Page:United States Statutes at Large Volume 119.djvu/3092

 119 STAT. 3074

PUBLIC LAW 109–162—JAN. 5, 2006 (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

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