[Congressional Record Volume 156, Number 111 (Tuesday, July 27, 2010)]
[House]
[Pages H6087-H6097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERNATIONAL MEGAN'S LAW OF 2010
Ms. BERKLEY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5138) 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, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5138
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. 16. Budget compliance.
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) United States 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.
[[Page H6088]]
(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) 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.
(19) 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.
(20) 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.
(21) 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 issued to an
individual designated as 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, independently of this Act, is legally
required to register in the United States with a
jurisdiction, or who is legally required to register outside
the United States with a jurisdiction in accordance with
section 5.
(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
[[Page H6089]]
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 of the sex
offender 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 by the sex
offender 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
by the sex offender, 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, date and place of
issuance, and date of expiration;
(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 and is informed of, or is
otherwise aware of, the location of the sex offender, 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) obtain from such offender a signed 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) Foreign Registration Requirement.--
(1) 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).
(2) Regional registries.--If there are fewer than ten sex
offenders residing in a country, the Secretary of State, in
the Secretary's sole discretion, may designate a United
States diplomatic or consular mission in the same region as
such country to maintain the sex offender registry for sex
offenders in such country.
(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 six-month period,
shall register, and keep such registration current, at the
designated United States diplomatic or consular mission for
such country.
[[Page H6090]]
(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 for
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
location 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) Complete name (including any alias), date of birth, and
current photograph.
(B) Passport or passport card number, date and place of
issuance, date of expiration, 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, the address of any
residence maintained in the United States, and home and
cellular phone numbers.
(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 in the country
in which the sex offender is staying.
(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 by the sex offender and Attorney
General 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 staying to verify the information in the sex
offender registry maintained by the designated diplomatic or
consular mission for such country under subsection (a) to
allow such mission to take a current photograph of the sex
offender if the photograph on file no longer accurately
depicts the sex offender. If such diplomatic or consular
mission is not the mission that maintains the registry for
such country, such mission shall forward to the appropriate
mission any new or changed information and any new
photograph.
(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 for 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--
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(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 diplomatic or consular mission that
maintains a sex offender registry from which an eligible
entity seeks information may charge such eligible entity 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, or within
the countries where sex offenders on the mission's registry
are staying, as applicable, 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 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 in the travel
report receipt confirmation provided to the high interest
registered sex offender pursuant to section 7(c)(2) prior to
the transmission of such notice to the country or countries.
(f) Attorney General Complaint Review.--The Attorney
General, in coordination with the Center, shall establish a
mechanism to receive complaints from sex offenders negatively
affected by the high interest registered sex offender
assessment process pursuant to subsection (d)(4), the high
interest registered sex offender determination review process
pursuant to subsection (d)(5), or the travel report
confirmation process pursuant to section 7(c). A summary of
these complaints shall be included in the annual report to
Congress required under section 14(c)(4).
(g) 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.
(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. 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
[[Page H6092]]
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 they 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.--
(A) In general.--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--
(i) that the destination country or countries indicated in
the travel report are not being notified of the sex
offender's travel; or
(ii)(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.
(B) Certain risk.--If the high interest registered sex
offender is traveling from the United States and the Center
has reason to believe that the transmission of the notice
poses a risk to the life or well-being of the high interest
registered sex offender, the Center shall warn, in the
written communication provided to the high interest
registered sex offender, of such risk if the high interest
registered sex offender travels as intended.
(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; 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 issued to an individual designated as
a high interest registered sex offender.
(b) Limitation for Return to United States.--
Notwithstanding subsection (a), in no case shall a United
States citizen convicted by a court of competent jurisdiction
in a foreign country of a sex offense be precluded from
entering the United States due to a passport revocation under
such subsection.
(c) Reapplication.--An individual whose passport or
passport card was revoked pursuant to subsection (a)(1) may
reapply for a passport or passport card at any time after
such individual has returned 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).
[[Page H6093]]
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(g), 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(h) 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) with respect to the complaints received by the Attorney
General pursuant to section 6(f)--
(A) the number of such complaints received; and
(B) a summary of the nature of such complaints;
(5) 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;
(6) the results of the annual review process of the use of
the Center Sex Offender Guidelines conducted pursuant to
section 6(d)(6);
(7) 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;
(8)(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);
(9) 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;
(10) 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
(11) recommendations as to how the United States can more
fully participate in international law enforcement
cooperative efforts to combat child sex exploitation.
(d) Inspector General Audit and Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Inspectors General of the
Department of Justice and the Department of State shall
perform a comprehensive audit of and submit to the
appropriate congressional committees a report on the
implementation of sections 4, 5, 6, and 7.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) An assessment of all the complaints received by the
Department of Justice pursuant to section 6(f), and a
description as to what, if any, action was taken to resolve
each complaint.
(B) A description of any instances in which a United States
citizen or lawful permanent resident was mistakenly
identified as a sex offender who failed to comply with the
requirements of this Act and was confronted with such
failure.
(C) A description of any instances in which a United States
citizen or lawful permanent resident was prevented from
travelling to or from the United States as a consequence of
the implementation of this Act.
(D) A description of any instances in which a sex offender
was charged with violating the travel reporting requirement
under section 4 or the registration requirement under section
5 prior to such sex offender being duly noticed of the
relevant requirement.
(E) A description of any physical or substantial emotional
harm suffered by a high interest registered sex offender in a
destination country as a result of notice being given to such
destination country pursuant to section 6(e).
(F) A description of any instances in which information
about a sex offender on a registry at a United States
diplomatic or consular mission was disclosed in a manner not
authorized by this Act.
(G) A description and assessment of high interest
registered sex offender determination reviews conducted
pursuant to section 6(d), including the number of such
determinations that were overturned.
(H) A description and assessment of any other substantive
or administrative challenges identified in implementing and
administering sections 4, 5, 6, and 7.
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.
SEC. 16. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been
submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Nevada (Ms. Berkley) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
The Chair recognizes the gentlewoman from Nevada.
General Leave
Ms. BERKLEY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise
[[Page H6094]]
and extend their remarks and to include extraneous material on the bill
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Nevada?
There was no objection.
Ms. BERKLEY. I yield myself such time as I may consume.
I rise in very strong support of this bill.
I would like to first commend the gentleman from New Jersey (Mr.
Smith) and the ranking member from Florida (Ms. Ros-Lehtinen) for their
hard work and dedication to this bill, International Megan's Law of
2010.
Mr. Speaker, this is a product of a 2-year investigation into
international child sex tourism and exploitation. Staffs on both sides
of the aisle, including staff from the Judiciary Committee, have worked
very hard to craft a bill that would serve as an important tool in
protecting children abroad from child sex predators.
Some child sex offenders, who are really perverts, travel from the
United States to other countries solely for the purpose of committing
sexual acts with children. Others decide to stay abroad, taking
advantage of their anonymity where laws against these sex acts are weak
or are rarely enforced.
International Megan's Law would establish a system for providing
advance notice to foreign countries when a convicted child sex offender
travels to that country. It also mandates a registration requirement
for child sex offenders from the United States who reside or stay
abroad.
Worldwide, over 2 million children are sexually exploited each year
through trafficking, prostitution, and child sex tourism. The damage
inflicted on these children by sexual crimes can be incredibly severe
and beyond comprehension to most of us. Not only are exploited children
at risk of physical trauma and diseases, such as HIV/AIDS, but they
suffer very serious psychological, emotional, and spiritual damage that
can last for the remainder of their lives.
Between 2003 and 2009, U.S. Immigration and Customs Enforcement
cooperated with INTERPOL and foreign law enforcement agencies to
investigate cases of the sexual exploitation of children abroad,
obtaining 73 convictions for such crimes committed in other countries.
This bill will strengthen that enforcement capability and will
discourage child sex tourism by requiring these offenders to notify
relevant authorities of their intentions to travel abroad. It will also
establish a nonpublic registry at U.S. consular and diplomatic missions
where U.S. citizens and residents who live abroad and who have been
convicted of sex offenses against minors will be required to register.
To know that an individual poses a danger to children and to do
nothing simply because that person leaves our territory is
unconscionable. We have the capability to help other governments
protect their citizens, and we need to do all we can to prevent these
predators from circumventing our laws to prey on children of foreign
countries.
Mr. Speaker, I urge all of my colleagues to support this legislation.
I reserve the balance of my time.
Ms. ROS-LEHTINEN. I yield myself such time as I may consume.
Mr. Speaker, I rise as a strong and proud original cosponsor of H.R.
5138, the International Megan's Law of 2010.
The innocence of childhood is a sacred trust that deserves to be
protected always and everywhere. Sexual crimes against children are
especially deplorable because they violate that trust, rob children of
their childhoods and, in some cases, begin a cycle of abuse that ruins
multiple lives by turning victims into future abusers.
In recent decades, Mr. Speaker, we have grown in our understanding of
these crimes and of the compulsions of their perpetrators, so our laws
have also evolved to better protect the young. In most cases, convicted
offenders who pose risks to children are required to register in the
localities in which they reside.
Just 2 months ago, my home State of Florida enacted additional
safeguards, barring predators from loitering near schools and other
places where children congregate. But right now, such protections do
not effectively extend beyond national borders, and so an alarming
number of child predators use the anonymity that comes with
international travel to help them find new victims.
Far away from the jurisdictions in which their crimes are known,
these offenders enter unsuspecting communities to groom and exploit
young boys and girls. This heartbreaking pattern occurs all around the
world. It can involve something as simple as illicit travel to a known
sex tourism destination, such as Cuba, where that brutal regime remains
classified by our State Department as a tier 3 entity that fails to
meet even the minimum standards for combating human trafficking. Or it
can entail a ruse as sophisticated as establishing a front charity or
an orphanage in economically depressed areas, such as southeast Asia,
to secure ready access to vulnerable children.
These criminals are ruthless in their hunt for new victims, but as
things stand today, no country, including the United States, receives
adequate warning when dangerous child predators are coming to visit.
Thus, many crimes remain undeterred and undetected, and many young
lives are permanently scarred as a result. The International Megan's
Law will help protect the children of the world from these dangers in
two major ways:
First, it will establish a system for providing advance notice to
officials when a sex offender who poses a high risk to children is
traveling to their country.
Second, it will require U.S. child sex offenders who live overseas to
register and periodically reverify their presence with local U.S.
diplomatic or consular missions.
This bill also grants the State Department clear authority to
restrict the passports of convicted child sex offenders so that they
cannot jump from country to country indefinitely to avoid returning to
the U.S.
While the bill is simple in its basic concept, it provides a
carefully constructed mechanism to ensure that the full range of
operational, legal, and constitutional interests are protected.
{time} 1320
I want to thank my colleague from New Jersey (Mr. Smith) for his
leadership on this bill, which is the culmination of years of research,
field visits and consultations with U.S. and foreign law enforcement
officials.
Child predators do not become less dangerous when they cross
international borders. They must not be allowed to use their passports
as a disguise.
I urge my colleagues to support this basic protection of our
children.
Mr. Speaker, I yield the balance of my time to the gentleman from New
Jersey (Mr. Smith), the author of this bill, and I ask unanimous
consent that he control the time.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Mr. SMITH of New Jersey. I yield myself such time as I may consume.
Mr. Speaker, the International Megan's Law is the culmination of over
3 years of extensive negotiations and research by multiple parties. Mr.
Payne and I are deeply grateful to all who have helped craft this
legislation.
I want to thank the majority leader, Steny Hoyer, for scheduling this
legislation today and for his commitment to mitigating the crime, the
heinous crime, of human trafficking. He and I have worked on that for
years. And the International Megan's Law, which is a corollary to the
trafficking work, has as its singular goal the protection of children
from sex predators.
Special thanks to Chairman Berman and Ileana Ros-Lehtinen for their
strong support for International Megan's Law, for helping to shepherd
it through the committee, and for their staffs for being so helpful in
terms of words and phrases, as well as important concepts in the bill.
I would also like to thank Chairman Payne and Ranking Member Lamar
Smith and Bobby Scott for their support and their recommendations that
are included in the bill as well.
I would especially like to thank the gentleman from California (Mr.
Daniel E. Lungren), former Attorney General, now Congressman, an expert
on Megan's Law, for his enormous contribution because he was at the
forefront in his State in implementing the
[[Page H6095]]
Megan's Law; and Ted Poe, who is the co-chairman of the Victims' Rights
Caucus, for his work and for his compassion for those who are
victimized by any number of crimes, including the crimes that we are
talking about today.
I also would like to thank Sheri Rickert, Kristin Wells, and Janice
Kaguyutan, staffers who have really done yeoman's work on this
legislation. I am very, very grateful for that. And the NGOs that have
also collaborated with us, the National Center for Missing and
Exploited Children, who have endorsed the bill, the Covenant House,
which has done a petition drive, and World Vision, and my distinguished
friend from Nevada (Ms. Berkley), I thank her for her leadership as
well.
This is a bipartisan bill and, hopefully, it will become law for one
reason: to protect children.
Mr. Speaker, our national and various State versions of Megan's Law
have revolutionized how we deal with child predators. Maureen and
Richard Kanka of my hometown wrote the book on neighborhood
notification and protection of children and families through
information. We all owe an enormous debt to Maureen and Richard for
taking a horrific tragedy, the sexual abuse and murder of their 7-year-
old daughter, Megan, back in 1994, and turning it into the noble cause
of protecting children throughout the United States.
But now it's imperative that we take the lessons learned on how to
protect our children from known child sex predators within our borders
and expand those protections globally.
Child predators, Mr. Speaker, thrive on secrecy and lack of any
meaningful accountability. The secrecy they thrive on allows them to
commit heinous crimes, crimes against children, and to do so with
impunity. Megan's Law, with its emphasis on notification and knowing
who is doing what and where, not only protects American children, but
it also will protect children worldwide.
Just last month, Mr. Speaker, the GAO issued a deeply disturbing
report entitled ``Current Situation Results in Thousands of Passports
Issued to Registered Sex Offenders.'' The GAO found that at least 4,500
U.S. passports were issued to known registered sex offenders in fiscal
year 2008 alone. The GAO emphasized that this number is probably
understated due to the limitations of the data that it was able to
analyze and to access.
Let me also remind--we all know it--passports last for 10 years, so,
again, this number would grow every year.
What is even more disturbing are the details about 30 of those sex
offenders, passport recipients the GAO selected for further
investigation. One registered sex offender solicited trips to Mexico to
find and prey on young boys. The FBI found cameras in a medical bag
with a Spanish language flyer advertising lice removal for children, a
procedure that requires children to undress. This offender, who is
currently serving a prison sentence for possession of child
pornography, applied for a passport because he plans to live in Mexico
after he serves his sentence to avoid registering as a sex offender.
Another sex offender in the GAO report has multiple convictions for
sexual contact with 11-year-olds. The offender had traveled to the
Philippines, a known child sex tourism destination, as well as to
Germany and France, since receiving his passport. He was recently
indicted for possession of child pornography and for attempting to have
sex with a two-year-old little girl.
Several of the registered sex offenders used their passports to
travel to known child sex tourism destinations, including Mexico, the
Philippines and the Caribbean islands. The victims of several of these
offenders range from the ages of 7 to 11 years old.
Mr. Speaker, the ILO estimates that there are about 1.8 million
children who are victims of commercial sexual exploitation around the
world each year. The GAO's report confirms that American sex offenders
are a significant part of this outrage.
According to the Immigration and Customs Enforcement, ICE, each year
about 10,000 sex offenders covered by the bill before us travel
internationally. We have information and the technology at our disposal
to determine what constitutes a high-risk registered sex offender and
to ensure that appropriate government officials are noticed in a timely
fashion. And, frankly, if the country wants to say, ``you don't get a
visa, you don't come,'' or ``if you do come, our law enforcement will
keep an eye on you,'' that's what we hope will happen if this becomes
law.
Mr. Speaker, H.R. 5138 would establish the legal framework that is
required to accomplish this very achievable goal of noticing. Pursuant
to the bill, registered sex offenders would notify our law enforcement
30 days before they travel, allowing experts in the newly created
international sex offender travel center, led by ICE, to ascertain
whether the individual poses a high risk of sexually exploiting
children in the destination country. If the answer is in the
affirmative, our law enforcement would be able to notify officials in
that country who could either monitor the activities when he enters or
prevent him from entering all together.
The legislation would also establish sex offender registries at U.S.
diplomatic missions for U.S. child sex offenders who reside in other
countries. This foreign registration system would allow U.S. law
enforcement to track the location of sex offenders and to better
ascertain if and when they re-enter the United States.
Clearly, the goals of this legislation do not stop at protecting
children overseas from U.S. predators. Sex offenders from around the
world are now able to cross borders and oceans to carry out their
nefarious activity under the cloak of anonymity and disappear before a
child is willing or able to reveal the terrible crime.
The International Megan's Law would establish the model needed for
the Administration to pressure other countries to take action to stop
child sex tourism originating within their borders and threatening
children in the United States and everywhere else.
I have finally, Mr. Speaker, had so many conversations with people
from other countries, foreign dignitaries who have asked me when the
United States Congress is going to do something about American sex
offenders traveling to their countries to rape their children. The
International Megan's Law is the answer to that question, and I hope my
colleagues will support it.
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Poe),
an esteemed member of both the Foreign Affairs Committee and the
Judiciary Committee, and founder and co-chair of the Congressional
Victims Rights Caucus.
Mr. POE of Texas. Mr. Speaker, I appreciate the work the gentleman,
Mr. Smith, has done on human trafficking throughout his career here in
Congress to make the Congress and the American people aware of this
horrible tragedy that's taking place throughout the world. And I
especially appreciate his work on this legislation, International
Megan's Law.
Mr. Speaker, slavery is alive and, unfortunately, doing very well in
this world today. We see it in the form of human trafficking, sex
trafficking, slavery of children who are taken from different parts of
the world by these slave traders and, for money, they exploit these
children, and they make money because there are consumers that want to
abuse children.
{time} 1330
Unfortunately, 25 percent of the consumers who use sex trade victims
are from the United States. They leave this country. They go to foreign
countries. They find some child, and they abuse that child, and they
pay some slave trader for that service. A million people a year are
involved as victims of human trafficking. Fifty percent of them are
children. Most of them are under the age of 18. It is the scourge that
is taking place in our world today. And it's about time we let the
world know about it. And it's about time we do something about it.
I am founder and cochair, along with my friend Mr. Costa from
California, of the Victims Rights Caucus. Children that are exploited,
that are taken and they are used for sex trafficking, first of all are
not criminals. They are victims of criminal conduct. The criminals are
the slave traders and the criminals are those who pay to exploit those
children.
[[Page H6096]]
It's important that we first take care and find out who those victims
are. We should treat them as victims, those children that have been
exploited. The second thing we do, we find out who those slave traders
are and we put them in jails throughout the world. Lock them up. That's
where they belong, no matter where they do their dirty deeds. And the
third thing is those consumers, those who pay to exploit children, some
of those 25 percent from the United States, we not only lock them up,
we let people know who they are. We publish their names, we put their
photographs on the Internet, we let people know who these individuals
are.
This legislation goes a long way in helping the children. So when
some predator gets out of our penitentiary for molesting a kid and
wants to leave the country to continue their evil ways, they've got to
tell us about it so we can tell that other country, Watch out, this
this guy's coming to your country. And so that country can be on
notice, so we can be on notice, so we can keep up with these people.
Based on my experience as a judge in Texas for over 20 years,
unfortunately most of these child molesters, when they leave the
penitentiary, they do it again, and they continue those devilish ways.
And it's important we know who they are. This legislation is excellent.
I support it.
Ms. BERKLEY. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. SMITH of New Jersey. I thank Judge Poe for his extraordinary
statement and his observation that they recommit. That is what this is
all about.
I yield 2 minutes to the gentleman from California (Mr. Daniel E.
Lungren), ranking member on the House Committee on Administration, an
original cosponsor of this bill, and former Attorney General of
California.
Mr. DANIEL E. LUNGREN of California. I thank the gentleman for the
time.
Mr. Speaker, in the mid-1990s, when I was privileged to serve the
State of California as its Attorney General, we looked to New Jersey
for inspiration to change our laws. At that time, if you were a sex
offender convicted of a sex offense and you had served your time, even
though that was public information, it was almost impossible for the
public at large to know who you were and where you were living. So we
decided to follow the New Jersey law in California and adopt Megan's
Law, which gave information more readily accessible to the public about
where these predators live. It has worked enormously well.
The claims of those who thought we would somehow deprive those who
had served their time of their privacy rights, or that we would somehow
instill the seeds of vigilantism, have been proven wrong. It has worked
very, very effectively.
Since that time we have adopted laws such as Jessica's Laws, which
says that those who are registered sex offenders cannot live near
children, they cannot live near schools where children go, they cannot
live close to the parks where they may play. And that has worked well.
So some of these sex offenders have decided that they will ply their
vicious trade, so to speak, beyond our shores. And those are the ones
that this International Megan's Law directs its attention to. No longer
will they have the mask of anonymity when they go looking for children
to exploit in foreign countries.
This is a simple law. It is a law based on information. It is a law
based on the knowledge of those who have already committed and are
likely to recommit. It makes eminent sense. We hope there will be a
unanimous vote in favor of International Megan's Law.
Ms. BERKLEY. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from Indiana (Mr. Burton), the ranking member of the Foreign
Affairs Subcommittee on the Middle East and South Asia and one of the
original sponsors of this legislation.
Mr. BURTON of Indiana. I want to thank everybody that's been involved
in this legislation, Mr. Poe; my colleague from California (Mr.
Lungren); and I especially want to say something about Chris Smith.
Chris Smith, who is the sponsor of this bill, has been one of the
hardest working Congressmen that I have ever seen in my life. He has
worked very hard on the rights of the unborn since he came to Congress
what, 25 or so years ago. He has worked very hard on things like
Megan's Law. We have had a lot of great legislators in this body
throughout history, but I don't know of anybody who has been more
dedicated, more committed to doing the right things for children, both
born and unborn, than Chris Smith.
And I think in the Bible, and I may misquote this, but Paul the
Apostle said, ``I have fought the fight, I have kept the faith,
henceforth the crown of righteousness is laid up for me in Heaven.''
And that fits you too, Chris. I really mean that.
Let me just say this about Megan's Law. There should be no place in
the world for these people to hide. There should be no place where
they're not prosecuted or persecuted for what they do to these
children. And so I think this law is so important because there have
been literally planeloads of perverts, pedophiles that travel around
the world to ply their evil when they can't do it here in the United
States because we've started passing laws that deal with them so
severely.
No matter what we do in this legislation or with this legislation, in
my opinion it's not enough. It's just not enough. And I don't think I
want to be redundant and say anything more than that except for all of
you who have worked so hard on this legislation, you have my undying
gratitude.
Ms. BERKLEY. I continue to reserve my time.
Mr. SMITH of New Jersey. In closing, Mr. Speaker, I again thank my
friends on the majority side for their courtesy and for working so
closely with us on this legislation. It truly is a bipartisan bill.
You know, in 2000 I was the prime sponsor of the Trafficking Victims
Protection Act, and added the three Ps, prevention, prosecution, and
protection. And a very comprehensive effort was made. We are now 10
years into implementation of that law. The TIP report that comes out
every year comes out pursuant to that law.
One of the things we did in that law was to try to get every other
country to pass laws that look a lot like ours, and maybe better and
then we will borrow from their ideas. In this legislation as well there
is a real admonition to the President and the State Department to try
to get other countries to enact Megan's Laws in their own countries--a
few have them, most don't--so we can protect our kids from these
pedophiles when they come to our shores.
I urge a ``yes'' vote.
National Center for Missing &
Exploited Children,
July 21, 2010.
Hon. Chris Smith,
Washington, DC.
Dear Representative Smith: On behalf of the National Center
for Missing & Exploited Children (NCMEC), I commend you for
introducing H.R. 5138, the International Megan's Law of 2010.
This important piece of legislation will help protect
children around the world from registered sex offenders who
seek to victimize them.
Sex tourism is an insidious practice whereby offenders
travel to other countries for the purpose of sexually
victimizing a child. According to an estimate from the U.S.
Department of State, 1 million children are exploited by the
global commercial sex trade each year. Currently, there are
very few limitations regulating the international travel of
registered sex offenders. Simply requiring registration
within an offender's country of residence does nothing to
protect children in other countries from victimization. It is
imperative that we do everything we can to provide U.S. and
international law enforcement with information that might
prevent a child from being victimized.
We are grateful for your leadership and your steadfast
commitment to the most vulnerable members of our society.
Sincerely,
Ernie Allen,
President & CEO.
I have no further requests for time, and I yield back the balance of
my time.
Ms. BERKLEY. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Nevada (Ms. Berkley) that the House suspend the rules
and pass the bill, H.R. 5138, as amended.
The question was taken; and (two-thirds being in the affirmative) the
[[Page H6097]]
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________