fender Public Registry or State sex offender
public registry, as required under para-
graph (3)(A)(i).
(ii) COLLECTION OF BACKGROUND IN-
FORMATION.—Each international marriage
broker shall also collect the background in-
formation listed in subparagraph (B) about
the United States client to whom the per-
sonal contact information of a foreign na-
tional client would be provided.
(B) 
BACKGROUND
INFORMATION.—The
international marriage broker shall collect a cer-
tification signed (in written, electronic, or other
form) by the United States client accompanied
by documentation or an attestation of the fol-
lowing 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
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homicide, murder, manslaughter, assault,
battery, domestic violence, rape, sexual as-
sault, abusive sexual contact, sexual exploi-
tation, incest, child abuse or neglect, tor-
ture, trafficking, peonage, holding hostage,
involuntary servitude, slave trade, kidnap-
ping, abduction, unlawful criminal re-
straint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest
or conviction of the United States client
for—
(I) solely, principally, or inciden-
tally 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
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previously been married and how many
times, how previous marriages of the client
were terminated and the date of termi-
nation, and whether the client has pre-
viously sponsored an alien to whom the cli-
ent 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 inter-
national marriage broker shall not provide any
United States client or representative with the
personal contact information of any foreign na-
tional client unless and until the international
marriage broker has—
(i) performed a search of the National
Sex Offender Public Registry, or of the rel-
evant State sex offender public registry for
any State not yet participating in the Na-
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tional Sex Offender Public Registry in
which the United States client has resided
during the previous 20 years, for informa-
tion 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 re-
quired under paragraph (2)(A)(i) or
documentation confirming that such
search retrieved no records;
(II) in the foreign national cli-
ent’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 cli-
ent’s primary language (or in English
or other appropriate language if there
is no translation available into the cli-
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ent’s primary language), the pamphlet
developed under subsection (a)(1); and
(iv) received from the foreign national
client a signed, written consent, in the for-
eign 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 re-
quirements 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 informa-
tion of such individuals.
(C) PENALTY
FOR
MISUSE
OF
INFORMA-
TION.—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 para-
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graph shall be fined in accordance with title 18,
United States Code, or imprisoned not more
than 1 year, or both. These penalties are in addi-
tion 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 enforce-
ment or pursuant to a court order.
(4) LIMITATION
ON
DISCLOSURE.—An inter-
national marriage broker shall not provide the per-
sonal contact information of any foreign national cli-
ent 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 rep-
resentatives.
(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
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$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 cir-
cumstances 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 at-
tempts 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 addi-
tion to any other penalties or remedies available
under law.
(6) NONPREEMPTION.—Nothing in this sub-
section shall preempt—
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(A) any State law that provides additional
protections for aliens who are utilizing the serv-
ices 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 ef-
fect on the date that is 60 days after the date of
the enactment of this Act.
(B) ADDITIONAL
TIME
ALLOWED
FOR
IN-
FORMATION
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 dis-
tribution 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.
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(3) FOREIGN NATIONAL CLIENT.—The term ‘‘for-
eign 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 resi-
dence and who utilizes the services of an international
marriage broker. Such term includes an alien resid-
ing 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 inter-
national 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 orga-
nized 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 commu-
nication between individuals.
(B) EXCEPTIONS.—Such term does not
include—
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(i) a traditional matchmaking organi-
zation 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 be-
tween United States citizens or United
States residents and foreign nationals and
it charges comparable rates and offers com-
parable services to all individuals it serves
regardless of the individual’s gender or
country of citizenship.
(5) K NONIMMIGRANT VISA.—The term ‘‘K non-
immigrant visa’’ means a nonimmigrant visa under
clause (i) or (ii) of section 101(a)(15)(K) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(K)).
(6) PERSONAL CONTACT INFORMATION.—
(A) IN GENERAL.—The term ‘‘personal con-
tact information’’ means information, or a
forum to obtain such information, that would
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permit individuals to contact each other,
including—
(i) the name or residential, postal, elec-
tronic 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 in-
clude a photograph or general information about
the background or interests of a person.
(7) REPRESENTATIVE.—The term ‘‘representa-
tive’’ means, with respect to an international mar-
riage 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 informa-
tion about or to a United States client or foreign na-
tional client, whether or not the person or entity re-
ceives remuneration.
(8) STATE.—The term ‘‘State’’ includes the Dis-
trict of Columbia, Puerto Rico, the Virgin Islands,
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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 mar-
riage broker, if a payment is made or a debt is in-
curred 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 sec-
tion 832 on the K nonimmigrant visa process,
including specifically—
(i) annual numerical changes in peti-
tions for K nonimmigrant visas;
(ii) the annual number (and percent-
age) 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;