United States Government Accountability Office

GAO

Report to the Committee on Finance,
U.S. Senate

June 2010

PASSPORT
ISSUANCE
Current Situation
Results in Thousands
of Passports Issued to
Registered Sex
Offenders

This Report Is Temporarily Restricted Pending
Official Public Release.

GAO-10-643

June 2010

PASSPORT ISSUANCE
Accountability Integrity Reliability

Highlights

Current Situation Results in Thousands of Passports
Issued to Registered Sex Offenders

Highlights of GAO-10-643, a report to the
Committee on Finance, U.S. Senate

Why GAO Did This Study

What GAO Found

A U.S. passport allows the owner to
travel freely both in and out of the
country. Although passport
recipients typically travel
internationally for business or
leisure, some passport recipients
are using their passports to commit
nefarious illegal activities outside
this country. Specifically, the
Department of Justice (DOJ) has
documented cases of U.S. passport
holders engaging in sex acts with
children in foreign countries.
Federal statutes authorize the
Secretary of State to deny issuance
of a passport in certain
circumstances, such as for a
conviction for international drug
trafficking or arrearages in child
support.

State issued U.S. passports to thousands of registered sex offenders during
fiscal year 2008. Currently, State has no statutory authority to deny passports
to registered sex offenders, except those convicted of sex tourism. GAO’s
analysis of data provided by State and DOJ indicates that of over 16 million
U.S. passports issued in 2008, about 4,500 were issued to registered sex
offenders. This estimate is likely to be understated because of data limitations
in the passport and NSOR databases. From analysis of the NSOR, GAO also
found that about 50 of these registered sex offenders either lived outside of
the United States or the offender’s whereabouts were not known. GAO also
found that at least 30 of these registered sex offenders were federal
employees during fiscal year 2008.

GAO was asked to (1) determine,
to the extent possible, the number
of passport recipients who are
registered sex offenders and
(2) develop case study examples of
passport recipients who are
registered sex offenders. To do so,
GAO compared fiscal year 2008
passport data from the Department
of State (State) to data in DOJ’s
National Sex Offender Registry
(NSOR). GAO also interviewed
State officials. GAO selected 30 sex
offenders, primarily based on
geography, and performed
investigations.
In response to a draft of this report,
DOJ had no comments. State
expressed concerns about the
presentation of some findings.
State’s comments are addressed
within the report.

View GAO-10-643 or key components.
For more information, contact Gregory Kutz at
(202) 512-6722 or kutzg@gao.gov.

GAO judgmentally selected 30 sex offenders for investigation. At the time of
the criminal offense, many of these offenders held positions of public trust,
such as health care provider, school teacher, religious layman, law
enforcement official, National Aeronautics and Space Administration
engineer, and owner of Housing and Urban Development (HUD) Section 8
program single-family houses. GAO’s investigation also found that State issued
passports to individuals who were residing in prison or delinquent in child
support or whose whereabouts were unknown according to the NSOR.
Finally, GAO’s investigation found that one individual has illegally failed to
register with the police department as a sex offender for several years. The
following are examples of registered sex offenders who were issued U.S.
passports.
Examples of Registered Sex Offenders Who Were Issued U.S. Passports
Date of
passport
issuance
Description
State
Ohio
July 2008
The offender was previously convicted of gross sexual
imposition, pandering obscenity, and various other sex
offenses. In the late 2000s, the offender fled after law
enforcement seized his computers for child pornography. The
offender was issued a passport subsequent to fleeing from law
enforcement. The offender was later arrested in the
Philippines.
New York April 2008
A police officer was convicted of sodomy in the early 2000s.
According to law enforcement records, the offender was
caught having sex with his foster son. At the time the passport
was issued, the offender was a landlord for two properties—
receiving Section 8 money from HUD.
Texas
April 2008
A U.S. Postal Service carrier was convicted of indecency with
a girl, including sexual contact. The Postal Service was aware
of the conviction and the offender is still employed as a postal
carrier. The assigned route for the postal carrier goes through
a residential area that includes an elementary school.
Texas
October 2007
The State Department issued a passport in name of the sex
offender while he was incarcerated for child pornography
possession. The offender was previously convicted for
soliciting trips to Mexico to find “young friends” with other “boy
lovers.”
Source: GAO analysis of State and other records.

United States Government Accountability Office

Contents

Letter

1
Background
The Department of State Issued Thousands of Passports to
Registered Sex Offenders in Fiscal Year 2008
Case Studies Highlight Registered Sex Offenders Who Were Issued
Passports despite Other Criminal Convictions or Who Fled the
United States
Agency Comments and Our Evaluation

7
10

Additional Examples of Registered Sex Offenders
Who Were Issued U.S. Passports

14

Appendix II

Comments from the Department of State

17

Appendix III

GAO Contact and Staff Acknowledgments

21

Appendix I

3
5

Tables
Table 1: Geographic Distribution of Registered Sex Offenders Who
Were Issued U.S. Passports in Fiscal Year 2008
Table 2: Examples of Registered Sex Offenders Who Were Issued
U.S. Passports

6
8

Abbreviations
DOJ
FBI
HUD
NSOR

Department of Justice
Federal Bureau of Investigation
Department of Housing and Urban Development
National Sex Offender Registry

This is a work of the U.S. government and is not subject to copyright protection in the
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GAO-10-643 Passport Issuance

United States Government Accountability Office
Washington, DC 20548

June 15, 2010
The Honorable Max Baucus
Chairman
The Honorable Charles E. Grassley
Ranking Member
Committee on Finance
United States Senate
In fiscal year 2008, the Department of State (State) issued over 16 million
passports to U.S. citizens. Passport recipients typically travel
internationally to conduct business or enjoy new cultures and scenery. But
some are using their passports to commit nefarious illegal activities
outside the country. Specifically, the Department of Justice (DOJ) has
documented cases of U.S. citizens engaging in sex acts with children in
foreign countries. Several criminal cases highlight the issue:

•

•

•

In 2009, a serial sex offender who had failed to register as a sex offender
was convicted of traveling to Germany to have sex with a 14-year-old boy
who was living in an orphanage.1 He cultivated a friendship with the victim
and while on a bike trip, the victim woke to find the offender fondling him.
The offender was also separately convicted of failing to comply with sex
offender registration requirements.
In 2008, a registered sex offender from Arizona was sentenced to more
than 9 years in prison after he pled guilty to engaging in sexual activity
with teenage girls in Mexico.2 The Mexican police found the offender in his
Mexican apartment with a 15-year-old Texas girl, who later told authorities
she engaged in sexual conduct with the offender in exchange for money
and crack cocaine. The offender also paid $40 for sex to other underage
girls in a Mexican bar.
In 2005, a registered sex offender from Maryland was sentenced to 15
years in prison followed by supervised release for life after he pled guilty
to sexually molesting young boys in the Philippines and Cambodia. The
offender was previously convicted of three separate child sex crimes in

1

The offender was previously convicted for sexually molesting and assaulting 9- to 13-yearold children in the United States and Latvia.

2

The offender was previously convicted of rape and has been registered as a sex offender
in Arizona since the late 1970s.

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GAO-10-643 Passport Issuance

Maryland and was released on parole in 2000 after serving 13 years of an
18-year sentence.
Federal statutes authorize the Secretary of State to deny issuance of a
passport in certain circumstances, such as while an individual is
imprisoned or on parole or supervised release for a conviction for
international drug trafficking or sex tourism3 or is in arrearages for child
support. However, there is currently no comprehensive program to deny
4
passports to applicants who are registered sex offenders. In response to
your request, we (1) determined the number of passport recipients who
are registered sex offenders and (2) developed and substantiated case
studies of passport recipients who are registered sex offenders.
To determine the number of passport recipients who are registered sex
offenders, we used State’s passport database of all individuals who were
issued a passport in fiscal year 2008. We compared the database to DOJ’s
National Sex Offender Registry (NSOR) as of December 2008 to determine
the number of fiscal year 2008 passport recipients who were registered sex
offenders. To develop case studies, we judgmentally selected 30 cases
primarily based on geography and considered other factors, such as
severity of crime. We researched and analyzed court records, police
reports, and other investigative sources. Our investigators also interviewed
certain passport recipients from our case studies. While these case studies
cannot be generalized beyond the cases reviewed, they serve to illustrate
the types of sex offenders that were issued passports in fiscal year 2008.
To determine the reliability of the passport data, we interviewed State
officials responsible for those databases about the quality of the data. In
addition, we performed electronic testing of the passport database and the
NSOR to determine the validity of specific data elements that we used to

3
Sex tourism involving children is defined as traveling to a foreign country with the intent
to engage in sexual activity with a child. Under federal law (18 U.S.C. § 2423), it is illegal for
a U.S. citizen to travel abroad intending to engage or attempting to engage in sexual activity
with a child younger than 18 years old that would be illegal if it occurred in the United
States. Individuals who commit these crimes are subject to prosecution in the United
States even if the crime was committed on foreign soil.
4
Under 22 C.F.R. § 51.60(b)(2), State may refuse to issue a passport if the applicant is
subject to a criminal court order, condition of probation, or condition of parole, any of
which forbids departure from the United States and the violation of which could result in
the issuance of a federal warrant of arrest, including a warrant issued under the Federal
Fugitive Felon Act.

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GAO-10-643 Passport Issuance

perform our work.5 Based on our discussions with agency officials and our
own testing, we concluded that the data used for this report were
sufficiently reliable for our purposes.
We conducted this forensic audit from October 2009 to June 20106 in
accordance with generally accepted government auditing standards. Those
standards require that we plan and perform the audit to obtain sufficient,
appropriate evidence to provide a reasonable basis for our findings and
conclusions based on our audit objectives. We believe that the evidence
obtained provides a reasonable basis for our findings and conclusions
based on our audit objectives. We conducted our related investigative
work in accordance with standards prescribed by the Council of the
Inspectors General on Integrity and Efficiency.

Background
The National Sex Offender
Registry

All states, the District of Columbia, U.S. territories, and some Indian tribes
have laws or codes requiring convicted sex offenders to register with local
or state law enforcement authorities to enhance public protection and
provide an additional investigative tool to law enforcement agencies. In
most states, the sex offender registry is centrally maintained by a state
criminal justice agency, such as the state police or a department of public
safety.
The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act)7
requires states to submit sex offender registrant information to the
Attorney General for inclusion in a national registry. The Federal Bureau
of Investigation (FBI) maintains this database, the NSOR. In addition, the
Walsh Act established a comprehensive set of minimum standards for
states to follow for reporting sex offenders, including who must register,
what information must be in the registries, how often registrants must
reappear in person to verify their registration information and be

5

Data validation edits include (1) tests to see if numeric fields contain nonnumeric data
and (2) tests on a value to see if it falls within the range established for the data element.

6

Initiation of our audit was delayed significantly because of State’s refusal to comply with
our request for the passport recipient database for over a year. We requested access to the
database in September 2008, but did not obtain it until October 2009.
7

Pub. L. No. 109-248, 120 Stat. 587 (2006) (codified at 42 U.S.C. § 16901 et seq.).

Page 3

GAO-10-643 Passport Issuance

rephotographed, the number of years that offenders must maintain their
registration, and guidelines for the penalties for failing to register.8
Convicted sex offenders who fail to satisfy registration requirements are
subject to state or federal prosecution. The Walsh Act requires states to
impose criminal penalties (including a maximum potential prison term of
more than 1 year) on sex offenders who fail to comply with registration
requirements. In addition, the Walsh Act makes failure to comply with
registration requirements a federal crime (punishable by up to 10 years in
prison) for sex offenders who travel between states or Indian tribal
jurisdictions, or whose offenses are for federal, District of Columbia ,
Indian, or territorial crimes.

Restrictions on Issuance of
U.S. Passports

Although federal law permits certain restrictions on the issuance of
passports to individuals, the Secretary of State is not authorized to restrict
the issuance of passports to individuals because they are listed in the
NSOR. As with any other convicted felon, State lacks the authority to
identify such status on these individuals’ passports. Federal law permits
the Secretary of State to deny or revoke the issuance of passports only in
certain circumstances, including, but not limited to, when the individual

•

is subject to a criminal court order, condition of probation, or condition of
parole, any of which forbids departure from the United States and the
violation of which could result in the issuance of a federal warrant of
arrest, including a warrant issued under the Federal Fugitive Felon Act;9
is over $2,500 delinquent in child support;10
is delinquent in certain State debts;11
has an outstanding felony warrant;12

•
•
•

8

The requirements are specified in the Sex Offender Registration and Notification Act
(sometimes referred to as SORNA), which is title I of the Walsh Act. In July 2008, DOJ
issued final guidelines for implementing the requirements, which are applicable to all 50
states, the District of Columbia, the principal U.S. territories, and federally recognized
Indian tribes.

9

22 C.F.R. § 51.60(b)(2).

10

42 U.S.C. § 652(k).

11

22 U.S.C. § 2671(d)(3), 22 C.F.R. § 51.60(a)(1).

12

22 C.F.R. § 51.60(b)(1), (9).

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GAO-10-643 Passport Issuance

•
•
•
•

•

The Department of
State Issued
Thousands of
Passports to
Registered Sex
Offenders in Fiscal
Year 2008

has an outstanding foreign felony warrant;13
is subject to an extradition request that has been presented to a foreign
country;14
has been declared legally incompetent;15
used a passport or crossed an international border to commit an act based
on which the individual was subsequently convicted of certain drug
trafficking crimes, but only during the period the individual is imprisoned
or on parole or supervised release;16 or
used a passport or crossed an international border to commit an act based
on which the individual was subsequently convicted under the federal “sex
tourism” statute, but only during the period the individual is imprisoned or
on parole or supervised release.17
About 4,500 registered sex offenders were issued a passport in fiscal year
2008. However, this number is likely understated because many of the
records in the passport database and the NSOR lacked valid Social
Security numbers, the key field that we used to match these two
databases.18 In addition, the NSOR does not currently contain a
comprehensive listing of all sex offenders from the states. As such, we
believe that the 4,500 registered sex offenders is the lowest approximation
of registered sex offenders who were issued passports in fiscal year 2008.
According to the NSOR, about half of these passport recipients lived in
five states—California, Texas, Florida, New York, and Michigan. The
reasons for this large concentration in these five states include that they
have large populations, border or are close to foreign countries, and may
provide a more comprehensive reporting of sex offenders to the NSOR.
The NSOR data also indicated that about 50 registered sex offenders who

13

22 C.F.R. § 51.60(d).

14

22 C.F.R. § 51.60(b)(5).

15

22 C.F.R. § 51.60(b)(4).

16

22 U.S.C. § 2714.

17

22 U.S.C. § 212a.

18

Federal law does not require that an individual have a Social Security number as a
prerequisite to obtaining a passport, although the law does require those with Social
Security numbers to disclose them on the passport application. According to State officials,
State cannot therefore deny a passport solely for a missing Social Security number.

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were issued passports either lived outside of the United States or their
whereabouts were unknown. (See table 1.)
Table 1: Geographic Distribution of Registered Sex Offenders Who Were Issued
U.S. Passports in Fiscal Year 2008

Location

Number of registered
sex offenders who
were issued passports

Percentage

California

1,020

22.8

502

11.2

Texas
Florida

315

7.1

New York

227

5.1

Michigan

206

4.6

2,150

48.1

46

1.0

4,466

100

Other U.S. states and territories
Outside United States or whereabouts
a
unknown
Total
Sources: Departments of State and Justice.
a

This information is based on data in the NSOR.

Note: Percentages do not add to 100 due to rounding.

In addition, we identified at least 30 federal employees19 who were
registered sex offenders and were issued passports by matching our data
with federal civilian salary data from the Department of the Treasury, the
U.S. Postal Service, and the Defense Finance and Accounting Service.
Further, at least 12 individuals were landlords in the Department of
Housing and Urban Development’s (HUD) Section 8 housing program
during fiscal years 2006 and 2007 while they were registered sex
offenders.20

19

The U.S. Postal Service recently announced its intention to start conducting an ongoing
data comparison program to identify any current Postal Service employees who are
required by law to register as sex offenders. Specifically, the Postal Service plans to extract
records for each current employee and compare them to records on the National Sex
Offender Public Web site. After the data have been verified for accuracy, the Postal Service
plans to conduct a case-by-case analysis to determine the appropriate action to take, if any.
Among other factors, the Postal Service will consider the seriousness of the offense, the
date of the offense, and the nature of the employee’s position. Data Comparison Program Postal Service and Public Sex Offender Registries, 74 Fed. Reg. 65,172 (Dec. 9, 2009).

20

Five of these 12 sex offenders were still landlords in the Section 8 program as of January
2010.

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As discussed earlier, although federal law permits certain restrictions on
the issuance of passports to individuals, the Secretary of State is not
authorized to restrict the issuance of passports to individuals who are
listed in the NSOR or to identify such individuals on their passports. State
has indicated that it would like to study any proposed legislation to
provide additional authority to deny passports to sex offenders, including
constitutional, policy, and practical issues that may arise in its application
and use. A State official said that the department recently began working
with DOJ to develop a procedure for tracking these convictions and a
procedure to notify State of those convictions. The official also said that
once the agency has worked out these procedures, it will amend the
regulations accordingly.

Case Studies
Highlight Registered
Sex Offenders Who
Were Issued
Passports despite
Other Criminal
Convictions or Who
Fled the United States

The 30 registered sex offenders investigated for this report were all males
who represented a wide array of professions and criminal backgrounds. At
the time of their criminal offenses, many of them held positions of public
trust—for example, health care provider, school teacher, religious layman,
law enforcement official, federal employee, and owner of HUD Section 8
houses. Other cases involve registered sex offenders who owe child
support or are currently in prison or whose whereabouts are unknown
according to the NSOR. In one case study, the sex offender was issued a
passport in his name while in prison, which is allowed under federal law,
while another was issued a passport after becoming delinquent in child
support, an offense for which State must deny passports. Based on
interviews with local police departments, several of our cases showed that
sex offenders left the country and moved to Mexico. According to State
officials, Mexico does not have a sex offense registration system, so these
offenders are likely unknown to authorities and their neighbors. The
officials also stated that Mexico is one of the destinations known for sex
tourism. Finally, another individual has illegally failed to register with the
police department as a sex offender for several years.
Table 2 highlights 15 cases of registered sex offenders who were issued
their U.S. passports after their initial offenses. Appendix I provides details
on the other 15 cases we examined.

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Table 2: Examples of Registered Sex Offenders Who Were Issued U.S. Passports
Case

State

Passport issuance
date

1

Texas

October 2007

•

2

California

October 2007

•

Details
State legally issued a passport in the name of the offender while he was
incarcerated.
•
The offender stated that he applied for the passport in 2007 while on supervised
release from a previous incarceration.
•
The offender stated that he never received his passport. He said that he plans to
live in Mexico after he serves his sentence to avoid registering as a sex offender.
•
In the late 2000s, the offender was convicted of possession of child pornography
and is currently incarcerated. The offender had prior sex convictions in early
2000s, which include possession of child pornography and intent to promote child
pornography. The offender solicited trips to Mexico to find “young friends” with
other “boy lovers.” The FBI found cameras and a medical bag with Spanish
language flyers advertising lice removal for children, a procedure that requires the
children to undress.

•
•
•

3

Texas

December 2007

•
•
•

4

Virginia

December 2007

•
•
•

5

Florida

January 2008

•
•

6

Texas

March 2008

•

•
•

Page 8

According to local authorities, the location of the offender is unknown and the
offender has not complied with sex offender registration requirements since 2003.
In the mid-1990s, the offender was convicted of lewd or lascivious acts with a child
under 14 years old.
The offender was under the influence of drugs and molested a 14-year-old boy
while the victim was sleeping.
The offender frequently crossed the Mexican border by vehicle after receiving his
passport.
In the early 1990s, the offender was convicted of sexually assaulting a 7-year-old
girl.
According to local authorities, the offender informed the police department that he
moved to Mexico.
The offender has frequently crossed the Mexican border since receiving his
passport.
In the early 2000s, the offender was convicted of taking indecent liberties with
children and aggravated sexual battery.
The offender molested two of his nieces on separate occasions—the victims were
approximately 8 and 10 years old.
The offender traveled to Peru after receiving his passport.
The offender owns two properties for which he is currently receiving HUD Section
8 funds from the federal government.
In the late 1980s, the offender was convicted of sexual battery on a child under 12
years old. The offender was also convicted of other crimes later, including
possession of cocaine and violating probation.
At the time of the offense, the offender was a physical therapist. The offender is
still employed as a therapist, providing physical therapy to the public, including
high school athletes.
In the mid 2000s, the offender agreed to a pretrial diversion program for indecency
with a child, including sexual contact.
The offender engaged in sexual contact with a 15-year-old girl.

GAO-10-643 Passport Issuance

Case

State

Passport issuance
date

7

California

March 2008

8

New York

April 2008

9

Texas

April 2008

10

Texas

May 2008

11

Virginia

June 2008

Details
•
At the time of the offense, the offender was a U.S. postal carrier. He was still
employed as a postal carrier as of fiscal year 2008.
•
In the mid-1990s, the offender was convicted of annoying and molesting children.
•
The offender molested a 12-year-old girl inside the victim’s house while the victim’s
parents were not home. According to the police report, he told authorities he was
aware of her age but felt that his affectionate activity that involved inappropriately
touching the child was “no different than a handshake.”
•
The offender traveled to Taiwan and Japan after receiving his passport.
•
At the time the passport was issued, the offender was a HUD landlord for two
properties, receiving Section 8 money from the federal government.
•
In the early 2000s, the offender was convicted of sodomy.
•
According to local law enforcement records, the offender was caught by a police
officer in the act of having sex with his 16-year-old foster son in the backseat of his
car.
•
The police report indicated that at the time of the offense, the offender was serving
as a foster parent for multiple children and was also employed as a police officer.
•
At the time of the offense, the offender was employed as a U.S. postal carrier. The
Postal Service was aware of the conviction and the offender is still employed as a
postal carrier. The assigned route for the postal carrier goes through a residential
area that includes an elementary school.
•
In the mid-1990s, the offender was convicted of indecency with a child, including
sexual contact.
•
According to the police report, the offender was intoxicated and molested his 13year-old stepdaughter.
•
The offender planned to use the passport for trip to a Mexico, but the trip was
subsequently canceled.
•
In the mid-1980s, the offender was convicted of sexually assaulting a 16-year-old
girl. According to the victim’s statement to the police, the offender and two of his
friends “grabbed” the victim while she was walking home, put her in a car, and
drove her to an unknown location against her will. The offender then threatened
the girl with a knife and raped her in the car.
•
The offender has prior convictions, including conspiracy to manufacture controlled
substances.
•
According to local authorities, the offender informed the police department that he
moved to Mexico.
•
The offender frequently crossed the Mexican border by vehicle after receiving
passport.
•
•
•

Page 9

The police report indicates that at the time of the offense, the offender worked for
the Army as a nutrition supply person at a hospital.
In the mid-2000s, the offender was convicted of taking indecent liberties with
children.
The offender raped his 11-year-old stepdaughter.

GAO-10-643 Passport Issuance

Case

State

Passport issuance
date

12

Delaware

July 2008

13

Ohio

July 2008

Details
•
The offender has multiple sex offense convictions, including unlawful sexual
contact with an 11 year old in the late 1990s and unlawful sexual contact with
another 11 year old in the mid-2000s.
•
The offender has traveled to the Philippines, Germany, and France since receiving
his passport.
•
The offender has recently been indicted for possession of child pornography,
attempted production of child pornography, and enticement and coercion of a
minor for attempting to have sex with a 2-year-old female.
•

•
•

14

Georgia

July 2008

•
•
•

15

Maine

September 2008

•
•

•
•

The offender fled to the Philippines shortly after the FBI seized computer images of
child pornography from his computer. The offender was issued a passport
subsequent to fleeing from the FBI. The offender was later convicted of
transporting child pornography in interstate commerce and failure to comply with
sex offender registration requirements.
In the mid-1990s, the offender was convicted of gross sexual imposition and
pandering obscenity.
The offender has committed multiple sex offenses in multiple states.
In the late 1990s, the offender was convicted of committing a lewd act with a child.
The police reported that the offender performed oral sex on an early teenage boy.
In the early 2000s, the offender was convicted of failing to comply with sex
offender registration requirements.
The offender has traveled to Philippines, Ireland, and Panama since receiving his
passport.
In the early 2000s, the offender was convicted of two counts of unlawful sexual
contact with a minor under 14 years old.
The offender pled guilty to molesting two boys, ages 8 and 11. Both victims were
friends with the offender’s son and occasionally spent the night at the offender’s
home. The offender entered his son’s room during sleepovers and molested the
victims while they were sleeping.
The offender currently has child support debt of about $21,000 and owed child
support at the time the passport was issued.
The offender traveled to Mexico after receiving his passport.

Source: GAO’s analysis of Department of State, Department of Justice, public, and other records.

Agency Comments
and Our Evaluation

We provided a draft of this report to DOJ and State for comment. DOJ
stated that it did not have comments on the report. State’s comments are
reprinted in appendix II, and its technical comments were incorporated as
appropriate.
In its written response to our report, State said that our report and its title
are misleading because they do not mention the low percentage of
passports that were issued to registered sex offenders. Although we made
a slight modification to the title to address State’s concern, we believe that

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GAO-10-643 Passport Issuance

our report and its title are fair and factually accurate. About 4,500
registered sex offenders were issued a passport in fiscal year 2008.21
Further, this number is likely understated because many of the records in
State’s passport database and the NSOR lacked valid Social Security
numbers, the key field that we used to match these two databases.
In addition, State said that we should make clear that we did not find
evidence that it failed to exercise its authority to deny a passport to any
sex offender identified in this study. However, we clearly explain that
State is not authorized to restrict the issuance of passports to individuals
because they are listed in the NSOR. State also said that we should include
other relevant data, such as the number of convictions by DOJ under the
relevant sex tourism statute and whether the passport could have been
denied based on a sex tourism conviction. However, while the federal
statute criminalizing sex tourism was in effect during the time period of
our data (October 1, 2007, through September 30, 2008), the statute that
requires State to deny passports to those convicted under that law did not
go into effect until after this time period elapsed (December 23, 2008).
Furthermore, it is our understanding that State recently began reviewing
the statute that requires passports to be denied to these individuals in
April 2010, after we brought this statute to its attention because State was
not aware of the statute.
State also wrote that our report suggested that the issuance of passports to
certain Americans facilitated their commission of sex offenses abroad,
adding that there was no evidence connecting the sex offenders to sex
crimes overseas following their convictions. We disagree. In our report, we
did not state that the issuance of passports to sex offenders in fiscal year
2008 facilitated their commission of sex offenses abroad. This was not part
of our objectives for this review. However, our introduction does cite
examples from DOJ in which prior sex offenders committed sex crimes
overseas. Our investigation did find several cases where the passport
recipients traveled to locations known for sex tourism, and one of our 30
cases is currently under indictment related to sex crimes overseas.
State also said that there was no logical connection between the issuance
of passports and sex offenders’ travel to Mexico, adding that our evidence
was based on hearsay information and that a passport was not required to

21

In its response, State claimed that less than .0003 percent of passport books and cards
were issued to registered sex offenders. However, we calculated it to be about .03 percent.

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GAO-10-643 Passport Issuance

enter the United States from Mexico (via land border) until June 2009. In
our report, we state that convicted sex offenders are required to register
with local or state law enforcement authorities. As part of this
requirement, the pertinent police departments stated that the offenders
informed them of their moving to Mexico.
Finally, State wrote that our report provides graphic details that were used
to suggest that State knew these details at the time of passport issuance
and should have taken action to prevent the issuance of the passport.
State’s assessment of the details of our case studies as “graphic” is the
result of the nature of the criminal acts of the passport recipients; the
offenses are directly relevant to our objective to develop case studies of
passport recipients who are sex offenders. In addition, State said that the
details of two of our cases in the Highlights could be construed as
indicating an “anti-gay” bias. However, the descriptions of these case
studies are at the same level of detail that we report in other case studies,
describing illegal activities between an adult and a child of either gender.
Furthermore, because these case studies only discuss sexual abuse of
children, we have not made any assumptions or implications regarding the
sexual orientations of these individuals. We do not believe the public
would condone such illegal activities, regardless of the genders of the sex
offenders or their victims.

As agreed with your offices, unless you publicly announce the contents of
this report earlier, we plan no further distribution until 30 days from the
report date. At that time, we will send copies to interested congressional
committees, the Secretary of State, and the Attorney General. The report
also will be available at no charge on the GAO Web site at
http://www.gao.gov.
If you or your staff members have any questions about this report, please
contact me at (202) 512-6722 or kutzg@gao.gov. Contact points for our
Offices of Congressional Relations and Public Affairs may be found on the

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GAO-10-643 Passport Issuance

last page of this report. GAO staff who made major contributions to this
report are listed in appendix III.

Gregory D. Kutz
Managing Director
Forensic Audits and Special Investigations

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GAO-10-643 Passport Issuance

Appendix I: Additional Examples of
Registered Sex Offenders Who Were Issued
U.S. Passports

Appendix I: Additional Examples of
Registered Sex Offenders Who Were Issued
U.S. Passports

Case

State

Passport issuance
date

16

California

October 2007

17

Texas

October 2007

18

California

November 2007

19

Maryland

December 2007

Details
•
As of fiscal year 2009, the offender was a federal employee with an entity that
manages a national historical landmark.
•
In the mid-1990s, the offender was convicted of committing a lewd or lascivious act
with child under 14 years old.
•
The offender is currently incarcerated.
•
In the early 2000s, the offender was convicted of indecency with child, including
sexual contact.
•
According to the victim’s statement to the police, the offender restrained and had
sexual activity with her. The victim was an 8-year-old girl.
•
The offender has multiple parole violations and in the mid- to late 2000s, failed to
comply with sex offender registration requirements, evaded arrest with a vehicle,
and assaulted a public servant.
•
At the time of the offense, the offender was a practicing physician assistant.
•
In late 1990s, the offender was convicted of sexual battery.
•
The offender used his position as a physician assistant to seduce, sexually abuse,
and have sexual relations with multiple patients in violation of the doctor-patient
trust.
•
•
•

20

Virginia

December 2007

•
•
•

21

Texas

January 2008

•

•
•
•

In the early 2000s, the offender was convicted of misdemeanor sexual abuse of a
child.
The offender was volunteering as an usher for a church and inappropriately
touched a 14-year-old boy while the boy was using a urinal.
At the time of the offense, the offender was a licensed physician.
The police reported that at the time of the arrest, the offender was a sworn sheriff’s
deputy and was near completing training at a corrections officer academy.
In the late 2000s, the offender was convicted of taking indecent liberties with
children.
According to police, the offender attempted to meet someone he believed was a
13-year-old girl for sexual relations on two separate occasions. The case was
initiated by an undercover operation targeting adults who were trying to exploit
children on the Internet.
At the time of the offense, the offender was employed with the Department of the
Treasury (Treasury). Although the position was one of “public trust,” Treasury was
aware of the conviction and has maintained his employment at the Bureau of
Engraving and Printing.
In the mid-1990s, the offender was convicted of aggravated sexual assault of a
child.
According to police reports, the offender had sex multiple times with the 7-year-old
daughter of his girlfriend.
The offender regularly traveled to Caribbean islands and Mexico after receiving his
passport.

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GAO-10-643 Passport Issuance

Appendix I: Additional Examples of
Registered Sex Offenders Who Were Issued
U.S. Passports

Case

State

Passport issuance
date

22

Texas

April 2008

23

Maryland

May 2008

24

Texas

May 2008

25

Alabama

May 2008

26

California

June 2008

27

Texas

June 2008

Details
•
In the late 1990s, the offender was convicted of sexual contact with a minor while
traveling on an airplane.
•
According to the prosecutor, the offender sexually assaulted an 11-year-old girl
while intoxicated and traveling on an airplane.
•
The offender traveled to Mexico after receiving his passport.
•
At the time of the offense, the offender was a practicing physician. The offender
lost his medical license for several years after his conviction for child pornography.
•
In the early 2000s, the offender was convicted of possession of child pornography.
•
The offender knowingly and intentionally possessed three discs containing images
of child pornography and responded to a solicitation—by the state police in a sting
operation—to purchase additional pornographic images involving teens and
preteens.
•
After his license was reinstated, the offender began practicing medicine in a
practice specializing in providing home visits to adult patients.
•
The offender traveled to a Caribbean island after receiving his passport.
•
The offender was employed at a company that constructs toilet partitions and
restroom compartments.
•
In the early 2000s, the offender was convicted of indecency with a child, including
exposure.
•
The offender exposed himself to a 10-year-old child and mother in the parking lot of
a sporting goods store.
•
The offender has a prior conviction for indecent exposure for sexually exposing
himself, driving his vehicle without pants, and masturbating at a red light.
•
The offender stated that he needed the passport for a business trip to Europe but
that the trip was subsequently canceled. He does not expect to use the passport in
the future.
•
In the mid-1990s, the offender was convicted of felony sodomy of a 9-year-old girl
and misdemeanor assault.
•
The offender traveled to the Caribbean after receiving his passport.
•
At the time of the offense, the offender was a licensed physician assistant.
•
In the early 2000s, the offender was convicted of attempted sexual abuse of a
child, a felony.
•
The offender attempted to rape a child with special needs while the child was
sleeping.
•
At the time of the offense, the offender was employed as an aerospace engineer
for the National Aeronautics and Space Administration and is currently employed
with the agency. The agency does not require a security clearance for this position.
•
In the early 2000s, the offender was convicted of indecency with a child, including
sexual contact.
•
According to the police report, the offender molested his 15-year-old stepdaughter
by fondling, kissing, and touching the victim approximately 20 times in the span of
about 9 months.
•
The offender stated that he used the passport to travel to Japan for business.

Page 15

GAO-10-643 Passport Issuance

Appendix I: Additional Examples of
Registered Sex Offenders Who Were Issued
U.S. Passports

Case

State

Passport issuance
date

28

Florida

July 2008

29

Colorado

July 2008

Details
•
At the time of the offense, the offender was a religious layman employed as a
teacher at a Catholic school and lured a 15-year-old boy into a storage room and
fondled him.
•
According to the police report, after the offense, the offender stalked the victim
repeatedly in the school hallways and bathroom. In the bathroom, the offender
engaged in inappropriate sexual contact.
•
In the late 2000s, the offender was convicted of child abuse that he committed in
the late 1970s.
•
•

30

California

August 2008

•
•

•

•
•

At the time of the offense, the offender was a U.S. Postal Service employee. The
offender was still employed by the Postal Service as of fiscal year 2008.
In the mid-1990s, the offender was convicted of aggravated incest and sexual
assault of a child.
In the early 2000s, the offender was convicted of assault with intent to commit
rape, sodomy, or oral copulation.
The offender was also convicted of contributing to the delinquency of a minor in
early 1970s. According to the police report, the offender offered a car ride to a 13year-old girl as she walked home from school. The victim jumped out of the
offender’s moving car after the offender exposed himself while driving.
In an interview with police, the offender stated that he was receiving psychiatric
treatment before the offense and admitted that he exposed himself to five or six
unknown females in a 3-year span.
According to local authorities, the offender has moved to Mexico.
The offender frequently crossed the Mexican border by vehicle after receiving his
passport.

Source: GAO’s analysis of Department of State, Department of Justice, public, and other records.

Page 16

GAO-10-643 Passport Issuance

Appendix II: Comments from the Department
of State

Appendix II: Comments from the Department
of State

United States Department of State
Chief Financial Offi""r
lfilshinglO1I, L>. C. 20,,20

MAY 252010
Ms. Jacquelyn Williams-Bridgers
Managing Director
International Aftairs and Trade
Government Accountability Office
441 G Street, N.W.
Washington, D.C. 20548-0001
Dear Ms. Williams-Bridgers:
We appreciate the opportunity to review your draft report,
"DEPARTMENT OF STATE: Pa<;sports Issued to Thousands of Registered
Sex Offenders," GAO Job Code 192298.
The enclosed Department of State comments are provided for
incorporation with this letter as an appendix to the final report.
If you have any questions concerning this response, please contact
Jonathan Rolbin, Director, Bureau of Consular Affairs at (202) 663-2491.

Sincerely,

/f;~.-1 ~;j -.:
({ames L. Millette

cc:

GAO ~ Matthew Valenta
CA - Janice Jacobs
State/OIG - Tracy BUfilett

Page 17

GAO-10-643 Passport Issuance

Appendix II: Comments from the Department
of State

Department of State Comments on GAO Draft Report
DEPARTMENT OF STATE: Passports Issued to Thousands of
Registered Sex Offenders
(GAO-10-643, GAO Code 192298)
Thank you for giving the Department of State the opportunity to comment on the
draft report to the Senate Committee on Finance concerning the issuance of
passports to persons registered as sex offenders.1 Please find our general
comments and concerns set forth below. Our technical comments with requested
changes to the text are provided separately.
We think the report is very misleading. Starting with the title, “Passports Issued to
Thousands of Registered Sex Offenders,” we are concerned that it conveys more
“shock value” than factual accuracy. The fact is that the State Department lacks
legal authority to deny a passport to a registered sex offender and the title of the
report should reflect this. Furthermore, of the over 16 million passport books and
cards issued in 2008, less than 0.0003 percent were issued to registered sex
offenders according to GAO estimates. Additionally, the title fails to reveal the
very low percentage of passports that were issued to registered sex offenders in
2008 and the use of the word “thousands” without a reference point implies
otherwise. Moreover, the title fails to convey that GAO found no lawful reasons
for the Department to deny or revoke the passports of the case study sex offenders
based on their status as sex offenders.

1
The Department provided data to the GAO on over 16 million individuals who were issued
passports in calendar year 2008. Due to extremely sensitive personal data contained in our
records and our responsibility for protecting American citizens’ privacy, the Department
provided an extract of data which included the applicants’ Social Security numbers, the date the
passports were issued and the first four letters of the applicants’ last names. The Department
specified that this data be used by GAO only to identify (1) the passport recipients that might
owe federal taxes and the magnitude of those taxes by comparing the passport data against the
IRS tax delinquent data and (2) the passport recipients who might be sex offenders by comparing
the passport data against the FBI sex offender data. To the extent that this report includes other
information about passport applicants, it was not derived from Department of State records nor
was Department data used to perform further analysis of the passport applicants. In agreeing to
the provision of its passport data to the GAO, the Department understood that GAO on a limited
basis intended to use the results of matching passport data to the IRS and FBI databases to
perform further analysis, but would not use Department data to do so.

Page 18

GAO-10-643 Passport Issuance

Appendix II: Comments from the Department
of State

2
The title also fails to convey that GAO found no evidence that the offenders used
their passports to commit sex offenses abroad. To be accurate and balanced, the
title should read: “Existing U.S. Law Allows Passports to Be Issued to Registered
Sex Offenders, Although GAO Found No Evidence That Sex Offenders Used
Their Passports to Travel Abroad to Commit Sex Offenses.”
The Secretary of State has responsibility for issuing passports to U.S. nationals and
may only deny an application for a passport if there is a legal basis for denial. The
Department takes this responsibility very seriously. To that end, trained
adjudicators review each passport application and supporting documentation
extremely carefully to determine if the individual is entitled to a passport. In most
cases, U.S. citizens are entitled to receive a passport regardless of the fact that they
previously committed or were convicted of a crime.
The Department does have legal authority to deny passports in certain
circumstances, including limited authority to deny in cases involving sex
offenders. As noted in the draft report, Congress has already provided the
Department authority to deny passports to individuals convicted of the crime of sex
tourism involving minors and who used their passport or passport card or
otherwise crossed an international border in committing an offense. The
Department is currently working with the Department of Justice (DOJ) to
implement this legislation. The Department also has authority to deny passports to
individuals for whom an order of probation or parole as been entered by a court
forbidding departure from the United States. When such orders are entered for sex
offenders, the Department has authority to deny their passports on that basis.
To be accurate and fair, the draft report should make clear that GAO found no
evidence that the Department failed to exercise its authority to deny a passport to
any sex offender identified in this study. It should also include data relevant to this
issue, such as the number of convictions by DOJ in fiscal year 2008 under the
relevant sex tourism statute, and the number of those convicted who already had
valid passports at the time they committed these crimes. The case studies
themselves could explain whether there is any evidence that the passport could
have been denied based on a sex tourism conviction, whether the criminal courts
failed to enter orders of probation/parole for the applicants forbidding departure
from the United States, or whether such orders had expired prior to passport
issuance.2
The case studies themselves provide particularly graphic details which we think are irrelevant
and tend to sensationalize the report, such as details about the age and sex of the victims.

2

Page 19

GAO-10-643 Passport Issuance

Appendix II: Comments from the Department
of State

3
The report appears to suggest, without any foundation, that the Department’s
issuance of passports to certain Americans facilitated their commission of sex
offenses abroad. There are no facts in the report which show that any of the thirty
individuals included in the case studies used his passport to travel to a foreign
country to commit a sex crime. Rather, it appears that most (if not all) the
individuals included in the case studies committed sex crimes either within their
own state or after traveling to a neighboring state. There also is no evidence
connecting the sex offender to sex crimes overseas following their convictions.
Moreover, there is no logical connection between the Department’s issuance of
passports and the case studies involving travel to Mexico. First, there is little
factual data in the report (beyond mere hearsay) that supports the conclusion that
any of the sex offenders in the case studies actually moved to Mexico. But even if
they did, the report fails to explain that a passport was (and is) not necessary for
U.S. citizens to enter Mexico, and was not required to enter the United States from
Mexico via the land border until June 1, 2009.
Ultimately, the Department would want to study any legislative proposal to
prohibit issuance of passports to sex offenders beyond our existing authorities. As
noted above, we currently have limited authority to deny passports to certain sex
offenders. To the extent that this report is prepared for those considering such
legislation, the report should provide a more detailed discussion of the FBI’s sex
offender data and the limitations that data provides generally and with respect to
this study. The Department’s understanding is that such data is derived from
individual state reporting and that there may be concerns, even by the Department
of Justice, with respect to its accuracy. Each state may choose which offenses to
report on, and report on a range of sex offenses. The nature of those offenses, e.g.,
the elements and penalties, and the reporting requirements differ from state to
state. Moreover, as we understand it, the GAO only ran State Department passport
data against the social security numbers included in the database and did not
attempt to determine which offenses or which range of sex offenses the matched
individuals committed. Data on the nature of the offenses committed by the
matched individuals could be useful in determining whether legislation is needed.
Including such detail suggests the Department knew or should have known of these details at the
time the passport was issued and should have taken some action to prevent issuance of the
passport. We are also concerned that the only two case studies highlighted prominently on the
first page of the report that describe the sex of both the offender and the victim are descriptions
of crimes involving two people of the same sex. The descriptions of the sodomy of a male child
and a search for “boy lovers” abroad could be construed to suggest the report has an anti-gay
bias. We strongly recommend that GAO revisit its decision to highlight these case studies.

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GAO-10-643 Passport Issuance

Appendix III: GAO Contact and Staff
Acknowledgments

Appendix III: GAO Contact and Staff
Acknowledgments
GAO Contact

Gregory Kutz, (202) 512-6722 or kutzg@gao.gov

Acknowledgments

In addition to the contact named above, the following individuals made
major contributions to this report: Andrew O’Connell, Assistant Director;
Matthew Valenta, Assistant Director; Scott Clayton; Arturo Cornejo; Paul
Desaulniers; Alberto Garza; Ken Hill; Steve Martin; James Murphy; Daniel
Silva; and Tim Walker.

(192298)

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GAO-10-643 Passport Issuance

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