IB 

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 


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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. 


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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. 

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 21:00 Jul 27, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5138.RH 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) U.S. Immigration and Customs Enforce20 ment (ICE) has taken a leading role in the fight 

21 against the sexual exploitation of minors abroad, in 

22 cooperation with other United States agencies, law 

23 enforcement from other countries, INTERPOL, and 

24 nongovernmental organizations. In addition to dis25 covering evidence of and investigating child sex 


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1 crimes, ICE has provided training to foreign law en2 forcement and NGOs, as appropriate, for the pre3 vention, detection, and investigation of cases of child 

4 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) The United States is obligated under Arti6 cle 10 of the Optional Protocol to the Convention on 

7 the Rights of the Child on the Sale of Children, 

8 Child Prostitution and Child Pornography to, among 

9 other things, take all necessary steps to strengthen 

10 international cooperation by multilateral, regional, 

11 and bilateral arrangements for the prevention and 

12 detection of those responsible for acts involving the 

13 sale of children, child prostitution, child pornog14 raphy, and child sex tourism. The United States also 

15 is required to promote international cooperation and 

16 coordination between authorities of other States 

17 Parties to the Convention, national and international 

18 nongovernmental organizations and international or19 ganizations to achieve these objectives. 

20 (19) Article 10 of the Optional Protocol to the 

21 Convention on the Rights of the Child on the Sale 

22 of Children, Child Prostitution and Child Pornog23 raphy further mandates that the United States and 

24 other States Parties in a position to do so provide 

25 financial, technical, or other assistance through exVerDate Mar 15 2010 21:00 Jul 27, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5138.RH H5138

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1 isting multilateral, regional, bilateral, or other pro2 grams. 

3 (20) In order to protect children, it is essential 

4 that United States law enforcement be able to iden5 tify high risk child sex offenders in the United 

6 States who are traveling abroad and child sex of7 fenders from other countries entering the United 

8 States. Such identification requires cooperative ef9 forts between the United States and foreign govern10 ments. In exchange for providing notice of sex of11 fenders traveling to the United States, foreign au12 thorities will expect United States authorities to pro13 vide reciprocal notice of sex offenders traveling to 

14 their countries. 

15 (21) ICE and other Federal law enforcement 

16 agencies currently are sharing information about sex 

17 offenders traveling internationally with law enforce18 ment entities in some other countries on an ad hoc 

19 basis through INTERPOL and other means. The 

20 technology to detect and notify foreign governments 

21 about travel by child sex offenders is available, but 

22 a legal structure and additional resources are needed 

23 to systematize and coordinate these detection and 

24 notice efforts. 


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1 (22) Officials from the United Kingdom, Aus2 tralia, Spain, and other countries have expressed in3 terest in working with the United States Govern4 ment for increased international cooperation to pro5 tect children from sexual exploitation, and are call6 ing for formal arrangements to ensure that the risk 

7 posed by traveling sex offenders is combated most 

8 effectively. 

9 (23) The United States, with its international 

10 law enforcement relations, technological and commu11 nications capability, and established sex offender 

12 registry system, should now take the opportunity to 

13 lead the global community in the effort to save thou14 sands of potential child victims by notifying other 

15 countries of travel by sex offenders who pose a high 

16 risk of exploiting children, maintaining information 

17 about sex offenders from the United States who re18 side overseas, and strongly encouraging other coun19 tries to undertake the same measures to protect chil20 dren around the world. 

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

22 this Act and the amendments made by this Act is to pro23 tect children from sexual exploitation by preventing or 

24 monitoring the international travel of sex traffickers and 


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

2 offense against a minor while traveling by— 

3 (1) establishing a system in the United States 

4 to notify the appropriate officials of other countries 

5 when a sex offender who is identified as a high in6 terest registered sex offender intends to travel to 

7 their country; 

8 (2) strongly encouraging and assisting foreign 

9 governments to establish a sex offender travel notifi10 cation system and to inform United States authori11 ties when a sex offender intends to travel or has de12 parted on travel to the United States; 

13 (3) establishing and maintaining non-public sex 

14 offender registries in United States diplomatic and 

15 consular missions in order to maintain critical data 

16 on United States citizen and lawful permanent resi17 dent sex offenders who are residing abroad; 

18 (4) providing the Secretary of State with the 

19 discretion to revoke the passport or passport card of 

20 an individual who has been convicted overseas for a 

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

22 validity of a passport or passport card issued to a 

23 high interest registered sex offender; 

24 (5) including whether a country is investigating 

25 and prosecuting its nationals suspected of engaging 


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1 in severe forms of trafficking in persons abroad in 

2 the minimum standards for the elimination of 

3 human trafficking under section 108 of the Traf4 ficking Victims Protection Act of 2000 (22 U.S.C. 

5 7101 et seq.); 

6 (6) mandating a report from the Secretary of 

7 State, in consultation with the Attorney General, 

8 about the status of international notifications be9 tween governments about child sex offender travel; 

10 and 

11 (7) providing assistance to foreign countries 

12 under section 134 of the Foreign Assistance Act of 

13 1961 (22 U.S.C. 2152d) to establish systems to 

14 identify sex offenders and provide and receive notifi15 cation of child sex offender international travel. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—Except as otherwise provided, the term ‘‘ap20 propriate congressional committees’’ means— 

21 (A) the Committee on Foreign Affairs and 

22 the Committee on the Judiciary of the House of 

23 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 is legally required to register with a jurisdiction. 

9 (9) SEX OFFENSE.— 

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

11 means a criminal offense against a minor, in12 cluding any Federal offense, that is punishable 

13 by statute by more than one year of imprison14 ment and involves any of the following: 

15 (i) Solicitation to engage in sexual 

16 conduct. 

17 (ii) Use in a sexual performance. 

18 (iii) Solicitation to practice prostitu19 tion (whether for financial or other forms 

20 of remuneration). 

21 (iv) Video voyeurism as described in 

22 section 1801 of title 18, United States 

23 Code. 

24 (v) Possession, production, or dis25 tribution of child pornography. 


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1 (vi) Criminal sexual conduct involving 

2 a minor, or the use of the Internet to fa3 cilitate or attempt such conduct. 

4 (vii) Conduct that would violate sec5 tion 1591 (relating to sex trafficking of 

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

7 title 18, United States Code, if the conduct 

8 had involved interstate or foreign com9 merce and where the person recruited, en10 ticed, harbored, transported, provided, or 

11 obtained had not attained the age of 18 

12 years at the time of the conduct. 

13 (viii) Any other conduct that by its 

14 nature is a sex offense against a minor. 

15 (B) EXCEPTIONS.—The term ‘‘sex of16 fense’’ does not include— 

17 (i) a foreign conviction, unless the 

18 conviction was obtained with sufficient 

19 safeguards for fundamental fairness and 

20 due process for the accused; or 

21 (ii) an offense involving consensual 

22 sexual conduct if the victim was at least 13 

23 years old and the offender was not more 

24 than 4 years older than the victim. 


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1 (C) SPECIAL RULE FOR DETERMINING

2 WHETHER SUFFICIENT SAFEGUARDS EXIST.— 

3 For the purposes of subparagraph (B)(i), com4 pliance with the guidelines or regulations estab5 lished under section 112 of the Sex Offender 

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

7 16911) creates a rebuttable presumption that 

8 the conviction was obtained with sufficient safe9 guards for fundamental fairness and due proc10 ess for the accused. 

11 SEC. 4. SEX OFFENDER TRAVEL REPORTING REQUIRE12 MENT. 

13 (a) DUTY TO REPORT.— 

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

15 United States citizen or alien lawfully admitted to 

16 the United States for permanent residence shall no17 tify a jurisdiction where he or she is registered as 

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

19 from the United States to another country or from 

20 another country to the United States, subject to sub21 section (f) and in accordance with the rules issued 

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

23 notice— 

24 (A) not later than 30 days before depar25 ture from or arrival in the United States; or 


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1 (B) in individual cases in which the Center 

2 determines that a personal or humanitarian 

3 emergency, business exigency, or other situation 

4 renders the deadline in subparagraph (A) to be 

5 impracticable or inappropriate, as early as pos6 sible. 

7 (2) TRANSMISSION OF NOTICE FROM THE JU8 RISDICTION TO THE CENTER.—A jurisdiction so no9 tified pursuant to paragraph (1) shall transmit such 

10 notice to the Center within 24 hours or the next 

11 business day, whichever is later, of receiving such 

12 notice. 

13 (3) PERIOD OF REPORTING REQUIREMENT.— 

14 The duty to report required under paragraph (1) 

15 shall take effect on the date that is 425 days after 

16 the date of the enactment of this Act or after a sex 

17 offender has been duly notified of the duty to report 

18 pursuant to subsection (d), whichever is later, and 

19 terminate at such time as the sex offender is no 

20 longer required to register in any jurisdiction for a 

21 sex offense. 

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

23 395 days after the date of the enactment of this Act, 

24 the Center shall provide notice to all jurisdictions of 

25 the requirement to receive notifications regarding 


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1 travel from sex offenders and the means for inform2 ing the Center about such travel notifications pursu3 ant to paragraph (1). 

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

5 year after the date of the enactment of this Act, the Sec6 retary of Homeland Security, in coordination with the At7 torney General and the Secretary of State, shall issue 

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

9 purposes of this Act. Such rules— 

10 (1) shall establish procedures for reporting 

11 under subsection (a), including the method of pay12 ment and transmission of any fee to United States 

13 Immigration and Customs Enforcement (ICE) pur14 suant to subsection (c); 

15 (2) shall set forth the information required to 

16 be reported, including— 

17 (A) complete name(s); 

18 (B) address of residence and home and cel19 lular numbers; 

20 (C) all e-mail addresses; 

21 (D) date of birth; 

22 (E) social security number; 

23 (F) citizenship; 

24 (G) passport or passport card number and 

25 date and place of issuance; 


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1 (H) alien registration number, where appli2 cable; 

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

4 offense conviction; 

5 (J) jurisdiction of conviction; 

6 (K) travel itinerary, including the antici7 pated length of stay at each destination, and 

8 purpose of the trip; 

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

10 transportation has been purchased, prior to the 

11 submission of this information, the date of such 

12 purchase; 

13 (M) whether the sex offender is traveling 

14 alone or as part of a group; and 

15 (N) contact information prior to departure 

16 and during travel; and 

17 (3) in consultation with the jurisdictions, shall 

18 provide appropriate transitional provisions in order 

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

20 practicable. 

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

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

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

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


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1 (2) may be increased thereafter not earlier than 

2 30 days after consultation with the appropriate con3 gressional committees; 

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

5 time that the sex offender provides the notice of in6 tent to travel; 

7 (4) shall be waived if the sex offender dem8 onstrates to the satisfaction of ICE, pursuant to a 

9 fee waiver process established by ICE, that the pay10 ment of such fee would impose an undue financial 

11 hardship on the sex offender; 

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

13 in sections 4, 6, and 7; and 

14 (6) shall be shared equitably with the jurisdic15 tion that processes the notice of intent to travel. 

16 (d) CRIMINAL PENALTY FOR FAILURE TO REGISTER

17 OR REPORT.— 

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

19 United States Code, is amended by adding at the 

20 end the following: 

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

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

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

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


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1 notified of the requirements shall be fined under this title 

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

3 (2) AMENDMENT TO HEADING OF SECTION.— 

4 The heading for section 2250 of title 18, United 

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

6 international travel’’ after ‘‘register’’. 

7 (3) CONFORMING AMENDMENT TO AFFIRMA8 TIVE DEFENSE.—Section 2250(b) of title 18, United 

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

10 ‘‘(a)’’. 

11 (4) CONFORMING AMENDMENT TO FEDERAL

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

13 of title 18, United States Code, is amended by in14 serting ‘‘or (d)’’ after ‘‘(a)’’ each place it appears. 

15 (5) CLERICAL AMENDMENT.—The item relating 

16 to section 2250 in the table of sections at the begin17 ning of chapter 109B of title 18, United States 

18 Code, is amended by inserting ‘‘or report inter19 national travel’’ after ‘‘register’’. 

20 (e) DUTY TO NOTIFY SEX OFFENDERS OF REPORT21 ING AND INTERNATIONAL REGISTRATION REQUIRE22 MENT.— 

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

24 under the law of a jurisdiction or under the rules es25 tablished pursuant to subsection (b) to notify a sex 


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

2 register as a sex offender under the law of such ju3 risdiction, the official shall also, at the same time— 

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

5 duties to report international travel under this 

6 section and to register as a sex offender under 

7 section 5, and the procedure for fulfilling such 

8 duties; and 

9 (B) require such offender to read and sign 

10 a form stating that such duties to report and 

11 register, and the procedure for fulfilling such 

12 duties, have been explained and that such of13 fender understands such duties and such proce14 dure. 

15 (2) SEX OFFENDERS CONVICTED IN FOREIGN

16 COUNTRIES.—When a United States citizen or law17 ful permanent resident is convicted in a foreign 

18 country of a sex offense and the United States diplo19 matic or consular mission in such country is in20 formed of such conviction, such diplomatic or con21 sular mission shall— 

22 (A) notify such sex offender of such of23 fender’s duties to report travel to the United 

24 States and to register as a sex offender under 


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1 this Act and the procedure for fulfilling such 

2 duties; and 

3 (B) require such offender to read and sign 

4 a form stating that such duties to report and 

5 register, and the procedure for fulfilling such 

6 duties, have been explained and that such of7 fender understands such duties and such proce8 dure. 

9 (3) REQUIREMENTS RELATING TO FORM.—The 

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

11 be maintained by the entity that maintains the sex 

12 offender registry in the jurisdiction in which the sex 

13 offender was convicted. 

14 (f) PROCEDURES WITH RESPECT TO SEX OFFEND15 ERS WHO REGULARLY TRANSIT ACROSS THE UNITED

16 STATES BORDERS.— 

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

18 after the date of the enactment of this Act, the Sec19 retary of Homeland Security shall establish a system 

20 for identifying and monitoring, as appropriate and 

21 in accordance with the purposes of this Act, sex of22 fenders who, for legitimate business, personal, or 

23 other reasons regularly transit across the border be24 tween the United States and Mexico or the border 

25 between the United States and Canada. 


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

2 establishment of the border system pursuant to 

3 paragraph (1), the Secretary of Homeland Security 

4 shall transmit to the appropriate congressional com5 mittees a report on the implementation of such sys6 tem. 

7 SEC. 5. FOREIGN REGISTRATION REQUIREMENT FOR SEX 

8 OFFENDERS. 

9 (a) IN GENERAL.—Not later than 395 days after the 

10 date of the enactment of this Act, a designated United 

11 States diplomatic or consular mission in each foreign 

12 country shall establish and maintain a countrywide non13 public sex offender registry for sex offenders (as defined 

14 in section 3(8)) who are United States citizens or aliens 

15 lawfully admitted to the United States for permanent resi16 dence who remain in such country for the time period 

17 specified in subsection (b). Such registry shall include the 

18 information specified in subsection (d). 

19 (b) INTERNATIONAL REGISTRY REQUIREMENT FOR

20 SEX OFFENDERS.— 

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

22 United States citizen or alien lawfully admitted to 

23 the United States for permanent residence— 

24 (A) who remains in a foreign country for 

25 more than 30 consecutive days; or 


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1 (B) who remains in a foreign country for 

2 more than 30 days within a 6-month period, 

3 shall register, and keep such registration current, at 

4 the designated United States diplomatic or consular 

5 mission in such country. 

6 (2) PERIOD OF REGISTRATION REQUIRE7 MENT.—The registration requirement specified in 

8 paragraph (1) shall— 

9 (A) begin when the sex offender registry 

10 has been established at the designated diplo11 matic or consular mission in the country in 

12 which a sex offender is staying and such sex of13 fender has received notice of the requirement to 

14 register pursuant to this section; and 

15 (B) end on the sooner of— 

16 (i) such time as the sex offender de17 parts such country and has provided notice 

18 of all changes of information in the sex of19 fender registry as required under para20 graph (3); 

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

22 United States, such time has elapsed as 

23 the sex offender would have otherwise been 

24 required to register in the jurisdiction of 

25 conviction for the applicable sex offense; or 


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1 (iii) in the case of a foreign convic2 tion, such time as the sex offender would 

3 have otherwise been required to register 

4 under section 115 of the Sex Offender 

5 Registration and Notification Act (42 

6 U.S.C. 16915) for the applicable sex of7 fense. 

8 (3) KEEPING THE REGISTRATION CURRENT.— 

9 Subject to the period of registration requirement 

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

11 days after each change of name, residence, or em12 ployment or student status, or any change in any of 

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

14 a sex offender residing in a foreign country shall no15 tify a United States diplomatic or consular mission 

16 in such country for the purpose of providing infor17 mation relating to such change for inclusion in the 

18 sex offender registry maintained by the designated 

19 diplomatic or consular mission in such country 

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

21 mission is not the mission that maintains the reg22 istry in that country, the mission shall forward the 

23 changed information to the appropriate diplomatic 

24 or consular mission. 


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1 (4) REGISTRATION AND NOTIFICATION PROCE2 DURE.—Not later than one year after the date of 

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

4 consultation with the Attorney General and the Sec5 retary of Homeland Security, shall issue regulations 

6 for the establishment and maintenance of the reg7 istries described in subsection (a), including— 

8 (A) the manner in which sex offenders who 

9 are convicted in a foreign country of a sex of10 fense, whose conviction and presence in the for11 eign country are known by the United States 

12 Government, and who are required to register 

13 pursuant to United States law, including this 

14 Act, will be notified of such requirement; 

15 (B) the manner for registering and chang16 ing information as specified in paragraphs (1) 

17 and (3); 

18 (C) the manner for disclosing information 

19 to eligible entities as specified in subsection 

20 (h)(2); and 

21 (D) a mechanism by which individuals list22 ed on the sex offender registry can notify the 

23 diplomatic or consular mission of any errors 

24 with respect to such listing and by which the 

25 Department of State shall correct such errors. 


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1 (c) CROSS REFERENCE FOR CRIMINAL PENALTIES

2 FOR NONREGISTRATION.—Criminal penalties for nonreg3 istration are provided in section 2250(d) of title 18, 

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

5 of this Act. 

6 (d) INFORMATION REQUIRED IN REGISTRATION.— 

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

8 offender described in subsection (b) shall provide the 

9 following information: 

10 (A) Name (including any alias). 

11 (B) Passport or passport card, and visa 

12 type and number, if applicable. 

13 (C) Alien registration number, where appli14 cable. 

15 (D) Social Security number of the sex of16 fender. 

17 (E) Address of each residence at which the 

18 sex offender resides or will reside in that coun19 try and the address of any residence maintained 

20 in the United States. 

21 (F) Purpose for the sex offender’s resi22 dence in the country. 

23 (G) Name and address of any place where 

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


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1 applied to be an employee and will have regular 

2 contact with minors. 

3 (H) Name and address of any place where 

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

5 applied to be a student and will have regular 

6 contact with minors. 

7 (I) All e-mail addresses. 

8 (J) Most recent address in the United 

9 States and State of legal residence. 

10 (K) The jurisdiction in which the sex of11 fender was convicted and the jurisdiction or ju12 risdictions in which the sex offender was most 

13 recently legally required to register. 

14 (L) The license plate number and a de15 scription of any vehicle owned or operated by 

16 the sex offender. 

17 (M) The date or approximate date when 

18 the sex offender plans to leave the country. 

19 (N) Any other information required by the 

20 Secretary of State. 

21 (2) PROVIDED BY THE ATTORNEY GENERAL

22 AND THE JURISDICTION OF CONVICTION.— 

23 (A) IN GENERAL.—The United States dip24 lomatic or consular mission shall notify the At25 torney General that a sex offender is registering 


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1 with such mission pursuant to subsection (b). 

2 Upon receipt of such notice, the Attorney Gen3 eral shall obtain the information specified in 

4 subparagraph (C) and transmit it to the mis5 sion within 15 business days. 

6 (B) INFORMATION PROVIDED BY THE JU7 RISDICTION OF CONVICTION.—If the only avail8 able source for any of the information specified 

9 in subparagraph (C) is the jurisdiction in which 

10 the conviction of the sex offender occurred, the 

11 Attorney General shall request such information 

12 from the jurisdiction of conviction. The jurisdic13 tion shall provide the information to the Attor14 ney General within 15 business days of receipt 

15 of the request. 

16 (C) INFORMATION.—The information spec17 ified in this subparagraph is the following: 

18 (i) The sex offense history of the sex 

19 offender, including— 

20 (I) the text of the provision of 

21 law defining the sex offense; 

22 (II) the dates of all arrests and 

23 convictions related to sex offenses; 

24 and 


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1 (III) the status of parole, proba2 tion, or supervised release. 

3 (ii) The most recent available photo4 graph of the sex offender. 

5 (iii) The time period for which the sex 

6 offender is required to register pursuant to 

7 the law of the jurisdiction of conviction. 

8 (3) PROVIDED BY THE DIPLOMATIC OR CON9 SULAR MISSION.—The United States diplomatic or 

10 consular mission at which a sex offender registers 

11 shall collect and include the following information in 

12 the registry maintained by such mission: 

13 (A) Information provided pursuant to 

14 paragraphs (1) and (2). 

15 (B) A physical description of the sex of16 fender. 

17 (C) Any other information required by the 

18 Secretary of State. 

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

20 often than every six months, a sex offender who is reg21 istered under subsection (b) shall appear in person at a 

22 United States diplomatic or consular mission in the coun23 try where the sex offender is registered to allow such mis24 sion to take a current photograph of the sex offender and 

25 to verify the information in the sex offender registry mainVerDate Mar 15 2010 21:00 Jul 27, 2010 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5138.RH H5138

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1 tained by the designated diplomatic or consular mission 

2 in such country under subsection (a). If such diplomatic 

3 or consular mission is not the mission that maintains the 

4 registry in such country, such mission shall forward such 

5 photograph and information to the appropriate mission. 

6 (f) TRANSMISSION OF REGISTRY INFORMATION TO

7 THE ATTORNEY GENERAL.—For the purposes of updating 

8 the National Sex Offender Registry and keeping domestic 

9 law enforcement informed as to the status of a sex of10 fender required to register under this section, when a 

11 United States diplomatic or consular mission receives new 

12 or changed information about a sex offender pursuant to 

13 paragraphs (1) and (3) of subsection (b) for the sex of14 fender registry maintained by such mission under sub15 section (a), such mission shall, not later than 24 hours 

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

17 of such new or changed information, transmit to the At18 torney General such new or changed information. Not 

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

20 is later, after the receipt of such new or changed informa21 tion, the Attorney General shall transmit such new or 

22 changed information to the State of legal residence or the 

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

24 offender. 


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1 (g) ACCESS TO REGISTRY INFORMATION BY UNITED

2 STATES LAW ENFORCEMENT.—Federal, State, local, trib3 al, and territorial law enforcement shall be afforded access 

4 for official purposes to all information on a sex offender 

5 registry maintained by a United States diplomatic or con6 sular mission pursuant to subsection (a). 

7 (h) OTHER ACCESS TO REGISTRY INFORMATION.— 

8 (1) IN GENERAL.—Information on a registry es9 tablished pursuant to subsection (a) shall not be 

10 made available to the general public except as pro11 vided in paragraph (2). 

12 (2) EXCEPTION FOR ELIGIBLE ENTITIES.— 

13 (A) IN GENERAL.—An eligible entity de14 scribed in subparagraph (B) may request cer15 tain information on the sex offender registry 

16 maintained by the United States diplomatic or 

17 consular mission in the country where the eligi18 ble entity is located, in accordance with this 

19 paragraph. 

20 (B) ELIGIBLE ENTITIES DESCRIBED.—An 

21 eligible entity referred to in subparagraph (A) 

22 is— 

23 (i) an entity that provides direct serv24 ices to minors; 


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1 (ii) an official law enforcement entity; 

2 or 

3 (iii) an investigative entity that is af4 filiated with an official law enforcement 

5 entity for the purpose of investigating a 

6 possible sex offense. 

7 (C) INFORMATION REQUEST PROCESS.— 

8 An eligible entity may request information on 

9 the sex offender registry from the United States 

10 Government official designated for this purpose 

11 by the head of the diplomatic or consular mis12 sion in which the sex offender registry is main13 tained. The official, in consultation with the 

14 head of such diplomatic or consular mission, 

15 shall have the sole discretion whether and to 

16 what extent to provide information about a par17 ticular registered sex offender on the sex of18 fender registry as designated in subparagraph 

19 (D). Before providing an eligible entity with 

20 such information, the official shall first obtain 

21 from the eligible entity a written certification 

22 that— 

23 (i) the eligible entity shall provide ac24 cess to the information only to the persons 

25 as designated in the certificate who require 


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1 access to such information for the purpose 

2 for which the information is provided; 

3 (ii) the information shall be main4 tained and used by the eligible entity in a 

5 confidential manner for employment or vol6 unteer screening or law enforcement pur7 poses only, as applicable; 

8 (iii) the information may not other9 wise be disclosed to the public either by the 

10 eligible entity or by the employees of the 

11 eligible entity who are provided access; and 

12 (iv) the eligible entity shall destroy 

13 the information or extract it from any doc14 umentation in which it is contained as soon 

15 as the information is no longer needed for 

16 the use for which it was obtained. 

17 (D) INFORMATION TO BE DISCLOSED.— 

18 (i) TO SERVICE PROVIDERS.—An eli19 gible entity described in paragraph (2)(B) 

20 may request necessary and appropriate in21 formation on the registry with respect to 

22 an individual who is listed on the registry 

23 and is applying for or holds a position 

24 within the entity that involves contact with 

25 children. 


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1 (ii) TO LAW ENFORCEMENT AND IN2 VESTIGATIVE ENTITIES.—An eligible entity 

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

4 necessary and appropriate information on 

5 the registry that may assist in the inves6 tigation of an alleged sex offense against a 

7 minor. 

8 (E) FEE CHARGE.—The employing agency 

9 of the designated official who receives the re10 quests for information on the registry may 

11 charge eligible entities a reasonable fee for pro12 viding information pursuant to this subsection. 

13 (F) NOTIFICATION OF POSSIBLE ACCESS

14 TO INFORMATION.—The diplomatic or consular 

15 mission that maintains a sex offender registry 

16 should make a reasonable effort to notify law 

17 enforcement entities and other entities that pro18 vide services to children, particularly schools 

19 that hire foreign teachers, within the country in 

20 which the mission is located of the possibility of 

21 limited access to registry information and the 

22 process for requesting such information as pro23 vided in this subsection. 

24 (G) DENIAL OF ACCESS TO INFORMA25 TION.—An eligible entity that fails to comply 


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1 with the certificate provisions specified in sub2 paragraph (C) may be denied all future access 

3 to information on a sex offender registry at the 

4 discretion of the designated official. 

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

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

7 consular mission determines that a sex offender has failed 

8 to comply with the requirements of this section, such mis9 sion shall notify the Attorney General and revise the sex 

10 offender registry maintained by such mission under sub11 section (a) to reflect the nature of such failure. 

12 (j) FEDERAL ASSISTANCE REGARDING VIOLATIONS

13 OF REGISTRATION REQUIREMENTS.—The first sentence 

14 of subsection (a) of section 142 of the Sex Offender Reg15 istration and Notification Act (Public Law 109–248; 42 

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

17 at the end the following: ‘‘, including under the Inter18 national Megan’s Law of 2010’’. 

19 SEC. 6. INTERNATIONAL SEX OFFENDER TRAVEL CENTER. 

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

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

22 establish the International Sex Offender Travel Center to 

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

24 (b) PARTICIPANTS.—The Center shall include rep25 resentatives from the following departments and agencies: 


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1 (1) The Department of Homeland Security, in2 cluding United States Immigration and Customs 

3 Enforcement, United States Customs and Border 

4 Protection, and the Coast Guard. 

5 (2) The Department of State, including the Of6 fice to Monitor and Combat Trafficking in Persons, 

7 the Bureau of Consular Affairs, the Bureau of Inter8 national Narcotics and Law Enforcement Affairs, 

9 and the Bureau of Diplomatic Security. 

10 (3) The Department of Justice, including the 

11 Interpol-United States National Central Bureau, the 

12 Federal Bureau of Investigation, the Office of Sex 

13 Offender Sentencing, Monitoring, Apprehending, 

14 Registering and Tracking, the Criminal Division 

15 Child Exploitation and Obscenity Section, and the 

16 United States Marshals Service’s National Sex Of17 fender Targeting Center. 

18 (4) Such other officials as may be determined 

19 by the President. 

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

21 Assistant Secretary of Homeland Security for United 

22 States Immigration and Customs Enforcement. 

23 (d) ACTIVITIES.—The Center shall carry out the fol24 lowing activities: 


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1 (1) Prior to the implementation of the sex of2 fender travel reporting requirement under section 4, 

3 cooperate with each jurisdiction to implement the 

4 means for transmitting travel reports from that ju5 risdiction to the Center. 

6 (2) Prior to the implementation of the sex of7 fender travel reporting system under section 4, offer 

8 to provide training to officials within each jurisdic9 tion who will be responsible for implementing any 

10 aspect of such system. 

11 (3) Establish a means to receive, assess, and re12 spond to an inquiry from a sex offender as to wheth13 er he or she is required to report international travel 

14 pursuant to this Act. 

15 (4) Conduct assessments of sex offender travel 

16 pursuant to section 7. 

17 (5) Establish a panel to review and respond 

18 within seven days to appeals from sex offenders who 

19 are determined to be high interest registered sex of20 fenders. The panel shall consist of individuals who 

21 are not involved in the initial assessment of high in22 terest registered sex offenders, and shall be from the 

23 following agencies: 

24 (A) The Department of Justice. 

25 (B) The Department of State. 


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1 (C) The Office for Civil Rights and Civil 

2 Liberties of the Department of Homeland Secu3 rity. 

4 (6) Transmit notice of impending or current 

5 international travel of high interest registered sex of6 fenders to the Secretary of State, together with an 

7 advisory regarding whether or not the period of va8 lidity of the passport or passport card of the high 

9 interest registered sex offender should be limited to 

10 one year or such period of time as the Secretary of 

11 State shall determine appropriate. 

12 (7) Establish a system to maintain and archive 

13 all relevant information related to the assessments 

14 conducted pursuant to paragraph (4) and the review 

15 of appeals conducted by the panel established pursu16 ant to paragraph (5). 

17 (8) Establish an annual review process to en18 sure that the Center Sex Offender Travel Guidelines 

19 issued pursuant to section 7(a) are being consist20 ently and appropriately implemented. 

21 (9) Establish a means to identify sex offenders 

22 who have not reported travel as required under sec23 tion 4 and who are initiating travel, currently trav24 eling, or have traveled outside the United States. 


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1 (e) ADDITIONAL ACTIVITY RELATED TO TRANS2 MISSION OF NOTICE.—The Center may, in its sole discre3 tion, transmit notice of impending or current international 

4 travel of high interest registered sex offenders to the coun5 try or countries of destination of such sex offenders as 

6 follows: 

7 (1) If a high interest registered sex offender 

8 submits an appeal to the panel established pursuant 

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

10 to the destination country prior to the completion of 

11 the appeal review process, including transmission of 

12 the panel’s decision to the sex offender. 

13 (2) The notice may be transmitted through 

14 such means as determined appropriate by the Cen15 ter, including through an ICE attache ́, INTERPOL, 

16 or such other appropriate means as determined by 

17 the Center. 

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

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

20 well-being of the high interest registered sex of21 fender, the Center shall make every reasonable effort 

22 to issue a warning to the high interest registered sex 

23 offender of such risk prior to the transmission of 

24 such notice to the country or countries. 


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1 (f) CONSULTATIONS.—The Center shall engage in on2 going consultations with— 

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

4 and other nongovernmental organizations that have 

5 experience and expertise in identifying and pre6 venting child sex tourism and rescuing and rehabili7 tating minor victims of international sexual exploi8 tation; 

9 (2) the governments of countries interested in 

10 cooperating in the creation of an international sex 

11 offender travel notification system or that are pri12 mary destination or source countries for inter13 national sex tourism; and 

14 (3) Internet service and software providers re15 garding available and potential technology to facili16 tate the implementation of an international sex of17 fender travel notification system, both in the United 

18 States and in other countries. 

19 (g) TECHNICAL ASSISTANCE.—The Secretary of 

20 Homeland Security and the Secretary of State may pro21 vide technical assistance to foreign authorities in order to 

22 enable such authorities to participate more effectively in 

23 the notification program system established under this 

24 section. 


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1 SEC. 7. CENTER SEX OFFENDER TRAVEL GUIDELINES. 

2 (a) ISSUANCE OF CENTER SEX OFFENDER TRAVEL

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

4 the enactment of this Act, the Center shall issue the Cen5 ter Sex Offender Travel Guidelines for the assessment of 

6 sex offenders— 

7 (1) who report international travel from the 

8 United States to another country pursuant to sec9 tion 4(a), or 

10 (2) whose travel is reported pursuant to sub11 section (b), 

12 for purposes of determining whether such sex offenders 

13 are considered high interest registered sex offenders by 

14 United States law enforcement. 

15 (b) LAW ENFORCEMENT NOTIFICATION.— 

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

17 or territorial law enforcement entities or officials 

18 from within the United States who have reasonable 

19 grounds to believe that a sex offender is traveling 

20 outside the United States and may engage in a sex 

21 offense against a minor may notify the Center and 

22 provide as much information as practicable in ac23 cordance with section 4(b)(2). 

24 (2) NOTICE TO LAW ENFORCEMENT ENTI25 TIES.—Not later than 425 days after the date of the 

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1 tice to all known, official law enforcement entities 

2 within the United States of the possibility of noti3 fying the Center of anticipated international travel 

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

5 (c) TRAVEL REPORT RECEIPT CONFIRMATION.— 

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

7 before the date of departure indicated in the sex of8 fender travel report, the Center shall provide the sex 

9 offender with written confirmation of receipt of the 

10 travel report. The written communication shall in11 clude the following information: 

12 (A) The sex offender should have the writ13 ten communication in his or her possession at 

14 the time of departure from or return to the 

15 United States. 

16 (B) The written communication is suffi17 cient proof of satisfactory compliance with the 

18 travel reporting requirement under this Act if 

19 travel is commenced and completed within seven 

20 days before or after the dates of travel indi21 cated in the travel report. 

22 (C) The procedure that the sex offender 

23 may follow to request a change, at the sole dis24 cretion of the Center, of the time period covered 

25 by the written confirmation in the event of an 


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1 emergency or other unforeseen circumstances 

2 that prevent the sex offender from traveling 

3 within seven days of the dates specified in the 

4 sex offender’s travel report. 

5 (D) The requirement to register with a 

6 United States diplomatic or consular mission if 

7 the sex offender remains in a foreign country 

8 for more than 30 consecutive days or for more 

9 than 30 days within a 6-month period pursuant 

10 to section 5. 

11 (E) Any additional information that the 

12 Center, in its sole discretion, determines nec13 essary or appropriate. 

14 (2) DEPARTURE FROM THE UNITED STATES.— 

15 If the sex offender is traveling from the United 

16 States, the written communication shall indicate, in 

17 addition to the information specified in paragraph 

18 (1), either— 

19 (A) that the destination country or coun20 tries indicated in the travel report are not being 

21 notified of the sex offender’s travel; or 

22 (B)(i) that such country or countries are 

23 being notified that the sex offender is a high in24 terest registered sex offender and intends to 

25 travel to such countries; and 


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1 (ii) that a review of such notification is 

2 available by the panel established pursuant to 

3 section 6(d)(5), together with an explanation of 

4 the process for requesting such a review, includ5 ing the means for submitting additional infor6 mation that may refute the Center’s determina7 tion that the sex offender is a high interest reg8 istered sex offender. 

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

10 the Center Sex Offender Travel Guidelines under sub11 section (a), the Center shall submit to the appropriate con12 gressional committees a report containing the guidelines 

13 in a manner consistent with the protection of law enforce14 ment-sensitive information. 

15 SEC. 8. AUTHORITY TO RESTRICT PASSPORTS. 

16 (a) IN GENERAL.—The Secretary of State is author17 ized to— 

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

19 individual who has been convicted by a court of com20 petent jurisdiction in a foreign country of a sex of21 fense until such time as the individual returns to the 

22 United States and is determined eligible for the 

23 reissuance of such passport or passport card, as the 

24 case may be; and 


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

2 the Secretary of State shall determine appropriate 

3 the period of validity of a passport or passport card 

4 issued to a high interest registered sex offender. 

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

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

7 States citizen be precluded from entering the United 

8 States. The Secretary of State may, prior to revocation, 

9 limit a previously issued passport or passport card only 

10 for return travel to the United States, or may issue a lim11 ited passport or passport card that only permits return 

12 travel to the United States. 

13 SEC. 9. IMMUNITY FOR GOOD FAITH CONDUCT. 

14 The Federal Government, jurisdictions, political sub15 divisions of jurisdictions, and their agencies, officers, em16 ployees, and agents shall be immune from liability for good 

17 faith conduct under this Act. 

18 SEC. 10. SENSE OF CONGRESS PROVISIONS. 

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

20 Congress that the President should negotiate memoranda 

21 of understanding or other bilateral agreements with for22 eign governments to further the purposes of this Act and 

23 the amendments made by this Act, including by— 

24 (1) establishing systems to receive and transmit 

25 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(e), 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(f) 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) if ICE charges a fee pursuant to section 

10 4(c)— 

11 (A) the amount of the fee; 

12 (B) a description of the process to collect 

13 the fee and to transfer a percentage of the fee 

14 to the jurisdiction that processed the report; 

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

16 shared with the jurisdictions, the basis for the 

17 percentage determination, and which jurisdic18 tions received a percentage of the fees; 

19 (D) how the revenues from the fee have 

20 been expended by ICE; and 

21 (E) the fee waiver process established pur22 suant to section 4(c)(4), how many fee waiver 

23 requests were received, and how many of those 

24 received were granted; 


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1 (5) the results of the annual review process of 

2 the use of the Center Sex Offender Guidelines con3 ducted pursuant to section 6(d)(6); 

4 (6) what immediate actions have been taken, if 

5 any, by foreign countries and territories of destina6 tion following notification pursuant to section 

7 6(d)(3), to the extent such information is available; 

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

9 lawful permanent residents arrested overseas and 

10 convicted in the United States for sex offenses, and 

11 in each instance— 

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

13 and age of suspected victims; 

14 (ii) the country of arrest; 

15 (iii) any prior criminal conviction or re16 ported criminal behavior in the United States; 

17 (iv) whether the individual was required to 

18 and did report pursuant to section 4; and 

19 (v) if the individual reported travel pursu20 ant to section 4 prior to the commission of the 

21 crime, whether the individual was deemed not 

22 to be a high interest registered sex offender by 

23 the Center; and 

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

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


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1 sexual conduct against a minor or an adult, includ2 ing the activities listed in clauses (i) through (viii) 

3 in section 3(9)(A); 

4 (8) which countries have been requested to no5 tify the United States when a United States citizen 

6 has been arrested, convicted, sentenced, or com7 pleted a prison sentence for a sex offense in that 

8 country, and of those countries so requested, which 

9 countries have agreed to do so, through either for10 mal or informal agreement; 

11 (9) any memoranda of understanding or other 

12 bilateral agreements that the United States has ne13 gotiated with a foreign government to further the 

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

15 (10) recommendations as to how the United 

16 States can more fully participate in international law 

17 enforcement cooperative efforts to combat child sex 

18 exploitation. 

19 SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 

20 To carry out this Act and the amendments made by 

21 this Act, there are authorized to be appropriated such 

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

23 through 2015. 


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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 

enter the United States, and for other purposes. when a known child sex offender is seeking to foreign governments to notify the United States ment of the country of destination, requesting fenders outside the United States to the governtended travel by high interest registered sex ofnational travel, providing advance notice of inagainst minors intending to engage in intersex traffickers and other registered sex offenders mandating reporting requirements for convicted 

JULY 27, 2010 

Reported from the Committee on Foreign Affairs 

JULY 27, 2010 

Committee on the Judiciary discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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