IIB 

111TH CONGRESS 

2D SESSION H. R. 5138 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2010 

Received 

AUGUST 5, 2010 

Read twice and referred to the Committee on Foreign Relations 

AN ACT 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘International Megan’s Law of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 

8 SEC. 2. FINDINGS AND DECLARATION OF PURPOSES. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) Megan Nicole Kanka, who was 7 years old, 

11 was abducted, sexually assaulted, and murdered in 

12 1994, in the State of New Jersey by a violent pred13 ator living across the street from her home. Unbe14 knownst to Megan Kanka and her family, he had 

15 been convicted previously of a sex offense against a 

16 child. 


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1 (2) In 1996, Congress adopted Megan’s Law 

2 (Public Law 104–145) as a means to encourage 

3 States to protect children by identifying the where4 abouts of sex offenders and providing the means to 

5 monitor their activities. 

6 (3) The sexual exploitation of minors is a global 

7 phenomenon. The International Labour Organiza8 tion estimates that 1.8 million children worldwide 

9 are exploited each year through prostitution and 

10 pornography. 

11 (4) According to End Child Prostitution, Child 

12 Pornography and Trafficking in Children for Sexual 

13 Purposes (ECPAT International), all children are 

14 adversely affected by being commercially sexually ex15 ploited. Commercial sexual exploitation can result in 

16 serious, lifelong, even life-threatening consequences 

17 for the physical, psychological, spiritual, emotional 

18 and social development and well-being of a child. 

19 (5) ECPAT International reports that children 

20 who are commercially sexually exploited are at great 

21 risk of contracting HIV or AIDS and are unlikely to 

22 receive adequate medical care. These children are 

23 also at great risk of further physical violence—those 

24 who make an attempt to escape or counter their 

25 abuse may be severely injured or killed. The psychoVerDate Mar 15 2010 00:11 Aug 07, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5138.RFS H5138

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1 logical effects of child sexual exploitation and threats 

2 usually plague the victims for the rest of their lives. 

3 (6) ECPAT International further reports that 

4 children who have been exploited typically report 

5 feelings of shame, guilt, and low self-esteem. Some 

6 children do not believe they are worthy of rescue; 

7 some suffer from stigmatization or the knowledge 

8 that they were betrayed by someone whom they had 

9 trusted; others suffer from nightmares, sleepless10 ness, hopelessness, and depression—reactions similar 

11 to those exhibited in victims of torture. To cope, 

12 some children attempt suicide or turn to substance 

13 abuse. Many find it difficult to reintegrate success14 fully into society once they become adults. 

15 (7) According to ECPAT International, child 

16 sex tourism is a specific form of child prostitution 

17 and is a developing phenomenon. Child sex tourism 

18 is defined as the commercial sexual exploitation of 

19 children by people who travel from one place to an20 other and there engage in sexual acts with minors. 

21 This type of exploitation can occur anywhere in the 

22 world and no country or tourism destination is im23 mune. 

24 (8) According to research conducted by The 

25 Protection Project of The Johns Hopkins University 


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1 Paul H. Nitze School of Advanced International 

2 Studies, sex tourists from the United States who 

3 target children form a significant percentage of child 

4 sex tourists in some of the most significant destina5 tion countries for child sex tourism. 

6 (9) According to the National Center for Miss7 ing and Exploited Children (NCMEC), most victims 

8 of sex offenders are minors. 

9 (10) Media reports indicate that known sex of10 fenders who have committed crimes against children 

11 are traveling internationally, and that the criminal 

12 background of such individuals may not be known to 

13 local law enforcement prior to their arrival. For ex14 ample, in April 2008, a United States registered sex 

15 offender received a prison sentence for engaging in 

16 illicit sexual activity with a 15-year-old United 

17 States citizen girl in Ciudad Juarez, Chihuahua, 

18 Mexico in exchange for money and crack cocaine. 

19 (11) United States Immigration and Customs 

20 Enforcement (ICE) has taken a leading role in the 

21 fight against the sexual exploitation of minors 

22 abroad, in cooperation with other United States 

23 agencies, law enforcement from other countries, 

24 INTERPOL, and nongovernmental organizations. In 

25 addition to discovering evidence of and investigating 


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1 child sex crimes, ICE has provided training to for2 eign law enforcement and NGOs, as appropriate, for 

3 the prevention, detection, and investigation of cases 

4 of child sexual exploitation. 

5 (12) Between 2003 and 2009, ICE obtained 73 

6 convictions of individuals from the United States 

7 charged with committing sexual crimes against mi8 nors in other countries. 

9 (13) While necessary to protect children and 

10 rescue victims, the detection and investigation of 

11 child sex predators overseas is costly. Such an un12 dercover operation can cost approximately $250,000. 

13 A system that would aid in the prevention of such 

14 crimes is needed to safeguard vulnerable populations 

15 and to reduce the cost burden of addressing crimes 

16 after they are committed. 

17 (14) Sex offenders are also attempting to enter 

18 the United States. In April 2008, a lifetime reg19 istered sex offender from the United Kingdom at20 tempted to enter the United States with the inten21 tion of living with a woman who he had met on the 

22 Internet and her young daughters. Interpol London 

23 notified Interpol United States National Central Bu24 reau (USNCB) about the sex offender’s status. 

25 Interpol USNCB notified the United States Customs 


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1 and Border Protection officers, who refused to allow 

2 the sex offender to enter the country. 

3 (15) Foreign governments need to be encour4 aged to notify the United States as well as other 

5 countries when a known sex offender is entering our 

6 borders. For example, Canada has a national sex of7 fender registry, but Canadian officials do not notify 

8 United States law enforcement when a known sex of9 fender is entering the United States unless the sex 

10 offender is under investigation. 

11 (16) Child sex tourists may travel overseas to 

12 commit sexual offenses against minors for the fol13 lowing reasons: perceived anonymity; law enforce14 ment in certain countries is perceived as scarce, cor15 rupt, or unsophisticated; perceived immunity from 

16 retaliation because the child sex tourist is a United 

17 States citizen; the child sex tourist has the financial 

18 ability to impress and influence the local population; 

19 the child sex tourist can ‘‘disappear’’ after a brief 

20 stay; the child sex tourist can target children meet21 ing their desired preference; and, there is no need to 

22 expend time and effort ‘‘grooming’’ the victim. 

23 (17) Individuals who have been arrested in and 

24 deported from a foreign country for sexually exploit25 ing children have used long-term passports to evade 


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1 return to their country of citizenship where they 

2 faced possible charges and instead have moved to a 

3 third country where they have continued to exploit 

4 and abuse children. 

5 (18) In order to protect children, it is essential 

6 that United States law enforcement be able to iden7 tify high risk child sex offenders in the United 

8 States who are traveling abroad and child sex of9 fenders from other countries entering the United 

10 States. Such identification requires cooperative ef11 forts between the United States and foreign govern12 ments. In exchange for providing notice of sex of13 fenders traveling to the United States, foreign au14 thorities will expect United States authorities to pro15 vide reciprocal notice of sex offenders traveling to 

16 their countries. 

17 (19) ICE and other Federal law enforcement 

18 agencies currently are sharing information about sex 

19 offenders traveling internationally with law enforce20 ment entities in some other countries on an ad hoc 

21 basis through INTERPOL and other means. The 

22 technology to detect and notify foreign governments 

23 about travel by child sex offenders is available, but 

24 a legal structure and additional resources are needed 


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1 to systematize and coordinate these detection and 

2 notice efforts. 

3 (20) Officials from the United Kingdom, Aus4 tralia, Spain, and other countries have expressed in5 terest in working with the United States Govern6 ment for increased international cooperation to pro7 tect children from sexual exploitation, and are call8 ing for formal arrangements to ensure that the risk 

9 posed by traveling sex offenders is combated most 

10 effectively. 

11 (21) The United States, with its international 

12 law enforcement relations, technological and commu13 nications capability, and established sex offender 

14 registry system, should now take the opportunity to 

15 lead the global community in the effort to save thou16 sands of potential child victims by notifying other 

17 countries of travel by sex offenders who pose a high 

18 risk of exploiting children, maintaining information 

19 about sex offenders from the United States who re20 side overseas, and strongly encouraging other coun21 tries to undertake the same measures to protect chil22 dren around the world. 

23 (b) DECLARATION OF PURPOSES.—The purpose of 

24 this Act and the amendments made by this Act is to pro25 tect children from sexual exploitation by preventing or 


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1 monitoring the international travel of sex traffickers and 

2 other sex offenders who pose a risk of committing a sex 

3 offense against a minor while traveling by— 

4 (1) establishing a system in the United States 

5 to notify the appropriate officials of other countries 

6 when a sex offender who is identified as a high in7 terest registered sex offender intends to travel to 

8 their country; 

9 (2) strongly encouraging and assisting foreign 

10 governments to establish a sex offender travel notifi11 cation system and to inform United States authori12 ties when a sex offender intends to travel or has de13 parted on travel to the United States; 

14 (3) establishing and maintaining non-public sex 

15 offender registries in United States diplomatic and 

16 consular missions in order to maintain critical data 

17 on United States citizen and lawful permanent resi18 dent sex offenders who are residing abroad; 

19 (4) providing the Secretary of State with the 

20 discretion to revoke the passport or passport card of 

21 an individual who has been convicted overseas for a 

22 sex offense against a minor, or limit the period of 

23 validity of a passport issued to an individual des24 ignated as a high interest registered sex offender; 


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1 (5) including whether a country is investigating 

2 and prosecuting its nationals suspected of engaging 

3 in severe forms of trafficking in persons abroad in 

4 the minimum standards for the elimination of 

5 human trafficking under section 108 of the Traf6 ficking Victims Protection Act of 2000 (22 U.S.C. 

7 7101 et seq.); 

8 (6) mandating a report from the Secretary of 

9 State, in consultation with the Attorney General, 

10 about the status of international notifications be11 tween governments about child sex offender travel; 

12 and 

13 (7) providing assistance to foreign countries 

14 under section 134 of the Foreign Assistance Act of 

15 1961 (22 U.S.C. 2152d) to establish systems to 

16 identify sex offenders and provide and receive notifi17 cation of child sex offender international travel. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—Except as otherwise provided, the term ‘‘ap22 propriate congressional committees’’ means— 

23 (A) the Committee on Foreign Affairs and 

24 the Committee on the Judiciary of the House of 

25 Representatives; and 


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1 (B) the Committee on Foreign Relations 

2 and the Committee on the Judiciary of the Sen3 ate. 

4 (2) CENTER.—The term ‘‘Center’’ means the 

5 International Sex Offender Travel Center established 

6 pursuant to section 6(a). 

7 (3) CONVICTED AS EXCLUDING CERTAIN JUVE8 NILE ADJUDICATIONS.—The term ‘‘convicted’’ or a 

9 variant thereof, used with respect to a sex offense of 

10 a minor, does not include— 

11 (A) adjudicated delinquent as a juvenile 

12 for that offense; or 

13 (B) convicted as an adult for that offense, 

14 unless the offense took place after the offender 

15 had attained the age of 14 years and the con16 duct upon which the conviction took place was 

17 comparable to or more severe than aggravated 

18 sexual abuse (as described in section 2241 of 

19 title 18, United States Code), or was an at20 tempt or conspiracy to commit such an offense. 

21 (4) HIGH INTEREST REGISTERED SEX OF22 FENDER.—The term ‘‘high interest registered sex of23 fender’’ means a sex offender as defined under para24 graph (8) who the Center, pursuant to section 7 and 

25 based on the totality of the circumstances, has a 


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1 reasonable belief presents a high risk of committing 

2 a sex offense against a minor in a country to which 

3 the sex offender intends to travel. 

4 (5) JURISDICTION.—The term ‘‘jurisdiction’’ 

5 means any of the following: 

6 (A) A State. 

7 (B) The District of Columbia. 

8 (C) The Commonwealth of Puerto Rico. 

9 (D) Guam. 

10 (E) American Samoa. 

11 (F) The Northern Mariana Islands. 

12 (G) The United States Virgin Islands. 

13 (H) A federally recognized Indian tribe 

14 that maintains a sex offender registry, or an15 other jurisdiction to which an Indian tribe has 

16 delegated the function of maintaining a sex of17 fender registry on its behalf. 

18 (I) A United States diplomatic or consular 

19 mission that maintains a sex offender registry 

20 pursuant to section 5 of this Act. 

21 (6) MINOR.—The term ‘‘minor’’ means an indi22 vidual who has not attained the age of 18 years. 

23 (7) PASSPORT CARD.—The term ‘‘passport 

24 card’’ means a document issued by the Department 

25 of State pursuant to section 7209 of the Intelligence 


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1 Reform and Terrorism Prevention Act of 2004 

2 (Public Law 108–458; 8 U.S.C. 1185 note). 

3 (8) SEX OFFENDER.—Except as provided in 

4 sections 12 and 13, the term ‘‘sex offender’’ means 

5 a United States citizen or lawful permanent resident 

6 who is convicted of a sex offense as defined in this 

7 Act, including a conviction by a foreign court, and 

8 who, independently of this Act, is legally required to 

9 register in the United States with a jurisdiction, or 

10 who is legally required to register outside the United 

11 States with a jurisdiction in accordance with section 

12 5. 

13 (9) SEX OFFENSE.— 

14 (A) IN GENERAL.—The term ‘‘sex offense’’ 

15 means a criminal offense against a minor, in16 cluding any Federal offense, that is punishable 

17 by statute by more than one year of imprison18 ment and involves any of the following: 

19 (i) Solicitation to engage in sexual 

20 conduct. 

21 (ii) Use in a sexual performance. 

22 (iii) Solicitation to practice prostitu23 tion (whether for financial or other forms 

24 of remuneration). 


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1 (iv) Video voyeurism as described in 

2 section 1801 of title 18, United States 

3 Code. 

4 (v) Possession, production, or dis5 tribution of child pornography. 

6 (vi) Criminal sexual conduct involving 

7 a minor, or the use of the Internet to fa8 cilitate or attempt such conduct. 

9 (vii) Conduct that would violate sec10 tion 1591 (relating to sex trafficking of 

11 children or by force, fraud, or coercion) of 

12 title 18, United States Code, if the conduct 

13 had involved interstate or foreign com14 merce and where the person recruited, en15 ticed, harbored, transported, provided, or 

16 obtained had not attained the age of 18 

17 years at the time of the conduct. 

18 (viii) Any other conduct that by its 

19 nature is a sex offense against a minor. 

20 (B) EXCEPTIONS.—The term ‘‘sex of21 fense’’ does not include— 

22 (i) a foreign conviction, unless the 

23 conviction was obtained with sufficient 

24 safeguards for fundamental fairness and 

25 due process for the accused; or 


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1 (ii) an offense involving consensual 

2 sexual conduct if the victim was at least 13 

3 years old and the offender was not more 

4 than 4 years older than the victim. 

5 (C) SPECIAL RULE FOR DETERMINING

6 WHETHER SUFFICIENT SAFEGUARDS EXIST.— 

7 For the purposes of subparagraph (B)(i), com8 pliance with the guidelines or regulations estab9 lished under section 112 of the Sex Offender 

10 Registration and Notification Act (42 U.S.C. 

11 16911) creates a rebuttable presumption that 

12 the conviction was obtained with sufficient safe13 guards for fundamental fairness and due proc14 ess for the accused. 

15 SEC. 4. SEX OFFENDER TRAVEL REPORTING REQUIRE16 MENT. 

17 (a) DUTY TO REPORT.— 

18 (1) IN GENERAL.—A sex offender who is a 

19 United States citizen or alien lawfully admitted to 

20 the United States for permanent residence shall no21 tify a jurisdiction where he or she is registered as 

22 a sex offender of his or her intention to travel either 

23 from the United States to another country or from 

24 another country to the United States, subject to sub25 section (f) and in accordance with the rules issued 


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1 under subsection (b). The sex offender shall provide 

2 notice— 

3 (A) not later than 30 days before depar4 ture from or arrival in the United States; or 

5 (B) in individual cases in which the Center 

6 determines that a personal or humanitarian 

7 emergency, business exigency, or other situation 

8 renders the deadline in subparagraph (A) to be 

9 impracticable or inappropriate, as early as pos10 sible. 

11 (2) TRANSMISSION OF NOTICE FROM THE JU12 RISDICTION TO THE CENTER.—A jurisdiction so no13 tified pursuant to paragraph (1) shall transmit such 

14 notice to the Center within 24 hours or the next 

15 business day, whichever is later, of receiving such 

16 notice. 

17 (3) PERIOD OF REPORTING REQUIREMENT.— 

18 The duty of the sex offender to report required 

19 under paragraph (1) shall take effect on the date 

20 that is 425 days after the date of the enactment of 

21 this Act or after a sex offender has been duly noti22 fied of the duty to report pursuant to subsection (d), 

23 whichever is later, and terminate at such time as the 

24 sex offender is no longer required to register in any 

25 jurisdiction for a sex offense. 


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1 (4) NOTICE TO JURISDICTIONS.—Not later than 

2 395 days after the date of the enactment of this Act, 

3 the Center shall provide notice to all jurisdictions of 

4 the requirement to receive notifications regarding 

5 travel from sex offenders and the means for inform6 ing the Center about such travel notifications pursu7 ant to paragraph (1). 

8 (b) RULES FOR REPORTING.—Not later than one 

9 year after the date of the enactment of this Act, the Sec10 retary of Homeland Security, in coordination with the At11 torney General and the Secretary of State, shall issue 

12 rules to carry out subsection (a) in accordance with the 

13 purposes of this Act. Such rules— 

14 (1) shall establish procedures for reporting by 

15 the sex offender under subsection (a), including the 

16 method of payment and transmission of any fee to 

17 United States Immigration and Customs Enforce18 ment (ICE) pursuant to subsection (c); 

19 (2) shall set forth the information required to 

20 be reported by the sex offender, including— 

21 (A) complete name(s); 

22 (B) address of residence and home and cel23 lular numbers; 

24 (C) all e-mail addresses; 

25 (D) date of birth; 


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1 (E) social security number; 

2 (F) citizenship; 

3 (G) passport or passport card number, 

4 date and place of issuance, and date of expira5 tion; 

6 (H) alien registration number, where appli7 cable; 

8 (I) information as to the nature of the sex 

9 offense conviction; 

10 (J) jurisdiction of conviction; 

11 (K) travel itinerary, including the antici12 pated length of stay at each destination, and 

13 purpose of the trip; 

14 (L) if a plane ticket or other means of 

15 transportation has been purchased, prior to the 

16 submission of this information, the date of such 

17 purchase; 

18 (M) whether the sex offender is traveling 

19 alone or as part of a group; and 

20 (N) contact information prior to departure 

21 and during travel; and 

22 (3) in consultation with the jurisdictions, shall 

23 provide appropriate transitional provisions in order 

24 to make the phase-in of the requirements of this Act 

25 practicable. 


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1 (c) FEE CHARGE.—ICE is authorized to charge a sex 

2 offender a fee for the processing of a notice of intent to 

3 travel submitted pursuant to subsection (a)(1). Such fee— 

4 (1) shall initially not exceed the amount of $25; 

5 (2) may be increased thereafter not earlier than 

6 30 days after consultation with the appropriate con7 gressional committees; 

8 (3) shall be collected by the jurisdiction at the 

9 time that the sex offender provides the notice of in10 tent to travel; 

11 (4) shall be waived if the sex offender dem12 onstrates to the satisfaction of ICE, pursuant to a 

13 fee waiver process established by ICE, that the pay14 ment of such fee would impose an undue financial 

15 hardship on the sex offender; 

16 (5) shall be used only for the activities specified 

17 in sections 4, 6, and 7; and 

18 (6) shall be shared equitably with the jurisdic19 tion that processes the notice of intent to travel. 

20 (d) CRIMINAL PENALTY FOR FAILURE TO REGISTER

21 OR REPORT.— 

22 (1) NEW OFFENSE.—Section 2250 of title 18, 

23 United States Code, is amended by adding at the 

24 end the following: 


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1 ‘‘(d) Whoever knowingly fails to register with United 

2 States officials in a foreign country or to report his or 

3 her travel to or from a foreign country, as required by 

4 the International Megan’s Law of 2010, after being duly 

5 notified of the requirements shall be fined under this title 

6 or imprisoned not more than 10 years, or both.’’. 

7 (2) AMENDMENT TO HEADING OF SECTION.— 

8 The heading for section 2250 of title 18, United 

9 States Code, is amended by inserting ‘‘or report 

10 international travel’’ after ‘‘register’’. 

11 (3) CONFORMING AMENDMENT TO AFFIRMA12 TIVE DEFENSE.—Section 2250(b) of title 18, United 

13 States Code, is amended by inserting ‘‘or (d)’’ after 

14 ‘‘(a)’’. 

15 (4) CONFORMING AMENDMENT TO FEDERAL

16 PENALTIES FOR VIOLENT CRIMES.—Section 2250(c) 

17 of title 18, United States Code, is amended by in18 serting ‘‘or (d)’’ after ‘‘(a)’’ each place it appears. 

19 (5) CLERICAL AMENDMENT.—The item relating 

20 to section 2250 in the table of sections at the begin21 ning of chapter 109B of title 18, United States 

22 Code, is amended by inserting ‘‘or report inter23 national travel’’ after ‘‘register’’. 


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1 (e) DUTY TO NOTIFY SEX OFFENDERS OF REPORT2 ING AND INTERNATIONAL REGISTRATION REQUIRE3 MENT.— 

4 (1) IN GENERAL.—When an official is required 

5 under the law of a jurisdiction or under the rules es6 tablished pursuant to subsection (b) to notify a sex 

7 offender (as defined in section 3(8)) of a duty to 

8 register as a sex offender under the law of such ju9 risdiction, the official shall also, at the same time— 

10 (A) notify the offender of such offender’s 

11 duties to report international travel under this 

12 section and to register as a sex offender under 

13 section 5, and the procedure for fulfilling such 

14 duties; and 

15 (B) require such offender to read and sign 

16 a form stating that such duties to report and 

17 register, and the procedure for fulfilling such 

18 duties, have been explained and that such of19 fender understands such duties and such proce20 dure. 

21 (2) SEX OFFENDERS CONVICTED IN FOREIGN

22 COUNTRIES.—When a United States citizen or law23 ful permanent resident is convicted in a foreign 

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1 formed of such conviction and is informed of, or is 

2 otherwise aware of, the location of the sex offender, 

3 such diplomatic or consular mission shall— 

4 (A) notify such sex offender of such of5 fender’s duties to report travel to the United 

6 States and to register as a sex offender under 

7 this Act and the procedure for fulfilling such 

8 duties; and 

9 (B) obtain from such offender a signed 

10 form stating that such duties to report and reg11 ister, and the procedure for fulfilling such du12 ties, have been explained and that such offender 

13 understands such duties and such procedure. 

14 (3) REQUIREMENTS RELATING TO FORM.—The 

15 form required by paragraphs (1)(B) and (2)(B) shall 

16 be maintained by the entity that maintains the sex 

17 offender registry in the jurisdiction in which the sex 

18 offender was convicted. 

19 (f) PROCEDURES WITH RESPECT TO SEX OFFEND20 ERS WHO REGULARLY TRANSIT ACROSS THE UNITED

21 STATES BORDERS.— 

22 (1) IN GENERAL.—Not later than one year 

23 after the date of the enactment of this Act, the Sec24 retary of Homeland Security shall establish a system 

25 for identifying and monitoring, as appropriate and 


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1 in accordance with the purposes of this Act, sex of2 fenders who, for legitimate business, personal, or 

3 other reasons regularly transit across the border be4 tween the United States and Mexico or the border 

5 between the United States and Canada. 

6 (2) REPORT.—Not later than the date of the 

7 establishment of the border system pursuant to 

8 paragraph (1), the Secretary of Homeland Security 

9 shall transmit to the appropriate congressional com10 mittees a report on the implementation of such sys11 tem. 

12 SEC. 5. FOREIGN REGISTRATION REQUIREMENT FOR SEX 

13 OFFENDERS. 

14 (a) FOREIGN REGISTRATION REQUIREMENT.— 

15 (1) IN GENERAL.—Not later than 395 days 

16 after the date of the enactment of this Act, a des17 ignated United States diplomatic or consular mission 

18 in each foreign country shall establish and maintain 

19 a countrywide nonpublic sex offender registry for sex 

20 offenders (as defined in section 3(8)) who are 

21 United States citizens or aliens lawfully admitted to 

22 the United States for permanent residence who re23 main in such country for the time period specified 

24 in subsection (b). Such registry shall include the in25 formation specified in subsection (d). 


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1 (2) REGIONAL REGISTRIES.—If there are fewer 

2 than ten sex offenders residing in a country, the 

3 Secretary of State, in the Secretary’s sole discretion, 

4 may designate a United States diplomatic or con5 sular mission in the same region as such country to 

6 maintain the sex offender registry for sex offenders 

7 in such country. 

8 (b) INTERNATIONAL REGISTRY REQUIREMENT FOR

9 SEX OFFENDERS.— 

10 (1) IN GENERAL.—A sex offender who is a 

11 United States citizen or alien lawfully admitted to 

12 the United States for permanent residence— 

13 (A) who remains in a foreign country for 

14 more than 30 consecutive days; or 

15 (B) who remains in a foreign country for 

16 more than 30 days within a six-month period, 

17 shall register, and keep such registration current, at 

18 the designated United States diplomatic or consular 

19 mission for such country. 

20 (2) PERIOD OF REGISTRATION REQUIRE21 MENT.—The registration requirement specified in 

22 paragraph (1) shall— 

23 (A) begin when the sex offender registry 

24 has been established at the designated diplo25 matic or consular mission in the country in 


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1 which a sex offender is staying and such sex of2 fender has received notice of the requirement to 

3 register pursuant to this section; and 

4 (B) end on the sooner of— 

5 (i) such time as the sex offender de6 parts such country and has provided notice 

7 of all changes of information in the sex of8 fender registry as required under para9 graph (3); 

10 (ii) in the case of a conviction in the 

11 United States, such time has elapsed as 

12 the sex offender would have otherwise been 

13 required to register in the jurisdiction of 

14 conviction for the applicable sex offense; or 

15 (iii) in the case of a foreign convic16 tion, such time as the sex offender would 

17 have otherwise been required to register 

18 under section 115 of the Sex Offender 

19 Registration and Notification Act (42 

20 U.S.C. 16915) for the applicable sex of21 fense. 

22 (3) KEEPING THE REGISTRATION CURRENT.— 

23 Subject to the period of registration requirement 

24 under paragraph (2), not later than five business 

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1 ployment or student status, or any change in any of 

2 the other information specified in subsection (d)(1), 

3 a sex offender residing in a foreign country shall no4 tify a United States diplomatic or consular mission 

5 in such country for the purpose of providing infor6 mation relating to such change for inclusion in the 

7 sex offender registry maintained by the designated 

8 diplomatic or consular mission in such country 

9 under subsection (a). If the diplomatic or consular 

10 mission is not the mission that maintains the reg11 istry for that country, the mission shall forward the 

12 changed information to the appropriate diplomatic 

13 or consular mission. 

14 (4) REGISTRATION AND NOTIFICATION PROCE15 DURE.—Not later than one year after the date of 

16 the enactment of this Act, the Secretary of State, in 

17 consultation with the Attorney General and the Sec18 retary of Homeland Security, shall issue regulations 

19 for the establishment and maintenance of the reg20 istries described in subsection (a), including— 

21 (A) the manner in which sex offenders who 

22 are convicted in a foreign country of a sex of23 fense, whose conviction and location in the for24 eign country are known by the United States 

25 Government, and who are required to register 


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1 pursuant to United States law, including this 

2 Act, will be notified of such requirement; 

3 (B) the manner for registering and chang4 ing information as specified in paragraphs (1) 

5 and (3); 

6 (C) the manner for disclosing information 

7 to eligible entities as specified in subsection 

8 (h)(2); and 

9 (D) a mechanism by which individuals list10 ed on the sex offender registry can notify the 

11 diplomatic or consular mission of any errors 

12 with respect to such listing and by which the 

13 Department of State shall correct such errors. 

14 (c) CROSS REFERENCE FOR CRIMINAL PENALTIES

15 FOR NONREGISTRATION.—Criminal penalties for nonreg16 istration are provided in section 2250(d) of title 18, 

17 United States Code, which was added by section 4(d)(1) 

18 of this Act. 

19 (d) INFORMATION REQUIRED IN REGISTRATION.— 

20 (1) PROVIDED BY THE SEX OFFENDER.—A sex 

21 offender described in subsection (b) shall provide the 

22 following information: 

23 (A) Complete name (including any alias), 

24 date of birth, and current photograph. 


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1 (B) Passport or passport card number, 

2 date and place of issuance, date of expiration, 

3 and visa type and number, if applicable. 

4 (C) Alien registration number, where appli5 cable. 

6 (D) Social Security number of the sex of7 fender. 

8 (E) Address of each residence at which the 

9 sex offender resides or will reside in that coun10 try, the address of any residence maintained in 

11 the United States, and home and cellular phone 

12 numbers. 

13 (F) Purpose for the sex offender’s resi14 dence in the country. 

15 (G) Name and address of any place where 

16 the sex offender is an employee or will be or has 

17 applied to be an employee and will have regular 

18 contact with minors. 

19 (H) Name and address of any place where 

20 the sex offender is a student or will be or has 

21 applied to be a student and will have regular 

22 contact with minors. 

23 (I) All e-mail addresses. 

24 (J) Most recent address in the United 

25 States and State of legal residence. 


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1 (K) The jurisdiction in which the sex of2 fender was convicted and the jurisdiction or ju3 risdictions in which the sex offender was most 

4 recently legally required to register. 

5 (L) The license plate number and a de6 scription of any vehicle owned or operated by 

7 the sex offender in the country in which the sex 

8 offender is staying. 

9 (M) The date or approximate date when 

10 the sex offender plans to leave the country. 

11 (N) Any other information required by the 

12 Secretary of State. 

13 (2) PROVIDED BY THE ATTORNEY GENERAL

14 AND THE JURISDICTION OF CONVICTION.— 

15 (A) IN GENERAL.—The United States dip16 lomatic or consular mission shall notify the At17 torney General that a sex offender is registering 

18 with such mission pursuant to subsection (b). 

19 Upon receipt of such notice, the Attorney Gen20 eral shall obtain the information specified in 

21 subparagraph (C) and transmit it to the mis22 sion within 15 business days. 

23 (B) INFORMATION PROVIDED BY THE JU24 RISDICTION OF CONVICTION.—If the only avail25 able source for any of the information specified 


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1 in subparagraph (C) is the jurisdiction in which 

2 the conviction of the sex offender occurred, the 

3 Attorney General shall request such information 

4 from the jurisdiction of conviction. The jurisdic5 tion shall provide the information to the Attor6 ney General within 15 business days of receipt 

7 of the request. 

8 (C) INFORMATION.—The information spec9 ified in this subparagraph is the following: 

10 (i) The sex offense history of the sex 

11 offender, including— 

12 (I) the text of the provision of 

13 law defining the sex offense; 

14 (II) the dates of all arrests and 

15 convictions related to sex offenses; 

16 and 

17 (III) the status of parole, proba18 tion, or supervised release. 

19 (ii) The most recent available photo20 graph of the sex offender. 

21 (iii) The time period for which the sex 

22 offender is required to register pursuant to 

23 the law of the jurisdiction of conviction. 

24 (3) PROVIDED BY THE DIPLOMATIC OR CON25 SULAR MISSION.—The United States diplomatic or 


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1 consular mission at which a sex offender registers 

2 shall collect and include the following information in 

3 the registry maintained by such mission: 

4 (A) Information provided by the sex of5 fender and Attorney General pursuant to para6 graphs (1) and (2). 

7 (B) A physical description of the sex of8 fender. 

9 (C) Any other information required by the 

10 Secretary of State. 

11 (e) PERIODIC IN PERSON VERIFICATION.—Not less 

12 often than every six months, a sex offender who is reg13 istered under subsection (b) shall appear in person at a 

14 United States diplomatic or consular mission in the coun15 try where the sex offender is staying to verify the informa16 tion in the sex offender registry maintained by the des17 ignated diplomatic or consular mission for such country 

18 under subsection (a) to allow such mission to take a cur19 rent photograph of the sex offender if the photograph on 

20 file no longer accurately depicts the sex offender. If such 

21 diplomatic or consular mission is not the mission that 

22 maintains the registry for such country, such mission shall 

23 forward to the appropriate mission any new or changed 

24 information and any new photograph. 


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1 (f) TRANSMISSION OF REGISTRY INFORMATION TO

2 THE ATTORNEY GENERAL.—For the purposes of updating 

3 the National Sex Offender Registry and keeping domestic 

4 law enforcement informed as to the status of a sex of5 fender required to register under this section, when a 

6 United States diplomatic or consular mission receives new 

7 or changed information about a sex offender pursuant to 

8 paragraphs (1) and (3) of subsection (b) for the sex of9 fender registry maintained by such mission under sub10 section (a), such mission shall, not later than 24 hours 

11 or the next business day, whichever is later, after receipt 

12 of such new or changed information, transmit to the At13 torney General such new or changed information. Not 

14 later than 24 hours or the next business day, whichever 

15 is later, after the receipt of such new or changed informa16 tion, the Attorney General shall transmit such new or 

17 changed information to the State of legal residence or the 

18 State of last known address, as appropriate, of such sex 

19 offender. 

20 (g) ACCESS TO REGISTRY INFORMATION BY UNITED

21 STATES LAW ENFORCEMENT.—Federal, State, local, trib22 al, and territorial law enforcement shall be afforded access 

23 for official purposes to all information on a sex offender 

24 registry maintained by a United States diplomatic or con25 sular mission pursuant to subsection (a). 


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1 (h) OTHER ACCESS TO REGISTRY INFORMATION.— 

2 (1) IN GENERAL.—Information on a registry es3 tablished pursuant to subsection (a) shall not be 

4 made available to the general public except as pro5 vided in paragraph (2). 

6 (2) EXCEPTION FOR ELIGIBLE ENTITIES.— 

7 (A) IN GENERAL.—An eligible entity de8 scribed in subparagraph (B) may request cer9 tain information on the sex offender registry 

10 maintained by the United States diplomatic or 

11 consular mission for the country where the eli12 gible entity is located, in accordance with this 

13 paragraph. 

14 (B) ELIGIBLE ENTITIES DESCRIBED.—An 

15 eligible entity referred to in subparagraph (A) 

16 is— 

17 (i) an entity that provides direct serv18 ices to minors; 

19 (ii) an official law enforcement entity; 

20 or 

21 (iii) an investigative entity that is af22 filiated with an official law enforcement 

23 entity for the purpose of investigating a 

24 possible sex offense. 


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1 (C) INFORMATION REQUEST PROCESS.— 

2 An eligible entity may request information on 

3 the sex offender registry from the United States 

4 Government official designated for this purpose 

5 by the head of the diplomatic or consular mis6 sion in which the sex offender registry is main7 tained. The official, in consultation with the 

8 head of such diplomatic or consular mission, 

9 shall have the sole discretion whether and to 

10 what extent to provide information about a par11 ticular registered sex offender on the sex of12 fender registry as designated in subparagraph 

13 (D). Before providing an eligible entity with 

14 such information, the official shall first obtain 

15 from the eligible entity a written certification 

16 that— 

17 (i) the eligible entity shall provide ac18 cess to the information only to the persons 

19 as designated in the certificate who require 

20 access to such information for the purpose 

21 for which the information is provided; 

22 (ii) the information shall be main23 tained and used by the eligible entity in a 

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1 unteer screening or law enforcement pur2 poses only, as applicable; 

3 (iii) the information may not other4 wise be disclosed to the public either by the 

5 eligible entity or by the employees of the 

6 eligible entity who are provided access; and 

7 (iv) the eligible entity shall destroy 

8 the information or extract it from any doc9 umentation in which it is contained as soon 

10 as the information is no longer needed for 

11 the use for which it was obtained. 

12 (D) INFORMATION TO BE DISCLOSED.— 

13 (i) TO SERVICE PROVIDERS.—An eli14 gible entity described in paragraph (2)(B) 

15 may request necessary and appropriate in16 formation on the registry with respect to 

17 an individual who is listed on the registry 

18 and is applying for or holds a position 

19 within the entity that involves contact with 

20 children. 

21 (ii) TO LAW ENFORCEMENT AND IN22 VESTIGATIVE ENTITIES.—An eligible entity 

23 described in paragraph (2)(B) may request 

24 necessary and appropriate information on 

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1 tigation of an alleged sex offense against a 

2 minor. 

3 (E) FEE CHARGE.—The diplomatic or con4 sular mission that maintains a sex offender reg5 istry from which an eligible entity seeks infor6 mation may charge such eligible entity a rea7 sonable fee for providing information pursuant 

8 to this subsection. 

9 (F) NOTIFICATION OF POSSIBLE ACCESS

10 TO INFORMATION.—The diplomatic or consular 

11 mission that maintains a sex offender registry 

12 should make a reasonable effort to notify law 

13 enforcement entities and other entities that pro14 vide services to children, particularly schools 

15 that hire foreign teachers, within the country in 

16 which the mission is located, or within the 

17 countries where sex offenders on the mission’s 

18 registry are staying, as applicable, of the possi19 bility of limited access to registry information 

20 and the process for requesting such information 

21 as provided in this subsection. 

22 (G) DENIAL OF ACCESS TO INFORMA23 TION.—An eligible entity that fails to comply 

24 with the certificate provisions specified in sub25 paragraph (C) may be denied all future access 


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1 to information on a sex offender registry at the 

2 discretion of the designated official. 

3 (i) ACTIONS TO BE TAKEN IF A SEX OFFENDER

4 FAILS TO COMPLY.—When a United States diplomatic or 

5 consular mission determines that a sex offender has failed 

6 to comply with the requirements of this section, such mis7 sion shall notify the Attorney General and revise the sex 

8 offender registry maintained by such mission under sub9 section (a) to reflect the nature of such failure. 

10 (j) FEDERAL ASSISTANCE REGARDING VIOLATIONS

11 OF REGISTRATION REQUIREMENTS.—The first sentence 

12 of subsection (a) of section 142 of the Sex Offender Reg13 istration and Notification Act (Public Law 109–248; 42 

14 U.S.C. 16941) is amended by inserting before the period 

15 at the end the following: ‘‘, including under the Inter16 national Megan’s Law of 2010’’. 

17 SEC. 6. INTERNATIONAL SEX OFFENDER TRAVEL CENTER. 

18 (a) ESTABLISHMENT.—Not later than 90 days after 

19 the date of the enactment of this Act, the President shall 

20 establish the International Sex Offender Travel Center to 

21 carry out the activities specified in subsection (d). 

22 (b) PARTICIPANTS.—The Center shall include rep23 resentatives from the following departments and agencies: 

24 (1) The Department of Homeland Security, in25 cluding United States Immigration and Customs 


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1 Enforcement, United States Customs and Border 

2 Protection, and the Coast Guard. 

3 (2) The Department of State, including the Of4 fice to Monitor and Combat Trafficking in Persons, 

5 the Bureau of Consular Affairs, the Bureau of Inter6 national Narcotics and Law Enforcement Affairs, 

7 and the Bureau of Diplomatic Security. 

8 (3) The Department of Justice, including the 

9 Interpol-United States National Central Bureau, the 

10 Federal Bureau of Investigation, the Office of Sex 

11 Offender Sentencing, Monitoring, Apprehending, 

12 Registering and Tracking, the Criminal Division 

13 Child Exploitation and Obscenity Section, and the 

14 United States Marshals Service’s National Sex Of15 fender Targeting Center. 

16 (4) Such other officials as may be determined 

17 by the President. 

18 (c) LEADERSHIP.—The Center shall be headed by the 

19 Assistant Secretary of Homeland Security for United 

20 States Immigration and Customs Enforcement. 

21 (d) ACTIVITIES.—The Center shall carry out the fol22 lowing activities: 

23 (1) Prior to the implementation of the sex of24 fender travel reporting requirement under section 4, 

25 cooperate with each jurisdiction to implement the 


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1 means for transmitting travel reports from that ju2 risdiction to the Center. 

3 (2) Prior to the implementation of the sex of4 fender travel reporting system under section 4, offer 

5 to provide training to officials within each jurisdic6 tion who will be responsible for implementing any 

7 aspect of such system. 

8 (3) Establish a means to receive, assess, and re9 spond to an inquiry from a sex offender as to wheth10 er he or she is required to report international travel 

11 pursuant to this Act. 

12 (4) Conduct assessments of sex offender travel 

13 pursuant to section 7. 

14 (5) Establish a panel to review and respond 

15 within seven days to appeals from sex offenders who 

16 are determined to be high interest registered sex of17 fenders. The panel shall consist of individuals who 

18 are not involved in the initial assessment of high in19 terest registered sex offenders, and shall be from the 

20 following agencies: 

21 (A) The Department of Justice. 

22 (B) The Department of State. 

23 (C) The Office for Civil Rights and Civil 

24 Liberties of the Department of Homeland Secu25 rity. 


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1 (6) Transmit notice of impending or current 

2 international travel of high interest registered sex of3 fenders to the Secretary of State, together with an 

4 advisory regarding whether or not the period of va5 lidity of the passport of the high interest registered 

6 sex offender should be limited to one year or such 

7 period of time as the Secretary of State shall deter8 mine appropriate. 

9 (7) Establish a system to maintain and archive 

10 all relevant information related to the assessments 

11 conducted pursuant to paragraph (4) and the review 

12 of appeals conducted by the panel established pursu13 ant to paragraph (5). 

14 (8) Establish an annual review process to en15 sure that the Center Sex Offender Travel Guidelines 

16 issued pursuant to section 7(a) are being consist17 ently and appropriately implemented. 

18 (9) Establish a means to identify sex offenders 

19 who have not reported travel as required under sec20 tion 4 and who are initiating travel, currently trav21 eling, or have traveled outside the United States. 

22 (e) ADDITIONAL ACTIVITY RELATED TO TRANS23 MISSION OF NOTICE.—The Center may, in its sole discre24 tion, transmit notice of impending or current international 

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1 try or countries of destination of such sex offenders as 

2 follows: 

3 (1) If a high interest registered sex offender 

4 submits an appeal to the panel established pursuant 

5 to subsection (d)(5), no notice may be transmitted 

6 to the destination country prior to the completion of 

7 the appeal review process, including transmission of 

8 the panel’s decision to the sex offender. 

9 (2) The notice may be transmitted through 

10 such means as determined appropriate by the Cen11 ter, including through an ICE attache ́, INTERPOL, 

12 or such other appropriate means as determined by 

13 the Center. 

14 (3) If the Center has reason to believe that 

15 transmission of the notice poses a risk to the life or 

16 well-being of the high interest registered sex of17 fender, the Center shall make every reasonable effort 

18 to issue a warning to the high interest registered sex 

19 offender of such risk in the travel report receipt con20 firmation provided to the high interest registered sex 

21 offender pursuant to section 7(c)(2) prior to the 

22 transmission of such notice to the country or coun23 tries. 

24 (f) ATTORNEY GENERAL COMPLAINT REVIEW.—The 

25 Attorney General, in coordination with the Center, shall 


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1 establish a mechanism to receive complaints from sex of2 fenders negatively affected by the high interest registered 

3 sex offender assessment process pursuant to subsection 

4 (d)(4), the high interest registered sex offender determina5 tion review process pursuant to subsection (d)(5), or the 

6 travel report confirmation process pursuant to section 

7 7(c). A summary of these complaints shall be included in 

8 the annual report to Congress required under section 

9 14(c)(4). 

10 (g) CONSULTATIONS.—The Center shall engage in 

11 ongoing consultations with— 

12 (1) NCMEC, ECPAT–USA, Inc., World Vision, 

13 and other nongovernmental organizations that have 

14 experience and expertise in identifying and pre15 venting child sex tourism and rescuing and rehabili16 tating minor victims of international sexual exploi17 tation; 

18 (2) the governments of countries interested in 

19 cooperating in the creation of an international sex 

20 offender travel notification system or that are pri21 mary destination or source countries for inter22 national sex tourism; and 

23 (3) Internet service and software providers re24 garding available and potential technology to facili25 tate the implementation of an international sex ofVerDate Mar 15 2010 00:11 Aug 07, 2010 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5138.RFS H5138

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1 fender travel notification system, both in the United 

2 States and in other countries. 

3 (h) TECHNICAL ASSISTANCE.—The Secretary of 

4 Homeland Security and the Secretary of State may pro5 vide technical assistance to foreign authorities in order to 

6 enable such authorities to participate more effectively in 

7 the notification program system established under this 

8 section. 

9 SEC. 7. CENTER SEX OFFENDER TRAVEL GUIDELINES. 

10 (a) ISSUANCE OF CENTER SEX OFFENDER TRAVEL

11 GUIDELINES.—Not later than 180 days after the date of 

12 the enactment of this Act, the Center shall issue the Cen13 ter Sex Offender Travel Guidelines for the assessment of 

14 sex offenders— 

15 (1) who report international travel from the 

16 United States to another country pursuant to sec17 tion 4(a), or 

18 (2) whose travel is reported pursuant to sub19 section (b), 

20 for purposes of determining whether such sex offenders 

21 are considered high interest registered sex offenders by 

22 United States law enforcement. 

23 (b) LAW ENFORCEMENT NOTIFICATION.— 

24 (1) IN GENERAL.—Federal, State, local, tribal, 

25 or territorial law enforcement entities or officials 


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1 from within the United States who have reasonable 

2 grounds to believe that a sex offender is traveling 

3 outside the United States and may engage in a sex 

4 offense against a minor may notify the Center and 

5 provide as much information as practicable in ac6 cordance with section 4(b)(2). 

7 (2) NOTICE TO LAW ENFORCEMENT ENTI8 TIES.—Not later than 425 days after the date of the 

9 enactment of this Act, the Center shall provide no10 tice to all known, official law enforcement entities 

11 within the United States of the possibility of noti12 fying the Center of anticipated international travel 

13 by a sex offender pursuant to paragraph (1). 

14 (c) TRAVEL REPORT RECEIPT CONFIRMATION.— 

15 (1) IN GENERAL.—Not later than seven days 

16 before the date of departure indicated in the sex of17 fender travel report, the Center shall provide the sex 

18 offender with written confirmation of receipt of the 

19 travel report. The written communication shall in20 clude the following information: 

21 (A) The sex offender should have the writ22 ten communication in his or her possession at 

23 the time of departure from or return to the 

24 United States. 


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1 (B) The written communication is suffi2 cient proof of satisfactory compliance with the 

3 travel reporting requirement under this Act if 

4 travel is commenced and completed within seven 

5 days before or after the dates of travel indi6 cated in the travel report. 

7 (C) The procedure that the sex offender 

8 may follow to request a change, at the sole dis9 cretion of the Center, of the time period covered 

10 by the written confirmation in the event of an 

11 emergency or other unforeseen circumstances 

12 that prevent the sex offender from traveling 

13 within seven days of the dates specified in the 

14 sex offender’s travel report. 

15 (D) The requirement to register with a 

16 United States diplomatic or consular mission if 

17 the sex offender remains in a foreign country 

18 for more than 30 consecutive days or for more 

19 than 30 days within a 6-month period pursuant 

20 to section 5. 

21 (E) Any additional information that the 

22 Center, in its sole discretion, determines nec23 essary or appropriate. 

24 (2) DEPARTURE FROM THE UNITED STATES.— 


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1 (A) IN GENERAL.—If the sex offender is 

2 traveling from the United States, the written 

3 communication shall indicate, in addition to the 

4 information specified in paragraph (1), either— 

5 (i) that the destination country or 

6 countries indicated in the travel report are 

7 not being notified of the sex offender’s 

8 travel; or 

9 (ii)(I) that such country or countries 

10 are being notified that the sex offender is 

11 a high interest registered sex offender and 

12 intends to travel to such countries; and 

13 (II) that a review of such notification 

14 is available by the panel established pursu15 ant to section 6(d)(5), together with an ex16 planation of the process for requesting 

17 such a review, including the means for sub18 mitting additional information that may 

19 refute the Center’s determination that the 

20 sex offender is a high interest registered 

21 sex offender. 

22 (B) CERTAIN RISK.—If the high interest 

23 registered sex offender is traveling from the 

24 United States and the Center has reason to be25 lieve that the transmission of the notice poses 


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1 a risk to the life or well-being of the high inter2 est registered sex offender, the Center shall 

3 warn, in the written communication provided to 

4 the high interest registered sex offender, of 

5 such risk if the high interest registered sex of6 fender travels as intended. 

7 (d) REPORT TO CONGRESS.—Upon the issuance of 

8 the Center Sex Offender Travel Guidelines under sub9 section (a), the Center shall submit to the appropriate con10 gressional committees a report containing the guidelines 

11 in a manner consistent with the protection of law enforce12 ment-sensitive information. 

13 SEC. 8. AUTHORITY TO RESTRICT PASSPORTS. 

14 (a) IN GENERAL.—The Secretary of State is author15 ized to— 

16 (1) revoke the passport or passport card of an 

17 individual who has been convicted by a court of com18 petent jurisdiction in a foreign country of a sex of19 fense; and 

20 (2) limit to one year or such period of time as 

21 the Secretary of State shall determine appropriate 

22 the period of validity of a passport issued to an indi23 vidual designated as a high interest registered sex 

24 offender. 


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1 (b) LIMITATION FOR RETURN TO UNITED STATES.— 

2 Notwithstanding subsection (a), in no case shall a United 

3 States citizen convicted by a court of competent jurisdic4 tion in a foreign country of a sex offense be precluded 

5 from entering the United States due to a passport revoca6 tion under such subsection. 

7 (c) REAPPLICATION.—An individual whose passport 

8 or passport card was revoked pursuant to subsection 

9 (a)(1) may reapply for a passport or passport card at any 

10 time after such individual has returned to the United 

11 States. 

12 SEC. 9. IMMUNITY FOR GOOD FAITH CONDUCT. 

13 The Federal Government, jurisdictions, political sub14 divisions of jurisdictions, and their agencies, officers, em15 ployees, and agents shall be immune from liability for good 

16 faith conduct under this Act. 

17 SEC. 10. SENSE OF CONGRESS PROVISIONS. 

18 (a) BILATERAL AGREEMENTS.—It is the sense of 

19 Congress that the President should negotiate memoranda 

20 of understanding or other bilateral agreements with for21 eign governments to further the purposes of this Act and 

22 the amendments made by this Act, including by— 

23 (1) establishing systems to receive and transmit 

24 notices as required by section 4; 


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1 (2) requiring Internet service providers and 

2 other private companies located in foreign countries 

3 to report evidence of child exploitation; and 

4 (3) establishing mechanisms for private compa5 nies and nongovernmental organizations to report on 

6 a voluntary basis suspected child pornography or ex7 ploitation to foreign governments, the nearest 

8 United States embassy in cases in which a possible 

9 United States citizen may be involved, or other ap10 propriate entities. 

11 (b) MINIMUM AGE OF CONSENT.—In order to better 

12 protect children and young adolescents from domestic and 

13 international sexual exploitation, it is the sense of Con14 gress that the President should strongly encourage those 

15 foreign countries that have an age of consent to sexual 

16 activity below the age of 16 to raise the age of consent 

17 to sexual activity to at least the age of 16 and those coun18 tries that do not criminalize the appearance of persons 

19 below the age of 18 in pornography or the engagement 

20 of persons below the age of 18 in commercial sex trans21 actions to prohibit such activity. 

22 (c) NOTIFICATION TO THE UNITED STATES OF SEX

23 OFFENSES COMMITTED ABROAD.—It is the sense of Con24 gress that the President should formally request foreign 

25 governments to notify the United States when a United 


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1 State citizen has been arrested, convicted, sentenced, or 

2 completed a prison sentence for a sex offense against a 

3 minor in the foreign country. 

4 SEC. 11. ENHANCING THE MINIMUM STANDARDS FOR THE 

5 ELIMINATION OF TRAFFICKING. 

6 Section 108(b)(4) of the Trafficking Victims Protec7 tion Act of 2000 (22 U.S.C. 7106(b)(4)) is amended by 

8 adding at the end before the period the following: ‘‘, in9 cluding cases involving nationals of that country who are 

10 suspected of engaging in severe forms of trafficking of per11 sons in another country’’. 

12 SEC. 12. SPECIAL REPORT ON INTERNATIONAL MECHA13 NISMS RELATED TO TRAVELING CHILD SEX 

14 OFFENDERS. 

15 (a) IN GENERAL.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of State, 

17 in consultation with the Attorney General, shall submit to 

18 the appropriate congressional committees a report con19 taining the following information (to the extent such infor20 mation is available from the government concerned or 

21 from other reliable sources): 

22 (1) A list of those countries that have or could 

23 easily acquire the technological capacity to identify 

24 sex offenders who reside within the country. 


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1 (2) A list of those countries identified in para2 graph (1) that utilize electronic means to identify 

3 and track the current status of sex offenders who re4 side within the country, and a summary of any addi5 tional information maintained by the government 

6 with respect to such sex offenders. 

7 (3)(A) A list of those countries identified in 

8 paragraph (2) that currently provide, or may be will9 ing to provide, information about a sex offender who 

10 is traveling internationally to the destination coun11 try. 

12 (B) With respect to those countries identified in 

13 subparagraph (A) that currently notify destination 

14 countries that a sex offender is traveling to that 

15 country: 

16 (i) The manner in which such notice is 

17 transmitted. 

18 (ii) How many notices are transmitted on 

19 average each year, and to which countries. 

20 (iii) Whether the sex offenders whose trav21 el was so noticed were denied entry to the des22 tination country on the basis of such notice. 

23 (iv) Details as to how frequently and on 

24 what basis notice is provided, such as routinely 

25 pursuant to a legal mandate, or by individual 


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1 law enforcement personnel on a case-by-case 

2 basis. 

3 (v) How sex offenders are defined for pur4 pose of providing notice of travel by such indi5 viduals. 

6 (vi) What international cooperation or 

7 mechanisms currently are unavailable and 

8 would make the transmission of such notifica9 tions more efficacious in terms of protecting 

10 children. 

11 (C) With respect to those countries identified in 

12 subparagraph (A) that are willing but currently do 

13 not provide such information, the reason why des14 tination countries are not notified. 

15 (4)(A) A list of those countries that have an es16 tablished mechanism to receive reports of sex offend17 ers intending to travel from other countries to that 

18 country. 

19 (B) A description of the mechanism identified 

20 in subparagraph (A). 

21 (C) The number of reports of arriving sex of22 fenders received in each of the past 5 years. 

23 (D) What international cooperation or mecha24 nisms currently are unavailable and would make the 


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1 receipt of such notifications more efficacious in 

2 terms of protecting children. 

3 (5) A list of those countries identified in para4 graph (4) that do not provide information about a 

5 sex offender who is traveling internationally to the 

6 destination country, and the reason or reasons for 

7 such failure. If the failure is due to a legal prohibi8 tion within the country, an explanation of the nature 

9 of the legal prohibition and the reason for such pro10 hibition. 

11 (b) DEFINITION.—In this section, the term ‘‘sex of12 fender’’ means an individual who has been convicted of 

13 a criminal offense against a minor that involves any of 

14 the acts described in clauses (i) through (viii) of section 

15 3(9)(A). 

16 SEC. 13. ASSISTANCE TO FOREIGN COUNTRIES TO MEET 

17 MINIMUM STANDARDS FOR THE ELIMI18 NATION OF TRAFFICKING. 

19 (a) IN GENERAL.—The President is strongly encour20 aged to exercise the authorities of section 134 of the For21 eign Assistance Act of 1961 (22 U.S.C. 2152d) to provide 

22 assistance to foreign countries directly, or through non23 governmental and multilateral organizations, for pro24 grams, projects, and activities, including training of law 

25 enforcement entities and officials, designed to establish 


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1 systems to identify sex offenders and provide and receive 

2 notification of child sex offender international travel. 

3 (b) DEFINITION.—In this section, the term ‘‘sex of4 fender’’ means an individual who has been convicted of 

5 a criminal offense against a minor that involves any of 

6 the acts described in clauses (i) through (viii) of section 

7 3(9)(A). 

8 SEC. 14. CONGRESSIONAL REPORTS. 

9 (a) INITIAL CONSULTATIONS.—Not less than 30 days 

10 before the completion of the activities required pursuant 

11 to sections 4(b), 5(b)(4), 6(a), and 7(a), the entities re12 sponsible for the implementation of such sections shall 

13 consult with the appropriate congressional committees 

14 concerning such implementation. 

15 (b) INITIAL REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of the enactment of this Act, the President 

18 shall transmit to the appropriate congressional com19 mittees a report on the implementation of this Act, 

20 including— 

21 (A) how the International Sex Offender 

22 Travel Center has been established under sec23 tion 6(a), including the role and responsibilities 

24 of the respective departments and agencies that 

25 are participating in the Center, and how those 


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1 roles are being coordinated to accomplish the 

2 purposes of this Act and the amendments made 

3 by this Act; 

4 (B) the procedures established for imple5 menting section 7 regarding the Center Sex Of6 fender Travel Guidelines; 

7 (C) the rules regarding sex offender travel 

8 reports issued pursuant to section 4(b); 

9 (D) the establishment of registries at 

10 United States diplomatic missions pursuant to 

11 section 5, including the number and location of 

12 such registries and any difficulties encountered 

13 in their establishment or operation; 

14 (E) the consultations that are being con15 ducted pursuant to section 6(g), and a sum16 mary of the discussions that have taken place 

17 in the course of those consultations; and 

18 (F) what, if any, assistance has been pro19 vided pursuant to section 6(h) and section 13. 

20 (2) FORM.—The report required under para21 graph (1) may be transmitted in whole or in part in 

22 classified form if such classification would further 

23 the purposes of this Act or the amendments made 

24 by this Act. 


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1 (c) ANNUAL REPORT.—Not later than one year after 

2 the date of the enactment of this Act, and every year for 

3 4 years thereafter, the President shall transmit to the ap4 propriate congressional committees a report on the imple5 mentation of this Act and the amendments made by this 

6 Act, including— 

7 (1)(A) the number of United States sex offend8 ers who have reported travel to or from a foreign 

9 country pursuant to section 4(a); 

10 (B) the number of sex offenders who were iden11 tified as having failed to report international travel 

12 as required by section 4(a); and 

13 (C) the number of those identified in each of 

14 subparagraphs (A) and (B) who reported travel or 

15 who traveled from the United States without pre16 viously reporting and whose travel was noticed to a 

17 destination country; 

18 (2) the number of United States sex offenders 

19 charged, prosecuted, and convicted for failing to re20 port travel to or from a foreign country pursuant to 

21 section 4(a); 

22 (3) the number of sex offenders who were deter23 mined to be high interest registered sex offenders by 

24 the Center, the number of appeals of such deter25 minations received by the panel established pursuant 


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1 to section 6(d)(5), the length of time between the re2 ceipt of each such appeal and transmission of the re3 sponse, the extent and nature of any information 

4 provided to the sex offender in response to the ap5 peal, the reason for withholding any information re6 quested by the sex offender, and the number of high 

7 interest registered sex offender determinations by 

8 the Center that were reversed by the review panel; 

9 (4) with respect to the complaints received by 

10 the Attorney General pursuant to section 6(f)— 

11 (A) the number of such complaints re12 ceived; and 

13 (B) a summary of the nature of such com14 plaints; 

15 (5) if ICE charges a fee pursuant to section 

16 4(c)— 

17 (A) the amount of the fee; 

18 (B) a description of the process to collect 

19 the fee and to transfer a percentage of the fee 

20 to the jurisdiction that processed the report; 

21 (C) the percentage of the fee that is being 

22 shared with the jurisdictions, the basis for the 

23 percentage determination, and which jurisdic24 tions received a percentage of the fees; 


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1 (D) how the revenues from the fee have 

2 been expended by ICE; and 

3 (E) the fee waiver process established pur4 suant to section 4(c)(4), how many fee waiver 

5 requests were received, and how many of those 

6 received were granted; 

7 (6) the results of the annual review process of 

8 the use of the Center Sex Offender Guidelines con9 ducted pursuant to section 6(d)(6); 

10 (7) what immediate actions have been taken, if 

11 any, by foreign countries and territories of destina12 tion following notification pursuant to section 

13 6(d)(3), to the extent such information is available; 

14 (8)(A) the number of United States citizens or 

15 lawful permanent residents arrested overseas and 

16 convicted in the United States for sex offenses, and 

17 in each instance— 

18 (i) the age of the suspect and the number 

19 and age of suspected victims; 

20 (ii) the country of arrest; 

21 (iii) any prior criminal conviction or re22 ported criminal behavior in the United States; 

23 (iv) whether the individual was required to 

24 and did report pursuant to section 4; and 


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1 (v) if the individual reported travel pursu2 ant to section 4 prior to the commission of the 

3 crime, whether the individual was deemed not 

4 to be a high interest registered sex offender by 

5 the Center; and 

6 (B) for purposes of this paragraph, the term 

7 ‘‘sex offense’’ means a criminal offense involving 

8 sexual conduct against a minor or an adult, includ9 ing the activities listed in clauses (i) through (viii) 

10 in section 3(9)(A); 

11 (9) which countries have been requested to no12 tify the United States when a United States citizen 

13 has been arrested, convicted, sentenced, or com14 pleted a prison sentence for a sex offense in that 

15 country, and of those countries so requested, which 

16 countries have agreed to do so, through either for17 mal or informal agreement; 

18 (10) any memoranda of understanding or other 

19 bilateral agreements that the United States has ne20 gotiated with a foreign government to further the 

21 purposes of this Act pursuant to section 10(a); and 

22 (11) recommendations as to how the United 

23 States can more fully participate in international law 

24 enforcement cooperative efforts to combat child sex 

25 exploitation. 


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1 (d) INSPECTOR GENERAL AUDIT AND REPORT.— 

2 (1) IN GENERAL.—Not later than three years 

3 after the date of the enactment of this Act, the In4 spectors General of the Department of Justice and 

5 the Department of State shall perform a comprehen6 sive audit of and submit to the appropriate congres7 sional committees a report on the implementation of 

8 sections 4, 5, 6, and 7. 

9 (2) CONTENTS.—The report required under 

10 paragraph (1) shall include the following: 

11 (A) An assessment of all the complaints re12 ceived by the Department of Justice pursuant 

13 to section 6(f), and a description as to what, if 

14 any, action was taken to resolve each complaint. 

15 (B) A description of any instances in which 

16 a United States citizen or lawful permanent 

17 resident was mistakenly identified as a sex of18 fender who failed to comply with the require19 ments of this Act and was confronted with such 

20 failure. 

21 (C) A description of any instances in which 

22 a United States citizen or lawful permanent 

23 resident was prevented from travelling to or 

24 from the United States as a consequence of the 

25 implementation of this Act. 


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1 (D) A description of any instances in 

2 which a sex offender was charged with violating 

3 the travel reporting requirement under section 

4 4 or the registration requirement under section 

5 5 prior to such sex offender being duly noticed 

6 of the relevant requirement. 

7 (E) A description of any physical or sub8 stantial emotional harm suffered by a high in9 terest registered sex offender in a destination 

10 country as a result of notice being given to such 

11 destination country pursuant to section 6(e). 

12 (F) A description of any instances in which 

13 information about a sex offender on a registry 

14 at a United States diplomatic or consular mis15 sion was disclosed in a manner not authorized 

16 by this Act. 

17 (G) A description and assessment of high 

18 interest registered sex offender determination 

19 reviews conducted pursuant to section 6(d), in20 cluding the number of such determinations that 

21 were overturned. 

22 (H) A description and assessment of any 

23 other substantive or administrative challenges 

24 identified in implementing and administering 

25 sections 4, 5, 6, and 7. 


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1 SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 

2 To carry out this Act and the amendments made by 

3 this Act, there are authorized to be appropriated such 

4 sums as may be necessary for each of the fiscal years 2011 

5 through 2015. 

6 SEC. 16. BUDGET COMPLIANCE. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement 

10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the Committee on the Budget of the 

13 House of Representatives, provided that such statement 

14 has been submitted prior to the vote on passage. 

Passed the House of Representatives July 27, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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