of such petitions and, since September 11, 2001, on the petitioners as well. (4) The Government Accountability Office (GAO) has determined that, in fiscal year 2005, at least 398 of the petitioners who filed family-based visa petitions were on the National Sex Offender Registry maintained by the Federal Bureau of Investigation. (5) GAO was only able to ascertain the nature of the sex offense for 194 of the 398 petitioners. (6) GAO was able to ascertain, however, that 119 of the convictions were for sex assault, 35 for child fondling, 9 for strong arm rape, 9 for carnal abuse combined with a sexual assault, 7 were for statutory rape, 4 for crimes against persons, 3 for indecent exposure, 2 for kidnapping, 2 for obscene material possession, 1 for exploitation of a minor with photographs, 1 for incest with a minor, 1 for sodomizing a boy, and 1 for restricting movement. (7) At least 14 of the 398 petitioners were classified as sexual predators , which means a determination had been made that they are likely to commit additional sex offenses. (8) At least 45 of the petitioners were convicted of sex offenses against children. (9) The Immigration and Nationality Act does not provide the Secretary of Homeland Security with authorization to deny family-based petitions on the basis of a petitioner’s conviction for a sex offense, even when the conviction record indicates that a spouse or a child beneficiary may be in grave danger. 402. Discretionary authority to deny family-sponsored classification petition by petitioner listed on national sex offender registry Section 204 ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (m) Authority To deny family-Based petition by petitioner listed on national sex offender registry (1) In general The Secretary Homeland Security may, in the discretion of the Secretary, deny a petition under subsection (a) for classification of a spouse or child if— (A) the Secretary has confirmed that the petitioner is on the national sex offender registry maintained by the Federal