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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5138 Reported in House (RH)]

                                                 Union Calendar No. 327
111th CONGRESS
  2d Session
                                H. R. 5138

                      [Report No. 111-568, Part I]

  To protect children from sexual exploitation by mandating reporting 
  requirements for convicted sex traffickers and other registered sex 
 offenders against minors intending to engage in international travel, 
providing advance notice of intended travel by high interest registered 
   sex offenders outside the United States to the government of the 
 country of destination, requesting foreign governments to notify the 
 United States when a known child sex offender is seeking to enter the 
                 United States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2010

Mr. Smith of New Jersey (for himself, Mr. Payne, Ms. Ros-Lehtinen, Mr. 
  Daniel E. Lungren of California, Mr. Crenshaw, Mr. Wilson of South 
Carolina, Mr. Burton of Indiana, Mr. Fortenberry, Mr. Poe of Texas, Mr. 
 Lance, Mr. Aderholt, Mr. Upton, Mr. Pitts, Mr. King of New York, Mr. 
     Wolf, Mrs. Schmidt, Mr. Pascrell, and Mr. Davis of Tennessee) 
 introduced the following bill; which was referred to the Committee on 
Foreign Affairs, and in addition to the Committee on the Judiciary, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                             July 27, 2010

Additional sponsors: Mr. Manzullo, Mr. Bilbray, Mr. Kildee, Mr. Inglis, 
                 Ms. Granger, Mr. Rush, and Mr. Pomeroy

                             July 27, 2010

             Reported from the Committee on Foreign Affairs

                             July 27, 2010

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
  To protect children from sexual exploitation by mandating reporting 
  requirements for convicted sex traffickers and other registered sex 
 offenders against minors intending to engage in international travel, 
providing advance notice of intended travel by high interest registered 
   sex offenders outside the United States to the government of the 
 country of destination, requesting foreign governments to notify the 
 United States when a known child sex offender is seeking to enter the 
                 United States, and for other purposes.

 

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Megan's Law of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and declaration of purposes.
Sec. 3. Definitions.
Sec. 4. Sex offender travel reporting requirement.
Sec. 5. Foreign registration requirement for sex offenders.
Sec. 6. International Sex Offender Travel Center.
Sec. 7. Center Sex Offender Travel Guidelines.
Sec. 8. Authority to restrict passports.
Sec. 9. Immunity for good faith conduct.
Sec. 10. Sense of Congress provisions.
Sec. 11. Enhancing the minimum standards for the elimination of 
                            trafficking.
Sec. 12. Special report on international mechanisms related to 
                            traveling child sex offenders.
Sec. 13. Assistance to foreign countries to meet minimum standards for 
                            the elimination of trafficking.
Sec. 14. Congressional reports.
Sec. 15. Authorization of appropriations.

SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Megan Nicole Kanka, who was 7 years old, was abducted, 
        sexually assaulted, and murdered in 1994, in the State of New 
        Jersey by a violent predator living across the street from her 
        home. Unbeknownst to Megan Kanka and her family, he had been 
        convicted previously of a sex offense against a child.
            (2) In 1996, Congress adopted Megan's Law (Public Law 104-
        145) as a means to encourage States to protect children by 
        identifying the whereabouts of sex offenders and providing the 
        means to monitor their activities.
            (3) The sexual exploitation of minors is a global 
        phenomenon. The International Labour Organization estimates 
        that 1.8 million children worldwide are exploited each year 
        through prostitution and pornography.
            (4) According to End Child Prostitution, Child Pornography 
        and Trafficking in Children for Sexual Purposes (ECPAT 
        International), all children are adversely affected by being 
        commercially sexually exploited. Commercial sexual exploitation 
        can result in serious, lifelong, even life-threatening 
        consequences for the physical, psychological, spiritual, 
        emotional and social development and well-being of a child.
            (5) ECPAT International reports that children who are 
        commercially sexually exploited are at great risk of 
        contracting HIV or AIDS and are unlikely to receive adequate 
        medical care. These children are also at great risk of further 
        physical violence--those who make an attempt to escape or 
        counter their abuse may be severely injured or killed. The 
        psychological effects of child sexual exploitation and threats 
        usually plague the victims for the rest of their lives.
            (6) ECPAT International further reports that children who 
        have been exploited typically report feelings of shame, guilt, 
        and low self-esteem. Some children do not believe they are 
        worthy of rescue; some suffer from stigmatization or the 
        knowledge that they were betrayed by someone whom they had 
        trusted; others suffer from nightmares, sleeplessness, 
        hopelessness, and depression--reactions similar to those 
        exhibited in victims of torture. To cope, some children attempt 
        suicide or turn to substance abuse. Many find it difficult to 
        reintegrate successfully into society once they become adults.
            (7) According to ECPAT International, child sex tourism is 
        a specific form of child prostitution and is a developing 
        phenomenon. Child sex tourism is defined as the commercial 
        sexual exploitation of children by people who travel from one 
        place to another and there engage in sexual acts with minors. 
        This type of exploitation can occur anywhere in the world and 
        no country or tourism destination is immune.
            (8) According to research conducted by The Protection 
        Project of The Johns Hopkins University Paul H. Nitze School of 
        Advanced International Studies, sex tourists from the United 
        States who target children form a significant percentage of 
        child sex tourists in some of the most significant destination 
        countries for child sex tourism.
            (9) According to the National Center for Missing and 
        Exploited Children (NCMEC), most victims of sex offenders are 
        minors.
            (10) Media reports indicate that known sex offenders who 
        have committed crimes against children are traveling 
        internationally, and that the criminal background of such 
        individuals may not be known to local law enforcement prior to 
        their arrival. For example, in April 2008, a United States 
        registered sex offender received a prison sentence for engaging 
        in illicit sexual activity with a 15-year-old United States 
        citizen girl in Ciudad Juarez, Chihuahua, Mexico in exchange 
        for money and crack cocaine.
            (11) U.S. Immigration and Customs Enforcement (ICE) has 
        taken a leading role in the fight against the sexual 
        exploitation of minors abroad, in cooperation with other United 
        States agencies, law enforcement from other countries, 
        INTERPOL, and nongovernmental organizations. In addition to 
        discovering evidence of and investigating child sex crimes, ICE 
        has provided training to foreign law enforcement and NGOs, as 
        appropriate, for the prevention, detection, and investigation 
        of cases of child sexual exploitation.
            (12) Between 2003 and 2009, ICE obtained 73 convictions of 
        individuals from the United States charged with committing 
        sexual crimes against minors in other countries.
            (13) While necessary to protect children and rescue 
        victims, the detection and investigation of child sex predators 
        overseas is costly. Such an undercover operation can cost 
        approximately $250,000. A system that would aid in the 
        prevention of such crimes is needed to safeguard vulnerable 
        populations and to reduce the cost burden of addressing crimes 
        after they are committed.
            (14) Sex offenders are also attempting to enter the United 
        States. In April 2008, a lifetime registered sex offender from 
        the United Kingdom attempted to enter the United States with 
        the intention of living with a woman who he had met on the 
        Internet and her young daughters. Interpol London notified 
        Interpol United States National Central Bureau (USNCB) about 
        the sex offender's status. Interpol USNCB notified the United 
        States Customs and Border Protection officers, who refused to 
        allow the sex offender to enter the country.
            (15) Foreign governments need to be encouraged to notify 
        the United States as well as other countries when a known sex 
        offender is entering our borders. For example, Canada has a 
        national sex offender registry, but Canadian officials do not 
        notify United States law enforcement when a known sex offender 
        is entering the United States unless the sex offender is under 
        investigation.
            (16) Child sex tourists may travel overseas to commit 
        sexual offenses against minors for the following reasons: 
        perceived anonymity; law enforcement in certain countries is 
        perceived as scarce, corrupt, or unsophisticated; perceived 
        immunity from retaliation because the child sex tourist is a 
        United States citizen; the child sex tourist has the financial 
        ability to impress and influence the local population; the 
        child sex tourist can ``disappear'' after a brief stay; the 
        child sex tourist can target children meeting their desired 
        preference; and, there is no need to expend time and effort 
        ``grooming'' the victim.
            (17) Individuals who have been arrested in and deported 
        from a foreign country for sexually exploiting children have 
        used long-term passports to evade return to their country of 
        citizenship where they faced possible charges and instead have 
        moved to a third country where they have continued to exploit 
        and abuse children.
            (18) The United States is obligated under Article 10 of the 
        Optional Protocol to the Convention on the Rights of the Child 
        on the Sale of Children, Child Prostitution and Child 
        Pornography to, among other things, take all necessary steps to 
        strengthen international cooperation by multilateral, regional, 
        and bilateral arrangements for the prevention and detection of 
        those responsible for acts involving the sale of children, 
        child prostitution, child pornography, and child sex tourism. 
        The United States also is required to promote international 
        cooperation and coordination between authorities of other 
        States Parties to the Convention, national and international 
        nongovernmental organizations and international organizations 
        to achieve these objectives.
            (19) Article 10 of the Optional Protocol to the Convention 
        on the Rights of the Child on the Sale of Children, Child 
        Prostitution and Child Pornography further mandates that the 
        United States and other States Parties in a position to do so 
        provide financial, technical, or other assistance through 
        existing multilateral, regional, bilateral, or other programs.
            (20) In order to protect children, it is essential that 
        United States law enforcement be able to identify high risk 
        child sex offenders in the United States who are traveling 
        abroad and child sex offenders from other countries entering 
        the United States. Such identification requires cooperative 
        efforts between the United States and foreign governments. In 
        exchange for providing notice of sex offenders traveling to the 
        United States, foreign authorities will expect United States 
        authorities to provide reciprocal notice of sex offenders 
        traveling to their countries.
            (21) ICE and other Federal law enforcement agencies 
        currently are sharing information about sex offenders traveling 
        internationally with law enforcement entities in some other 
        countries on an ad hoc basis through INTERPOL and other means. 
        The technology to detect and notify foreign governments about 
        travel by child sex offenders is available, but a legal 
        structure and additional resources are needed to systematize 
        and coordinate these detection and notice efforts.
            (22) Officials from the United Kingdom, Australia, Spain, 
        and other countries have expressed interest in working with the 
        United States Government for increased international 
        cooperation to protect children from sexual exploitation, and 
        are calling for formal arrangements to ensure that the risk 
        posed by traveling sex offenders is combated most effectively.
            (23) The United States, with its international law 
        enforcement relations, technological and communications 
        capability, and established sex offender registry system, 
        should now take the opportunity to lead the global community in 
        the effort to save thousands of potential child victims by 
        notifying other countries of travel by sex offenders who pose a 
        high risk of exploiting children, maintaining information about 
        sex offenders from the United States who reside overseas, and 
        strongly encouraging other countries to undertake the same 
        measures to protect children around the world.
    (b) Declaration of Purposes.--The purpose of this Act and the 
amendments made by this Act is to protect children from sexual 
exploitation by preventing or monitoring the international travel of 
sex traffickers and other sex offenders who pose a risk of committing a 
sex offense against a minor while traveling by--
            (1) establishing a system in the United States to notify 
        the appropriate officials of other countries when a sex 
        offender who is identified as a high interest registered sex 
        offender intends to travel to their country;
            (2) strongly encouraging and assisting foreign governments 
        to establish a sex offender travel notification system and to 
        inform United States authorities when a sex offender intends to 
        travel or has departed on travel to the United States;
            (3) establishing and maintaining non-public sex offender 
        registries in United States diplomatic and consular missions in 
        order to maintain critical data on United States citizen and 
        lawful permanent resident sex offenders who are residing 
        abroad;
            (4) providing the Secretary of State with the discretion to 
        revoke the passport or passport card of an individual who has 
        been convicted overseas for a sex offense against a minor, or 
        limit the period of validity of a passport or passport card 
        issued to a high interest registered sex offender;
            (5) including whether a country is investigating and 
        prosecuting its nationals suspected of engaging in severe forms 
        of trafficking in persons abroad in the minimum standards for 
        the elimination of human trafficking under section 108 of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
        seq.);
            (6) mandating a report from the Secretary of State, in 
        consultation with the Attorney General, about the status of 
        international notifications between governments about child sex 
        offender travel; and
            (7) providing assistance to foreign countries under section 
        134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to 
        establish systems to identify sex offenders and provide and 
        receive notification of child sex offender international 
        travel.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--Except as 
        otherwise provided, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on the Judiciary of the Senate.
            (2) Center.--The term ``Center'' means the International 
        Sex Offender Travel Center established pursuant to section 
        6(a).
            (3) Convicted as excluding certain juvenile 
        adjudications.--The term ``convicted'' or a variant thereof, 
        used with respect to a sex offense of a minor, does not 
        include--
                    (A) adjudicated delinquent as a juvenile for that 
                offense; or
                    (B) convicted as an adult for that offense, unless 
                the offense took place after the offender had attained 
                the age of 14 years and the conduct upon which the 
                conviction took place was comparable to or more severe 
                than aggravated sexual abuse (as described in section 
                2241 of title 18, United States Code), or was an 
                attempt or conspiracy to commit such an offense.
            (4) High interest registered sex offender.--The term ``high 
        interest registered sex offender'' means a sex offender as 
        defined under paragraph (8) who the Center, pursuant to section 
        7 and based on the totality of the circumstances, has a 
        reasonable belief presents a high risk of committing a sex 
        offense against a minor in a country to which the sex offender 
        intends to travel.
            (5) Jurisdiction.--The term ``jurisdiction'' means any of 
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) A federally recognized Indian tribe that 
                maintains a sex offender registry, or another 
                jurisdiction to which an Indian tribe has delegated the 
                function of maintaining a sex offender registry on its 
                behalf.
                    (I) A United States diplomatic or consular mission 
                that maintains a sex offender registry pursuant to 
                section 5 of this Act.
            (6) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.
            (7) Passport card.--The term ``passport card'' means a 
        document issued by the Department of State pursuant to section 
        7209 of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (Public Law 108-458; 8 U.S.C. 1185 note).
            (8) Sex offender.--Except as provided in sections 12 and 
        13, the term ``sex offender'' means a United States citizen or 
        lawful permanent resident who is convicted of a sex offense as 
        defined in this Act, including a conviction by a foreign court, 
        and who is legally required to register with a jurisdiction.
            (9) Sex offense.--
                    (A) In general.--The term ``sex offense'' means a 
                criminal offense against a minor, including any Federal 
                offense, that is punishable by statute by more than one 
                year of imprisonment and involves any of the following:
                            (i) Solicitation to engage in sexual 
                        conduct.
                            (ii) Use in a sexual performance.
                            (iii) Solicitation to practice prostitution 
                        (whether for financial or other forms of 
                        remuneration).
                            (iv) Video voyeurism as described in 
                        section 1801 of title 18, United States Code.
                            (v) Possession, production, or distribution 
                        of child pornography.
                            (vi) Criminal sexual conduct involving a 
                        minor, or the use of the Internet to facilitate 
                        or attempt such conduct.
                            (vii) Conduct that would violate section 
                        1591 (relating to sex trafficking of children 
                        or by force, fraud, or coercion) of title 18, 
                        United States Code, if the conduct had involved 
                        interstate or foreign commerce and where the 
                        person recruited, enticed, harbored, 
                        transported, provided, or obtained had not 
                        attained the age of 18 years at the time of the 
                        conduct.
                            (viii) Any other conduct that by its nature 
                        is a sex offense against a minor.
                    (B) Exceptions.--The term ``sex offense'' does not 
                include--
                            (i) a foreign conviction, unless the 
                        conviction was obtained with sufficient 
                        safeguards for fundamental fairness and due 
                        process for the accused; or
                            (ii) an offense involving consensual sexual 
                        conduct if the victim was at least 13 years old 
                        and the offender was not more than 4 years 
                        older than the victim.
                    (C) Special rule for determining whether sufficient 
                safeguards exist.--For the purposes of subparagraph 
                (B)(i), compliance with the guidelines or regulations 
                established under section 112 of the Sex Offender 
                Registration and Notification Act (42 U.S.C. 16911) 
                creates a rebuttable presumption that the conviction 
                was obtained with sufficient safeguards for fundamental 
                fairness and due process for the accused.

SEC. 4. SEX OFFENDER TRAVEL REPORTING REQUIREMENT.

    (a) Duty To Report.--
            (1) In general.--A sex offender who is a United States 
        citizen or alien lawfully admitted to the United States for 
        permanent residence shall notify a jurisdiction where he or she 
        is registered as a sex offender of his or her intention to 
        travel either from the United States to another country or from 
        another country to the United States, subject to subsection (f) 
        and in accordance with the rules issued under subsection (b). 
        The sex offender shall provide notice--
                    (A) not later than 30 days before departure from or 
                arrival in the United States; or
                    (B) in individual cases in which the Center 
                determines that a personal or humanitarian emergency, 
                business exigency, or other situation renders the 
                deadline in subparagraph (A) to be impracticable or 
                inappropriate, as early as possible.
            (2) Transmission of notice from the jurisdiction to the 
        center.--A jurisdiction so notified pursuant to paragraph (1) 
        shall transmit such notice to the Center within 24 hours or the 
        next business day, whichever is later, of receiving such 
        notice.
            (3) Period of reporting requirement.--The duty to report 
        required under paragraph (1) shall take effect on the date that 
        is 425 days after the date of the enactment of this Act or 
        after a sex offender has been duly notified of the duty to 
        report pursuant to subsection (d), whichever is later, and 
        terminate at such time as the sex offender is no longer 
        required to register in any jurisdiction for a sex offense.
            (4) Notice to jurisdictions.--Not later than 395 days after 
        the date of the enactment of this Act, the Center shall provide 
        notice to all jurisdictions of the requirement to receive 
        notifications regarding travel from sex offenders and the means 
        for informing the Center about such travel notifications 
        pursuant to paragraph (1).
    (b) Rules for Reporting.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Homeland Security, in 
coordination with the Attorney General and the Secretary of State, 
shall issue rules to carry out subsection (a) in accordance with the 
purposes of this Act. Such rules--
            (1) shall establish procedures for reporting under 
        subsection (a), including the method of payment and 
        transmission of any fee to United States Immigration and 
        Customs Enforcement (ICE) pursuant to subsection (c);
            (2) shall set forth the information required to be 
        reported, including--
                    (A) complete name(s);
                    (B) address of residence and home and cellular 
                numbers;
                    (C) all e-mail addresses;
                    (D) date of birth;
                    (E) social security number;
                    (F) citizenship;
                    (G) passport or passport card number and date and 
                place of issuance;
                    (H) alien registration number, where applicable;
                    (I) information as to the nature of the sex offense 
                conviction;
                    (J) jurisdiction of conviction;
                    (K) travel itinerary, including the anticipated 
                length of stay at each destination, and purpose of the 
                trip;
                    (L) if a plane ticket or other means of 
                transportation has been purchased, prior to the 
                submission of this information, the date of such 
                purchase;
                    (M) whether the sex offender is traveling alone or 
                as part of a group; and
                    (N) contact information prior to departure and 
                during travel; and
            (3) in consultation with the jurisdictions, shall provide 
        appropriate transitional provisions in order to make the phase-
        in of the requirements of this Act practicable.
    (c) Fee Charge.--ICE is authorized to charge a sex offender a fee 
for the processing of a notice of intent to travel submitted pursuant 
to subsection (a)(1). Such fee--
            (1) shall initially not exceed the amount of $25;
            (2) may be increased thereafter not earlier than 30 days 
        after consultation with the appropriate congressional 
        committees;
            (3) shall be collected by the jurisdiction at the time that 
        the sex offender provides the notice of intent to travel;
            (4) shall be waived if the sex offender demonstrates to the 
        satisfaction of ICE, pursuant to a fee waiver process 
        established by ICE, that the payment of such fee would impose 
        an undue financial hardship on the sex offender;
            (5) shall be used only for the activities specified in 
        sections 4, 6, and 7; and
            (6) shall be shared equitably with the jurisdiction that 
        processes the notice of intent to travel.
    (d) Criminal Penalty for Failure To Register or Report.--
            (1) New offense.--Section 2250 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(d) Whoever knowingly fails to register with United States 
officials in a foreign country or to report his or her travel to or 
from a foreign country, as required by the International Megan's Law of 
2010, after being duly notified of the requirements shall be fined 
under this title or imprisoned not more than 10 years, or both.''.
            (2) Amendment to heading of section.--The heading for 
        section 2250 of title 18, United States Code, is amended by 
        inserting ``or report international travel'' after 
        ``register''.
            (3) Conforming amendment to affirmative defense.--Section 
        2250(b) of title 18, United States Code, is amended by 
        inserting ``or (d)'' after ``(a)''.
            (4) Conforming amendment to federal penalties for violent 
        crimes.--Section 2250(c) of title 18, United States Code, is 
        amended by inserting ``or (d)'' after ``(a)'' each place it 
        appears.
            (5) Clerical amendment.--The item relating to section 2250 
        in the table of sections at the beginning of chapter 109B of 
        title 18, United States Code, is amended by inserting ``or 
        report international travel'' after ``register''.
    (e) Duty To Notify Sex Offenders of Reporting and International 
Registration Requirement.--
            (1) In general.--When an official is required under the law 
        of a jurisdiction or under the rules established pursuant to 
        subsection (b) to notify a sex offender (as defined in section 
        3(8)) of a duty to register as a sex offender under the law of 
        such jurisdiction, the official shall also, at the same time--
                    (A) notify the offender of such offender's duties 
                to report international travel under this section and 
                to register as a sex offender under section 5, and the 
                procedure for fulfilling such duties; and
                    (B) require such offender to read and sign a form 
                stating that such duties to report and register, and 
                the procedure for fulfilling such duties, have been 
                explained and that such offender understands such 
                duties and such procedure.
            (2) Sex offenders convicted in foreign countries.--When a 
        United States citizen or lawful permanent resident is convicted 
        in a foreign country of a sex offense and the United States 
        diplomatic or consular mission in such country is informed of 
        such conviction, such diplomatic or consular mission shall--
                    (A) notify such sex offender of such offender's 
                duties to report travel to the United States and to 
                register as a sex offender under this Act and the 
                procedure for fulfilling such duties; and
                    (B) require such offender to read and sign a form 
                stating that such duties to report and register, and 
                the procedure for fulfilling such duties, have been 
                explained and that such offender understands such 
                duties and such procedure.
            (3) Requirements relating to form.--The form required by 
        paragraphs (1)(B) and (2)(B) shall be maintained by the entity 
        that maintains the sex offender registry in the jurisdiction in 
        which the sex offender was convicted.
    (f) Procedures With Respect to Sex Offenders Who Regularly Transit 
Across the United States Borders.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall establish a system for identifying and monitoring, as 
        appropriate and in accordance with the purposes of this Act, 
        sex offenders who, for legitimate business, personal, or other 
        reasons regularly transit across the border between the United 
        States and Mexico or the border between the United States and 
        Canada.
            (2) Report.--Not later than the date of the establishment 
        of the border system pursuant to paragraph (1), the Secretary 
        of Homeland Security shall transmit to the appropriate 
        congressional committees a report on the implementation of such 
        system.

SEC. 5. FOREIGN REGISTRATION REQUIREMENT FOR SEX OFFENDERS.

    (a) In General.--Not later than 395 days after the date of the 
enactment of this Act, a designated United States diplomatic or 
consular mission in each foreign country shall establish and maintain a 
countrywide nonpublic sex offender registry for sex offenders (as 
defined in section 3(8)) who are United States citizens or aliens 
lawfully admitted to the United States for permanent residence who 
remain in such country for the time period specified in subsection (b). 
Such registry shall include the information specified in subsection 
(d).
    (b) International Registry Requirement for Sex Offenders.--
            (1) In general.--A sex offender who is a United States 
        citizen or alien lawfully admitted to the United States for 
        permanent residence--
                    (A) who remains in a foreign country for more than 
                30 consecutive days; or
                    (B) who remains in a foreign country for more than 
                30 days within a 6-month period,
        shall register, and keep such registration current, at the 
        designated United States diplomatic or consular mission in such 
        country.
            (2) Period of registration requirement.--The registration 
        requirement specified in paragraph (1) shall--
                    (A) begin when the sex offender registry has been 
                established at the designated diplomatic or consular 
                mission in the country in which a sex offender is 
                staying and such sex offender has received notice of 
                the requirement to register pursuant to this section; 
                and
                    (B) end on the sooner of--
                            (i) such time as the sex offender departs 
                        such country and has provided notice of all 
                        changes of information in the sex offender 
                        registry as required under paragraph (3);
                            (ii) in the case of a conviction in the 
                        United States, such time has elapsed as the sex 
                        offender would have otherwise been required to 
                        register in the jurisdiction of conviction for 
                        the applicable sex offense; or
                            (iii) in the case of a foreign conviction, 
                        such time as the sex offender would have 
                        otherwise been required to register under 
                        section 115 of the Sex Offender Registration 
                        and Notification Act (42 U.S.C. 16915) for the 
                        applicable sex offense.
            (3) Keeping the registration current.--Subject to the 
        period of registration requirement under paragraph (2), not 
        later than five business days after each change of name, 
        residence, or employment or student status, or any change in 
        any of the other information specified in subsection (d)(1), a 
        sex offender residing in a foreign country shall notify a 
        United States diplomatic or consular mission in such country 
        for the purpose of providing information relating to such 
        change for inclusion in the sex offender registry maintained by 
        the designated diplomatic or consular mission in such country 
        under subsection (a). If the diplomatic or consular mission is 
        not the mission that maintains the registry in that country, 
        the mission shall forward the changed information to the 
        appropriate diplomatic or consular mission.
            (4) Registration and notification procedure.--Not later 
        than one year after the date of the enactment of this Act, the 
        Secretary of State, in consultation with the Attorney General 
        and the Secretary of Homeland Security, shall issue regulations 
        for the establishment and maintenance of the registries 
        described in subsection (a), including--
                    (A) the manner in which sex offenders who are 
                convicted in a foreign country of a sex offense, whose 
                conviction and presence in the foreign country are 
                known by the United States Government, and who are 
                required to register pursuant to United States law, 
                including this Act, will be notified of such 
                requirement;
                    (B) the manner for registering and changing 
                information as specified in paragraphs (1) and (3);
                    (C) the manner for disclosing information to 
                eligible entities as specified in subsection (h)(2); 
                and
                    (D) a mechanism by which individuals listed on the 
                sex offender registry can notify the diplomatic or 
                consular mission of any errors with respect to such 
                listing and by which the Department of State shall 
                correct such errors.
    (c) Cross Reference for Criminal Penalties for Nonregistration.--
Criminal penalties for nonregistration are provided in section 2250(d) 
of title 18, United States Code, which was added by section 4(d)(1) of 
this Act.
    (d) Information Required in Registration.--
            (1) Provided by the sex offender.--A sex offender described 
        in subsection (b) shall provide the following information:
                    (A) Name (including any alias).
                    (B) Passport or passport card, and visa type and 
                number, if applicable.
                    (C) Alien registration number, where applicable.
                    (D) Social Security number of the sex offender.
                    (E) Address of each residence at which the sex 
                offender resides or will reside in that country and the 
                address of any residence maintained in the United 
                States.
                    (F) Purpose for the sex offender's residence in the 
                country.
                    (G) Name and address of any place where the sex 
                offender is an employee or will be or has applied to be 
                an employee and will have regular contact with minors.
                    (H) Name and address of any place where the sex 
                offender is a student or will be or has applied to be a 
                student and will have regular contact with minors.
                    (I) All e-mail addresses.
                    (J) Most recent address in the United States and 
                State of legal residence.
                    (K) The jurisdiction in which the sex offender was 
                convicted and the jurisdiction or jurisdictions in 
                which the sex offender was most recently legally 
                required to register.
                    (L) The license plate number and a description of 
                any vehicle owned or operated by the sex offender.
                    (M) The date or approximate date when the sex 
                offender plans to leave the country.
                    (N) Any other information required by the Secretary 
                of State.
            (2) Provided by the attorney general and the jurisdiction 
        of conviction.--
                    (A) In general.--The United States diplomatic or 
                consular mission shall notify the Attorney General that 
                a sex offender is registering with such mission 
                pursuant to subsection (b). Upon receipt of such 
                notice, the Attorney General shall obtain the 
                information specified in subparagraph (C) and transmit 
                it to the mission within 15 business days.
                    (B) Information provided by the jurisdiction of 
                conviction.--If the only available source for any of 
                the information specified in subparagraph (C) is the 
                jurisdiction in which the conviction of the sex 
                offender occurred, the Attorney General shall request 
                such information from the jurisdiction of conviction. 
                The jurisdiction shall provide the information to the 
                Attorney General within 15 business days of receipt of 
                the request.
                    (C) Information.--The information specified in this 
                subparagraph is the following:
                            (i) The sex offense history of the sex 
                        offender, including--
                                    (I) the text of the provision of 
                                law defining the sex offense;
                                    (II) the dates of all arrests and 
                                convictions related to sex offenses; 
                                and
                                    (III) the status of parole, 
                                probation, or supervised release.
                            (ii) The most recent available photograph 
                        of the sex offender.
                            (iii) The time period for which the sex 
                        offender is required to register pursuant to 
                        the law of the jurisdiction of conviction.
            (3) Provided by the diplomatic or consular mission.--The 
        United States diplomatic or consular mission at which a sex 
        offender registers shall collect and include the following 
        information in the registry maintained by such mission:
                    (A) Information provided pursuant to paragraphs (1) 
                and (2).
                    (B) A physical description of the sex offender.
                    (C) Any other information required by the Secretary 
                of State.
    (e) Periodic in Person Verification.--Not less often than every six 
months, a sex offender who is registered under subsection (b) shall 
appear in person at a United States diplomatic or consular mission in 
the country where the sex offender is registered to allow such mission 
to take a current photograph of the sex offender and to verify the 
information in the sex offender registry maintained by the designated 
diplomatic or consular mission in such country under subsection (a). If 
such diplomatic or consular mission is not the mission that maintains 
the registry in such country, such mission shall forward such 
photograph and information to the appropriate mission.
    (f) Transmission of Registry Information to the Attorney General.--
For the purposes of updating the National Sex Offender Registry and 
keeping domestic law enforcement informed as to the status of a sex 
offender required to register under this section, when a United States 
diplomatic or consular mission receives new or changed information 
about a sex offender pursuant to paragraphs (1) and (3) of subsection 
(b) for the sex offender registry maintained by such mission under 
subsection (a), such mission shall, not later than 24 hours or the next 
business day, whichever is later, after receipt of such new or changed 
information, transmit to the Attorney General such new or changed 
information. Not later than 24 hours or the next business day, 
whichever is later, after the receipt of such new or changed 
information, the Attorney General shall transmit such new or changed 
information to the State of legal residence or the State of last known 
address, as appropriate, of such sex offender.
    (g) Access to Registry Information by United States Law 
Enforcement.--Federal, State, local, tribal, and territorial law 
enforcement shall be afforded access for official purposes to all 
information on a sex offender registry maintained by a United States 
diplomatic or consular mission pursuant to subsection (a).
    (h) Other Access to Registry Information.--
            (1) In general.--Information on a registry established 
        pursuant to subsection (a) shall not be made available to the 
        general public except as provided in paragraph (2).
            (2) Exception for eligible entities.--
                    (A) In general.--An eligible entity described in 
                subparagraph (B) may request certain information on the 
                sex offender registry maintained by the United States 
                diplomatic or consular mission in the country where the 
                eligible entity is located, in accordance with this 
                paragraph.
                    (B) Eligible entities described.--An eligible 
                entity referred to in subparagraph (A) is--
                            (i) an entity that provides direct services 
                        to minors;
                            (ii) an official law enforcement entity; or
                            (iii) an investigative entity that is 
                        affiliated with an official law enforcement 
                        entity for the purpose of investigating a 
                        possible sex offense.
                    (C) Information request process.--An eligible 
                entity may request information on the sex offender 
                registry from the United States Government official 
                designated for this purpose by the head of the 
                diplomatic or consular mission in which the sex 
                offender registry is maintained. The official, in 
                consultation with the head of such diplomatic or 
                consular mission, shall have the sole discretion 
                whether and to what extent to provide information about 
                a particular registered sex offender on the sex 
                offender registry as designated in subparagraph (D). 
                Before providing an eligible entity with such 
                information, the official shall first obtain from the 
                eligible entity a written certification that--
                            (i) the eligible entity shall provide 
                        access to the information only to the persons 
                        as designated in the certificate who require 
                        access to such information for the purpose for 
                        which the information is provided;
                            (ii) the information shall be maintained 
                        and used by the eligible entity in a 
                        confidential manner for employment or volunteer 
                        screening or law enforcement purposes only, as 
                        applicable;
                            (iii) the information may not otherwise be 
                        disclosed to the public either by the eligible 
                        entity or by the employees of the eligible 
                        entity who are provided access; and
                            (iv) the eligible entity shall destroy the 
                        information or extract it from any 
                        documentation in which it is contained as soon 
                        as the information is no longer needed for the 
                        use for which it was obtained.
                    (D) Information to be disclosed.--
                            (i) To service providers.--An eligible 
                        entity described in paragraph (2)(B) may 
                        request necessary and appropriate information 
                        on the registry with respect to an individual 
                        who is listed on the registry and is applying 
                        for or holds a position within the entity that 
                        involves contact with children.
                            (ii) To law enforcement and investigative 
                        entities.--An eligible entity described in 
                        paragraph (2)(B) may request necessary and 
                        appropriate information on the registry that 
                        may assist in the investigation of an alleged 
                        sex offense against a minor.
                    (E) Fee charge.--The employing agency of the 
                designated official who receives the requests for 
                information on the registry may charge eligible 
                entities a reasonable fee for providing information 
                pursuant to this subsection.
                    (F) Notification of possible access to 
                information.--The diplomatic or consular mission that 
                maintains a sex offender registry should make a 
                reasonable effort to notify law enforcement entities 
                and other entities that provide services to children, 
                particularly schools that hire foreign teachers, within 
                the country in which the mission is located of the 
                possibility of limited access to registry information 
                and the process for requesting such information as 
                provided in this subsection.
                    (G) Denial of access to information.--An eligible 
                entity that fails to comply with the certificate 
                provisions specified in subparagraph (C) may be denied 
                all future access to information on a sex offender 
                registry at the discretion of the designated official.
    (i) Actions To Be Taken if a Sex Offender Fails To Comply.--When a 
United States diplomatic or consular mission determines that a sex 
offender has failed to comply with the requirements of this section, 
such mission shall notify the Attorney General and revise the sex 
offender registry maintained by such mission under subsection (a) to 
reflect the nature of such failure.
    (j) Federal Assistance Regarding Violations of Registration 
Requirements.--The first sentence of subsection (a) of section 142 of 
the Sex Offender Registration and Notification Act (Public Law 109-248; 
42 U.S.C. 16941) is amended by inserting before the period at the end 
the following: ``, including under the International Megan's Law of 
2010''.

SEC. 6. INTERNATIONAL SEX OFFENDER TRAVEL CENTER.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish the International 
Sex Offender Travel Center to carry out the activities specified in 
subsection (d).
    (b) Participants.--The Center shall include representatives from 
the following departments and agencies:
            (1) The Department of Homeland Security, including United 
        States Immigration and Customs Enforcement, United States 
        Customs and Border Protection, and the Coast Guard.
            (2) The Department of State, including the Office to 
        Monitor and Combat Trafficking in Persons, the Bureau of 
        Consular Affairs, the Bureau of International Narcotics and Law 
        Enforcement Affairs, and the Bureau of Diplomatic Security.
            (3) The Department of Justice, including the Interpol-
        United States National Central Bureau, the Federal Bureau of 
        Investigation, the Office of Sex Offender Sentencing, 
        Monitoring, Apprehending, Registering and Tracking, the 
        Criminal Division Child Exploitation and Obscenity Section, and 
        the United States Marshals Service's National Sex Offender 
        Targeting Center.
            (4) Such other officials as may be determined by the 
        President.
    (c) Leadership.--The Center shall be headed by the Assistant 
Secretary of Homeland Security for United States Immigration and 
Customs Enforcement.
    (d) Activities.--The Center shall carry out the following 
activities:
            (1) Prior to the implementation of the sex offender travel 
        reporting requirement under section 4, cooperate with each 
        jurisdiction to implement the means for transmitting travel 
        reports from that jurisdiction to the Center.
            (2) Prior to the implementation of the sex offender travel 
        reporting system under section 4, offer to provide training to 
        officials within each jurisdiction who will be responsible for 
        implementing any aspect of such system.
            (3) Establish a means to receive, assess, and respond to an 
        inquiry from a sex offender as to whether he or she is required 
        to report international travel pursuant to this Act.
            (4) Conduct assessments of sex offender travel pursuant to 
        section 7.
            (5) Establish a panel to review and respond within seven 
        days to appeals from sex offenders who are determined to be 
        high interest registered sex offenders. The panel shall consist 
        of individuals who are not involved in the initial assessment 
        of high interest registered sex offenders, and shall be from 
        the following agencies:
                    (A) The Department of Justice.
                    (B) The Department of State.
                    (C) The Office for Civil Rights and Civil Liberties 
                of the Department of Homeland Security.
            (6) Transmit notice of impending or current international 
        travel of high interest registered sex offenders to the 
        Secretary of State, together with an advisory regarding whether 
        or not the period of validity of the passport or passport card 
        of the high interest registered sex offender should be limited 
        to one year or such period of time as the Secretary of State 
        shall determine appropriate.
            (7) Establish a system to maintain and archive all relevant 
        information related to the assessments conducted pursuant to 
        paragraph (4) and the review of appeals conducted by the panel 
        established pursuant to paragraph (5).
            (8) Establish an annual review process to ensure that the 
        Center Sex Offender Travel Guidelines issued pursuant to 
        section 7(a) are being consistently and appropriately 
        implemented.
            (9) Establish a means to identify sex offenders who have 
        not reported travel as required under section 4 and who are 
        initiating travel, currently traveling, or have traveled 
        outside the United States.
    (e) Additional Activity Related to Transmission of Notice.--The 
Center may, in its sole discretion, transmit notice of impending or 
current international travel of high interest registered sex offenders 
to the country or countries of destination of such sex offenders as 
follows:
            (1) If a high interest registered sex offender submits an 
        appeal to the panel established pursuant to subsection (d)(5), 
        no notice may be transmitted to the destination country prior 
        to the completion of the appeal review process, including 
        transmission of the panel's decision to the sex offender.
            (2) The notice may be transmitted through such means as 
        determined appropriate by the Center, including through an ICE 
        attache, INTERPOL, or such other appropriate means as 
        determined by the Center.
            (3) If the Center has reason to believe that transmission 
        of the notice poses a risk to the life or well-being of the 
        high interest registered sex offender, the Center shall make 
        every reasonable effort to issue a warning to the high interest 
        registered sex offender of such risk prior to the transmission 
        of such notice to the country or countries.
    (f) Consultations.--The Center shall engage in ongoing 
consultations with--
            (1) NCMEC, ECPAT-USA, Inc., World Vision, and other 
        nongovernmental organizations that have experience and 
        expertise in identifying and preventing child sex tourism and 
        rescuing and rehabilitating minor victims of international 
        sexual exploitation;
            (2) the governments of countries interested in cooperating 
        in the creation of an international sex offender travel 
        notification system or that are primary destination or source 
        countries for international sex tourism; and
            (3) Internet service and software providers regarding 
        available and potential technology to facilitate the 
        implementation of an international sex offender travel 
        notification system, both in the United States and in other 
        countries.
    (g) Technical Assistance.--The Secretary of Homeland Security and 
the Secretary of State may provide technical assistance to foreign 
authorities in order to enable such authorities to participate more 
effectively in the notification program system established under this 
section.

SEC. 7. CENTER SEX OFFENDER TRAVEL GUIDELINES.

    (a) Issuance of Center Sex Offender Travel Guidelines.--Not later 
than 180 days after the date of the enactment of this Act, the Center 
shall issue the Center Sex Offender Travel Guidelines for the 
assessment of sex offenders--
            (1) who report international travel from the United States 
        to another country pursuant to section 4(a), or
            (2) whose travel is reported pursuant to subsection (b),
for purposes of determining whether such sex offenders are considered 
high interest registered sex offenders by United States law 
enforcement.
    (b) Law Enforcement Notification.--
            (1) In general.--Federal, State, local, tribal, or 
        territorial law enforcement entities or officials from within 
        the United States who have reasonable grounds to believe that a 
        sex offender is traveling outside the United States and may 
        engage in a sex offense against a minor may notify the Center 
        and provide as much information as practicable in accordance 
        with section 4(b)(2).
            (2) Notice to law enforcement entities.--Not later than 425 
        days after the date of the enactment of this Act, the Center 
        shall provide notice to all known, official law enforcement 
        entities within the United States of the possibility of 
        notifying the Center of anticipated international travel by a 
        sex offender pursuant to paragraph (1).
    (c) Travel Report Receipt Confirmation.--
            (1) In general.--Not later than seven days before the date 
        of departure indicated in the sex offender travel report, the 
        Center shall provide the sex offender with written confirmation 
        of receipt of the travel report. The written communication 
        shall include the following information:
                    (A) The sex offender should have the written 
                communication in his or her possession at the time of 
                departure from or return to the United States.
                    (B) The written communication is sufficient proof 
                of satisfactory compliance with the travel reporting 
                requirement under this Act if travel is commenced and 
                completed within seven days before or after the dates 
                of travel indicated in the travel report.
                    (C) The procedure that the sex offender may follow 
                to request a change, at the sole discretion of the 
                Center, of the time period covered by the written 
                confirmation in the event of an emergency or other 
                unforeseen circumstances that prevent the sex offender 
                from traveling within seven days of the dates specified 
                in the sex offender's travel report.
                    (D) The requirement to register with a United 
                States diplomatic or consular mission if the sex 
                offender remains in a foreign country for more than 30 
                consecutive days or for more than 30 days within a 6-
                month period pursuant to section 5.
                    (E) Any additional information that the Center, in 
                its sole discretion, determines necessary or 
                appropriate.
            (2) Departure from the united states.--If the sex offender 
        is traveling from the United States, the written communication 
        shall indicate, in addition to the information specified in 
        paragraph (1), either--
                    (A) that the destination country or countries 
                indicated in the travel report are not being notified 
                of the sex offender's travel; or
                    (B)(i) that such country or countries are being 
                notified that the sex offender is a high interest 
                registered sex offender and intends to travel to such 
                countries; and
                    (ii) that a review of such notification is 
                available by the panel established pursuant to section 
                6(d)(5), together with an explanation of the process 
                for requesting such a review, including the means for 
                submitting additional information that may refute the 
                Center's determination that the sex offender is a high 
                interest registered sex offender.
    (d) Report to Congress.--Upon the issuance of the Center Sex 
Offender Travel Guidelines under subsection (a), the Center shall 
submit to the appropriate congressional committees a report containing 
the guidelines in a manner consistent with the protection of law 
enforcement-sensitive information.

SEC. 8. AUTHORITY TO RESTRICT PASSPORTS.

    (a) In General.--The Secretary of State is authorized to--
            (1) revoke the passport or passport card of an individual 
        who has been convicted by a court of competent jurisdiction in 
        a foreign country of a sex offense until such time as the 
        individual returns to the United States and is determined 
        eligible for the reissuance of such passport or passport card, 
        as the case may be; and
            (2) limit to one year or such period of time as the 
        Secretary of State shall determine appropriate the period of 
        validity of a passport or passport card issued to a high 
        interest registered sex offender.
    (b) Limitation for Return to United States.--Notwithstanding 
subsection (a), in no case shall a United States citizen be precluded 
from entering the United States. The Secretary of State may, prior to 
revocation, limit a previously issued passport or passport card only 
for return travel to the United States, or may issue a limited passport 
or passport card that only permits return travel to the United States.

SEC. 9. IMMUNITY FOR GOOD FAITH CONDUCT.

    The Federal Government, jurisdictions, political subdivisions of 
jurisdictions, and their agencies, officers, employees, and agents 
shall be immune from liability for good faith conduct under this Act.

SEC. 10. SENSE OF CONGRESS PROVISIONS.

    (a) Bilateral Agreements.--It is the sense of Congress that the 
President should negotiate memoranda of understanding or other 
bilateral agreements with foreign governments to further the purposes 
of this Act and the amendments made by this Act, including by--
            (1) establishing systems to receive and transmit notices as 
        required by section 4;
            (2) requiring Internet service providers and other private 
        companies located in foreign countries to report evidence of 
        child exploitation; and
            (3) establishing mechanisms for private companies and 
        nongovernmental organizations to report on a voluntary basis 
        suspected child pornography or exploitation to foreign 
        governments, the nearest United States embassy in cases in 
        which a possible United States citizen may be involved, or 
        other appropriate entities.
    (b) Minimum Age of Consent.--In order to better protect children 
and young adolescents from domestic and international sexual 
exploitation, it is the sense of Congress that the President should 
strongly encourage those foreign countries that have an age of consent 
to sexual activity below the age of 16 to raise the age of consent to 
sexual activity to at least the age of 16 and those countries that do 
not criminalize the appearance of persons below the age of 18 in 
pornography or the engagement of persons below the age of 18 in 
commercial sex transactions to prohibit such activity.
    (c) Notification to the United States of Sex Offenses Committed 
Abroad.--It is the sense of Congress that the President should formally 
request foreign governments to notify the United States when a United 
State citizen has been arrested, convicted, sentenced, or completed a 
prison sentence for a sex offense against a minor in the foreign 
country.

SEC. 11. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF 
              TRAFFICKING.

    Section 108(b)(4) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7106(b)(4)) is amended by adding at the end before the 
period the following: ``, including cases involving nationals of that 
country who are suspected of engaging in severe forms of trafficking of 
persons in another country''.

SEC. 12. SPECIAL REPORT ON INTERNATIONAL MECHANISMS RELATED TO 
              TRAVELING CHILD SEX OFFENDERS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Attorney General, shall submit to the appropriate congressional 
committees a report containing the following information (to the extent 
such information is available from the government concerned or from 
other reliable sources):
            (1) A list of those countries that have or could easily 
        acquire the technological capacity to identify sex offenders 
        who reside within the country.
            (2) A list of those countries identified in paragraph (1) 
        that utilize electronic means to identify and track the current 
        status of sex offenders who reside within the country, and a 
        summary of any additional information maintained by the 
        government with respect to such sex offenders.
            (3)(A) A list of those countries identified in paragraph 
        (2) that currently provide, or may be willing to provide, 
        information about a sex offender who is traveling 
        internationally to the destination country.
            (B) With respect to those countries identified in 
        subparagraph (A) that currently notify destination countries 
        that a sex offender is traveling to that country:
                    (i) The manner in which such notice is transmitted.
                    (ii) How many notices are transmitted on average 
                each year, and to which countries.
                    (iii) Whether the sex offenders whose travel was so 
                noticed were denied entry to the destination country on 
                the basis of such notice.
                    (iv) Details as to how frequently and on what basis 
                notice is provided, such as routinely pursuant to a 
                legal mandate, or by individual law enforcement 
                personnel on a case-by-case basis.
                    (v) How sex offenders are defined for purpose of 
                providing notice of travel by such individuals.
                    (vi) What international cooperation or mechanisms 
                currently are unavailable and would make the 
                transmission of such notifications more efficacious in 
                terms of protecting children.
            (C) With respect to those countries identified in 
        subparagraph (A) that are willing but currently do not provide 
        such information, the reason why destination countries are not 
        notified.
            (4)(A) A list of those countries that have an established 
        mechanism to receive reports of sex offenders intending to 
        travel from other countries to that country.
            (B) A description of the mechanism identified in 
        subparagraph (A).
            (C) The number of reports of arriving sex offenders 
        received in each of the past 5 years.
            (D) What international cooperation or mechanisms currently 
        are unavailable and would make the receipt of such 
        notifications more efficacious in terms of protecting children.
            (5) A list of those countries identified in paragraph (4) 
        that do not provide information about a sex offender who is 
        traveling internationally to the destination country, and the 
        reason or reasons for such failure. If the failure is due to a 
        legal prohibition within the country, an explanation of the 
        nature of the legal prohibition and the reason for such 
        prohibition.
    (b) Definition.--In this section, the term ``sex offender'' means 
an individual who has been convicted of a criminal offense against a 
minor that involves any of the acts described in clauses (i) through 
(viii) of section 3(9)(A).

SEC. 13. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR 
              THE ELIMINATION OF TRAFFICKING.

    (a) In General.--The President is strongly encouraged to exercise 
the authorities of section 134 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2152d) to provide assistance to foreign countries directly, 
or through nongovernmental and multilateral organizations, for 
programs, projects, and activities, including training of law 
enforcement entities and officials, designed to establish systems to 
identify sex offenders and provide and receive notification of child 
sex offender international travel.
    (b) Definition.--In this section, the term ``sex offender'' means 
an individual who has been convicted of a criminal offense against a 
minor that involves any of the acts described in clauses (i) through 
(viii) of section 3(9)(A).

SEC. 14. CONGRESSIONAL REPORTS.

    (a) Initial Consultations.--Not less than 30 days before the 
completion of the activities required pursuant to sections 4(b), 
5(b)(4), 6(a), and 7(a), the entities responsible for the 
implementation of such sections shall consult with the appropriate 
congressional committees concerning such implementation.
    (b) Initial Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a report on the 
        implementation of this Act, including--
                    (A) how the International Sex Offender Travel 
                Center has been established under section 6(a), 
                including the role and responsibilities of the 
                respective departments and agencies that are 
                participating in the Center, and how those roles are 
                being coordinated to accomplish the purposes of this 
                Act and the amendments made by this Act;
                    (B) the procedures established for implementing 
                section 7 regarding the Center Sex Offender Travel 
                Guidelines;
                    (C) the rules regarding sex offender travel reports 
                issued pursuant to section 4(b);
                    (D) the establishment of registries at United 
                States diplomatic missions pursuant to section 5, 
                including the number and location of such registries 
                and any difficulties encountered in their establishment 
                or operation;
                    (E) the consultations that are being conducted 
                pursuant to section 6(e), and a summary of the 
                discussions that have taken place in the course of 
                those consultations; and
                    (F) what, if any, assistance has been provided 
                pursuant to section 6(f) and section 13.
            (2) Form.--The report required under paragraph (1) may be 
        transmitted in whole or in part in classified form if such 
        classification would further the purposes of this Act or the 
        amendments made by this Act.
    (c) Annual Report.--Not later than one year after the date of the 
enactment of this Act, and every year for 4 years thereafter, the 
President shall transmit to the appropriate congressional committees a 
report on the implementation of this Act and the amendments made by 
this Act, including--
            (1)(A) the number of United States sex offenders who have 
        reported travel to or from a foreign country pursuant to 
        section 4(a);
            (B) the number of sex offenders who were identified as 
        having failed to report international travel as required by 
        section 4(a); and
            (C) the number of those identified in each of subparagraphs 
        (A) and (B) who reported travel or who traveled from the United 
        States without previously reporting and whose travel was 
        noticed to a destination country;
            (2) the number of United States sex offenders charged, 
        prosecuted, and convicted for failing to report travel to or 
        from a foreign country pursuant to section 4(a);
            (3) the number of sex offenders who were determined to be 
        high interest registered sex offenders by the Center, the 
        number of appeals of such determinations received by the panel 
        established pursuant to section 6(d)(5), the length of time 
        between the receipt of each such appeal and transmission of the 
        response, the extent and nature of any information provided to 
        the sex offender in response to the appeal, the reason for 
        withholding any information requested by the sex offender, and 
        the number of high interest registered sex offender 
        determinations by the Center that were reversed by the review 
        panel;
            (4) if ICE charges a fee pursuant to section 4(c)--
                    (A) the amount of the fee;
                    (B) a description of the process to collect the fee 
                and to transfer a percentage of the fee to the 
                jurisdiction that processed the report;
                    (C) the percentage of the fee that is being shared 
                with the jurisdictions, the basis for the percentage 
                determination, and which jurisdictions received a 
                percentage of the fees;
                    (D) how the revenues from the fee have been 
                expended by ICE; and
                    (E) the fee waiver process established pursuant to 
                section 4(c)(4), how many fee waiver requests were 
                received, and how many of those received were granted;
            (5) the results of the annual review process of the use of 
        the Center Sex Offender Guidelines conducted pursuant to 
        section 6(d)(6);
            (6) what immediate actions have been taken, if any, by 
        foreign countries and territories of destination following 
        notification pursuant to section 6(d)(3), to the extent such 
        information is available;
            (7)(A) the number of United States citizens or lawful 
        permanent residents arrested overseas and convicted in the 
        United States for sex offenses, and in each instance--
                    (i) the age of the suspect and the number and age 
                of suspected victims;
                    (ii) the country of arrest;
                    (iii) any prior criminal conviction or reported 
                criminal behavior in the United States;
                    (iv) whether the individual was required to and did 
                report pursuant to section 4; and
                    (v) if the individual reported travel pursuant to 
                section 4 prior to the commission of the crime, whether 
                the individual was deemed not to be a high interest 
                registered sex offender by the Center; and
            (B) for purposes of this paragraph, the term ``sex 
        offense'' means a criminal offense involving sexual conduct 
        against a minor or an adult, including the activities listed in 
        clauses (i) through (viii) in section 3(9)(A);
            (8) which countries have been requested to notify the 
        United States when a United States citizen has been arrested, 
        convicted, sentenced, or completed a prison sentence for a sex 
        offense in that country, and of those countries so requested, 
        which countries have agreed to do so, through either formal or 
        informal agreement;
            (9) any memoranda of understanding or other bilateral 
        agreements that the United States has negotiated with a foreign 
        government to further the purposes of this Act pursuant to 
        section 10(a); and
            (10) recommendations as to how the United States can more 
        fully participate in international law enforcement cooperative 
        efforts to combat child sex exploitation.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act and the amendments made by this Act, there 
are authorized to be appropriated such sums as may be necessary for 
each of the fiscal years 2011 through 2015.
                                                 Union Calendar No. 327

111th CONGRESS

  2d Session

                               H. R. 5138

                      [Report No. 111-568, Part I]

_______________________________________________________________________

                                 A BILL

  To protect children from sexual exploitation by mandating reporting 
  requirements for convicted sex traffickers and other registered sex 
 offenders against minors intending to engage in international travel, 
providing advance notice of intended travel by high interest registered 
   sex offenders outside the United States to the government of the 
 country of destination, requesting foreign governments to notify the 
 United States when a known child sex offender is seeking to enter the 
                 United States, and for other purposes.

_______________________________________________________________________

                             July 27, 2010

             Reported from the Committee on Foreign Affairs

                             July 27, 2010

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
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