[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.
                                 <all>