[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1623 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1623
To protect children from sexual exploitation by mandating reporting
requirements for convicted sex traffickers and other sex offenders
against minors intending to engage in international travel, providing
advance notice of intended travel by high risk sex offenders outside
the United States to the government of the country of destination,
preventing entry into the United States by any foreign sex offender
against a minor, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2009
Mr. Smith of New Jersey (for himself, Mr. Payne, Mr. Fortenberry, Mr.
Boozman, Mr. Wilson of South Carolina, Mr. Burton of Indiana, Ms.
Granger, Ms. Ros-Lehtinen, Mr. Manzullo, Mr. Bilirakis, and Mr. Poe of
Texas) 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 protect children from sexual exploitation by mandating reporting
requirements for convicted sex traffickers and other sex offenders
against minors intending to engage in international travel, providing
advance notice of intended travel by high risk sex offenders outside
the United States to the government of the country of destination,
preventing entry into the United States by any foreign sex offender
against a minor, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International
Megan's Law of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and declaration of purposes.
Sec. 3. Definitions.
Sec. 4. Sex offender travel reporting requirement.
Sec. 5. Foreign registration requirement for sex offenders.
Sec. 6. High risk sex offender assessment.
Sec. 7. International Sex Offender Travel Center.
Sec. 8. Authority to restrict passports.
Sec. 9. Reporting violation procedure.
Sec. 10. Immunity for good faith conduct.
Sec. 11. Immigration law reform to prevent admission of sex offenders
against minors to the United States.
Sec. 12. Sense of Congress provisions.
Sec. 13. Annual report on status of severe forms of trafficking in
persons and implementation assessment.
Sec. 14. Assistance to foreign countries to meet minimum standards for
the elimination of trafficking.
Sec. 15. International sex offender travel study.
Sec. 16. Congressional reports.
Sec. 17. Authorization of appropriations.
SEC. 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 living across the street from her
home. Unbeknownst to Megan Kanka and her family, he had been
convicted previously of a sex offense against a child.
(2) In 1996, Congress adopted Megan's Law (Public Law 104-
145) as a means to encourage States to protect children by
identifying the whereabouts of sex offenders and providing the
means to monitor their activities.
(3) The sexual exploitation of minors is a global
phenomenon. The International Labour Organization estimates
that 1.8 million children worldwide are exploited each year
through prostitution and pornography.
(4) According to ECPAT International, all children are
adversely affected by being commercially sexually exploited.
Commercial sexual exploitation can result in serious, lifelong,
even life-threatening consequences for the physical,
psychological, spiritual, emotional and social development and
well-being of a child.
(5) ECPAT International reports that children who are
commercially sexually exploited are at great risk of
contracting HIV or AIDS and are unlikely to receive adequate
medical care. Children are also at great risk of physical
violence--those who make an attempt to escape or counter their
abuse may be severely injured or killed. The psychological
effects of child sexual exploitation and threats usually plague
the victims for the rest of their lives.
(6) ECPAT International further reports that children who
have been exploited typically report feelings of shame, guilt,
and low self-esteem. Some children do not believe they are
worthy of rescue; some suffer from stigmatization or the
knowledge that they were betrayed by someone whom they had
trusted; others suffer from nightmares, sleeplessness,
hopelessness, and depression--reactions similar to those
exhibited in victims of torture. To cope, some children attempt
suicide or turn to substance abuse. Many find it difficult to
reintegrate successfully into society once they become adults.
(7) According to ECPAT International, child sex tourism is
a specific form of child prostitution and is a developing
phenomenon. Child sex tourism is defined as the commercial
sexual exploitation of children by people who travel from one
place to another and there engage in sexual acts with minors.
This type of exploitation can occur anywhere in the world and
no country or tourism destination is immune.
(8) According to research conducted by The Protection
Project of The Johns Hopkins University Paul H. Nitze School of
Advanced International Studies, sex tourists from the United
States who target children form a significant percentage of
child sex tourists in some of the most significant countries of
destination for child sex tourism.
(9) According to the National Center for Missing and
Exploited Children, most victims of sex offenders are children
and youth, and sex offenders have a high risk of reoffending.
(10) Media reports indicate that known sex offenders who
have committed crimes against children are traveling
internationally, and that the criminal background of such
individuals may not be known to local law enforcement prior to
their arrival. A report in January 2006 cited Interpol Vietnam
as stating that German police had sent a list of 21 German
child molesters who may have entered or may have been planning
to enter Vietnam. In January 2008, a defense contractor listed
on the United States National Sex Offender Registry was
arrested in Iraq, who had in his possession a camera containing
multiple images of indecent photos of Iraqi children. In April
2008, a United States registered sex offender received a prison
sentence for engaging in illicit sexual activity with a 15-year
old United States citizen girl in Ciudad Juarez, Chihuahua,
Mexico in exchange for money and crack cocaine. In May 2008, a
South Korean newspaper reported that the United States
Immigration and Customs Enforcement Attache in Seoul provided
South Korean authorities with a list of five United States sex
offenders who had previously visited Korea.
(11) Sex offenders are also attempting to enter the United
States. In April 2008, a lifetime registered sex offender from
the United Kingdom attempted to enter the United States with
the intention of living with a woman who he had met on the
Internet and her young daughters. He was refused entry based on
information about his sex offender status that had been
provided to United States immigration officials from Interpol
London.
(12) Child sex tourists may travel overseas to commit
sexual offenses against minors for the following reasons:
perceived anonymity; law enforcement in certain countries is
perceived as scarce, corrupt, or unsophisticated; perceived
immunity from retaliation because the child sex tourist is a
United States citizen; the child sex tourist has the financial
ability to impress and influence the local population; the
child sex tourist can ``disappear'' after a brief stay; the
child sex tourist can target children meeting their desired
preference; and, there is no need to expend time and effort
``grooming'' the victim.
(13) Individuals who have sexually exploited children and
who have been arrested in and deported from a foreign country
have used long-term passports to evade return to their country
of citizenship where they faced possible charges and instead
have moved to a third country where they have continued to
exploit and abuse children.
(14) The United States is obligated under Article 10 of the
Optional Protocol to the Convention on the Rights of the Child
on the Sale of Children, Child Prostitution and Child
Pornography to, among other things, take all necessary steps to
strengthen international cooperation by multilateral, regional,
and bilateral arrangements for the prevention and detection of
those responsible for acts involving the sale of children,
child prostitution, child pornography, and child sex tourism.
The United States also is required to promote international
cooperation and coordination between authorities of other
States Parties to the Convention, national and international
nongovernmental organizations and international organizations
to achieve these objectives.
(15) Article 10 of the Optional Protocol to the Convention
on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography further mandates that the
United States and other States Parties in a position to do so
provide financial, technical, or other assistance through
existing multilateral, regional, bilateral, or other programs.
(16) In order to protect children, it is essential that
United States law enforcement be able to identify child sex
offenders in the United States who are traveling abroad and
child sex offenders from other countries entering the United
States. Such identification requires cooperative efforts
between the United States and foreign governments. In exchange
for providing notice of sex offenders traveling to the United
States, foreign authorities will expect United States
authorities to provide reciprocal notice of sex offenders
traveling to their countries.
(17) International law enforcement entities, including
Interpol and the United States Immigration and Customs
Enforcement agency, currently are sharing information about sex
offenders traveling internationally on an ad hoc basis, and the
technology to detect and notify foreign governments about
travel by sex offenders against minors is available, but a
legal structure and additional resources are needed to
systematize and coordinate these detection and notice efforts.
(18) Officials from the United Kingdom, Australia, Spain,
and other countries have expressed interest in working with the
United States Government for increased international
cooperation to protect children from sexual exploitation, and
are calling for formal arrangements to ensure that the risk
posed by traveling sex offenders is combated most effectively.
(b) Declaration of Purposes.--The purpose of this Act and the
amendments made by this Act is to protect children from sexual
exploitation by preventing or monitoring the international travel of
sex traffickers and other sex offenders who pose a risk of committing a
sexual offense against a minor while traveling by--
(1) establishing a system in the United States to identify
sex offenders who pose a high risk of reoffending against
children and who intend to travel outside the United States for
the purpose of notifying the appropriate officials in
destination countries of the criminal background and intent to
travel by such individuals;
(2) strongly encouraging and assisting foreign governments
to establish a sex offender travel notification system and to
inform United States authorities when a sex offender intends to
travel or has departed on travel to the United States;
(3) providing the Secretary of State with the discretion to
temporarily rescind the passport or passport card of an
individual who has been arrested for, is under investigation
for, or has been charged with a sex offense against a minor,
revoke the passport or passport card of an individual who has
been sentenced overseas for a sex offense against a minor, or
limit the period of validity of a passport or passport card
issued to a high risk sex offender against a minor;
(4) preventing admission of foreign sex offenders against
minors to the United States;
(5) 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 efforts
of foreign governments to establish systems to identify and
provide notice of international travel by sex offenders against
minors to destination countries and to respond in a timely
manner to the receipt of such notices; and
(6) providing assistance to foreign countries under the
Foreign Assistance Act of 1961 to meet the requirements
described in paragraph (5).
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
otherwise provided, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate.
(2) High risk sex offender.--The term ``high risk sex
offender'' means a sex offender as defined under paragraph (5)
who is determined pursuant to section 6 to pose a high risk of
harm to children in a country to which he or she intends to
travel.
(3) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
(4) Passport card.--The term ``passport card'' means a
document issued by the Department of State pursuant to section
7209 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 8 U.S.C. 1185 note).
(5) Sex offender.--The term ``sex offender'' means an
individual who is required by State law to register on a sex
offender registry for having been convicted of a sex offense as
defined in this Act.
(6) Sex offense.--
(A) In general.--The term ``sex offense'' means a
criminal offense, including a Federal offense, against
a minor that involves any of the following:
(i) Solicitation to engage in sexual
conduct.
(ii) Use in a sexual performance.
(iii) Solicitation to practice prostitution
(whether for financial or other forms of
remuneration).
(iv) Video voyeurism as described in
section 1801 of title 18, United States Code.
(v) Possession, production, or distribution
of child pornography.
(vi) Criminal sexual conduct involving a
minor, or the use of the Internet to facilitate
or attempt such conduct.
(vii) Sex trafficking of children as
described in section 1591 of title 18, United
States Code.
(viii) Transporting a minor in interstate
or foreign commerce, or in any commonwealth,
territory, or possession of the United States,
with intent that the individual engage in
prostitution, or in any sexual activity for
which any person can be charged with a criminal
offense.
(ix) Any other conduct that by its nature
is a sex offense against a minor.
(B) Exceptions.--The term ``sex offense'' shall not
include:
(i) A foreign conviction if it was not
obtained with sufficient safeguards for
fundamental fairness and due process for the
accused under guidelines or regulations
established under section 112 of the Sex
Offender Registration and Notification Act
(title I of Public Law 109-248; 42 U.S.C.
16911).
(ii) An offense involving consensual sexual
conduct if the victim was at least 13 years old
and the offender was not more than 4 years
older than the victim.
(7) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual habitually lives.
(8) State.--The term ``State'' includes any entity within
the United States that by its law requires sex offenders to
register in a sex offender registry.
SEC. 4. SEX OFFENDER TRAVEL REPORTING REQUIREMENT.
(a) Duty To Report.--
(1) In general.--A sex offender shall notify an appropriate
jurisdiction or jurisdictions of his or her intention to
travel, in conformity with the rules issued under subsection
(b), not later than 21 days before departure from or arrival in
the United States. A jurisdiction so notified shall promptly
inform the United States Immigration and Customs Enforcement
Special Agent in Charge (hereinafter in this Act referred to as
the ``ICE SAC''), any successor to the functions of that
official.
(2) Effective date.--The duty to report required under
paragraph (1) shall take effect on the date that is 90 days
after the date of the enactment of this Act.
(b) Rules for Reporting.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security and the
Attorney General shall make rules to carry out subsection (a) in 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, including--
(A) name(s);
(B) date of birth;
(C) social security number;
(D) passport or passport card number and date and
place of issuance;
(E) basis of criminal conviction;
(F) travel itinerary and purpose of the trip;
(G) travel companions; and
(H) contact information prior to departure and
during travel;
(3) may provide for appropriate alternative reporting in
situations, such as personal or humanitarian emergencies or
legitimate business exigencies, where the requirement of
subsection (a) is impracticable or inappropriate; and
(4) shall provide appropriate transitional provisions in
order to make the phase-in of the requirements of this Act
practicable.
(c) Criminal Penalty for Failure To Register or 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 register with United States
officials in a foreign country or to report his or her travel to or
from a foreign country as required by the International Megan's Law of
2009 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 and International
Registration Requirement.--When an official is required under State law
to notify a sex offender (as defined in section (3)(5)) of a duty to
register as a sex offender under the law of that State, the official
shall also, at the same time--
(1) notify that offender of that offender's duties to
report international travel under this section and to register
under section 5, and the procedure for fulfilling those duties;
and
(2) require the offender to read and sign a form stating
that those duties to report and register, and the procedure for
fulfilling them, have been explained and that the offender
understands those duties and that procedure.
SEC. 5. FOREIGN REGISTRATION REQUIREMENT FOR SEX OFFENDERS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, a United States diplomatic or consular mission
in each foreign country shall establish and maintain a countrywide sex
offender registry for sex offenders (as defined in section (3)(5)) from
the United States who temporarily or permanently reside in such
country. Such registry shall include the information specified in
subsection (d).
(b) International Registry Requirement for Sex Offenders.--
(1) In general.--A sex offender who is a United States
citizen or an alien lawfully admitted for permanent residence
in the United States--
(A) who resides in a foreign country for more than
21 consecutive days, or
(B) who resides in a foreign country for more than
30 days within a 6-month period,
shall register, and keep such registration current, at the
United States diplomatic or consular mission in such country
until such time as the sex offender departs such country or
until such time has elapsed as the sex offender would have
otherwise been required to register in the State of conviction
for such sex offense, whichever is sooner.
(2) Keeping the registration current.--Subject to the
duration requirement under paragraph (1), not later than five
business days after each change of name, residence, or
employment or student status, or any change in any of the other
information specified in subsection (d)(1), a sex offender
residing in a foreign country shall notify a United States
diplomatic or consular mission in such country for the purpose
of providing information relating to such change for inclusion
in the sex offender registry maintained by such mission under
subsection (a).
(3) Registration and notification procedure.--Not later
than 270 days after the date of the enactment of this Act, the
Secretary of State, in consultation with the Attorney General,
shall issue regulations for the establishment and maintenance
of the registries described in subsection (a), including the
manner for registering and changing information as specified in
paragraphs (1) and (2).
(c) Criminal Penalties for Nonregistration.--A sex offender who
fails to register under subsection (b) shall be punished in accordance
with subsection (d) of section 2250 of title 18, United States Code, as
added by paragraph (1) of section 4(c) of this Act.
(d) Information Required in Registration.--
(1) Provided by the sex offender.--A sex offender described
in subsection (b) shall provide the following information:
(A) Name (including any alias used by the sex
offender).
(B) Passport or passport card, and visa type and
number, if applicable.
(C) Social Security number of the sex offender.
(D) Address of each residence at which the sex
offender resides or will reside in that country and the
address of any residence maintained in the United
States.
(E) Purpose for the sex offender's residence in the
country.
(F) Name and address of any place where the sex
offender is an employee or will be an employee.
(G) Name and address of any place where the sex
offender is a student or will be a student.
(H) State in which the sex offender was convicted
and the State or States in which the sex offender was
most recently legally required to register.
(I) The license plate number and a description of
any vehicle owned or operated by the sex offender.
(J) The date or approximate date when the sex
offender plans to leave the country.
(K) Any other information required by the Secretary
of State.
(2) Provided by the diplomatic or consular mission.--The
United States diplomatic or consular mission at which a sex
offender registers shall collect and ensure that the following
information is included in the registry maintained by such
mission:
(A) A physical description of the sex offender.
(B) The criminal history of the sex offender,
including--
(i) the text of the provision of law
defining the criminal offense for which the sex
offender is registered, as obtained from the
International Sex Offender Travel Center
(established pursuant to section 7);
(ii) the date of all arrests and
convictions;
(iii) the status of parole, probation, or
supervised release;
(iv) registration status; and
(v) the existence of any outstanding arrest
warrants for the sex offender.
(C) The time period for which the sex offender is
required to register pursuant to the law of the State
of conviction.
(D) A current photograph of the sex offender
obtained from the most current State sex offender
registration with respect to that individual.
(E) Any other information required by the Secretary
of State.
(e) Periodic in Person Verification.--Not less often than every six
months, a sex offender who is registered under subsection (b) shall
appear in person at the United States diplomatic or consular mission
where the sex offender is registered to allow such mission to take a
current photograph of the sex offender and to verify the information in
the registry maintained by such mission under subsection (a).
(f) Transmission of Registry Information to the National Sex
Offender Registry.--For the purpose of keeping domestic law enforcement
informed as to the status of a sex offender required to register under
this section, when a United States diplomatic or consular mission
receives information about a sex offender for the sex offender registry
maintained by such mission under section (a), such mission shall
immediately transmit such information to the Attorney General who shall
include that information in the National Sex Offender Registry,
established under section 119 of the Sex Offender Registration and
Notification Act (Public Law 109-248), or other appropriate databases.
(g) Actions To Be Taken if a Sex Offender Fails To Comply.--When a
United States diplomatic or consular mission has reason to believe that
a sex offender has failed to comply with the requirements of this
section, such mission shall notify the International Sex Offender
Travel Center and revise the sex offender registry maintained by such
mission under subsection (a) to reflect the nature of such failure.
(h) Federal Assistance Regarding Violations of Registration
Requirements.--The first sentence of subsection (a) of section 142 of
the Sex Offender Registration and Notification Act (Public Law 109-248;
42 U.S.C. 16941) is amended by inserting before the period at the end
the following: ``, including under the International Megan's Law of
2009''.
SEC. 6. HIGH RISK SEX OFFENDER ASSESSMENT.
(a) Sex Offender Risk Assessment Guidelines.--Not later than 90
days after the date of the enactment of this Act, the Commissioner of
United States Immigration and Customs Enforcement shall issue
directives to the ICE SAC for the assessment of sex offenders--
(1) who report international travel pursuant to section
4(a), or
(2) whose travel is reported pursuant to subsection (b),
for purposes of determining whether such sex offenders are high risk
sex offenders.
(b) Law Enforcement Notification.--Federal, State, or local law
enforcement entities or officials who have reasonable grounds to
believe that a sex offender is traveling outside the United States and
poses a danger to minor children may notify the ICE SAC and provide as
much information as practicable in accordance with section 4(b)(2).
(c) Information Sharing and Action.--Upon receipt of the
information pursuant to section 4(a) or subsection (b) of this section
about a sex offender who intends to travel outside the United States,
the ICE SAC shall assess the information in accordance with the risk
assessment guidelines issued under subsection (a) of this section. If
the ICE SAC determines that the sex offender is a high risk sex
offender, the ICE SAC shall--
(1) forward to the International Sex Offender Travel Center
information and analysis concerning such determination; and
(2) forward to the Secretary of State the information
referred to in paragraph (1), together with an advisory
regarding whether or not the period of validity of the passport
or passport card of the high risk sex offender should be
limited to one year or such period of time as the Secretary of
State shall determine appropriate.
(d) Report.--Upon the issuance of the risk assessment guidelines
under subsection (a), the Commissioner shall submit to the appropriate
congressional committees a report on such guidelines. The Commissioner
may submit such report in ``sensitive'' form if the Commissioner
determines that such would further the purposes of this Act.
SEC. 7. INTERNATIONAL SEX OFFENDER TRAVEL CENTER.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the President shall establish the International
Sex Offender Travel Center (hereinafter in this section referred to as
the ``Center'') to carry out the activities specified in subsection
(d).
(b) Participants.--The Center shall include representatives from
the following departments and agencies:
(1) The Department of State, including the Office to
Monitor and Combat Trafficking in Persons, the Bureau of
Consular Affairs, the Bureau of International Narcotics and Law
Enforcement Affairs, and the Bureau of Diplomatic Security.
(2) The Department of Homeland Security, including United
States Immigration and Customs Enforcement and United States
Customs and Border Protection.
(3) The Department of Justice, including the Federal Bureau
of Investigation, the Office of Sex Offender Sentencing,
Monitoring, Apprehending, Registering and Tracking, the
Criminal Division Child Exploitation and Obscenity Section, and
the United States Marshals Service.
(4) INTERPOL--United States National Central Bureau.
(5) The Coast Guard.
(6) Such other officials as may be determined by the
President.
(c) Leadership.--The Center shall be headed by the Assistant
Secretary of Homeland Security for United States Immigration and
Customs Enforcement.
(d) Activities.--The Center shall carry out the following
activities:
(1) Receive high risk sex offender determinations made by
the ICE SAC pursuant to section 6.
(2) Transmit notice of impending or current international
travel of high risk sex offenders to the country or countries
of destination of such sex offenders as follows:
(A) The notice may be transmitted through such
means as determined appropriate by the Center,
including through an attache of United States
Immigration and Customs Enforcement, Interpol, or such
other appropriate means as determined by the Center.
(B) If the Center determines that transmission of
the notice could potentially pose a risk to the life or
well-being of the high risk sex offender, the Center
shall make every reasonable effort to issue a warning
to the high risk sex offender of such risk prior to the
transmission of such notice to the country or countries
and may use its discretion not to transmit such notice.
(3) Provide a means of alerting Center personnel regarding
those sex offenders who have not reported travel as required by
section 4 by integrating available, relevant data on an ongoing
basis into an existing centralized database that will identify
sex offenders who are initiating travel, currently traveling,
or have traveled outside the United States.
(4) Respond to requests for information by a United States
diplomatic or consular mission at which a sex offender is
registering in accordance with section 5, and obtain and
transmit the information required by such mission pursuant to
subsection (d)(2) of such section.
(e) Consultations.--The Center shall engage in ongoing
consultations with--
(1) the National Center for Missing and Exploited Children
(NCMEC), End Child Prostitution, Child Pornography, and
Trafficking of Children for Sexual Purposes (ECPAT-USA, Inc.),
World Vision, and other nongovernmental organizations that have
experience and expertise in identifying and preventing child
sex tourism and rescuing and rehabilitating minor victims of
international sexual exploitation;
(2) the governments of countries interested in cooperating
in the creation of an international sex offender travel
notification system or that are primary destination or source
countries for international sex tourism; and
(3) Internet service providers regarding available and
potential technology to facilitate the implementation of an
international sex offender travel notification system, both in
the United States and in other countries.
(f) 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
system established under this section.
SEC. 8. AUTHORITY TO RESTRICT PASSPORTS.
The Secretary of State is authorized to--
(1) rescind the passport or passport card of an individual
awaiting trial for an offense against a minor which, if the
individual is convicted, would render the individual a sex
offender, until such time as the individual is either so
convicted or acquitted;
(2) rescind the passport or passport card of an individual
or the travel permit of an individual who is a lawful permanent
resident who has been convicted by a court of competent
jurisdiction in a foreign country of a sex offense (as defined
in paragraph 5 of section 3 of the Sex Offender Registration
and Notification Act (title I of Public Law 109-248; 42 U.S.C.
16911)) until such time as the individual returns to the United
States and is determined eligible for the reissuance of such
passport, passport card, or travel permit, as the case may be;
and
(3) limit to one year or such period of time as the
Secretary of State shall determine appropriate the period of
validity of a passport or passport card issued to a high risk
sex offender.
SEC. 9. REPORTING VIOLATION PROCEDURE.
Not later than the date of the initial integration of available,
relevant data into the existing centralized database required under
section 7(d)(3), the Secretary of State, the Secretary of Homeland
Security, and the Attorney General shall promulgate rules to establish
the procedure to be followed when such database identifies an
individual seeking to travel or returning from travel outside the
United States as a sex offender who failed to report prior to such
travel as required under section 4.
SEC. 10. IMMUNITY FOR GOOD FAITH CONDUCT.
The Federal Government, jurisdictions, political subdivisions of
jurisdictions, and their agencies, officers, employees, and agents
shall be immune from liability for good faith conduct under this Act.
SEC. 11. IMMIGRATION LAW REFORM TO PREVENT ADMISSION OF SEX OFFENDERS
AGAINST MINORS 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 3 of the International
Megan's Law of 2009) is inadmissible.''.
SEC. 12. SENSE OF CONGRESS PROVISIONS.
(a) Bilateral Agreements.--It is the sense of Congress that the
President should enter into memorandums of understanding or other
bilateral agreements with foreign governments to further the purposes
of this Act, including by--
(1) establishing systems to receive and transmit notices as
required by section 4;
(2) requiring Internet service providers and other private
companies located in foreign countries to report evidence of
child exploitation; and
(3) establishing mechanisms for private companies and
nongovernmental organizations to report on a voluntary basis
suspected child pornography or exploitation to foreign
governments, the nearest United States embassy in cases in
which a possible United States citizen may be involved, or
other appropriate entities.
(b) Minimum Age of Consent.--It is the sense of Congress that the
President should strongly encourage those foreign countries that have
an age of consent to sexual activity below the age of 18 to raise the
age of consent to the age of 18 in order to better protect children and
young adolescents from domestic and international sexual exploitation.
(c) Notification to the United States of Sex Offenses Committed
Abroad.--It is the sense of Congress that the President should formally
request foreign governments to notify the United States when a United
State citizen has been arrested, convicted, sentenced, or completed a
prison sentence for a sex offense against a minor in the foreign
country.
SEC. 13. 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 (E), by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F)(i) within each country narrative, a statement
as to whether the country has established or is making
substantial progress in establishing a system--
``(I) to identify sex offenders
(who have committed a sex offense as
defined in section 3 of the
International Megan's Law of 2009)
traveling to the United States or any
other country;
``(II) to notify the United States
or the other country, to the extent
practicable, 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; and
``(III) to respond in an
appropriate and timely manner to
notices received from other countries
of sex offenders traveling from those
countries to the country concerned; and
``(ii) an overall 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 (F) 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 (F) 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.
SEC. 14. 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, including training of law
enforcement entities and officials, designed to establish systems to
identify sex offenders and provide and receive notification of child
sex offender international travel.
(b) Definition.--In this section, the term ``sex offender'' means
an individual who has been convicted of a sex offense as defined in
section 3.
SEC. 15. INTERNATIONAL SEX OFFENDER TRAVEL STUDY.
(a) Study Required.--The Secretary of State, the Attorney General,
and the Comptroller General of the United States shall jointly
undertake a study of--
(1) whether, and if so how many, United States citizens who
are arrested overseas for a sexual offense against an adult
have been previously arrested for or convicted of a sex offense
in the United States;
(2) the number of minors who are exploited by sex tourists
globally on an annual basis, and the country of origin of such
tourists;
(3) the number of United States citizens and permanent
residents who sexually exploit minors outside the United
States; and
(4) the number of victims per United States citizen and
permanent resident who sexually exploit minors outside the
United States.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State, the Attorney General,
and the Comptroller General of the United States shall jointly submit
to the appropriate congressional committees a report that contains the
results of the study required under subsection (a).
SEC. 16. CONGRESSIONAL REPORTS.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a report on the
implementation of this Act, including--
(A) the procedures established for implementing
section 6;
(B) how the International Sex Offender Travel
Center has been established under section 7, including
the role and responsibilities of the respective
departments and agencies that are participating in the
Center, and how those roles are being coordinated to
accomplish the purposes of this Act and the amendments
made by this Act;
(C) the implementation of the integrated database
as required under section 7(d)(3), including which
Federal department or agency is responsible for each
task of submitting, updating, deconflicting, and
removing the respective data;
(D) the consultations that are being conducted
pursuant to section 7(e), and a summary of the
discussions that have taken place in the course of
those consultations;
(E) what, if any, assistance has been provided
pursuant to section 7(f) and section 12; and
(F) the reporting violation procedure established
pursuant to section 9.
(2) Form.--The report required under paragraph (1) may be
transmitted in classified form if such classification would
further the purposes of this Act or the amendments made by this
Act.
(b) Annual Report.--Not later than one year after the date of the
enactment of this Act, and every year for 4 years thereafter, the
President shall transmit 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 United States sex offenders who report
travel to or from a foreign country pursuant to section 4(a);
(2) the number of United States sex offenders charged,
prosecuted, and convicted for failing to report travel to or
from a foreign country pursuant to section 4(a);
(3) the number of positive identifications of individuals
falsely identified as sex offenders through the database
implemented pursuant to section 7(d)(3), and how each case was
handled or corrected;
(4) what actions have been taken, if any, by foreign
countries and territories of destination following notification
pursuant to section 7(d)(2);
(5) the number of United States citizens or permanent
residents arrested overseas for sex offenses, and in each
instance--
(A) the country of arrest;
(B) any prior criminal conviction or reported
criminal behavior in the United States;
(C) whether the individual was required to and did
report pursuant to section 4; and
(D) if the individual reported travel pursuant to
section 4, whether the individual was deemed not to be
a high risk sex offender by the ICE SAC; and
(6) recommendations as to how the United States can more
fully participate in international law enforcement cooperative
efforts to combat child sex exploitation.
SEC. 17. 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.
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