110 HR 5722 IH: International Megan’s Law of U.S. House of Representatives 2008-04-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5722 IN THE HOUSE OF REPRESENTATIVES April 8, 2008 Mr. Smith of New Jersey (for himself, Mr. Payne, Mr. Fortenberry, Mr. Pitts, Mr. Wolf, Mrs. Drake, Ms. Ros-Lehtinen, Mr. Chabot, and Mr. Wilson of South Carolina) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To mandate reporting requirements for convicted sex traffickers and other sex offenders intending to engage in international travel, to provide advance notice of convicted sex offenders who intend to travel outside the United States to the government of the country of destination, to prevent entry into the United States by any foreign sex offender, and for other purposes.

1.

Short title

This Act may be cited as the International Megan’s Law of 2008.

2.

Findings and declaration of purposes

(a)

Findings

Congress finds the following: (1)Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in the State of New Jersey by a violent predator who had been convicted previously of a sex offense. (2)In 1996, Congress adopted Megan’s Law (Public Law 104–145) as a means to encourage States to inform the public of sex offenders who had been convicted and are present in their communities. (3)In 2006, Congress adopted the Sex Offender Registration and Notification Act (title I of Public Law 109–248), which further strengthens the national standards for sex offender registration and public notification. (4)Since 2003, U.S. Immigration and Customs Enforcement has made nearly 11,000 arrests, including over 9,100 arrests of non-United States citizens, of persons suspected of illegally exploiting children. Violations include child pornography, child sex tourism and facilitators, and trafficking of minors. (5)It is estimated that more than 2 million children are exploited each year in the global commercial sex trade. (b)

Declaration of purposes

The purposes of this Act and the amendments made by this Act are to prevent the international travel of sex traffickers and other sex offenders who intend to commit a sexual offense by— (1)expanding access to information about known sex offenders in the United States who intend to travel outside the United States; (2)ensuring that foreign nationals who have committed a sex offense are denied entry into the United States; (3)including information in the annual report to Congress required by section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) regarding the establishment of systems to identify and provide notice of international travel by sex offenders to destination countries; and (4)providing assistance to foreign countries under the Foreign Assistance Act of 1961 to meet the requirements described in paragraph (3).

3.

Sex offender travel reporting requirement

(a)

Duty To report

An individual who is required to register pursuant to section 113 of the Sex Offender Registration and Notification Act shall notify an appropriate jurisdiction or jurisdictions in conformity with the rules issued under subsection (b) not later than 21 days before departure to or arrival from a foreign place. A jurisdiction so notified shall promptly inform the Secretary of Homeland Security and the Attorney General. (b)

Rules for reporting

Not later than 90 days after the enactment of this Act, the Secretary of Homeland Security and the Attorney General shall make rules to carry out subsection (a) in the light of the purposes of this Act. Such rules— (1)shall establish procedures for reporting under subsection (a); (2)shall set forth the information required to be reported; and (3)may provide for appropriate alternative reporting in situations, such as emergencies, where the requirement of subsection (a) is impracticable or inappropriate. (c)

Criminal penalty for failure To report

(1)

New offense

Section 2250 of title 18, United States Code, is amended by adding at the end the following: (d)Whoever knowingly fails to report his or her travel to or from a foreign place as required by the International Megan’s Law of 2007 shall be fined under this title or imprisoned not more than 10 years, or both. . (2)

Amendment to heading of section

The heading for section 2250 of title 18, United States Code, is amended by inserting or report international travel after register. (3)

Conforming amendment to affirmative defense

Section 2250(b) of title 18, United States Code, is amended by inserting or (d) after (a). (4)

Conforming amendment to Federal penalties for violent crimes

Section 2250(c) of title 18, United States Code, is amended by inserting or (d) after (a) each place it appears. (5)

Clerical amendment

The item relating to section 2250 in the table of sections at the beginning of chapter 109B of title 18, United States Code, is amended by inserting or report international travel after register. (d)

Duty To notify sex offenders of reporting requirement

When an official is required under the Sex Offender Registration and Notification Act to notify an offender of a duty to register under that Act, the official shall also, at the same time— (1)notify that offender of that offender’s duty to report under this section and the procedure for fulfilling that duty; and (2)require the offender to read and sign a form stating that the duty to report and the procedure for reporting has been explained and that the offender understands the reporting requirement.

4.

Notification to foreign authorities of international travel by sex offenders

(a)

In general

In order to protect children and others and prevent sex trafficking, the Secretary of Homeland Security shall establish a system in consultation with the Attorney General and the Secretary of State whereby the appropriate authorities in relevant foreign countries or territories are notified in a timely manner about travel outside the United States by persons required to register under the Sex Offender Registration and Notification Act and to report pursuant to section 3 of this Act. (b)

Foreign authorities To be given sufficient information

Each foreign authority notified under subsection (a) shall be given sufficient identifying information so as to be able to properly identify and track the registered individual. (c)

Technical assistance

The Secretary of State may provide technical assistance to foreign authorities in order to enable such authorities to participate more effectively in the notification program established under this section.

5.

Immigration law reform to prevent admission of sex offenders to the united states

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.1182(a)(2)) is amended by adding at the end the following: (J)

Sex offenders

Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (title I of Public Law 109–248)) is inadmissible. .

6.

Annual Report on Status of Severe Forms of Trafficking in Persons and implementation assessment

(a)

In general

Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended— (1)in subparagraph (C), by striking and at the end; (2)by redesignating subparagraph (D) as subparagraph (E); and (3)by inserting after subparagraph (C) the following: (D)(i)a list of those countries that have established a system— (I)to identify sex offenders (as defined for purposes of the Sex Offender Registration and Notification Act (title I of Public Law 109–248; 42 U.S.C. 16911)) traveling to the United States or any other country; and (II)to notify the United States or the other country of— (aa)the identity of the individual, (bb)the nature of the sex offense for which the individual was convicted, and (cc)the anticipated manner, date, and time of the individual’s arrival in the United States or the other country, prior to the individual’s travel;(ii)a list of those countries that are making substantial progress in establishing a system pursuant to clause (i), and the estimated time of completion; (iii)a list of those countries that do not have and are not making substantial progress in establishing a system pursuant to clause (i); and (iv)an assessment as to the progress made and difficulties that exist in establishing a system pursuant to clause (i) on a global scale, and the extent of inter-country cooperation with respect to sex offender travel notifications; and . (b)

Assessment required

Not later than two years after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees an assessment based on the information provided pursuant to subparagraph (D) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1) (as added by subsection (a) of this section), as to how an amendment to section 108(a) of such Act (22 U.S.C. 7106(a)) to include the establishment of a system described in subparagraph (D) of section 110(b)(1) of such Act (as added by subsection (a) of this section) would facilitate and contribute to advancing the establishment of such a system on a global scale. (c)

Appropriate congressional committees defined

For purposes of subsection (b), the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

7.

Assistance to foreign countries to meet minimum standards for the elimination of trafficking

(a)

In general

The President is strongly encouraged to exercise the authorities of section 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to establish systems to identify and provide notification of sex offenders traveling to the United States or any other country. (b)

Definition

In this section, the term sex offender has the meaning given the term for purposes of the Sex Offender Registration and Notification Act (title I of Public Law 109–248; 42 U.S.C. 16911)).

8.

Congressional report

(a)

Report required

Not later than one year after the enactment of this Act and every year for 4 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act, including— (1)the number of sex offenders who report travel to or from a foreign place pursuant to section 3(a) of this Act; (2)the number of sex offenders prosecuted and convicted for failing to report travel to or from a foreign place pursuant to section 3(a) of this Act; and (3)what actions have been taken, if any, by foreign countries and territories of destination following notification pursuant to section 4 of this Act. (b)

Appropriate congressional committees defined

For purposes of subsection (a), the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

9.

Authorization of appropriations

To carry out this Act and the amendments made by this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2013.