[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1434 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1434

   To render inadmissible to the United States aliens who have been 
  convicted of a sex offense against a minor, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 2011

  Mr. Shuler introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To render inadmissible to the United States aliens who have been 
  convicted of a sex offense 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.

    This Act may be cited as the ``International Child Protection Act 
of 2011''.

SEC. 2. PREVENTING ADMISSION OF ALIENS CONVICTED OF SEX OFFENSES 
              AGAINST MINORS.

    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.--
                            ``(i) In general.--Any alien convicted of, 
                        or who admits having committed, or who admits 
                        committing acts which constitute the essential 
                        elements of, a sex offense is inadmissible.
                            ``(ii) Definitions.--
                                    ``(I) In general.--For purposes of 
                                clause (i), the term `sex offense' 
                                means a criminal offense, including a 
                                Federal offense, against a minor that 
                                involves any of the following:
                                            ``(aa) Solicitation to 
                                        engage in sexual conduct.
                                            ``(bb) Use in a sexual 
                                        performance.
                                            ``(cc) Solicitation to 
                                        practice prostitution (whether 
                                        for financial or other forms of 
                                        remuneration).
                                            ``(dd) Video voyeurism as 
                                        described in section 1801 of 
                                        title 18, United States Code.
                                            ``(ee) Possession, 
                                        production, or distribution of 
                                        child pornography.
                                            ``(ff) Criminal sexual 
                                        conduct involving a minor, or 
                                        the use of the Internet to 
                                        facilitate or attempt such 
                                        conduct.
                                            ``(gg) Sex trafficking of 
                                        children as described in 
                                        section 1591 of title 18, 
                                        United States Code.
                                            ``(hh) 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.
                                            ``(ii) Any other conduct 
                                        that by its nature is a sex 
                                        offense against a minor.
                                    ``(II) Exceptions.--The term `sex 
                                offense' shall not include the 
                                following:
                                            ``(aa) 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).
                                            ``(bb) 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.
                                    ``(III) Minor.--For purposes of 
                                subclause (I), the term `minor' means 
                                an individual who has not attained the 
                                age of 18 years.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that the Secretary of Homeland 
Security, the Attorney General, and the Secretary of State should work 
with law enforcement agencies of foreign countries and appropriate 
international organizations to establish information reporting 
mechanisms sufficient to enable the implementation of the amendment 
made by section 2.
                                 <all>