(This measure has not been amended since it was passed by the House on May 20, 2014. The summary of that version is repeated here.)
International Megan's Law to Prevent Demand for Child Sex Trafficking - (Sec. 4) Directs the Secretary of Homeland Security (DHS) to establish within the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement (ICE) the Angel Watch Center, which shall: (1) receive information on travel by child-sex offenders; (2) establish a system to maintain and archive all relevant information, including decisions not to transmit notification abroad and responses of destination countries to notifications; (3) establish an annual review process to ensure that the Center is consistent in procedures regarding providing notification to destination countries; and (4) establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries.
Authorizes the Center to transmit notice to a destination country (including to such country's visa-issuing agents in the United States) of impending or current international travel of a child-sex offender to such country. Requires the Secretary, in conjunction with any appropriate agency, if the Center transmits such notice to a destination country, to make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to such offender's arrival in such country, except when such constructive notice would conflict with an existing investigation involving the offender. Requires the Center to make reasonable efforts to provide constructive notice to such offender if the Center has reason to believe that transmitting notice to a destination country: (1) poses a risk to the life or well-being of the offender, or (2) is highly likely to result in the destination country denying entry to the offender. Terminates the authority of the Center to transmit such notice of international travel of a child-sex offender as of the close of the last day of the registration period of such offender under the Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act).
Directs the Center to establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries.
Requires the Center to engage in ongoing consultations with: (1) nongovernmental organizations that have experience in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking, (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 technology to facilitate the implementation of an international sex offender travel notification system in the United States and in other countries.
Authorizes the Secretary of Homeland Security and the Secretary of State to provide technical assistance to enable foreign authorities to participate more effectively in the notification program system.
(Sec. 5) Expresses the sense of Congress that the President should: (1) negotiate bilateral agreements with foreign governments to further the purposes of this Act; and (2) formally request foreign governments to notify the United States when a U.S. citizen has been arrested, convicted, or sentenced or has completed a prison sentence for a child-sex offense in the foreign country.
(Sec. 6) Amends the Trafficking Victims Protection Act of 2000 to include, as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, a country's cooperation with other governments in the investigation and prosecution of such trafficking, including trafficking related to sex tourism.
(Sec. 7) Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying sex offenders and providing and receiving notification of child sex offender international travel.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4573 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4573
To protect children from exploitation, especially sex trafficking in
tourism, by providing advance notice of intended travel by registered
child-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
May 6, 2014
Mr. Smith of New Jersey (for himself, Mrs. Ellmers, and Mr. Wolf)
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
_______________________________________________________________________
A BILL
To protect children from exploitation, especially sex trafficking in
tourism, by providing advance notice of intended travel by registered
child-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 to Prevent Demand for Child Sex Trafficking''.
(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.
Sec. 3. Definitions.
Sec. 4. Angel Watch Center.
Sec. 5. Authority to restrict passports.
Sec. 6. Sense of Congress provisions.
Sec. 7. Enhancing the minimum standards for the elimination of
trafficking.
Sec. 8. Assistance to foreign countries to meet minimum standards for
the elimination of trafficking.
Sec. 9. Rules of construction.
SEC. 2. 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) Law enforcement reports indicate that known child-sex
offenders are traveling internationally, and that the criminal
background of such individuals may not be known to local law
enforcement prior to their arrival.
(4) The commercial sexual exploitation of minors in child
sex trafficking and pornography is a global phenomenon. The
International Labour Organization has estimated that 1.8
million children worldwide are victims of child sex trafficking
and pornography each year.
(5) Child sex tourism, where an individual travels to a
foreign country and engages in sexual activity with a child in
that country, is a form of child exploitation and, where
commercial, child sex trafficking.
(6) 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.
(7) In order to protect children, it is essential that
United States law enforcement be able to identify 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 child-sex offenders traveling to the
United States, foreign authorities will expect United States
authorities to provide reciprocal notice of child-sex offenders
traveling to their countries.
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, the Committee
on the Judiciary, and the Committee on Homeland
Security of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Homeland Security and Governmental Affairs of the
Senate.
(2) Center.--The term ``Center'' means the Angel Watch
Center established pursuant to section 4(a).
(3) Child-sex offender.--
(A) In general.--The term ``child-sex offender''
means a sex offender described in paragraph (2), (3),
or (4) of section 111 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16911) who
is convicted of a child-sex offense.
(B) Definition of convicted.--In this paragraph,
the term ``convicted'' has the meaning given the term
in paragraph (8) of section 111 of such Act.
(4) Child-sex offense.--
(A) In general.--The term ``child-sex offense''
means a specified offense against a minor as defined in
paragraph (7) of section 111 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16911),
including--
(i) an offense (unless committed by a
parent or guardian) involving kidnapping;
(ii) an offense (unless committed by a
parent or guardian) involving false
imprisonment;
(iii) solicitation to engage in sexual
conduct;
(iv) use in a sexual performance;
(v) solicitation to practice prostitution;
(vi) video voyeurism as described in
section 1801 of title 18, United States Code;
(vii) possession, production, or
distribution of child pornography;
(viii) criminal sexual conduct involving a
minor, or the use of the Internet to facilitate
or attempt such conduct; and
(ix) any conduct that by its nature is a
sex offense against a minor.
(B) Foreign convictions.--A foreign conviction is
not a child-sex offense for purposes of this Act to the
same extent and in the same manner as a foreign
conviction is not a sex offense for purposes of the
Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16911) as described in section 111(5)(B) of such
Act.
(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) To the extent provided in, and subject to the
requirements of, section 127 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16927), a
federally recognized Indian tribe.
(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).
SEC. 4. ANGEL WATCH CENTER.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish within the Child Exploitation Investigations Unit of United
States Immigration and Customs Enforcement (ICE) of the Department of
Homeland Security a Center, to be known as the ``Angel Watch Center'',
to carry out the activities specified in subsection (d).
(b) Leadership.--The Center shall be headed by the Director of ICE,
in collaboration with the Commissioner of United States Customs and
Border Protection (CBP) and in consultation with the Attorney General.
(c) Members.--The Center shall consist of the following:
(1) The Director of ICE.
(2) The Commissioner of CBP.
(3) Individuals who are designated as analysts in ICE or
CBP.
(4) Individuals who are designated as program managers in
ICE or CBP.
(d) Activities.--
(1) In general.--The Center shall carry out the following
activities:
(A) Receive information on travel by child-sex
offenders.
(B) Transmit notice of impending or current
international travel by child-sex offenders to the
Secretary of State, accompanied by an advisory
regarding whether or not the period of validity of the
passport of the child-sex offender should be limited to
one year or such period of time as the Secretary of
State shall determine appropriate.
(C) Establish a system to maintain and archive all
relevant information, including the response of
destination countries to notifications under subsection
(e) where available, and decisions not to transmit
notification abroad.
(D) Establish an annual review process to ensure
that the Center is consistent in procedures to provide
notification to destination countries or not to provide
notification to destination countries, as appropriate.
(2) Information required.--The United States Marshals
Service's National Sex Offender Targeting Office shall make
available to the Center information on travel by child-sex
offenders in a timely manner for purposes of carrying out the
activities described in paragraph (1) and subsection (e).
(e) Additional Activity Related to Transmission of Notice.--
(1) In general.--The Center may transmit notice of
impending or current international travel of child-sex
offenders to the country or countries of destination of such
child-sex offenders, including to the visa-issuing agent or
agents in the United States of such country or countries, as
follows:
(A) The notice may be transmitted through such
means as determined appropriate by the Center,
including through an ICE attache.
(B) If the Center has reason to believe that
transmission of the notice poses a risk to the life or
well-being of the child-sex offender, the Center shall
make every reasonable effort to issue a warning to the
child-sex offender of such risk.
(2) Sunset.--The authority of paragraph (1) shall terminate
with respect to a child-sex offender beginning as of the close
of the last day of the registration period of such child-sex
offender under section 115 of the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16915).
(f) Complaint Review.--The Center shall establish a mechanism to
receive complaints from child-sex offenders affected by notifications
of destination countries of such child-sex offenders under subsection
(e).
(g) Consultations.--The Center shall seek to engage in ongoing
consultations with--
(1) nongovernmental organizations, including faith-based
organizations, that have experience and expertise in
identifying and preventing child sex tourism and rescuing and
rehabilitating minor victims of international sexual
exploitation and trafficking;
(2) the governments of countries interested in cooperating
in the creation of an international sex offender travel
notification system or that are primary destination or source
countries for international sex tourism; and
(3) Internet service and software providers regarding
available and potential technology to facilitate the
implementation of an international sex offender travel
notification system, both in the United States and in other
countries.
(h) Technical Assistance.--The Secretary of Homeland Security and
the Secretary of State may provide technical assistance to foreign
authorities in order to enable such authorities to participate more
effectively in the notification program system established under this
section.
SEC. 5. AUTHORITY TO RESTRICT PASSPORTS.
(a) In General.--The Secretary of State is authorized to--
(1) limit to 1 year or such period of time as the Secretary
of State shall determine appropriate the period of validity of
a passport issued to a child-sex offender; and
(2) 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 child-sex offense.
(b) Limitation for Return to United States.--Notwithstanding
subsection (a), in no case shall a United States citizen convicted by a
court of competent jurisdiction in a foreign country of a child-sex
offense be precluded from entering the United States due to a passport
revocation under such subsection.
(c) Reapplication.--An individual whose passport or passport card
was revoked pursuant to subsection (a)(2) may reapply for a passport or
a passport card at any time after such individual has returned to the
United States.
(d) Time Limitation.--The time limitation on validity or revocation
of a passport or passport card under subsection (a) may not exceed the
applicable registration period for the child-sex offender to register
pursuant to section 115 of the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16915).
SEC. 6. 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 title I of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.); and
(2) 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) Notification to the United States of Child-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 States citizen has been arrested, convicted, sentenced,
or completed a prison sentence for a child-sex offense in the foreign
country.
SEC. 7. 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. 8. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR
THE ELIMINATION OF TRAFFICKING.
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.
SEC. 9. RULES OF CONSTRUCTION.
(a) Department of Justice.--Nothing in this Act shall be construed
to preclude or alter the jurisdiction or authority of the Department of
Justice under the Adam Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16901 et seq.) or any other provision law, or to affect the
work of the United States Marshals Service with INTERPOL.
(b) Angel Watch Center.--Nothing in this Act shall be construed to
preclude the Angel Watch Center from transmitting notice on sex
offenders as defined in section 111 of the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16911).
<all>
Introduced in House
Introduced in House
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.
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.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by Unanimous Consent.
Mr. Royce moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4529-4534)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4573.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H4529-4531)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4529-4531)
Received in the Senate.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported without amendment favorably.
Committee on Foreign Relations. Reported by Senator Menendez without amendment. Without written report.
Committee on Foreign Relations. Reported by Senator Menendez without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 645.