8 U.S.C. § 1375a — Domestic violence information and re-

Page 465 TITLE 8—ALIENS AND NATIONALITY § 1375a Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1374. Information regarding female genital mu- tilation (a) Provision of information regarding female genital mutilation The Immigration and Naturalization Service (in cooperation with the Department of State) shall make available for all aliens who are issued immigrant or nonimmigrant visas, prior to or at the time of entry into the United States, the following information: (1) Information on the severe harm to phys- ical and psychological health caused by female genital mutilation which is compiled and pre- sented in a manner which is limited to the practice itself and respectful to the cultural values of the societies in which such practice takes place. (2) Information concerning potential legal consequences in the United States for (A) per- forming female genital mutilation, or (B) al- lowing a child under his or her care to be sub- jected to female genital mutilation, under criminal or child protection statutes or as a form of child abuse. (b) Limitation In consultation with the Secretary of State, the Commissioner of Immigration and Natu- ralization shall identify those countries in which female genital mutilation is commonly practiced and, to the extent practicable, limit the provision of information under subsection (a) to aliens from such countries. (c) ‘‘Female genital mutilation’’ defined For purposes of this section, the term ‘‘female genital mutilation’’ means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minora, or labia majora. (Pub. L. 104–208, div. C, title VI, § 644, Sept. 30, 1996, 110 Stat. 3009–708.) Editorial Notes CODIFICATION Section was enacted as part of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appro- priations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1375. Repealed. Pub. L. 109–162, title VIII, § 833(g), Jan. 5, 2006, 119 Stat. 3077 Section, Pub. L. 104–208, div. C, title VI, § 652, Sept. 30, 1996, 110 Stat. 3009–712, related to mail-order bride busi- ness. § 1375a. Domestic violence information and re- sources 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 con- sultation 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 pamphlet available as de- scribed in paragraph (5). In preparing such ma- terials, the Secretary of Homeland Security shall consult with nongovernmental organiza- tions with expertise on the legal rights of im- migrant 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 vio- lence. (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 mat- ters, 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 com- mitting 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 mar- riage brokers provide foreign national cli- ents with background information gathered on United States clients from searches of the National Sex Offender Public Website and collected from United States clients re- garding their marital history and domestic violence or other violent criminal history, but that such information may not be com- plete or accurate because the United States client may not have a criminal record or may not have truthfully reported their mar- ital or criminal record. (3) Summaries The Secretary of Homeland Security, in con- sultation with the Attorney General and the Page 466 TITLE 8—ALIENS AND NATIONALITY § 1375a Secretary of State, shall develop summaries of the pamphlet developed under paragraph (1) that shall be used by Federal officials when re- viewing the pamphlet in interviews under sub- section (b). (4) Translation (A) In general In order to best serve the language groups having the greatest concentration of K non- immigrant visa applicants, the information pamphlet developed under paragraph (1) shall, subject to subparagraph (B), be trans- lated by the Secretary of State into foreign languages, including Russian, Spanish, Ta- galog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Ara- bic, Portuguese, Hindi, and such other lan- guages as the Secretary of State, in the Sec- retary’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 de- termine at least 14 specific languages into which the information pamphlet is trans- lated 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 dis- tributed as follows: (A) Mailings to K nonimmigrant visa appli- cants (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 ap- plication process is mailed to such appli- cant. 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 peti- tioner for such applicant under subsection (d) or (r) of section 1184 of this title. (iii) The Secretary of Homeland Security shall provide to the Secretary of State, for inclusion in the mailing described in clause (i), any criminal background information the Secretary of Homeland Security pos- sesses with respect to a petitioner under sub- section (d) or (r) of section 1184 of this title. 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 crimi- nal 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 con- sular interview in the primary language of the visa applicant. (iv) The Secretary of Homeland Security shall conduct a background check of the Na- tional Crime Information Center’s Protec- tion Order Database on each petitioner for a visa under subsection (d) or (r) of section 1184 of this title. Any appropriate informa- tion obtained from such background check— (I) shall accompany the criminal back- ground information provided by the Sec- retary of Homeland Security to the Sec- retary of State and shared by the Sec- retary of State with a beneficiary of a pe- tition referred to in clause (iii); and (II) shall not be used or disclosed for any other purpose unless expressly authorized by law. (v) The Secretary of Homeland Security shall create a cover sheet or other mecha- nism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 1184 of this title by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of sub- section (r)(4)(B) of such section 1184 of this title, that calls to the applicant’s atten- tion— (I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition; (II) the criminal background information and information about any protection order obtained by the Secretary of Home- land Security regarding the petitioner in the course of adjudicating the petition; and (III) whether the information the peti- tioner disclosed on the visa petition re- garding any previous petitions filed under subsection (d) or (r) of such section 1184 of this title is consistent with the informa- tion in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 1184 of this title. (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 De- partment of State and the Department of Homeland Security, as well as on the websites of all consular posts processing ap- plications for K nonimmigrant visas. (D) International marriage brokers and vic- tim advocacy organizations The pamphlet developed under paragraph (1) shall be made available to any inter- national marriage broker, government agen- cy, or nongovernmental advocacy organiza- tion. (6) Deadline for pamphlet development and distribution The pamphlet developed under paragraph (1) shall be distributed and made available (in- Page 467 TITLE 8—ALIENS AND NATIONALITY § 1375a cluding in the languages specified under para- graph (4)) not later than 120 days after Janu- ary 5, 2006. (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 and criminal convictions collected under subsection (a)(5)(A)(iii); (B) provide a copy of the pamphlet devel- oped 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 lan- guage of the applicant, whether an inter- national 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 mate- rials required under subsection (d)(3)(A)(iii). (2) Family-based applicants The pamphlet developed under subsection (a)(1) shall be distributed directly to appli- cants for family-based immigration petitions at all consular and adjustment interviews for such visas. The Department of State or De- partment of Homeland Security officer con- ducting the interview shall review the sum- mary of the pamphlet with the applicant oral- ly in the applicant’s primary language, in ad- dition to distributing the pamphlet to the ap- plicant 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 De- partment of Homeland Security shall disclose to a nonimmigrant visa applicant the name or con- tact 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 pe- titioner. (d) Regulation of international marriage brokers (1) Prohibition on marketing of or to children (A) In general An international marriage broker shall not provide any individual or entity with the personal contact information, photograph, or general information about the back- ground or interests of any individual under the age of 18. (B) Compliance To comply with the requirements of sub- paragraph (A), an international marriage broker shall— (i) obtain a valid copy of each foreign na- tional client’s birth certificate or other proof of age document issued by an appro- priate government entity; (ii) indicate on such certificate or docu- ment the date it was received by the inter- national marriage broker; (iii) retain the original of such certifi- cate or document for 7 years after such date of receipt; and (iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this para- graph. (2) Requirements of international marriage brokers with respect to mandatory collec- tion of background information (A) In general (i) Search of sex offender public website Each international marriage broker shall search the National Sex Offender Public Website, as required under para- graph (3)(A)(i). (ii) Collection of background information Each international marriage broker shall also collect the background informa- tion 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 documenta- tion or an attestation of the following back- ground 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 ex- ploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hos- tage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, stalking, or an attempt to commit any such crime. (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 pro- cure prostitutes or persons for the pur- pose 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 cur- rently married, whether the client has pre- viously been married and how many times, how previous marriages of the client were terminated and the date of termination, Page 468 TITLE 8—ALIENS AND NATIONALITY § 1375a 1 So in original. Probably should be ‘‘paragraph’’. 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 bro- kers with respect to informed consent (A) Limitation on sharing information about foreign national clients An international marriage broker shall not provide any United States client or rep- resentative with the personal contact infor- mation of any foreign national client unless and until the international marriage broker has— (i) performed a search of the National Sex Offender Public Website 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 cli- ent— (I) in the foreign national client’s pri- mary language, a copy of any records re- trieved 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 pri- mary language, a copy of the signed cer- tification and accompanying documenta- tion or attestation regarding the back- ground information collected 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 trans- lation 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 for- eign national client’s primary language, to release the foreign national client’s per- sonal contact information to the specific United States client. (B) Confidentiality In fulfilling the requirements of this para- graph, 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 de- scribed 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. (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 pen- alty of not less than $5,000 and not more than $25,000 for each such violation. (ii) Procedures for imposition of penalty At the discretion of the Attorney Gen- eral, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General after notice and an opportunity for an agency hearing on the record in accordance with subchapter II of chapter 5 of title 5 (popularly known as the Administrative Procedure Act). (B) Federal criminal penalties (i) Failure of international marriage bro- kers to comply with obligations Except as provided in clause (ii), an international marriage broker that, in cir- cumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States— (I) except as provided in subclause (II), violates (or attempts to violate) para- graph (1), (2), (3), or (4) shall be fined in accordance with title 18 or imprisoned for not more than 1 year, or both; or (II) knowingly violates or attempts to violate paragraphs 1 (1), (2), (3), or (4) shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both. (ii) Misuse of information A person who knowingly discloses, uses, or causes to be used any information ob- tained by an international marriage broker as a result of a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under para- graph (3) shall be fined in accordance with title 18 or imprisoned for not more than 1 year, or both. (iii) Fraudulent failures of United States clients to make required self-disclo- sures A person who knowingly and with intent to defraud another person outside the United States in order to recruit, solicit, entice, or induce that other person into en- tering a dating or matrimonial relation- ship, makes false or fraudulent representa- tions regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection (d)(2)(B), including by failing to make any such disclosures, shall be fined in accord- ance with title 18, imprisoned for not more than 1 year, or both. Page 469 TITLE 8—ALIENS AND NATIONALITY § 1375a 2 See References in Text note below. (iv) Relationship to other penalties The penalties provided in clauses (i), (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be sub- ject for the misuse of information, includ- ing misuse to threaten, intimidate, or har- ass any individual. (v) Construction Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforce- ment or pursuant to a court order. (C) Additional remedies The penalties and remedies under this sub- section are in addition to any other pen- alties or remedies available under law in- cluding equitable remedies. (6) Enforcement (A) Authority The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section. (B) Consultation The Attorney General shall consult with the Director of the Office on Violence Against Women of the Department of Jus- tice to develop policies and public education designed to promote enforcement of this sec- tion. (7) 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. (8) Effective date (A) In general Except as provided in subparagraph (B), this subsection shall take effect on the date that is 60 days after January 5, 2006. (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 distribu- tion under subsection (a)(6). (e) Definitions In this section: (1) Crime of violence The term ‘‘crime of violence’’ has the mean- ing given such term in section 16 of title 18. (2) Domestic violence The term ‘‘domestic violence’’ has the mean- ing given such term in section 3 of this Act.2 (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 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 serv- ices of an international marriage broker and any alien recruited by an international mar- riage 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 dat- ing, matrimonial, matchmaking services, or social referrals between United States citi- zens 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 individ- uals. (B) Exceptions Such term does not include— (i) a traditional matchmaking organiza- tion of a cultural or religious nature that operates on a nonprofit basis and other- wise operates in compliance with the laws of the countries in which it operates, in- cluding the laws of the United States; or (ii) an entity that provides dating serv- ices if its principal business is not to pro- vide international dating services between 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 nonimmigrant visa’’ means a nonimmigrant visa under clause (i) or (ii) of section 1101(a)(15)(K) of this title. (6) Personal contact information (A) In general The term ‘‘personal contact information’’ means information, or a forum to obtain such information, that would permit individ- uals 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 include a photograph or general information about the back- ground or interests of a person. (7) Representative The term ‘‘representative’’ means, with re- spect to an international marriage broker, the Page 470 TITLE 8—ALIENS AND NATIONALITY § 1375a 3 So in original. person or entity acting on behalf of such broker. Such a representative may be a re- cruiter, 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. (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 in- curred to utilize such services. (f) GAO studies and reports (1) Study The Comptroller General of the United States shall conduct a study— (A) on the impact of this section and sec- tion 832 2 on the K nonimmigrant visa proc- ess, 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 1184 of this title, as amended by this Act; (iii) the annual number of waiver appli- cations submitted under such a subsection, the number (and percentage) of such appli- cations 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 convic- tions; (v) the annual number and percentage of cases described in clause (iv) that were granted or were denied waivers under sec- tion 1184(d)(2) of this title, 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 pre- viously 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 con- currently 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 1184(r) of this title, as added by this Act; (B) regarding the number of international marriage brokers doing business in the United States, the number of marriages re- sulting from the services provided, and the extent of compliance with the applicable re- quirements of this section; (C) that assesses the accuracy and com- pleteness of information gathered under sec- tion 832 2 and this section from clients and petitioners by international marriage bro- kers, the Department of State, or the De- partment of Homeland Security; (D) that examines, based on the informa- tion 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 per- sons are providing accurate and complete in- formation to the Department of State or the Department of Homeland Security and to international marriage brokers in accord- ance with subsections (a) and (d)(2)(B); and (E) that assesses the accuracy and com- pleteness of the criminal background check performed by the Secretary of Homeland Se- curity at identifying past instances of do- mestic violence. (2) Report Not later than 2 years after January 5, 2006, 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 para- graph (1). (3) Data collection The Secretary of Homeland Security and the Secretary of State shall collect and maintain the data necessary for the Comptroller Gen- eral of the United States to conduct the study required by paragraph (1). (4) Continuing impact study and report (A) Study The Comptroller General shall conduct a study on the continuing impact of the imple- mentation of this section and of section of 3 1184 of this title on the process for granting K nonimmigrant visas, including specifically a study of the items described in subpara- graphs (A) through (E) of paragraph (1). (B) Report Not later than 2 years after March 7, 2013, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subparagraph (A). (C) Data collection The Attorney General, the Secretary of Homeland Security, and the Secretary of Page 471 TITLE 8—ALIENS AND NATIONALITY § 1375b State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A). (Pub. L. 109–162, title VIII, § 833, Jan. 5, 2006, 119 Stat. 3068; Pub. L. 113–4, title VIII, §§ 807(b), 808(b)–(d), Mar. 7, 2013, 127 Stat. 113–116.) Editorial Notes REFERENCES IN TEXT Section 3 of this Act, referred to in subsec. (e)(2), is section 3 of Pub. L. 109–162, which enacted sections 10447 and 12291 of Title 34, Crime Control and Law En- forcement, amended sections 10448, 10465, 12464, 12351, and 12409 of Title 34, repealed former section 3796gg–2 of Title 42, The Public Health and Welfare, and amended provisions set out as a note under section 10447 of Title 34. Section 832, referred to in subsec. (f)(1)(A), (C), is sec- tion 832 of Pub. L. 109–162, which amended section 1184 of this title and enacted provisions set out as notes under section 1184 of this title. This Act, referred to in subsec. (f)(1)(A)(ii), (v), and (viii), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960, known as the Violence Against Women and Department of Justice Reauthorization Act of 2005. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34, Crime Control and Law Enforcement, and Tables. CODIFICATION Section was enacted as part of the International Mar- riage Broker Regulation Act of 2005, and also as part of the Violence Against Women and Department of Jus- tice Reauthorization Act of 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. Section is comprised of section 833 of Pub. L. 109–162. Subsec. (g) of section 833 of Pub. L. 109–162 repealed sec- tion 1375 of this title. AMENDMENTS 2013—Subsec. (a)(2)(H). Pub. L. 113–4, § 808(b), sub- stituted ‘‘the National Sex Offender Public Website’’ for ‘‘Federal and State sex offender public registries’’. Subsec. (a)(5)(A)(iii). Pub. L. 113–4, § 807(b)(1)(A), sub- stituted ‘‘State, for inclusion in the mailing described in clause (i), any’’ for ‘‘State any’’ in the first sentence and struck out the last sentence which read as follows: ‘‘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.’’ Subsec. (a)(5)(A)(iv), (v). Pub. L. 113–4, § 807(b)(1)(B), added cls. (iv) and (v). Subsec. (b)(1)(A). Pub. L. 113–4, § 807(b)(2), substituted ‘‘orders and criminal’’ for ‘‘orders or criminal’’. Subsec. (d)(1). Pub. L. 113–4, § 808(c)(1), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘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.’’ Subsec. (d)(2)(A)(i). Pub. L. 113–4, § 808(c)(2)(A), sub- stituted ‘‘website’’ for ‘‘registries’’ in heading and ‘‘Website,’’ for ‘‘Registry or State sex offender public registry,’’ in text. Subsec. (d)(2)(B)(ii). Pub. L. 113–4, § 808(c)(2)(B), sub- stituted ‘‘stalking, or an attempt to commit any such crime.’’ for ‘‘or stalking.’’ Subsec. (d)(3)(A)(i). Pub. L. 113–4, § 808(c)(3)(A)(i), which directed substitution of ‘‘Website’’ for ‘‘Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Of- fender Public Registry, in which the United States cli- ent has resided during the previous 20 years,’’, was exe- cuted by making the substitution for ‘‘Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Of- fender Public Registry in which the United States cli- ent has resided during the previous 20 years,’’ to reflect the probable intent of Congress. Subsec. (d)(3)(A)(iii)(II). Pub. L. 113–4, § 808(c)(3)(A)(ii), substituted ‘‘signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B);’’ for ‘‘background information collected by the international marriage broker under paragraph (2)(B);’’. Subsec. (d)(3)(C). Pub. L. 113–4, § 808(c)(3)(B), struck out subpar. (C). Text read as follows: ‘‘A person who knowingly discloses, uses, or causes to be used any in- formation 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- graph shall be fined in accordance with title 18 or im- prisoned 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 sub- ject 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 in- formation to law enforcement or pursuant to a court order.’’ Subsec. (d)(5)(A)(ii). Pub. L. 113–4, § 808(c)(4)(A), sub- stituted ‘‘At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General’’ for ‘‘A pen- alty may be imposed under clause (i) by the Attorney General only’’. Subsec. (d)(5)(B). Pub. L. 113–4, § 808(c)(4)(B), amended subpar. (B) generally. Prior to amendment, text read as follows: ‘‘In circumstances in or affecting interstate or foreign commerce, an international marriage broker that, within the special maritime and territorial juris- diction of the United States, violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in ac- cordance with title 18 or imprisoned for not more than 5 years, or both.’’ Subsec. (d)(5)(C). Pub. L. 113–4, § 808(c)(4)(C), sub- stituted ‘‘including equitable remedies.’’ for period at end. Subsec. (d)(6) to (8). Pub. L. 113–4, § 808(c)(5), (6), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. Subsec. (f). Pub. L. 113–4, § 808(d)(1), substituted ‘‘studies and reports’’ for ‘‘study and report’’ in head- ing. Subsec. (f)(4). Pub. L. 113–4, § 808(d)(2), added par. (4). § 1375b. Protections for domestic workers and other nonimmigrants (a) Information pamphlet and video for consular waiting rooms (1) Development and distribution The Secretary of State, in consultation with the Secretary of Homeland Security, the At- torney General, and the Secretary of Labor, shall develop an information pamphlet and video on legal rights and resources for aliens applying for employment- or education-based nonimmigrant visas. The video shall be dis- tributed and shown in consular waiting rooms in embassies and consulates appropriate to the circumstances that are determined to have the greatest concentration of employment or edu- cation-based non-immigrant visa applicants, and where sufficient video facilities exist in waiting or other rooms where applicants wait