109th Congress

July 27, 2006

119 Stat.

___________________

H.R.4472

An Act

To protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.

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

NOTE:     This Public Law has been modified on I-LINK to only include Title IV pertaining to Immigration Law Reforms to Prevent Sex Offenders from Abusing Children

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Adam Walsh Child Protection and Safety Act of 2006'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. In recognition of John and Reve Walsh on the occasion of the 25th anniversary of Adam Walsh's abduction and murder.

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING CHILDREN

Sec. 401. Failure to register a deportable offense.

Sec. 402. Barring convicted sex offenders from having family-based petitions approved.

TITLE IV--IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING CHILDREN

SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.

Section 237(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is amended--

(1) by redesignating clause (v) as clause (vi); and

(2) by inserting after clause (iv) the following new clause:

`(v) FAILURE TO REGISTER AS A SEX OFFENDER- Any alien who is convicted under section 2250 of title 18, United States Code, is deportable.'.

SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED PETITIONS APPROVED.

(a) Immigrant Family Members- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is amended--

(1) in subparagraph (A)(i), by striking `Any' and inserting `Except as provided in clause (viii), any';

(2) in subparagraph (A), by inserting after clause (vii) the following:

`(viii)(I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed.

`(II) For purposes of subclause (I), the term `specified offense against a minor' is defined as in section 111 of the Adam Walsh Child Protection and Safety Act of 2006.'; and

(3) in subparagraph (B)(i)--

(A) by striking `(B)(i) Any alien' and inserting the following: `(B)(i)(I) Except as provided in subclause (II), any alien'; and

(B) by adding at the end the following:

`(I) Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that such person poses no risk to the alien with respect to whom a petition described in subclause (I) is filed.'.

(b) Nonimmigrants- Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)), is amended by inserting `(other than a citizen described in section 204(a)(1)(A)(viii)(I))' after `citizen of the United States' each place that phrase appears.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.