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 Proce-
dure 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 rem-
edies under this subsection are in addition to any other 
penalties or remedies available under law. 
(6) NONPREEMPTION.—Nothing in this subsection shall pre-
empt— 
(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 inter-
national 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 PAM-
PHLET.—The requirement for the distribution of the pam-
phlet 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, indi-
vidual, 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 facili-
tating 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 informa-
tion’’ means information, or a forum to obtain such informa-
tion, 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 photo-
graph 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 sub-
mitted 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 Immigra-
tion 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 peti-
tioners 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 bro-
kers, the Department of State, or the Department of Home-
land 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 enact-
ment of this Act, the Comptroller General shall submit to 
the Committee on the Judiciary of the Senate and the Com-
mittee 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 Secu-
rity and the Secretary of State shall collect and maintain the 
data necessary for the Comptroller General of the United States 
to conduct the study required by paragraph (1). 
(g) REPEAL OF MAIL-ORDER BRIDE PROVISION.—Section 652 of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104–208; 8 U.S.C. 1375) is 
hereby repealed. 
SEC. 834. SHARING OF CERTAIN INFORMATION. 
Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 
1202(f)) shall not be construed to prevent the sharing of information 
regarding a United States petitioner for a visa under clause (i) 
or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) 
for the limited purposes of fulfilling disclosure obligations imposed 
by the amendments made by section 832(a) or by section 833, 
including reporting obligations of the Comptroller General of the 
United States under section 833(f). 
TITLE IX—SAFETY FOR INDIAN WOMEN 
SEC. 901. FINDINGS. 
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 
the third leading cause of death of Indian females aged 15
H. R. 3402—119
to 34, and 75 percent were killed by family members or 
acquaintances; 
(5) Indian tribes require additional criminal justice and 
victim services resources to respond to violent assaults against 
women; and 
(6) the unique legal relationship of the United States to 
Indian tribes creates a Federal trust responsibility to assist 
tribal governments in safeguarding the lives of Indian women. 
SEC. 902. PURPOSES. 
The purposes of this title are— 
(1) to decrease the incidence of violent crimes against 
Indian women; 
(2) to strengthen the capacity of Indian tribes to exercise 
their sovereign authority to respond to violent crimes committed 
against Indian women; and 
(3) to ensure that perpetrators of violent crimes committed 
against Indian women are held accountable for their criminal 
behavior. 
SEC. 903. CONSULTATION. 
(a) IN GENERAL.—The Attorney General shall conduct annual 
consultations with Indian tribal governments concerning the Fed-
eral administration of tribal funds and programs established under 
this Act, the Violence Against Women Act of 1994 (title IV of 
Public Law 103–322; 108 Stat. 1902) and the Violence Against 
Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 
1491). 
(b) RECOMMENDATIONS.—During consultations under subsection 
(a), the Secretary of the Department of Health and Human Services 
and the Attorney General shall solicit recommendations from Indian 
tribes concerning— 
(1) administering tribal funds and programs; 
(2) enhancing the safety of Indian women from domestic 
violence, dating violence, sexual assault, and stalking; and 
(3) strengthening the Federal response to such violent 
crimes. 
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN 
WOMEN. 
(a) NATIONAL BASELINE STUDY.— 
(1) IN GENERAL.—The National Institute of Justice, in con-
sultation with the Office on Violence Against Women, shall 
conduct a national baseline study to examine violence against 
Indian women in Indian country. 
(2) SCOPE.— 
(A) IN GENERAL.—The study shall examine violence 
committed against Indian women, including— 
(i) domestic violence; 
(ii) dating violence; 
(iii) sexual assault; 
(iv) stalking; and 
(v) murder. 
(B) EVALUATION.—The study shall evaluate the 
effectiveness of Federal, State, tribal, and local responses 
to the violations described in subparagraph (A) committed 
against Indian women.
H. R. 3402—120
(C) RECOMMENDATIONS.—The study shall propose rec-
ommendations to improve the effectiveness of Federal, 
State, tribal, and local responses to the violation described 
in subparagraph (A) committed against Indian women. 
(3) TASK FORCE.— 
(A) IN
GENERAL.—The Attorney General, acting 
through the Director of the Office on Violence Against 
Women, shall establish a task force to assist in the develop-
ment and implementation of the study under paragraph 
(1) and guide implementation of the recommendation in 
paragraph (2)(C). 
(B) MEMBERS.—The Director shall appoint to the task 
force representatives from— 
(i) national tribal domestic violence and sexual 
assault nonprofit organizations; 
(ii) tribal governments; and 
(iii) the national tribal organizations. 
(4) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Attorney General shall submit to the 
Committee on Indian Affairs of the Senate, the Committee 
on the Judiciary of the Senate, and the Committee on the 
Judiciary of the House of Representatives a report that 
describes the study. 
(5) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section $1,000,000 
for each of fiscal years 2007 and 2008, to remain available 
until expended. 
(b) INJURY STUDY.— 
(1) IN
GENERAL.—The Secretary of Health and Human 
Services, acting through the Indian Health Service and the 
Centers for Disease Control and Prevention, shall conduct a 
study to obtain a national projection of— 
(A) the incidence of injuries and homicides resulting 
from domestic violence, dating violence, sexual assault, or 
stalking committed against American Indian and Alaska 
Native women; and 
(B) the cost of providing health care for the injuries 
described in subparagraph (A). 
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary of Health and Human Services 
shall submit to the Committee on Indian Affairs of the Senate, 
the Committee on the Judiciary of the Senate, and the Com-
mittee on the Judiciary of the House of Representatives a 
report that describes the findings made in the study and rec-
ommends health care strategies for reducing the incidence and 
cost of the injuries described in paragraph (1). 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section $500,000 for 
each of fiscal years 2007 and 2008, to remain available until 
expended. 
SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN. 
(a) ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.—
Section 534 of title 28, United States Code, is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following:
H. R. 3402—121
‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The Attorney Gen-
eral shall permit Indian law enforcement agencies, in cases of 
domestic violence, dating violence, sexual assault, and stalking, 
to enter information into Federal criminal information databases 
and to obtain information from the databases.’’. 
(b) TRIBAL REGISTRY.— 
(1) ESTABLISHMENT.—The Attorney General shall contract 
with any interested Indian tribe, tribal organization, or tribal 
nonprofit organization to develop and maintain— 
(A) a national tribal sex offender registry; and 
(B) a tribal protection order registry containing civil 
and criminal orders of protection issued by Indian tribes 
and participating jurisdictions. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section $1,000,000 
for each of fiscal years 2007 through 2011, to remain available 
until expended. 
SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 
(a) IN GENERAL.—Part T of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 
‘‘(a) GRANTS.—The Attorney General may make grants to Indian 
tribal governments and tribal organizations to— 
‘‘(1) develop and enhance effective governmental strategies 
to curtail violent crimes against and increase the safety of 
Indian women consistent with tribal law and custom; 
‘‘(2) increase tribal capacity to respond to domestic violence, 
dating violence, sexual assault, and stalking crimes against 
Indian women; 
‘‘(3) strengthen tribal justice interventions including tribal 
law enforcement, prosecution, courts, probation, correctional 
facilities; 
‘‘(4) enhance services to Indian women victimized by 
domestic violence, dating violence, sexual assault, and stalking; 
‘‘(5) work in cooperation with the community to develop 
education and prevention strategies directed toward issues of 
domestic violence, dating violence, and stalking programs and 
to address the needs of children exposed to domestic violence; 
‘‘(6) provide programs for supervised visitation and safe 
visitation exchange of children in situations involving domestic 
violence, sexual assault, or stalking committed by one parent 
against the other with appropriate security measures, policies, 
and procedures to protect the safety of victims and their chil-
dren; and 
‘‘(7) provide transitional housing for victims of domestic 
violence, dating violence, sexual assault, or stalking, including 
rental or utilities payments assistance and assistance with 
related expenses such as security deposits and other costs inci-
dental to relocation to transitional housing, and support serv-
ices to enable a victim of domestic violence, dating violence, 
sexual assault, or stalking to locate and secure permanent 
housing and integrate into a community. 
‘‘(b) COLLABORATION.—All applicants under this section shall 
demonstrate their proposal was developed in consultation with a 
nonprofit, nongovernmental Indian victim services program,
H. R. 3402—122
including sexual assault and domestic violence victim services pro-
viders in the tribal or local community, or a nonprofit tribal 
domestic violence and sexual assault coalition to the extent that 
they exist. In the absence of such a demonstration, the applicant 
may meet the requirement of this subsection through consultation 
with women in the community to be served. 
‘‘(c) NONEXCLUSIVITY.—The Federal share of a grant made 
under this section may not exceed 90 percent of the total costs 
of the project described in the application submitted, except that 
the Attorney General may grant a waiver of this match requirement 
on the basis of demonstrated financial hardship. Funds appropriated 
for the activities of any agency of an Indian tribal government 
or of the Bureau of Indian Affairs performing law enforcement 
functions on any Indian lands may be used to provide the non-
Federal share of the cost of programs or projects funded under 
this section.’’. 
(b) AUTHORIZATION OF FUNDS FROM GRANTS TO COMBAT VIO-
LENT CRIMES AGAINST WOMEN.—Section 2007(b)(1) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–
1(b)(1)) is amended to read as follows: 
‘‘(1) Ten percent shall be available for grants under the 
program authorized in section 2007. The requirements of this 
part shall not apply to funds allocated for such program.’’. 
(c) AUTHORIZATION OF FUNDS FROM GRANTS TO ENCOURAGE 
STATE POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PRO-
GRAM.—Section 2101 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796hh) is amended by striking 
subsection (e) and inserting the following: 
‘‘(e) Not less than 10 percent of the total amount available 
under this section for each fiscal year shall be available for grants 
under the program authorized in section 2007. The requirements 
of this part shall not apply to funds allocated for such program.’’. 
(d) AUTHORIZATION OF FUNDS FROM RURAL DOMESTIC VIOLENCE 
AND CHILD ABUSE ENFORCEMENT ASSISTANCE GRANTS.—Subsection 
40295(c) of the Violence Against Women Act of 1994 (42 U.S.C. 
13971(c)(3)) is amended by striking paragraph (3) and inserting 
the following: 
‘‘(3) Not less than 10 percent of the total amount available 
under this section for each fiscal year shall be available for 
grants under the program authorized in section 2007 of the 
Omnibus Crime Control and Safe Streets Act of 1968. The 
requirements of this paragraph shall not apply to funds allo-
cated for such program.’’. 
(e) AUTHORIZATION OF FUNDS FROM THE SAFE HAVENS FOR 
CHILDREN PROGRAM.—Section 1301 of the Violence Against Women 
Act of 2000 (42 U.S.C. 10420) is amended by striking subsection 
(f) and inserting the following: 
‘‘(f) Not less than 10 percent of the total amount available 
under this section for each fiscal year shall be available for grants 
under the program authorized in section 2007 of the Omnibus 
Crime Control and Safe Streets Act of 1968. The requirements 
of this subsection shall not apply to funds allocated for such pro-
gram.’’. 
(f) AUTHORIZATION OF FUNDS FROM THE TRANSITIONAL HOUSING 
ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, 
STALKING, OR SEXUAL ASSAULT PROGRAM.—Section 40299(g) of the
H. R. 3402—123
Violence Against Women Act of 1994 (42 U.S.C. 13975(g)) is 
amended by adding at the end the following: 
‘‘(4) TRIBAL PROGRAM.—Not less than 10 percent of the 
total amount available under this section for each fiscal year 
shall be available for grants under the program authorized 
in section 2007 of the Omnibus Crime Control and Safe Streets 
Act of 1968. The requirements of this paragraph shall not 
apply to funds allocated for such program.’’. 
(g) AUTHORIZATION OF FUNDS FROM THE LEGAL ASSISTANCE 
FOR VICTIMS IMPROVEMENTS PROGRAM.—Section 1201(f) of the 
Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6) is 
amended by adding at the end the following: 
‘‘(4) Not less than 10 percent of the total amount available 
under this section for each fiscal year shall be available for 
grants under the program authorized in section 2007 of the 
Omnibus Crime Control and Safe Streets Act of 1968. The 
requirements of this paragraph shall not apply to funds allo-
cated for such program.’’. 
SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST 
WOMEN. 
Part T of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg et seq.), as amended by section 
906, is amended by adding at the end the following: 
‘‘SEC. 2008. TRIBAL DEPUTY. 
‘‘(a) ESTABLISHMENT.—There is established in the Office on 
Violence Against Women a Deputy Director for Tribal Affairs. 
‘‘(b) DUTIES.— 
‘‘(1) IN GENERAL.—The Deputy Director shall under the 
guidance and authority of the Director of the Office on Violence 
Against Women— 
‘‘(A) oversee and manage the administration of grants 
to and contracts with Indian tribes, tribal courts, tribal 
organizations, or tribal nonprofit organizations; 
‘‘(B) ensure that, if a grant under this Act or a contract 
pursuant to such a grant is made to an organization to 
perform services that benefit more than 1 Indian tribe, 
the approval of each Indian tribe to be benefitted shall 
be a prerequisite to the making of the grant or letting 
of the contract; 
‘‘(C) coordinate development of Federal policy, proto-
cols, and guidelines on matters relating to violence against 
Indian women; 
‘‘(D) advise the Director of the Office on Violence 
Against 
Women 
concerning 
policies, 
legislation, 
implementation of laws, and other issues relating to 
violence against Indian women; 
‘‘(E) represent the Office on Violence Against Women 
in the annual consultations under section 903; 
‘‘(F) provide technical assistance, coordination, and 
support to other offices and bureaus in the Department 
of Justice to develop policy and to enforce Federal laws 
relating to violence against Indian women, including 
through litigation of civil and criminal actions relating 
to those laws;