1.This Act may be cited as the
Sex Offender Notification of
International Travel Act
.
2.Findings and
declaration of purpose
(a)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)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.
3.Sex offender
international travel notification program for purposes of border
securityThe 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:
113a.International
travel notification requirements for sex offenders
(a)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)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)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 registrationSex 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:
114a.Information
required for international travel for purposes of border securityThe 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:
112a.International
travel notification requirements for jurisdictions
(a)Jurisdiction
notice to sex offenderWithin 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 officeAs 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)Jurisdictions shall retain originals of the advisement
of duty to notify.
(d)
(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)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 techniquesInternal 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 countriesThe 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)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.
4.The Cyber Crimes
Center and the Child Exploitation Investigations Center
(a)
(1)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
recruitmentThe 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)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)The Cyber Crimes Center is authorized to enter into
Cooperative Agreements to accomplish its mission and the goals of this
section.
(e)Public awareness
campaignsThe 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)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
appropriationsFor 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.
5.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
.