H. R. 3402—111
languages, including Russian, Spanish, Tagalog, Viet-
namese, Chinese, Ukrainian, Thai, Korean, Polish, Japa-
nese, 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 Home-
land 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 pam-
phlet 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 lan-
guage of the applicant or in English if no translation 
into the applicant’s primary language is available. 
(ii) The Secretary of Homeland Security shall pro-
vide to the Secretary of State, for inclusion in the 
mailing under clause (i), a copy of the petition sub-
mitted 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 Security shall pro-
vide to the Secretary of State any criminal background 
information the Secretary of Homeland Security pos-
sesses 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 back-
ground information 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 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 DISTRIBU-
TION.—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 convic-
tions collected under subsection (a)(5)(A)(iii); 
(B) provide a copy of the pamphlet developed under 
subsection (a)(1) in English or another appropriate lan-
guage and provide an oral summary, in the primary lan-
guage 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 pro-
vided 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 con-
sular and adjustment interviews for such visas. The Depart-
ment of State or Department of Homeland Security officer 
conducting the interview shall review the summary of the pam-
phlet with the applicant orally in the applicant’s primary lan-
guage, 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 peti-
tioner 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 inter-
national 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 writ-
ten, 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, man-
slaughter, assault, battery, domestic violence, rape, 
sexual assault, abusive sexual contact, sexual exploi-
tation, incest, child abuse or neglect, torture, traf-
ficking, peonage, holding hostage, involuntary ser-
vitude, 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 prostitu-
tion; or 
(III) receiving, in whole or in part, of the pro-
ceeds of prostitution. 
(iv) Any Federal, State, or local arrest or conviction 
of the United States client for offenses related to con-
trolled 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 FOR-
EIGN 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 pre-
vious 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 lan-
guage, a copy of any records retrieved from the 
search required under paragraph (2)(A)(i) or docu-
mentation 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 lan-
guage 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 cli-
ent’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 individ-
uals. 
(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 impris-
oned 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.