Online Dating and Matchmaking Industry Forums

Heather · Joined: 05 Mar 2009 Posts: 2

For reasons unknown, IMBRA expressly exempts dating sites such as Match.com and Yahoo Personals from the law despite their large vulnerable foreign women memberships. In 2007, this exemption enabled William Trickett Smith, an American, to utilize Match.com to contact Jana Claudia Menendez, a Peruvian, without the condition of providing background information to Match.com prior to enabling free-speech communication. Smith and Melendez married in 2007 and she was found murdered that same year. Trickett is now being extradited to Peru to stand trial for her murder.

The Tahirih "justice" Center, the National Organization for Women, and Legal Momentum all have blood on their hands. They purposely protected Match.com rather than the foreign women they claim to protect.

It is now time to regulate all dating agencies that have foreign women members who can be accessed by American men. Or perhaps another murder is needed to convince you.

http://www.pennlive.com/midstate/index.ssf/2008/11/peru_seeks_extradition_of_susp.htm

yorktown · Site Admin Joined: 16 Jun 2004 Posts: 442

I think this was discussed some years back on the site. There was a period in late 2005 where Congress passed a slew of laws called VAWA (Violence Against Women Act). One of them, included the IMBRA Law, was particularly heavy handed against American men seeking to marry foreign brides using marriage broker services.

Below is Titles I - X of the law.

PASSED INTO LAW Jan 5, 2006.

H.R. 3402

One Hundred Ninth Congress
of the United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five

An Act

To authorize appropriations for the Department of Justice for fiscal years 2006
through 2009, and for other purposes. Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the ''Violence Against Women and
Department of Justice Reauthorization Act of 2005''.

SEC. 2. TABLE OF CONTENTS.
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.

yorktown · Site Admin Joined: 16 Jun 2004 Posts: 442

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.

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.''.

SEC. 827. PROTECTION OF DOMESTIC VIOLENCE AND CRIME VICTIMS
FROM CERTAIN DISCLOSURES 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 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).

SEC. 828. RULEMAKING.
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.
Subtitle D - International Marriage Broker
Regulation

SEC. 831. SHORT TITLE.
This subtitle may be cited as the ''International Marriage
Broker Regulation Act of 2005''.

SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER
OF ENTRY.

(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.

SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR
IMMIGRANTS AND REGULATION OF INTERNATIONAL
MARRIAGE BROKERS.

(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

( Cool

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.

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

Heather · Joined: 05 Mar 2009 Posts: 2

Per the law text you copied here, this is the language that exempts Match.com: