[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5138 Reported in House (RH)]
Union Calendar No. 327
111th CONGRESS
2d Session
H. R. 5138
[Report No. 111-568, Part I]
To protect children from sexual exploitation by mandating reporting
requirements for convicted sex traffickers and other registered sex
offenders against minors intending to engage in international travel,
providing advance notice of intended travel by high interest registered
sex offenders outside the United States to the government of the
country of destination, requesting foreign governments to notify the
United States when a known child sex offender is seeking to enter the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2010
Mr. Smith of New Jersey (for himself, Mr. Payne, Ms. Ros-Lehtinen, Mr.
Daniel E. Lungren of California, Mr. Crenshaw, Mr. Wilson of South
Carolina, Mr. Burton of Indiana, Mr. Fortenberry, Mr. Poe of Texas, Mr.
Lance, Mr. Aderholt, Mr. Upton, Mr. Pitts, Mr. King of New York, Mr.
Wolf, Mrs. Schmidt, Mr. Pascrell, and Mr. Davis of Tennessee)
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
July 27, 2010
Additional sponsors: Mr. Manzullo, Mr. Bilbray, Mr. Kildee, Mr. Inglis,
Ms. Granger, Mr. Rush, and Mr. Pomeroy
July 27, 2010
Reported from the Committee on Foreign Affairs
July 27, 2010
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
To protect children from sexual exploitation by mandating reporting
requirements for convicted sex traffickers and other registered sex
offenders against minors intending to engage in international travel,
providing advance notice of intended travel by high interest registered
sex offenders outside the United States to the government of the
country of destination, requesting foreign governments to notify the
United States when a known child sex offender is seeking to enter the
United States, 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 2010''.
(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. International Sex Offender Travel Center.
Sec. 7. Center Sex Offender Travel Guidelines.
Sec. 8. Authority to restrict passports.
Sec. 9. Immunity for good faith conduct.
Sec. 10. Sense of Congress provisions.
Sec. 11. Enhancing the minimum standards for the elimination of
trafficking.
Sec. 12. Special report on international mechanisms related to
traveling child sex offenders.
Sec. 13. Assistance to foreign countries to meet minimum standards for
the elimination of trafficking.
Sec. 14. Congressional reports.
Sec. 15. 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 End Child Prostitution, Child Pornography
and Trafficking in Children for Sexual Purposes (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. These children are also at great risk of further
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 destination
countries for child sex tourism.
(9) According to the National Center for Missing and
Exploited Children (NCMEC), most victims of sex offenders are
minors.
(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. For example, 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.
(11) U.S. Immigration and Customs Enforcement (ICE) has
taken a leading role in the fight against the sexual
exploitation of minors abroad, in cooperation with other United
States agencies, law enforcement from other countries,
INTERPOL, and nongovernmental organizations. In addition to
discovering evidence of and investigating child sex crimes, ICE
has provided training to foreign law enforcement and NGOs, as
appropriate, for the prevention, detection, and investigation
of cases of child sexual exploitation.
(12) Between 2003 and 2009, ICE obtained 73 convictions of
individuals from the United States charged with committing
sexual crimes against minors in other countries.
(13) While necessary to protect children and rescue
victims, the detection and investigation of child sex predators
overseas is costly. Such an undercover operation can cost
approximately $250,000. A system that would aid in the
prevention of such crimes is needed to safeguard vulnerable
populations and to reduce the cost burden of addressing crimes
after they are committed.
(14) 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. Interpol London notified
Interpol United States National Central Bureau (USNCB) about
the sex offender's status. Interpol USNCB notified the United
States Customs and Border Protection officers, who refused to
allow the sex offender to enter the country.
(15) Foreign governments need to be encouraged to notify
the United States as well as other countries when a known sex
offender is entering our borders. For example, Canada has a
national sex offender registry, but Canadian officials do not
notify United States law enforcement when a known sex offender
is entering the United States unless the sex offender is under
investigation.
(16) 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.
(17) Individuals who have been arrested in and deported
from a foreign country for sexually exploiting children 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.
(18) 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.
(19) 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.
(20) In order to protect children, it is essential that
United States law enforcement be able to identify high risk
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.
(21) ICE and other Federal law enforcement agencies
currently are sharing information about sex offenders traveling
internationally with law enforcement entities in some other
countries on an ad hoc basis through INTERPOL and other means.
The technology to detect and notify foreign governments about
travel by child sex offenders is available, but a legal
structure and additional resources are needed to systematize
and coordinate these detection and notice efforts.
(22) 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.
(23) The United States, with its international law
enforcement relations, technological and communications
capability, and established sex offender registry system,
should now take the opportunity to lead the global community in
the effort to save thousands of potential child victims by
notifying other countries of travel by sex offenders who pose a
high risk of exploiting children, maintaining information about
sex offenders from the United States who reside overseas, and
strongly encouraging other countries to undertake the same
measures to protect children around the world.
(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
sex offense against a minor while traveling by--
(1) establishing a system in the United States to notify
the appropriate officials of other countries when a sex
offender who is identified as a high interest registered sex
offender intends to travel to their country;
(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) establishing and maintaining non-public sex offender
registries in United States diplomatic and consular missions in
order to maintain critical data on United States citizen and
lawful permanent resident sex offenders who are residing
abroad;
(4) providing the Secretary of State with the discretion to
revoke the passport or passport card of an individual who has
been convicted overseas for a sex offense against a minor, or
limit the period of validity of a passport or passport card
issued to a high interest registered sex offender;
(5) including whether a country is investigating and
prosecuting its nationals suspected of engaging in severe forms
of trafficking in persons abroad in the minimum standards for
the elimination of human trafficking under section 108 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.);
(6) mandating a report from the Secretary of State, in
consultation with the Attorney General, about the status of
international notifications between governments about child sex
offender travel; and
(7) providing assistance to foreign countries under section
134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to
establish systems to identify sex offenders and provide and
receive notification of child sex offender international
travel.
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) Center.--The term ``Center'' means the International
Sex Offender Travel Center established pursuant to section
6(a).
(3) Convicted as excluding certain juvenile
adjudications.--The term ``convicted'' or a variant thereof,
used with respect to a sex offense of a minor, does not
include--
(A) adjudicated delinquent as a juvenile for that
offense; or
(B) convicted as an adult for that offense, unless
the offense took place after the offender had attained
the age of 14 years and the conduct upon which the
conviction took place was comparable to or more severe
than aggravated sexual abuse (as described in section
2241 of title 18, United States Code), or was an
attempt or conspiracy to commit such an offense.
(4) High interest registered sex offender.--The term ``high
interest registered sex offender'' means a sex offender as
defined under paragraph (8) who the Center, pursuant to section
7 and based on the totality of the circumstances, has a
reasonable belief presents a high risk of committing a sex
offense against a minor in a country to which the sex offender
intends to travel.
(5) Jurisdiction.--The term ``jurisdiction'' means any of
the following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Samoa.
(F) The Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) A federally recognized Indian tribe that
maintains a sex offender registry, or another
jurisdiction to which an Indian tribe has delegated the
function of maintaining a sex offender registry on its
behalf.
(I) A United States diplomatic or consular mission
that maintains a sex offender registry pursuant to
section 5 of this Act.
(6) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
(7) 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).
(8) Sex offender.--Except as provided in sections 12 and
13, the term ``sex offender'' means a United States citizen or
lawful permanent resident who is convicted of a sex offense as
defined in this Act, including a conviction by a foreign court,
and who is legally required to register with a jurisdiction.
(9) Sex offense.--
(A) In general.--The term ``sex offense'' means a
criminal offense against a minor, including any Federal
offense, that is punishable by statute by more than one
year of imprisonment and 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) Conduct that would violate section
1591 (relating to sex trafficking of children
or by force, fraud, or coercion) of title 18,
United States Code, if the conduct had involved
interstate or foreign commerce and where the
person recruited, enticed, harbored,
transported, provided, or obtained had not
attained the age of 18 years at the time of the
conduct.
(viii) Any other conduct that by its nature
is a sex offense against a minor.
(B) Exceptions.--The term ``sex offense'' does not
include--
(i) a foreign conviction, unless the
conviction was obtained with sufficient
safeguards for fundamental fairness and due
process for the accused; or
(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.
(C) Special rule for determining whether sufficient
safeguards exist.--For the purposes of subparagraph
(B)(i), compliance with the guidelines or regulations
established under section 112 of the Sex Offender
Registration and Notification Act (42 U.S.C. 16911)
creates a rebuttable presumption that the conviction
was obtained with sufficient safeguards for fundamental
fairness and due process for the accused.
SEC. 4. SEX OFFENDER TRAVEL REPORTING REQUIREMENT.
(a) Duty To Report.--
(1) In general.--A sex offender who is a United States
citizen or alien lawfully admitted to the United States for
permanent residence shall notify a jurisdiction where he or she
is registered as a sex offender of his or her intention to
travel either from the United States to another country or from
another country to the United States, subject to subsection (f)
and in accordance with the rules issued under subsection (b).
The sex offender shall provide notice--
(A) not later than 30 days before departure from or
arrival in the United States; or
(B) in individual cases in which the Center
determines that a personal or humanitarian emergency,
business exigency, or other situation renders the
deadline in subparagraph (A) to be impracticable or
inappropriate, as early as possible.
(2) Transmission of notice from the jurisdiction to the
center.--A jurisdiction so notified pursuant to paragraph (1)
shall transmit such notice to the Center within 24 hours or the
next business day, whichever is later, of receiving such
notice.
(3) Period of reporting requirement.--The duty to report
required under paragraph (1) shall take effect on the date that
is 425 days after the date of the enactment of this Act or
after a sex offender has been duly notified of the duty to
report pursuant to subsection (d), whichever is later, and
terminate at such time as the sex offender is no longer
required to register in any jurisdiction for a sex offense.
(4) Notice to jurisdictions.--Not later than 395 days after
the date of the enactment of this Act, the Center shall provide
notice to all jurisdictions of the requirement to receive
notifications regarding travel from sex offenders and the means
for informing the Center about such travel notifications
pursuant to paragraph (1).
(b) Rules for Reporting.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Attorney General and the Secretary of State,
shall issue rules to carry out subsection (a) in accordance with the
purposes of this Act. Such rules--
(1) shall establish procedures for reporting under
subsection (a), including the method of payment and
transmission of any fee to United States Immigration and
Customs Enforcement (ICE) pursuant to subsection (c);
(2) shall set forth the information required to be
reported, including--
(A) complete name(s);
(B) address of residence and home and cellular
numbers;
(C) all e-mail addresses;
(D) date of birth;
(E) social security number;
(F) citizenship;
(G) passport or passport card number and date and
place of issuance;
(H) alien registration number, where applicable;
(I) information as to the nature of the sex offense
conviction;
(J) jurisdiction of conviction;
(K) travel itinerary, including the anticipated
length of stay at each destination, and purpose of the
trip;
(L) if a plane ticket or other means of
transportation has been purchased, prior to the
submission of this information, the date of such
purchase;
(M) whether the sex offender is traveling alone or
as part of a group; and
(N) contact information prior to departure and
during travel; and
(3) in consultation with the jurisdictions, shall provide
appropriate transitional provisions in order to make the phase-
in of the requirements of this Act practicable.
(c) Fee Charge.--ICE is authorized to charge a sex offender a fee
for the processing of a notice of intent to travel submitted pursuant
to subsection (a)(1). Such fee--
(1) shall initially not exceed the amount of $25;
(2) may be increased thereafter not earlier than 30 days
after consultation with the appropriate congressional
committees;
(3) shall be collected by the jurisdiction at the time that
the sex offender provides the notice of intent to travel;
(4) shall be waived if the sex offender demonstrates to the
satisfaction of ICE, pursuant to a fee waiver process
established by ICE, that the payment of such fee would impose
an undue financial hardship on the sex offender;
(5) shall be used only for the activities specified in
sections 4, 6, and 7; and
(6) shall be shared equitably with the jurisdiction that
processes the notice of intent to travel.
(d) 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
2010, after being duly notified of the requirements 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''.
(e) Duty To Notify Sex Offenders of Reporting and International
Registration Requirement.--
(1) In general.--When an official is required under the law
of a jurisdiction or under the rules established pursuant to
subsection (b) to notify a sex offender (as defined in section
3(8)) of a duty to register as a sex offender under the law of
such jurisdiction, the official shall also, at the same time--
(A) notify the offender of such offender's duties
to report international travel under this section and
to register as a sex offender under section 5, and the
procedure for fulfilling such duties; and
(B) require such offender to read and sign a form
stating that such duties to report and register, and
the procedure for fulfilling such duties, have been
explained and that such offender understands such
duties and such procedure.
(2) Sex offenders convicted in foreign countries.--When a
United States citizen or lawful permanent resident is convicted
in a foreign country of a sex offense and the United States
diplomatic or consular mission in such country is informed of
such conviction, such diplomatic or consular mission shall--
(A) notify such sex offender of such offender's
duties to report travel to the United States and to
register as a sex offender under this Act and the
procedure for fulfilling such duties; and
(B) require such offender to read and sign a form
stating that such duties to report and register, and
the procedure for fulfilling such duties, have been
explained and that such offender understands such
duties and such procedure.
(3) Requirements relating to form.--The form required by
paragraphs (1)(B) and (2)(B) shall be maintained by the entity
that maintains the sex offender registry in the jurisdiction in
which the sex offender was convicted.
(f) Procedures With Respect to Sex Offenders Who Regularly Transit
Across the United States Borders.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall establish a system for identifying and monitoring, as
appropriate and in accordance with the purposes of this Act,
sex offenders who, for legitimate business, personal, or other
reasons regularly transit across the border between the United
States and Mexico or the border between the United States and
Canada.
(2) Report.--Not later than the date of the establishment
of the border system pursuant to paragraph (1), the Secretary
of Homeland Security shall transmit to the appropriate
congressional committees a report on the implementation of such
system.
SEC. 5. FOREIGN REGISTRATION REQUIREMENT FOR SEX OFFENDERS.
(a) In General.--Not later than 395 days after the date of the
enactment of this Act, a designated United States diplomatic or
consular mission in each foreign country shall establish and maintain a
countrywide nonpublic sex offender registry for sex offenders (as
defined in section 3(8)) who are United States citizens or aliens
lawfully admitted to the United States for permanent residence who
remain in such country for the time period specified in subsection (b).
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 alien lawfully admitted to the United States for
permanent residence--
(A) who remains in a foreign country for more than
30 consecutive days; or
(B) who remains in a foreign country for more than
30 days within a 6-month period,
shall register, and keep such registration current, at the
designated United States diplomatic or consular mission in such
country.
(2) Period of registration requirement.--The registration
requirement specified in paragraph (1) shall--
(A) begin when the sex offender registry has been
established at the designated diplomatic or consular
mission in the country in which a sex offender is
staying and such sex offender has received notice of
the requirement to register pursuant to this section;
and
(B) end on the sooner of--
(i) such time as the sex offender departs
such country and has provided notice of all
changes of information in the sex offender
registry as required under paragraph (3);
(ii) in the case of a conviction in the
United States, such time has elapsed as the sex
offender would have otherwise been required to
register in the jurisdiction of conviction for
the applicable sex offense; or
(iii) in the case of a foreign conviction,
such time as the sex offender would have
otherwise been required to register under
section 115 of the Sex Offender Registration
and Notification Act (42 U.S.C. 16915) for the
applicable sex offense.
(3) Keeping the registration current.--Subject to the
period of registration requirement under paragraph (2), 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
the designated diplomatic or consular mission in such country
under subsection (a). If the diplomatic or consular mission is
not the mission that maintains the registry in that country,
the mission shall forward the changed information to the
appropriate diplomatic or consular mission.
(4) Registration and notification procedure.--Not later
than one year after the date of the enactment of this Act, the
Secretary of State, in consultation with the Attorney General
and the Secretary of Homeland Security, shall issue regulations
for the establishment and maintenance of the registries
described in subsection (a), including--
(A) the manner in which sex offenders who are
convicted in a foreign country of a sex offense, whose
conviction and presence in the foreign country are
known by the United States Government, and who are
required to register pursuant to United States law,
including this Act, will be notified of such
requirement;
(B) the manner for registering and changing
information as specified in paragraphs (1) and (3);
(C) the manner for disclosing information to
eligible entities as specified in subsection (h)(2);
and
(D) a mechanism by which individuals listed on the
sex offender registry can notify the diplomatic or
consular mission of any errors with respect to such
listing and by which the Department of State shall
correct such errors.
(c) Cross Reference for Criminal Penalties for Nonregistration.--
Criminal penalties for nonregistration are provided in section 2250(d)
of title 18, United States Code, which was added by section 4(d)(1) 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).
(B) Passport or passport card, and visa type and
number, if applicable.
(C) Alien registration number, where applicable.
(D) Social Security number of the sex offender.
(E) 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.
(F) Purpose for the sex offender's residence in the
country.
(G) Name and address of any place where the sex
offender is an employee or will be or has applied to be
an employee and will have regular contact with minors.
(H) Name and address of any place where the sex
offender is a student or will be or has applied to be a
student and will have regular contact with minors.
(I) All e-mail addresses.
(J) Most recent address in the United States and
State of legal residence.
(K) The jurisdiction in which the sex offender was
convicted and the jurisdiction or jurisdictions in
which the sex offender was most recently legally
required to register.
(L) The license plate number and a description of
any vehicle owned or operated by the sex offender.
(M) The date or approximate date when the sex
offender plans to leave the country.
(N) Any other information required by the Secretary
of State.
(2) Provided by the attorney general and the jurisdiction
of conviction.--
(A) In general.--The United States diplomatic or
consular mission shall notify the Attorney General that
a sex offender is registering with such mission
pursuant to subsection (b). Upon receipt of such
notice, the Attorney General shall obtain the
information specified in subparagraph (C) and transmit
it to the mission within 15 business days.
(B) Information provided by the jurisdiction of
conviction.--If the only available source for any of
the information specified in subparagraph (C) is the
jurisdiction in which the conviction of the sex
offender occurred, the Attorney General shall request
such information from the jurisdiction of conviction.
The jurisdiction shall provide the information to the
Attorney General within 15 business days of receipt of
the request.
(C) Information.--The information specified in this
subparagraph is the following:
(i) The sex offense history of the sex
offender, including--
(I) the text of the provision of
law defining the sex offense;
(II) the dates of all arrests and
convictions related to sex offenses;
and
(III) the status of parole,
probation, or supervised release.
(ii) The most recent available photograph
of the sex offender.
(iii) The time period for which the sex
offender is required to register pursuant to
the law of the jurisdiction of conviction.
(3) Provided by the diplomatic or consular mission.--The
United States diplomatic or consular mission at which a sex
offender registers shall collect and include the following
information in the registry maintained by such mission:
(A) Information provided pursuant to paragraphs (1)
and (2).
(B) A physical description of the sex offender.
(C) 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 a United States diplomatic or consular mission in
the country 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 sex offender registry maintained by the designated
diplomatic or consular mission in such country under subsection (a). If
such diplomatic or consular mission is not the mission that maintains
the registry in such country, such mission shall forward such
photograph and information to the appropriate mission.
(f) Transmission of Registry Information to the Attorney General.--
For the purposes of updating the National Sex Offender Registry and
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 new or changed information
about a sex offender pursuant to paragraphs (1) and (3) of subsection
(b) for the sex offender registry maintained by such mission under
subsection (a), such mission shall, not later than 24 hours or the next
business day, whichever is later, after receipt of such new or changed
information, transmit to the Attorney General such new or changed
information. Not later than 24 hours or the next business day,
whichever is later, after the receipt of such new or changed
information, the Attorney General shall transmit such new or changed
information to the State of legal residence or the State of last known
address, as appropriate, of such sex offender.
(g) Access to Registry Information by United States Law
Enforcement.--Federal, State, local, tribal, and territorial law
enforcement shall be afforded access for official purposes to all
information on a sex offender registry maintained by a United States
diplomatic or consular mission pursuant to subsection (a).
(h) Other Access to Registry Information.--
(1) In general.--Information on a registry established
pursuant to subsection (a) shall not be made available to the
general public except as provided in paragraph (2).
(2) Exception for eligible entities.--
(A) In general.--An eligible entity described in
subparagraph (B) may request certain information on the
sex offender registry maintained by the United States
diplomatic or consular mission in the country where the
eligible entity is located, in accordance with this
paragraph.
(B) Eligible entities described.--An eligible
entity referred to in subparagraph (A) is--
(i) an entity that provides direct services
to minors;
(ii) an official law enforcement entity; or
(iii) an investigative entity that is
affiliated with an official law enforcement
entity for the purpose of investigating a
possible sex offense.
(C) Information request process.--An eligible
entity may request information on the sex offender
registry from the United States Government official
designated for this purpose by the head of the
diplomatic or consular mission in which the sex
offender registry is maintained. The official, in
consultation with the head of such diplomatic or
consular mission, shall have the sole discretion
whether and to what extent to provide information about
a particular registered sex offender on the sex
offender registry as designated in subparagraph (D).
Before providing an eligible entity with such
information, the official shall first obtain from the
eligible entity a written certification that--
(i) the eligible entity shall provide
access to the information only to the persons
as designated in the certificate who require
access to such information for the purpose for
which the information is provided;
(ii) the information shall be maintained
and used by the eligible entity in a
confidential manner for employment or volunteer
screening or law enforcement purposes only, as
applicable;
(iii) the information may not otherwise be
disclosed to the public either by the eligible
entity or by the employees of the eligible
entity who are provided access; and
(iv) the eligible entity shall destroy the
information or extract it from any
documentation in which it is contained as soon
as the information is no longer needed for the
use for which it was obtained.
(D) Information to be disclosed.--
(i) To service providers.--An eligible
entity described in paragraph (2)(B) may
request necessary and appropriate information
on the registry with respect to an individual
who is listed on the registry and is applying
for or holds a position within the entity that
involves contact with children.
(ii) To law enforcement and investigative
entities.--An eligible entity described in
paragraph (2)(B) may request necessary and
appropriate information on the registry that
may assist in the investigation of an alleged
sex offense against a minor.
(E) Fee charge.--The employing agency of the
designated official who receives the requests for
information on the registry may charge eligible
entities a reasonable fee for providing information
pursuant to this subsection.
(F) Notification of possible access to
information.--The diplomatic or consular mission that
maintains a sex offender registry should make a
reasonable effort to notify law enforcement entities
and other entities that provide services to children,
particularly schools that hire foreign teachers, within
the country in which the mission is located of the
possibility of limited access to registry information
and the process for requesting such information as
provided in this subsection.
(G) Denial of access to information.--An eligible
entity that fails to comply with the certificate
provisions specified in subparagraph (C) may be denied
all future access to information on a sex offender
registry at the discretion of the designated official.
(i) Actions To Be Taken if a Sex Offender Fails To Comply.--When a
United States diplomatic or consular mission determines that a sex
offender has failed to comply with the requirements of this section,
such mission shall notify the Attorney General and revise the sex
offender registry maintained by such mission under subsection (a) to
reflect the nature of such failure.
(j) 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
2010''.
SEC. 6. INTERNATIONAL SEX OFFENDER TRAVEL CENTER.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the President shall establish the International
Sex Offender Travel 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 Homeland Security, including United
States Immigration and Customs Enforcement, United States
Customs and Border Protection, and the Coast Guard.
(2) 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.
(3) The Department of Justice, including the Interpol-
United States National Central Bureau, 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's National Sex Offender
Targeting Center.
(4) 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) Prior to the implementation of the sex offender travel
reporting requirement under section 4, cooperate with each
jurisdiction to implement the means for transmitting travel
reports from that jurisdiction to the Center.
(2) Prior to the implementation of the sex offender travel
reporting system under section 4, offer to provide training to
officials within each jurisdiction who will be responsible for
implementing any aspect of such system.
(3) Establish a means to receive, assess, and respond to an
inquiry from a sex offender as to whether he or she is required
to report international travel pursuant to this Act.
(4) Conduct assessments of sex offender travel pursuant to
section 7.
(5) Establish a panel to review and respond within seven
days to appeals from sex offenders who are determined to be
high interest registered sex offenders. The panel shall consist
of individuals who are not involved in the initial assessment
of high interest registered sex offenders, and shall be from
the following agencies:
(A) The Department of Justice.
(B) The Department of State.
(C) The Office for Civil Rights and Civil Liberties
of the Department of Homeland Security.
(6) Transmit notice of impending or current international
travel of high interest registered sex offenders to the
Secretary of State, together with an advisory regarding whether
or not the period of validity of the passport or passport card
of the high interest registered sex offender should be limited
to one year or such period of time as the Secretary of State
shall determine appropriate.
(7) Establish a system to maintain and archive all relevant
information related to the assessments conducted pursuant to
paragraph (4) and the review of appeals conducted by the panel
established pursuant to paragraph (5).
(8) Establish an annual review process to ensure that the
Center Sex Offender Travel Guidelines issued pursuant to
section 7(a) are being consistently and appropriately
implemented.
(9) Establish a means to identify sex offenders who have
not reported travel as required under section 4 and who are
initiating travel, currently traveling, or have traveled
outside the United States.
(e) Additional Activity Related to Transmission of Notice.--The
Center may, in its sole discretion, transmit notice of impending or
current international travel of high interest registered sex offenders
to the country or countries of destination of such sex offenders as
follows:
(1) If a high interest registered sex offender submits an
appeal to the panel established pursuant to subsection (d)(5),
no notice may be transmitted to the destination country prior
to the completion of the appeal review process, including
transmission of the panel's decision to the sex offender.
(2) The notice may be transmitted through such means as
determined appropriate by the Center, including through an ICE
attache, INTERPOL, or such other appropriate means as
determined by the Center.
(3) If the Center has reason to believe that transmission
of the notice poses a risk to the life or well-being of the
high interest registered sex offender, the Center shall make
every reasonable effort to issue a warning to the high interest
registered sex offender of such risk prior to the transmission
of such notice to the country or countries.
(f) Consultations.--The Center shall engage in ongoing
consultations with--
(1) NCMEC, 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 and software 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.
(g) Technical Assistance.--The Secretary of Homeland Security and
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. 7. CENTER SEX OFFENDER TRAVEL GUIDELINES.
(a) Issuance of Center Sex Offender Travel Guidelines.--Not later
than 180 days after the date of the enactment of this Act, the Center
shall issue the Center Sex Offender Travel Guidelines for the
assessment of sex offenders--
(1) who report international travel from the United States
to another country pursuant to section 4(a), or
(2) whose travel is reported pursuant to subsection (b),
for purposes of determining whether such sex offenders are considered
high interest registered sex offenders by United States law
enforcement.
(b) Law Enforcement Notification.--
(1) In general.--Federal, State, local, tribal, or
territorial law enforcement entities or officials from within
the United States who have reasonable grounds to believe that a
sex offender is traveling outside the United States and may
engage in a sex offense against a minor may notify the Center
and provide as much information as practicable in accordance
with section 4(b)(2).
(2) Notice to law enforcement entities.--Not later than 425
days after the date of the enactment of this Act, the Center
shall provide notice to all known, official law enforcement
entities within the United States of the possibility of
notifying the Center of anticipated international travel by a
sex offender pursuant to paragraph (1).
(c) Travel Report Receipt Confirmation.--
(1) In general.--Not later than seven days before the date
of departure indicated in the sex offender travel report, the
Center shall provide the sex offender with written confirmation
of receipt of the travel report. The written communication
shall include the following information:
(A) The sex offender should have the written
communication in his or her possession at the time of
departure from or return to the United States.
(B) The written communication is sufficient proof
of satisfactory compliance with the travel reporting
requirement under this Act if travel is commenced and
completed within seven days before or after the dates
of travel indicated in the travel report.
(C) The procedure that the sex offender may follow
to request a change, at the sole discretion of the
Center, of the time period covered by the written
confirmation in the event of an emergency or other
unforeseen circumstances that prevent the sex offender
from traveling within seven days of the dates specified
in the sex offender's travel report.
(D) The requirement to register with a United
States diplomatic or consular mission if the sex
offender remains in a foreign country for more than 30
consecutive days or for more than 30 days within a 6-
month period pursuant to section 5.
(E) Any additional information that the Center, in
its sole discretion, determines necessary or
appropriate.
(2) Departure from the united states.--If the sex offender
is traveling from the United States, the written communication
shall indicate, in addition to the information specified in
paragraph (1), either--
(A) that the destination country or countries
indicated in the travel report are not being notified
of the sex offender's travel; or
(B)(i) that such country or countries are being
notified that the sex offender is a high interest
registered sex offender and intends to travel to such
countries; and
(ii) that a review of such notification is
available by the panel established pursuant to section
6(d)(5), together with an explanation of the process
for requesting such a review, including the means for
submitting additional information that may refute the
Center's determination that the sex offender is a high
interest registered sex offender.
(d) Report to Congress.--Upon the issuance of the Center Sex
Offender Travel Guidelines under subsection (a), the Center shall
submit to the appropriate congressional committees a report containing
the guidelines in a manner consistent with the protection of law
enforcement-sensitive information.
SEC. 8. AUTHORITY TO RESTRICT PASSPORTS.
(a) In General.--The Secretary of State is authorized to--
(1) revoke the passport or passport card of an individual
who has been convicted by a court of competent jurisdiction in
a foreign country of a sex offense until such time as the
individual returns to the United States and is determined
eligible for the reissuance of such passport or passport card,
as the case may be; and
(2) 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
interest registered sex offender.
(b) Limitation for Return to United States.--Notwithstanding
subsection (a), in no case shall a United States citizen be precluded
from entering the United States. The Secretary of State may, prior to
revocation, limit a previously issued passport or passport card only
for return travel to the United States, or may issue a limited passport
or passport card that only permits return travel to the United States.
SEC. 9. 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. 10. SENSE OF CONGRESS PROVISIONS.
(a) Bilateral Agreements.--It is the sense of Congress that the
President should negotiate memoranda of understanding or other
bilateral agreements with foreign governments to further the purposes
of this Act and the amendments made by 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.--In order to better protect children
and young adolescents from domestic and international sexual
exploitation, 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 16 to raise the age of consent to
sexual activity to at least the age of 16 and those countries that do
not criminalize the appearance of persons below the age of 18 in
pornography or the engagement of persons below the age of 18 in
commercial sex transactions to prohibit such activity.
(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. 11. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.
Section 108(b)(4) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7106(b)(4)) is amended by adding at the end before the
period the following: ``, including cases involving nationals of that
country who are suspected of engaging in severe forms of trafficking of
persons in another country''.
SEC. 12. SPECIAL REPORT ON INTERNATIONAL MECHANISMS RELATED TO
TRAVELING CHILD SEX OFFENDERS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Attorney General, shall submit to the appropriate congressional
committees a report containing the following information (to the extent
such information is available from the government concerned or from
other reliable sources):
(1) A list of those countries that have or could easily
acquire the technological capacity to identify sex offenders
who reside within the country.
(2) A list of those countries identified in paragraph (1)
that utilize electronic means to identify and track the current
status of sex offenders who reside within the country, and a
summary of any additional information maintained by the
government with respect to such sex offenders.
(3)(A) A list of those countries identified in paragraph
(2) that currently provide, or may be willing to provide,
information about a sex offender who is traveling
internationally to the destination country.
(B) With respect to those countries identified in
subparagraph (A) that currently notify destination countries
that a sex offender is traveling to that country:
(i) The manner in which such notice is transmitted.
(ii) How many notices are transmitted on average
each year, and to which countries.
(iii) Whether the sex offenders whose travel was so
noticed were denied entry to the destination country on
the basis of such notice.
(iv) Details as to how frequently and on what basis
notice is provided, such as routinely pursuant to a
legal mandate, or by individual law enforcement
personnel on a case-by-case basis.
(v) How sex offenders are defined for purpose of
providing notice of travel by such individuals.
(vi) What international cooperation or mechanisms
currently are unavailable and would make the
transmission of such notifications more efficacious in
terms of protecting children.
(C) With respect to those countries identified in
subparagraph (A) that are willing but currently do not provide
such information, the reason why destination countries are not
notified.
(4)(A) A list of those countries that have an established
mechanism to receive reports of sex offenders intending to
travel from other countries to that country.
(B) A description of the mechanism identified in
subparagraph (A).
(C) The number of reports of arriving sex offenders
received in each of the past 5 years.
(D) What international cooperation or mechanisms currently
are unavailable and would make the receipt of such
notifications more efficacious in terms of protecting children.
(5) A list of those countries identified in paragraph (4)
that do not provide information about a sex offender who is
traveling internationally to the destination country, and the
reason or reasons for such failure. If the failure is due to a
legal prohibition within the country, an explanation of the
nature of the legal prohibition and the reason for such
prohibition.
(b) Definition.--In this section, the term ``sex offender'' means
an individual who has been convicted of a criminal offense against a
minor that involves any of the acts described in clauses (i) through
(viii) of section 3(9)(A).
SEC. 13. 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 criminal offense against a
minor that involves any of the acts described in clauses (i) through
(viii) of section 3(9)(A).
SEC. 14. CONGRESSIONAL REPORTS.
(a) Initial Consultations.--Not less than 30 days before the
completion of the activities required pursuant to sections 4(b),
5(b)(4), 6(a), and 7(a), the entities responsible for the
implementation of such sections shall consult with the appropriate
congressional committees concerning such implementation.
(b) Initial Report.--
(1) In general.--Not later than 1 year 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) how the International Sex Offender Travel
Center has been established under section 6(a),
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;
(B) the procedures established for implementing
section 7 regarding the Center Sex Offender Travel
Guidelines;
(C) the rules regarding sex offender travel reports
issued pursuant to section 4(b);
(D) the establishment of registries at United
States diplomatic missions pursuant to section 5,
including the number and location of such registries
and any difficulties encountered in their establishment
or operation;
(E) the consultations that are being conducted
pursuant to section 6(e), and a summary of the
discussions that have taken place in the course of
those consultations; and
(F) what, if any, assistance has been provided
pursuant to section 6(f) and section 13.
(2) Form.--The report required under paragraph (1) may be
transmitted in whole or in part in classified form if such
classification would further the purposes of this Act or the
amendments made by this Act.
(c) 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)(A) the number of United States sex offenders who have
reported travel to or from a foreign country pursuant to
section 4(a);
(B) the number of sex offenders who were identified as
having failed to report international travel as required by
section 4(a); and
(C) the number of those identified in each of subparagraphs
(A) and (B) who reported travel or who traveled from the United
States without previously reporting and whose travel was
noticed to a destination country;
(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 sex offenders who were determined to be
high interest registered sex offenders by the Center, the
number of appeals of such determinations received by the panel
established pursuant to section 6(d)(5), the length of time
between the receipt of each such appeal and transmission of the
response, the extent and nature of any information provided to
the sex offender in response to the appeal, the reason for
withholding any information requested by the sex offender, and
the number of high interest registered sex offender
determinations by the Center that were reversed by the review
panel;
(4) if ICE charges a fee pursuant to section 4(c)--
(A) the amount of the fee;
(B) a description of the process to collect the fee
and to transfer a percentage of the fee to the
jurisdiction that processed the report;
(C) the percentage of the fee that is being shared
with the jurisdictions, the basis for the percentage
determination, and which jurisdictions received a
percentage of the fees;
(D) how the revenues from the fee have been
expended by ICE; and
(E) the fee waiver process established pursuant to
section 4(c)(4), how many fee waiver requests were
received, and how many of those received were granted;
(5) the results of the annual review process of the use of
the Center Sex Offender Guidelines conducted pursuant to
section 6(d)(6);
(6) what immediate actions have been taken, if any, by
foreign countries and territories of destination following
notification pursuant to section 6(d)(3), to the extent such
information is available;
(7)(A) the number of United States citizens or lawful
permanent residents arrested overseas and convicted in the
United States for sex offenses, and in each instance--
(i) the age of the suspect and the number and age
of suspected victims;
(ii) the country of arrest;
(iii) any prior criminal conviction or reported
criminal behavior in the United States;
(iv) whether the individual was required to and did
report pursuant to section 4; and
(v) if the individual reported travel pursuant to
section 4 prior to the commission of the crime, whether
the individual was deemed not to be a high interest
registered sex offender by the Center; and
(B) for purposes of this paragraph, the term ``sex
offense'' means a criminal offense involving sexual conduct
against a minor or an adult, including the activities listed in
clauses (i) through (viii) in section 3(9)(A);
(8) which countries have been requested to notify the
United States when a United States citizen has been arrested,
convicted, sentenced, or completed a prison sentence for a sex
offense in that country, and of those countries so requested,
which countries have agreed to do so, through either formal or
informal agreement;
(9) any memoranda of understanding or other bilateral
agreements that the United States has negotiated with a foreign
government to further the purposes of this Act pursuant to
section 10(a); and
(10) recommendations as to how the United States can more
fully participate in international law enforcement cooperative
efforts to combat child sex exploitation.
SEC. 15. 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 2011 through 2015.
Union Calendar No. 327
111th CONGRESS
2d Session
H. R. 5138
[Report No. 111-568, Part I]
_______________________________________________________________________
A BILL
To protect children from sexual exploitation by mandating reporting
requirements for convicted sex traffickers and other registered sex
offenders against minors intending to engage in international travel,
providing advance notice of intended travel by high interest registered
sex offenders outside the United States to the government of the
country of destination, requesting foreign governments to notify the
United States when a known child sex offender is seeking to enter the
United States, and for other purposes.
_______________________________________________________________________
July 27, 2010
Reported from the Committee on Foreign Affairs
July 27, 2010
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed