[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6266 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6266

To amend the Sex Offender Registration and Notification Act to require 
    sex offenders to notify appropriate government officials before 
           traveling internationally, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

Ms. Loretta Sanchez of California introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Sex Offender Registration and Notification Act to require 
    sex offenders to notify appropriate government officials before 
           traveling internationally, 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.

    This Act may be cited as the ``Sex Offender Notification of 
International Travel Act''.

SEC. 2. FINDINGS AND DECLARATION OF PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Child sex tourism is a pervasive international problem 
        and ever evolving crime that exploits the most innocent and 
        vulnerable members of any society.
            (2) Child sex tourists travel to known sex destinations for 
        the purpose of seeking anonymity while engaging in child 
        molestation and exploitation, involving such acts as 
        manufacturing pornography and prostitution. An estimated 25 
        percent of predators involved in child sex tourism throughout 
        the world are United States citizens.
            (3) American child sex tourists can be found in a wide 
        range of foreign locales, looking to exploit children made 
        vulnerable by extreme poverty and deprivation. These predators 
        often have a long history of abuse of children, both in the 
        United States and abroad. They plan their trips carefully to 
        minimize their risk of arrest while exploiting economically 
        disadvantaged children.
            (4) U.S. Immigration and Customs Enforcement (ICE), an 
        agency within the Department of Homeland Security, has taken a 
        leading role in the fight against the sexual exploitation of 
        minors abroad, in cooperation with other United States 
        agencies, law enforcement from other countries, INTERPOL, and 
        nongovernmental organizations. In fact, between 2003 and 2009, 
        ICE made 72 criminal arrests and obtained 73 convictions of 
        individuals charged with traveling aboard and engaging in 
        illicit sexual conduct with a minor, the ``child sex tourism'' 
        law, section 2423 of title 18, United States Code.
            (5) These arrests were made under the auspices of Operation 
        Predator, a highly successful, ongoing investigative operation 
        targeting the exploiters of children. Since its inception in 
        2003 as an initiative focusing on combining the ICE immigration 
        and customs authorities, Operation Predator has become a 
        worldwide known brand in the fight against child exploitation 
        and is now the overarching child exploitation program within 
        ICE. Today, Operation Predator includes numerous initiatives 
        and programs that protect children from pornographers, child 
        prostitution rings, Internet predators, alien smugglers, human 
        traffickers, sex tourism operators, and other criminals that 
        prey on children, focusing on the identification, prosecution, 
        and removal (when applicable) of criminals and encompasses all 
        the law enforcement offices within ICE. As of 2009, ICE had 
        made more than 12,710 arrests under Operation Predator.
            (6) Operation Predator is the lynchpin for the newly 
        established ICE Child Exploitation Investigations Center 
        (CEIC), a division of the ICE Cyber Crimes Center, managed by 
        the Child Exploitation Unit. The CEIC houses all national ICE 
        initiatives and programs relating to child exploitation--both 
        sexual child exploitation, child trafficking, and forced child 
        labor--and will focus on four key areas: training for Federal, 
        State, local, tribal, and foreign law enforcement agencies; 
        investigative capacity building; child exploitation prevention 
        and enforcement operations; and recruitment of disabled 
        veterans in communities hardest hit by the current economic 
        situation.
            (7) Two of the more significant programs currently under 
        Operation Predator are the Virtual Global Taskforce (VGT) and 
        Operation Angel Watch. Established in 2003, the VGT is a 
        collaboration of international law enforcement agencies with 
        the common goal of protecting children from sexual 
        exploitation. The VGT is intended to augment, not supplant, 
        existing law enforcement initiatives and international 
        relationships related to child exploitation issues. ICE, as 
        represented by the CEIC, is the exclusive United States 
        representative to the VGT. Operation Angel Watch is an 
        intelligence-driven program targeting registered sex offenders 
        traveling abroad who ICE believes are likely to engage in child 
        sex tourism. By evaluating patterns and trends, ICE identifies 
        high risk countries to compare with the travel plans of 
        registered sex offenders. Since the inception Operation Angel 
        Watch, nearly 300 suspected CST perpetrators have been 
        identified.
            (8) While this Operation has proven effective, we find the 
        requirements for notification of international travel by sex 
        offenders in this Act will significantly enhance the ability of 
        ICE to identify such high-risk travelers earlier and more 
        frequently. The goal is to stop the traveler prior to the 
        exploitation of the children. To the extent that there may be 
        investigative concern of a traveler, we also find that this 
        bill will serve to protect the American children from 
        exploitation, as well.
            (9) Although the Sex Offender Registration and Notification 
        Act requires the establishment of a system for tracking 
        registered sex offenders traveling internationally, these 
        requirements should be strengthened so high risk travelers are 
        identified earlier and more frequently.
            (10) Officials from the United Kingdom, Australia, Spain, 
        and other countries have expressed interest in working with the 
        United States Government for increased international 
        cooperation to protect children from sexual exploitation, and 
        are proponents of formal arrangements to ensure that the risk 
        posed by traveling sex offenders is combated most effectively.
            (11) The United States, with its international law 
        enforcement relations, technological and communications 
        capability, and established sex offender registry system, 
        should lead the global community in the effort to save 
        thousands of potential child victims by notifying other 
        countries of travel by sex offenders, maintaining information 
        about sex offenders from the United States who reside overseas, 
        and strongly encouraging other countries to undertake the same 
        measures to protect children around the world.
    (b) Purpose.--It is the purpose of this Act to amend the Sex 
Offender Registration and Notification Act (SORNA), as established in 
the Adam Walsh Child Protection and Safety Act or 2006, Public Law 109-
248, to better protect children worldwide from sexual exploitation. In 
an effort to prevent, deter, and combat international child sex 
exploitation, the United States system will require notification of 
international travel by the sex offender to appropriate government 
officials and permit United States law enforcement to share such 
information with foreign countries when appropriate.

SEC. 3. SEX OFFENDER INTERNATIONAL TRAVEL NOTIFICATION PROGRAM FOR 
              PURPOSES OF BORDER SECURITY.

    The Sex Offender Registration and Notification Act (42 U.S.C. 16901 
et seq.) is amended--
            (1) in section 113(c)--
                    (A) by designating the existing text as paragraph 
                (1); and
                    (B) by adding at the end the following:
    ``(2) A sex offender shall comply with the requirements for 
notification of international travel as prescribed by this title.'';
            (2) by inserting after section 113 the following:

``SEC. 113A. INTERNATIONAL TRAVEL NOTIFICATION REQUIREMENTS FOR SEX 
              OFFENDERS.

    ``(a) Duty To Report.--Any person required to register as a sex 
offender under this title shall be required to notify their residential 
jurisdiction of registration of his or her intent to travel from the 
United States to another country, regardless of duration of the travel. 
Only one notification is required for each round trip.
    ``(b) Procedures for Reporting.--Sex offenders are to provide 
notice to their residential jurisdiction of registration by completing 
the International Travel Notification form as described in section 
114a--
            ``(1) not later than 21 days before departure from the 
        United States;
            ``(2) in consultation with their residential jurisdiction 
        of registration, as early as possible when 21 days prior is 
        impracticable; or
            ``(3) in consultation with their residential jurisdiction 
        of registration, at regular intervals, on a case by case basis, 
        for sex offenders who, for legitimate business or personal 
        reasons, regularly transit across United States borders.
    ``(c) Duty To Update.--Sex offenders are to notify their 
jurisdiction of residence of any change in travel dates or 
locations.'';
            (3) in section 115--
                    (A) in the section heading, by striking 
                ``requirement'' and inserting ``requirements''; and
                    (B) by at the end the following:
    ``(c) International Travel Registration.--Sex offenders are 
required to comply with the international travel notification 
requirements in section 113a at all times during which they are 
required to register under this title.'';
            (4) by inserting after section 114 the following:

``SEC. 114A. INFORMATION REQUIRED FOR INTERNATIONAL TRAVEL FOR PURPOSES 
              OF BORDER SECURITY.

    ``The Attorney General, in consultation with the Secretary of 
Homeland Security, shall develop an International Travel Notification 
form. Such form shall include the following information:
            ``(1) The complete name of the sex offender (including any 
        nicknames or aliases).
            ``(2) The Social Security number of the sex offender.
            ``(3) The current home address of the sex offender.
            ``(4) All email addresses.
            ``(5) The date of birth of the sex offender.
            ``(6) The citizenship of the sex offender.
            ``(7) The passport or passport card number and date and 
        place of issuance of the sex offender.
            ``(8) The alien registration number of the sex offender, 
        where applicable.
            ``(9) Information as to the nature of the sex offense 
        conviction(s) that requires registration.
            ``(10) Jurisdiction(s) of conviction.
            ``(11) Jurisdiction(s) or registration.
            ``(12) The travel itinerary and purpose of trip.
            ``(13) The names of any travel companions and relationship 
        to the sex offender, if any.
            ``(14) The address and phone number where the sex offender 
        may be reached while not in the United States.
            ``(15) If applying for employment while outside of the 
        United States, name and type of business, address, and point of 
        contact and phone number for the employer.
            ``(16) If attending school while outside of the United 
        States, name and type of school, address, and point of contact 
        and phone number for the school.
            ``(17) All countries the sex offender plans to visit during 
        the trip, including dates, addresses, and points of contact for 
        those destinations.
            ``(18) Any other information as may be required by the 
        Attorney General, in consultation with the Secretary of 
        Homeland Security.'';
            (5) by inserting after section 112 the following:

``SEC. 112A. INTERNATIONAL TRAVEL NOTIFICATION REQUIREMENTS FOR 
              JURISDICTIONS.

    ``(a) Jurisdiction Notice to Sex Offender.--Within 180 days after 
enactment of this section, the SMART Office shall provide jurisdictions 
with notice of the international travel notification requirements of 
this title--
            ``(1) each jurisdiction shall ensure each previously 
        registered sex offender is advised of such duties at the 
        earliest practicable opportunity;
            ``(2) each jurisdiction shall ensure that newly registered 
        sex offenders have been previously advised of the duties upon 
        release and, if necessary, advise the sex offender of the 
        requirement at such time as he or she initially registers; and
            ``(3) jurisdictions shall require sex offenders to 
        acknowledge, in writing, that the sex offenders have been 
        advised of the duty to notify their residential jurisdiction of 
        registration of the intent to from the United States.
    ``(b) Notice to the SMART Office.--As expeditiously as possible, 
but no later than three calendar days from the date of receipt, and in 
a format prescribed by the SMART Office in consultation with the 
Secretary of Homeland Security, jurisdictions shall send the following 
to the SMART Office:
            ``(1) All International Travel Notification forms as 
        described in section 114a.
            ``(2) All requests for exception to the 21-day notification 
        timeframe pursuant to section 16913a(b).
            ``(3) Any update received from a sex offender regarding a 
        change in travel dates or locations.
    ``(c) Retention of Documents.--Jurisdictions shall retain originals 
of the advisement of duty to notify.
    ``(d) Response to Inquiries.--
            ``(1) Each jurisdiction shall respond to inquiries from the 
        SMART Office, the Department of State, the Department of 
        Homeland Security or the Department of Justice with regard to a 
        specific sex offender as soon as practicable, but at no time 
        later than five calendar days after receipt of the request.
            ``(2) Original documents shall be sent only upon specific 
        request.
            ``(3) Information requested may include, but not be limited 
        to--
                    ``(A) the criminal history of the sex offender, 
                including--
                            ``(i) the text of the provision of law 
                        defining the sex offense;
                            ``(ii) the dates of all arrests and 
                        convictions related to sex offenses;
                            ``(iii) the status of parole, probation, or 
                        supervised release;
                            ``(iv) registration status; and
                            ``(v) the existence of any outstanding 
                        arrest warrants;
                    ``(B) the most recent available photograph of the 
                sex offender; and
                    ``(C) the time period for which the sex offender is 
                required to register pursuant to the law of the 
                jurisdiction of conviction.
    ``(e) Guidelines.--The Attorney General shall consult with the 
Secretary of Homeland Security and Secretary of State on such 
guidelines and regulations relating to the international travel 
notification requirements of this title.
    ``(f) Disclosure of Investigative Techniques.--Internal operating 
guidelines created by the Department of Homeland Security, Department 
of State, or the Department of Justice reflecting internal operations 
with respect to the international travel notification requirements of 
this subchapter, including methods for investigation and factors for 
evaluation of sex offenders, shall not be disclosed.
    ``(g) Sharing With Foreign Countries.--The Department of Homeland 
Security and Department of Justice, as necessary, may provide 
notification, along with any other information as deemed appropriate, 
to a foreign country of the travel of any sex offender. No notification 
to the sex offender of the sharing of such information is necessary. 
The Department of Homeland Security and the Department of Justice and 
its officers, employees and agents shall be immune from liability for 
any actions taken by foreign countries based on the sharing of such 
information.'';
            (6) by amending section 117--
                    (A) in the section heading, by inserting ``and 
                international travel notification'' after 
                ``registration'';
                    (B) by amending subsection (a)(2) to read as 
                follows:
            ``(2) require the sex offender to read and sign a form 
        stating that the duty to register and to notify their 
        residential jurisdiction of registration of intended 
        international travel has been explained and that the sex 
        offender understands the registration and notification 
        requirement; and'';
                    (C) in subsection (b), by inserting a new sentence 
                at the end as follows: ``In consultation with the 
                Secretary of Homeland Security, such notification shall 
                include advisement of the requirements for 
                international travel notifications to the residential 
                jurisdiction of registration, as required by this 
                title.''; and
                    (D) by adding a new subsection as follows:
    ``(c) Originals.--Original forms signed by the sex offender are to 
be retained indefinitely by the jurisdiction giving notification and 
shall be provided to the Attorney General or Secretary of Homeland 
Security upon request.'';
            (7) in section 146, by adding a new subsection as follows:
    ``(d) Coordination With the Department of Homeland Security.--
            ``(1) The SMART Office shall coordinate operations and 
        guidelines with the Department of Homeland Security with 
        respect to the international travel notification requirements 
        of this title;
            ``(2) As expeditiously as possible, but no later than three 
        calendar days from the date of receipt from a jurisdiction, the 
        SMART Office shall forward to the Department of Homeland 
        Security--
                    ``(A) all International Travel Notification forms;
                    ``(B) all requests for exception to the 21-day 
                notification timeframe pursuant to section 16913a(b); 
                and
                    ``(C) all updates received from sex offenders 
                regarding changes in travel dates or locations.'';
            (8) in section 112(b) by inserting ``with respect to 
        registration for sex offenders'' after ``title'';
            (9) in section 118(b)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) inserting a new paragraph (4) as follows:
            ``(4) any information concerning international travel, 
        including all correspondence with the SMART Office; and''; and
            (10) in section 122 by inserting ``with registration 
        requirements'' after ``comply'' in the section heading.

SEC. 4. THE CYBER CRIMES CENTER AND THE CHILD EXPLOITATION 
              INVESTIGATIONS CENTER.

    (a) Establishment.--
            (1) Generally.--There is established a Cyber Crimes Center 
        within the United States Immigration and Customs Enforcement 
        for the purpose of carrying out the Agency's mission with 
        respect to criminal acts crossing United States borders through 
        cyberspace.
            (2) Child exploitation investigations center.--
                    (A) Within the Cyber Crimes Center, there shall be 
                established the Child Exploitation Investigations 
                Center (CEIC). The CEIC shall coordinate all agency 
                child exploitation initiatives, including child 
                exploitation, child trafficking, and forced child labor 
                and is to focus on child exploitation prevention and 
                enforcement operations, training for Federal, State, 
                local, tribal, and foreign law enforcement agency 
                personnel, and investigative capacity building.
                    (B) The CEIC may collaborate with the National 
                Center for Missing and Exploited Children and other 
                government, nongovernmental, and nonprofit entities as 
                deemed appropriate by the Secretary, for the 
                sponsorship of and participation in outreach and 
                training activities.
    (b) Wounded Warriors Recruitment.--The CEIC is authorized to 
recruit disabled veterans to fill intelligence and investigative 
positions in support of its mission. In support of such veterans, ICE 
shall make available the services of psychologists for, at a minimum, 
annual psychological evaluations.
    (c) Training.--The Cyber Crimes Center is authorized to provide 
training for Federal, State, local, tribal, and foreign law enforcement 
agency personnel engaged in the investigation of crimes within its 
jurisdiction.
    (d) Cooperative Agreements.--The Cyber Crimes Center is authorized 
to enter into Cooperative Agreements to accomplish its mission and the 
goals of this section.
    (e) Public Awareness Campaigns.--The Cyber Crimes Center is 
authorized to solicit, engage with, and accept assistance from the 
Virtual Global Taskforce, not-for-profit organizations, and educational 
institutions in the creation and advancement of public awareness 
campaigns in furtherance of its mission. Public awareness campaigns in 
coordination with such entities are not to be subject to the Federal 
Acquisition Regulations for competition when the services are donated 
or of minimal cost to the government.
    (f) Research and Development.--The Attorney General, in 
consultation with the Secretary of Homeland Security, shall conduct 
research and development for the purpose of border security and law 
enforcement development toward the prevention and investigation of 
child exploitation crimes, there are authorized to be appropriated 
$10,000,000 for each of fiscal years 2011, 2012, and 2013 to national 
research and development laboratories. The CEIC, other law enforcement 
agencies, for-profit and nonprofit entities, and universities may 
subcontract for such research and development.
    (g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated--
            (1) for carrying out the general mission of the Cyber 
        Crimes Center--
                    (A) $40,000,000 for fiscal year 2011, $20,000,000 
                of which is to be allocated to the CEIC;
                    (B) fiscal year 2012 shall be allocated 
                $16,000,000;
                    (C) fiscal year 2013 shall be allocated 
                $19,000,000;
                    (D) fiscal year 2014 shall be allocated 
                $18,000,000; and
                    (E) fiscal year 2015 shall be allocated 
                $23,000,000;
            (2) for training of Federal, State, local, tribal, and 
        foreign officers--
                    (A) $3,000,000 for fiscal year 2011, $2,000,000 of 
                which is to be allocated to CEIC; and
                    (B) $2,000,000 for each of the 5 succeeding fiscal 
                years;
            (3) for the recruitment and employment of disabled 
        veterans--
                    (A) $40,000,000 for fiscal year 2011 to be 
                allocated to CEIC; and
                    (B) such sums as may be necessary for each of the 5 
                succeeding fiscal years; and
            (4) for public awareness campaigns--
                    (A) $1,000,000 for fiscal year 2011, $500,000 of 
                which is to be allocated to CEIC; and
                    (B) such sums as may be necessary for each of the 5 
                succeeding fiscal years.

SEC. 5. SUBPOENA AUTHORITY.

    Section 3486 of title 18, United States Code is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A)--
                            (i) by redesignating clause (ii) as clause 
                        (iii);
                            (ii) by striking clause (i) and inserting 
                        the following:
                            ``(i) a Federal health care offense, the 
                        Attorney General;
                            ``(ii) a Federal offense involving the 
                        sexual exploitation or abuse of children, the 
                        Attorney General, the Secretary of Homeland 
                        Security, or the Postmaster General; or''; and
                            (iii) in clause (iii), as redesignated, by 
                        striking ``the Treasury'' and inserting ``of 
                        Homeland Security'';
                    (B) in subparagraph (D), by inserting ``, 2250'' 
                after ``2243'';
                    (C) in paragraph (6)(A), by striking ``United 
                State'' and inserting ``United States'';
                    (D) in paragraph (9), by striking ``paragraph 
                (1)(A)(i)(II) or (1)(A)(ii)'' and inserting ``paragraph 
                (1)(A)(ii) or (1)(A)(iii)''; and
                    (E) in paragraph (10), by striking ``paragraph 
                (1)(A)(ii), the Secretary of the Treasury'' and 
                inserting ``paragraph (1)(A)(iii), the Secretary of 
                Homeland Security''; and
            (2) in subsection (c)--
                    (A) in the first sentence, by inserting ``, in 
                coordination with the Secretary of Homeland Security or 
                the Postmaster General, as appropriate,'' after ``the 
                Attorney General''; and
                    (B) in the second sentence, by striking ``appear 
                before the Attorney General'' and inserting ``appear 
                before the Government officer that issued the 
                subpoena''.
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