[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4573 Reported in Senate (RS)]

                                                       Calendar No. 645
113th CONGRESS
  2d Session
                                H. R. 4573


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2014

                                Received

                           December 11, 2014

     Read twice and referred to the Committee on Foreign Relations

                           December 11, 2014

              Reported by Mr. Menendez, without amendment

_______________________________________________________________________

                                 AN ACT


 
 To protect children from exploitation, especially sex trafficking in 
 tourism, by providing advance notice of intended travel by registered 
child-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 to Prevent Demand for Child Sex Trafficking''.
    (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.
Sec. 3. Definitions.
Sec. 4. Angel Watch Center.
Sec. 5. Sense of Congress provisions.
Sec. 6. Enhancing the minimum standards for the elimination of 
                            trafficking.
Sec. 7. Assistance to foreign countries to meet minimum standards for 
                            the elimination of trafficking.
Sec. 8. Rules of Construction.

SEC. 2. 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) In 2006, Congress passed the Adam Walsh Child 
        Protection and Safety Act of 2006 (Public Law 109-248) to 
        protect children and the public at large by establishing a 
        comprehensive national system for the registration and 
        notification to the public and law enforcement officers of 
        convicted sex offenders.
            (4) Law enforcement reports indicate that known child-sex 
        offenders are traveling internationally, and that the criminal 
        background of such individuals may not be known to local law 
        enforcement prior to their arrival.
            (5) The commercial sexual exploitation of minors in child 
        sex trafficking and pornography is a global phenomenon. The 
        International Labour Organization has estimated that 1.8 
        million children worldwide are victims of child sex trafficking 
        and pornography each year.
            (6) Child sex tourism, where an individual travels to a 
        foreign country and engages in sexual activity with a child in 
        that country, is a form of child exploitation and, where 
        commercial, child sex trafficking.
            (7) 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.
            (8) 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 child-sex offenders traveling to the 
        United States, foreign authorities will expect United States 
        authorities to provide reciprocal notice of child-sex offenders 
        traveling to their countries.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Center.--The term ``Center'' means the Angel Watch 
        Center established pursuant to section 4(a).
            (2) Child-sex offender.--
                    (A) In general.--The term ``child-sex offender'' 
                means an individual who is a sex offender described in 
                paragraph (3) or (4) of section 111 of the Adam Walsh 
                Child Protection and Safety Act of 2006 (42 U.S.C. 
                16911) by reason of being convicted of a child-sex 
                offense.
                    (B) Definition of convicted.--In this paragraph, 
                the term ``convicted'' has the meaning given the term 
                in paragraph (8) of section 111 of such Act.
            (3) Child-sex offense.--
                    (A) In general.--The term ``child-sex offense'' 
                means a specified offense against a minor, as defined 
                in paragraph (7) of section 111 of the Adam Walsh Child 
                Protection and Safety Act of 2006 (42 U.S.C. 16911), 
                including--
                            (i) an offense (unless committed by a 
                        parent or guardian) involving kidnapping;
                            (ii) an offense (unless committed by a 
                        parent or guardian) involving false 
                        imprisonment;
                            (iii) solicitation to engage in sexual 
                        conduct;
                            (iv) use in a sexual performance;
                            (v) solicitation to practice prostitution;
                            (vi) video voyeurism as described in 
                        section 1801 of title 18, United States Code;
                            (vii) possession, production, or 
                        distribution of child pornography;
                            (viii) criminal sexual conduct involving a 
                        minor, or the use of the Internet to facilitate 
                        or attempt such conduct; and
                            (ix) any conduct that by its nature is a 
                        sex offense against a minor.
                    (B) Other offenses.--The term ``child-sex offense'' 
                includes a sex offense described in paragraph (5)(A) of 
                section 111 of the Adam Walsh Child Protection and 
                Safety Act of 2006 that is a specified offense against 
                a minor, as defined in paragraph (7) of such section.
                    (C) Foreign convictions; offenses involving 
                consensual sexual conduct.--The limitations contained 
                in subparagraphs (B) and (C) of section 111(5) of the 
                Adam Walsh Child Protection and Safety Act of 2006 
                shall apply with respect to a child-sex offense for 
                purposes of this Act to the same extent and in the same 
                manner as such limitations apply with respect to a sex 
                offense for purposes of the Adam Walsh Child Protection 
                and Safety Act of 2006.
            (4) 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) To the extent provided in, and subject to the 
                requirements of, section 127 of the Adam Walsh Child 
                Protection and Safety Act of 2006 (42 U.S.C. 16927), a 
                federally recognized Indian tribe.
            (5) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.

SEC. 4. ANGEL WATCH CENTER.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish within the Child Exploitation Investigations Unit of United 
States Immigration and Customs Enforcement (ICE) of the Department of 
Homeland Security a Center, to be known as the ``Angel Watch Center'', 
to carry out the activities specified in subsection (d).
    (b) Leadership.--The Center shall be headed by the Director of ICE, 
in collaboration with the Commissioner of United States Customs and 
Border Protection (CBP) and in consultation with the Attorney General.
    (c) Members.--The Center shall consist of the following:
            (1) The Director of ICE.
            (2) The Commissioner of CBP.
            (3) Individuals who are designated as analysts in ICE or 
        CBP.
            (4) Individuals who are designated as program managers in 
        ICE or CBP.
    (d) Activities.--
            (1) In general.--The Center shall carry out the following 
        activities:
                    (A) Receive information on travel by child-sex 
                offenders.
                    (B) Establish a system to maintain and archive all 
                relevant information, including the response of 
                destination countries to notifications under subsection 
                (e) where available, and decisions not to transmit 
                notification abroad.
                    (C) Establish an annual review process to ensure 
                that the Center is consistent in procedures to provide 
                notification to destination countries or not to provide 
                notification to destination countries, as appropriate.
            (2) Information required.--The United States Marshals 
        Service's National Sex Offender Targeting Office shall make 
        available to the Center information on travel by child-sex 
        offenders in a timely manner for purposes of carrying out the 
        activities described in paragraph (1) and (e).
    (e) Notification.--
            (1) To countries of destination.--
                    (A) In general.--The Center may transmit notice of 
                impending or current international travel of a child-
                sex offender to the country or countries of destination 
                of the child-sex offender, including to the visa-
                issuing agent or agents in the United States of the 
                country or countries.
                    (B) Form.--The notice under this paragraph may be 
                transmitted through such means as determined 
                appropriate by the Center, including through an ICE 
                attache.
            (2) To offenders.--
                    (A) General notification.--
                            (i) In general.--If the Center transmits 
                        notice under paragraph (1) of impending 
                        international travel of a child-sex offender to 
                        the country or countries of destination of the 
                        child-sex offender, the Secretary of Homeland 
                        Security, in conjunction with any appropriate 
                        agency, shall make reasonable efforts to 
                        provide constructive notice through electronic 
                        or telephonic communication to the child-sex 
                        offender prior to the child-sex offender's 
                        arrival in the country or countries.
                            (ii) Exception.--The requirement to provide 
                        constructive notice under clause (i) shall not 
                        apply in the case of impending international 
                        travel of a child-sex offender to the country 
                        or countries of destination of the child-sex 
                        offender if such constructive notice would 
                        conflict with an existing investigation 
                        involving the child-sex offender.
                    (B) Specific notification regarding risk to life or 
                well-being of offender.--If the Center has reason to 
                believe that to transmit notice under paragraph (1) 
                poses a risk to the life or well-being of the child-sex 
                offender, the Center shall make reasonable efforts to 
                provide constructive notice through electronic or 
                telephonic communication to the child-sex offender of 
                such risk.
                    (C) Specific notification regarding probable denial 
                of entry to offender.--If the Center has reason to 
                believe that a country of destination of the child-sex 
                offender is highly likely to deny entry to the child-
                sex offender due to transmission of notice under 
                paragraph (1), the Center shall make reasonable efforts 
                to provide constructive notice through electronic or 
                telephonic communication to the child-sex offender of 
                such probable denial.
            (3) Sunset.--The authority of paragraph (1) shall terminate 
        with respect to a child-sex offender beginning as of the close 
        of the last day of the registration period of such child-sex 
        offender under section 115 of the Adam Walsh Child Protection 
        and Safety Act of 2006 (42 U.S.C. 16915).
    (f) Complaint Review.--The Center shall establish a mechanism to 
receive complaints from child-sex offenders affected by notifications 
of destination countries of such child-sex offenders under subsection 
(e).
    (g) Consultations.--The Center shall seek to engage in ongoing 
consultations with--
            (1) nongovernmental organizations, including faith-based 
        organizations, that have experience and expertise in 
        identifying and preventing child sex tourism and rescuing and 
        rehabilitating minor victims of international sexual 
        exploitation and trafficking;
            (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.
    (h) 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. 5. 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 title I of the Adam Walsh Child Protection and 
        Safety Act of 2006 (42 U.S.C. 16901 et seq.); and
            (2) 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) Notification to the United States of Child-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 States citizen has been arrested, convicted, sentenced, 
or completed a prison sentence for a child-sex offense in the foreign 
country.

SEC. 6. 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 severe forms of trafficking in 
persons related to sex tourism''.

SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR 
              THE ELIMINATION OF TRAFFICKING.

    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.

SEC. 8. RULES OF CONSTRUCTION.

    (a) Department of Justice.--Nothing in this Act shall be construed 
to preclude or alter the jurisdiction or authority of the Department of 
Justice under the Adam Walsh Child Protection and Safety Act of 2006 
(42 U.S.C. 16901 et seq.), including section 113(d) of such Act, or any 
other provision law, or to affect the work of the United States 
Marshals Service with INTERPOL.
    (b) Angel Watch Center.--Nothing in this Act shall be construed to 
preclude the Angel Watch Center from transmitting notice with respect 
to any sex offender described in paragraph (3) or (4) of section 111 of 
the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 
16911) or with respect to any sex offense described in paragraph (5) of 
such section.
                                                       Calendar No. 645

113th CONGRESS

  2d Session

                               H. R. 4573

_______________________________________________________________________

                                 AN ACT

 To protect children from exploitation, especially sex trafficking in 
 tourism, by providing advance notice of intended travel by registered 
child-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.

_______________________________________________________________________

                           December 11, 2014

     Read twice and referred to the Committee on Foreign Relations

                           December 11, 2014

                       Reported without amendment