HR 5722 IHCommentsClose CommentsPermalink

To mandate reporting requirements for convicted sex traffickers and other sex offenders intending to engage in international travel, to provide advance notice of convicted sex offenders who intend to travel outside the United States to the government of the country of destination, to prevent entry into the United States by any foreign sex offender, and for other purposes.CommentsClose CommentsPermalink

April 8, 2008

Mr. SMITH of New Jersey (for himself, Mr. PAYNE, Mr. FORTENBERRY, Mr. PITTS, Mr. WOLF, Mrs. DRAKE, Ms. ROS-LEHTINEN, Mr. CHABOT, and Mr. WILSON of South Carolina) 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 concernedCommentsClose CommentsPermalink

To mandate reporting requirements for convicted sex traffickers and other sex offenders intending to engage in international travel, to provide advance notice of convicted sex offenders who intend to travel outside the United States to the government of the country of destination, to prevent entry into the United States by any foreign sex offender, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `International Megan's Law of 2008'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(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 who had been convicted previously of a sex offense.CommentsClose CommentsPermalink





(2) In 1996, Congress adopted Megan's Law (Public Law 104-145) as a means to encourage States to inform the public of sex offenders who had been convicted and are present in their communities.CommentsClose CommentsPermalink





(3) In 2006, Congress adopted the Sex Offender Registration and Notification Act (title I of Public Law 109-248), which further strengthens the national standards for sex offender registration and public notification.CommentsClose CommentsPermalink





(4) Since 2003, U.S. Immigration and Customs Enforcement has made nearly 11,000 arrests, including over 9,100 arrests of non-United States citizens, of persons suspected of illegally exploiting children. Violations include child pornography, child sex tourism and facilitators, and trafficking of minors.CommentsClose CommentsPermalink





(5) It is estimated that more than 2 million children are exploited each year in the global commercial sex trade.CommentsClose CommentsPermalink





(b) Declaration of Purposes- The purposes of this Act and the amendments made by this Act are to prevent the international travel of sex traffickers and other sex offenders who intend to commit a sexual offense by--CommentsClose CommentsPermalink





(1) expanding access to information about known sex offenders in the United States who intend to travel outside the United States;CommentsClose CommentsPermalink





(2) ensuring that foreign nationals who have committed a sex offense are denied entry into the United States;CommentsClose CommentsPermalink





(3) including information in the annual report to Congress required by section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) regarding the establishment of systems to identify and provide notice of international travel by sex offenders to destination countries; andCommentsClose CommentsPermalink





(4) providing assistance to foreign countries under the Foreign Assistance Act of 1961 to meet the requirements described in paragraph (3).CommentsClose CommentsPermalink

SEC. 3. SEX OFFENDER TRAVEL REPORTING REQUIREMENT.

(a) Duty To Report- An individual who is required to register pursuant to section 113 of the Sex Offender Registration and Notification Act shall notify an appropriate jurisdiction or jurisdictions in conformity with the rules issued under subsection (b) not later than 21 days before departure to or arrival from a foreign place. A jurisdiction so notified shall promptly inform the Secretary of Homeland Security and the Attorney General.CommentsClose CommentsPermalink





(b) Rules for Reporting- Not later than 90 days after the enactment of this Act, the Secretary of Homeland Security and the Attorney General shall make rules to carry out subsection (a) in the light of the purposes of this Act. Such rules--CommentsClose CommentsPermalink





(1) shall establish procedures for reporting under subsection (a);CommentsClose CommentsPermalink





(2) shall set forth the information required to be reported; andCommentsClose CommentsPermalink





(3) may provide for appropriate alternative reporting in situations, such as emergencies, where the requirement of subsection (a) is impracticable or inappropriate.CommentsClose CommentsPermalink





(c) Criminal Penalty for Failure To Report-CommentsClose CommentsPermalink





(1) NEW OFFENSE- Section 2250 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) Whoever knowingly fails to report his or her travel to or from a foreign place as required by the International Megan's Law of 2007 shall be fined under this title or imprisoned not more than 10 years, or both.'.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT TO AFFIRMATIVE DEFENSE- Section 2250(b) of title 18, United States Code, is amended by inserting `or (d)' after `(a)'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(d) Duty To Notify Sex Offenders of Reporting Requirement- When an official is required under the Sex Offender Registration and Notification Act to notify an offender of a duty to register under that Act, the official shall also, at the same time--CommentsClose CommentsPermalink





(1) notify that offender of that offender's duty to report under this section and the procedure for fulfilling that duty; andCommentsClose CommentsPermalink





(2) require the offender to read and sign a form stating that the duty to report and the procedure for reporting has been explained and that the offender understands the reporting requirement.CommentsClose CommentsPermalink

SEC. 4. NOTIFICATION TO FOREIGN AUTHORITIES OF INTERNATIONAL TRAVEL BY SEX OFFENDERS.

(a) In General- In order to protect children and others and prevent sex trafficking, the Secretary of Homeland Security shall establish a system in consultation with the Attorney General and the Secretary of State whereby the appropriate authorities in relevant foreign countries or territories are notified in a timely manner about travel outside the United States by persons required to register under the Sex Offender Registration and Notification Act and to report pursuant to section 3 of this Act.CommentsClose CommentsPermalink





(b) Foreign Authorities To Be Given Sufficient Information- Each foreign authority notified under subsection (a) shall be given sufficient identifying information so as to be able to properly identify and track the registered individual.CommentsClose CommentsPermalink





(c) Technical Assistance- 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 established under this section.CommentsClose CommentsPermalink

SEC. 5. IMMIGRATION LAW REFORM TO PREVENT ADMISSION OF SEX OFFENDERS TO THE UNITED STATES.

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.1182(a)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(J) SEX OFFENDERS- Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (title I of Public Law 109-248)) is inadmissible.'.CommentsClose CommentsPermalink

SEC. 6. ANNUAL REPORT ON STATUS OF SEVERE FORMS OF TRAFFICKING IN PERSONS AND IMPLEMENTATION ASSESSMENT.

(a) In General- Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (C), by striking `and' at the end;CommentsClose CommentsPermalink





(2) by redesignating subparagraph (D) as subparagraph (E); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink





`(D)(i) a list of those countries that have established a system--CommentsClose CommentsPermalink





`(I) to identify sex offenders (as defined for purposes of the Sex Offender Registration and Notification Act (title I of Public Law 109-248; 42 U.S.C. 16911)) traveling to the United States or any other country; andCommentsClose CommentsPermalink





`(II) to notify the United States or the other country of--CommentsClose CommentsPermalink





`(aa) the identity of the individual,CommentsClose CommentsPermalink





`(bb) the nature of the sex offense for which the individual was convicted, andCommentsClose CommentsPermalink





`(cc) the anticipated manner, date, and time of the individual's arrival in the United States or the other country,CommentsClose CommentsPermalink





prior to the individual's travel;CommentsClose CommentsPermalink





`(ii) a list of those countries that are making substantial progress in establishing a system pursuant to clause (i), and the estimated time of completion;CommentsClose CommentsPermalink





`(iii) a list of those countries that do not have and are not making substantial progress in establishing a system pursuant to clause (i); andCommentsClose CommentsPermalink





`(iv) an assessment as to the progress made and difficulties that exist in establishing a system pursuant to clause (i) on a global scale, and the extent of inter-country cooperation with respect to sex offender travel notifications; and'.CommentsClose CommentsPermalink





(b) Assessment Required- Not later than two years after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees an assessment based on the information provided pursuant to subparagraph (D) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1) (as added by subsection (a) of this section), as to how an amendment to section 108(a) of such Act (22 U.S.C. 7106(a)) to include the establishment of a system described in subparagraph (D) of section 110(b)(1) of such Act (as added by subsection (a) of this section) would facilitate and contribute to advancing the establishment of such a system on a global scale.CommentsClose CommentsPermalink





(c) Appropriate Congressional Committees Defined- For purposes of subsection (b), the term `appropriate congressional committees' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 7. 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 designed to establish systems to identify and provide notification of sex offenders traveling to the United States or any other country.CommentsClose CommentsPermalink





(b) Definition- In this section, the term `sex offender' has the meaning given the term for purposes of the Sex Offender Registration and Notification Act (title I of Public Law 109-248; 42 U.S.C. 16911)).CommentsClose CommentsPermalink

SEC. 8. CONGRESSIONAL REPORT.

(a) Report Required- Not later than one year after the enactment of this Act and every year for 4 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act, including--CommentsClose CommentsPermalink





(1) the number of sex offenders who report travel to or from a foreign place pursuant to section 3(a) of this Act;CommentsClose CommentsPermalink





(2) the number of sex offenders prosecuted and convicted for failing to report travel to or from a foreign place pursuant to section 3(a) of this Act; andCommentsClose CommentsPermalink





(3) what actions have been taken, if any, by foreign countries and territories of destination following notification pursuant to section 4 of this Act.CommentsClose CommentsPermalink





(b) Appropriate Congressional Committees Defined- For purposes of subsection (a), the term `appropriate congressional committees' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 9. 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 2009 through 2013.CommentsClose CommentsPermalink