[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 515 Enrolled Bill (ENR)]
H.R.515
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To protect children and others from sexual abuse and exploitation,
including sex trafficking and sex tourism, by providing advance notice
of intended travel by registered sex offenders outside the United States
to the government of the country of destination, requesting foreign
governments to notify the United States when a known sex offender is
seeking to enter the United States, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International
Megan's Law to Prevent Child Exploitation and Other Sexual Crimes
Through Advanced Notification of Traveling Sex Offenders''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Angel Watch Center.
Sec. 5. Notification by the United States Marshals Service.
Sec. 6. International travel.
Sec. 7. Reciprocal notifications.
Sec. 8. Unique passport identifiers for covered sex offenders.
Sec. 9. Implementation plan.
Sec. 10. Technical assistance.
Sec. 11. Authorization of appropriations.
Sec. 12. Rule of construction.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Megan Nicole Kanka, who was 7 years old, was abducted,
sexually assaulted, and murdered in 1994, in the State of New
Jersey by a violent predator living across the street from her
home. Unbeknownst to Megan Kanka and her family, he had been
convicted previously of a sex offense against a child.
(2) In 1996, Congress adopted Megan's Law (Public Law 104-145)
as a means to encourage States to protect children by identifying
the whereabouts of sex offenders and providing the means to monitor
their activities.
(3) In 2006, Congress passed the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) to protect children and
the public at large by establishing a comprehensive national system
for the registration and notification to the public and law
enforcement officers of convicted sex offenders.
(4) Law enforcement reports indicate that known child-sex
offenders are traveling internationally.
(5) The commercial sexual exploitation of minors in child sex
trafficking and pornography is a global phenomenon. The
International Labour Organization has estimated that 1,8000,000
children worldwide are victims of child sex trafficking and
pornography each year.
(6) Child sex tourism, where an individual travels to a foreign
country and engages in sexual activity with a child in that
country, is a form of child exploitation and, where commercial,
child sex trafficking.
SEC. 3. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the Angel Watch Center
established pursuant to section 4(a).
(2) Convicted.--The term ``convicted'' has the meaning given
the term in section 111 of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16911).
(3) Covered sex offender.--Except as otherwise provided, the
term ``covered sex offender'' means an individual who is a sex
offender by reason of having been convicted of a sex offense
against a minor.
(4) Destination country.--The term ``destination country''
means a destination or transit country.
(5) Interpol.--The term ``INTERPOL'' means the International
Criminal Police Organization.
(6) Jurisdiction.--The term ``jurisdiction'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Northern Mariana Islands;
(G) the United States Virgin Islands; and
(H) to the extent provided in, and subject to the
requirements of, section 127 of the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16927), a Federally
recognized Indian tribe.
(7) Minor.--The term ``minor'' means an individual who has not
attained the age of 18 years.
(8) National sex offender registry.--The term ``National Sex
Offender Registry'' means the National Sex Offender Registry
established by section 119 of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16919).
(9) Sex offender under sorna.--The term ``sex offender under
SORNA'' has the meaning given the term ``sex offender'' in section
111 of the Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16911).
(10) Sex offense against a minor.--
(A) In general.--The term ``sex offense against a minor''
means a specified offense against a minor, as defined in
section 111 of the Adam Walsh Child Protection and Safety Act
of 2006 (42 U.S.C. 16911).
(B) Other offenses.--The term ``sex offense against a
minor'' includes a sex offense described in section 111(5)(A)
of the Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16911(5)(A)) that is a specified offense against a
minor, as defined in paragraph (7) of such section, or an
attempt or conspiracy to commit such an offense.
(C) Foreign convictions; offenses involving consensual
sexual conduct.--The limitations contained in subparagraphs (B)
and (C) of section 111(5) of the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16911(5)) shall apply with
respect to a sex offense against a minor for purposes of this
Act to the same extent and in the same manner as such
limitations apply with respect to a sex offense for purposes of
the Adam Walsh Child Protection and Safety Act of 2006.
SEC. 4. ANGEL WATCH CENTER.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish within the Child Exploitation Investigations Unit of U.S.
Immigrations and Customs Enforcement a Center, to be known as the
``Angel Watch Center'', to carry out the activities specified in
subsection (e).
(b) Incoming Notification.--
(1) In general.--The Center may receive incoming notifications
concerning individuals seeking to enter the United States who have
committed offenses of a sexual nature.
(2) Notification.--Upon receiving an incoming notification
under paragraph (1), the Center shall--
(A) immediately share all information received relating to
the individual with the Department of Justice; and
(B) share all relevant information relating to the
individual with other Federal, State, and local agencies and
entities, as appropriate.
(3) Collaboration.--The Secretary of Homeland Security shall
collaborate with the Attorney General to establish a process for
the receipt, dissemination, and categorization of information
relating to individuals and specific offenses provided herein.
(c) Leadership.--The Center shall be headed by the Assistant
Secretary of U.S. Immigration and Customs Enforcement, in collaboration
with the Commissioner of U.S. Customs and Border Protection and in
consultation with the Attorney General and the Secretary of State.
(d) Members.--The Center shall consist of the following:
(1) The Assistant Secretary of U.S. Immigration and Customs
Enforcement.
(2) The Commissioner of U.S. Customs and Border Protection.
(3) Individuals who are designated as analysts in U.S.
Immigration and Customs Enforcement or U.S. Customs and Border
Protection.
(4) Individuals who are designated as program managers in U.S.
Immigration and Customs Enforcement or U.S. Customs and Border
Protection.
(e) Activities.--
(1) In general.--In carrying out this section, the Center
shall, using all relevant databases, systems and sources of
information, not later than 48 hours before scheduled departure, or
as soon as practicable before scheduled departure--
(A) determine if individuals traveling abroad are listed on
the National Sex Offender Registry;
(B) review the United States Marshals Service's National
Sex Offender Targeting Center case management system or other
system that provides access to a list of individuals who have
provided advanced notice of international travel to identify
any individual who meets the criteria described in subparagraph
(A) and is not in a system reviewed pursuant to this
subparagraph; and
(C) provide a list of individuals identified under
subparagraph (B) to the United States Marshals Service's
National Sex Offender Targeting Center to determine compliance
with title I of the Adam Walsh Child Protection and Safety Act
of 2006 (42 U.S.C. 16901 et seq.).
(2) Provision of information to center.--Twenty-four hours
before the intended travel, or thereafter, not later than 72 hours
after the intended travel, the United States Marshals Service's
National Sex Offender Targeting Center shall provide, to the Angel
Watch Center, information pertaining to any sex offender described
in subparagraph (C) of paragraph (1).
(3) Advance notice to destination country.--
(A) In general.--The Center may transmit relevant
information to the destination country about a sex offender
if--
(i) the individual is identified by a review conducted
under paragraph (1)(B) as having provided advanced notice
of international travel; or
(ii) after completing the activities described in
paragraph (1), the Center receives information pertaining
to a sex offender under paragraph (2).
(B) Exceptions.--The Center may immediately transmit
relevant information on a sex offender to the destination
country if--
(i) the Center becomes aware that a sex offender is
traveling outside of the United States within 24 hours of
intended travel, and simultaneously completes the
activities described in paragraph (1); or
(ii) the Center has not received a transmission
pursuant to paragraph (2), provided it is not more than 24
hours before the intended travel.
(C) Corrections.--Upon receiving information that a
notification sent by the Center regarding an individual was
inaccurate, the Center shall immediately--
(i) send a notification of correction to the
destination country notified;
(ii) correct all data collected pursuant to paragraph
(6); and
(iii) if applicable, notify the Secretary of State for
purposes of the passport review and marking processes
described in section 240 of Public Law 110-457.
(D) Form.--The notification under this paragraph may be
transmitted through such means as are determined appropriate by
the Center, including through U.S. Immigration and Customs
Enforcement attaches.
(4) Memorandum of agreement.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Homeland Security
shall enter into a Memorandum of Agreement with the Attorney
General to facilitate the activities of the Angel Watch Center in
collaboration with the United States Marshals Service's National
Sex Offender Targeting Center, including the exchange of
information, the sharing of personnel, access to information and
databases in accordance with paragraph (1)(B), and the
establishment of a process to share notifications from the
international community in accordance with subsection (b)(1).
(5) Passport application review.--
(A) In general.--The Center shall provide a written
determination to the Department of State regarding the status
of an individual as a covered sex offender (as defined in
section 240 of Public Law 110-457) when appropriate.
(B) Effective date.--Subparagraph (A) shall take effect
upon certification by the Secretary of State, the Secretary of
Homeland Security, and the Attorney General that the process
developed and reported to the appropriate congressional
committees under section 9 has been successfully implemented.
(6) Collection of data.--The Center shall collect all relevant
data, including--
(A) a record of each notification sent under paragraph (3);
(B) the response of the destination country to
notifications under paragraph (3), where available;
(C) any decision not to transmit a notification abroad, to
the extent practicable;
(D) the number of transmissions made under subparagraphs
(A),(B), and (C) of paragraph (3) and the countries to which
they are transmitted, respectively;
(E) whether the information was transmitted to the
destination country before scheduled commencement of sex
offender travel; and
(F) any other information deemed necessary and appropriate
by the Secretary of Homeland Security.
(7) Complaint review.--
(A) In general.--The Center shall--
(i) establish a mechanism to receive complaints from
individuals affected by erroneous notifications under this
section;
(ii) ensure that any complaint is promptly reviewed;
and
(iii) in the case of a complaint that involves a
notification sent by another Federal Government entity,
notify the individual of the contact information for the
appropriate entity and forward the complaint to the
appropriate entity for prompt review and response pursuant
to this section.
(B) Response to complaints.--The Center shall, as
applicable--
(i) provide the individual with notification in writing
that the individual was erroneously subjected to
international notification;
(ii) take action to ensure that a notification or
information regarding the individual is not erroneously
transmitted to a destination country in the future; and
(iii) submit an additional written notification to the
individual explaining why a notification or information
regarding the individual was erroneously transmitted to the
destination country and describing the actions that the
Center has taken or is taking under clause (ii).
(C) Public awareness.--The Center shall make publicly
available information on how an individual may submit a
complaint under this section.
(D) Reporting requirement.--The Secretary of Homeland
Security shall submit an annual report to the appropriate
congressional committees (as defined in section 9) that
includes--
(i) the number of instances in which a notification or
information was erroneously transmitted to the destination
country of an individual under paragraph (3); and
(ii) the actions taken to prevent similar errors from
occurring in the future.
(8) Annual review process.--The Center shall establish, in
coordination with the Attorney General, the Secretary of State, and
INTERPOL, an annual review process to ensure that there is
appropriate coordination and collaboration, including consistent
procedures governing the activities authorized under this Act, in
carrying out this Act.
(9) Information required.--The Center shall make available to
the United States Marshals Service's National Sex Offender
Targeting Center information on travel by sex offenders in a timely
manner.
(f) Definition.--In this section, the term ``sex offender'' means--
(1) a covered sex offender; or
(2) an individual required to register under the sex offender
registration program of any jurisdiction or included in the
National Sex Offender Registry, on the basis of an offense against
a minor.
SEC. 5. NOTIFICATION BY THE UNITED STATES MARSHALS SERVICE.
(a) In General.--The United States Marshals Service's National Sex
Offender Targeting Center may--
(1) transmit notification of international travel of a sex
offender to the destination country of the sex offender, including
to the visa-issuing agent or agents in the United States of the
country;
(2) share information relating to traveling sex offenders with
other Federal, State, local, and foreign agencies and entities, as
appropriate;
(3) receive incoming notifications concerning individuals
seeking to enter the United States who have committed offenses of a
sexual nature and shall share the information received immediately
with the Department of Homeland Security; and
(4) perform such other functions at the Attorney General or the
Director of the United States Marshals Service may direct.
(b) Consistent Notification.--In making notifications under
subsection (a)(1), the United States Marshals Service's National Sex
Offender Targeting Center shall, to the extent feasible and
appropriate, ensure that the destination country is consistently
notified in advance about sex offenders under SORNA identified through
their inclusion in sex offender registries of jurisdictions or the
National Sex Offender Registry.
(c) Information Required.--For purposes of carrying out this Act,
the United States Marshals Service's National Sex Offender Targeting
Center shall--
(1) make the case management system or other system that
provides access to a list of individuals who have provided advanced
notice of international travel available to the Angel Watch Center;
(2) provide the Angel Watch Center a determination of
compliance with title I of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.) for the list of
individuals transmitted under section 4(e)(1)(C);
(3) make available to the Angel Watch Center information on
travel by sex offenders in a timely manner; and
(4) consult with the Department of State regarding operation of
the international notification program authorized under this Act.
(d) Corrections.--Upon receiving information that a notification
sent by the United States Marshals Service's National Sex Offender
Targeting Center regarding an individual was inaccurate, the United
States Marshals Service's National Sex Offender Targeting Center shall
immediately--
(1) send a notification of correction to the destination
country notified;
(2) correct all data collected in accordance with subsection
(f); and
(3) if applicable, send a notification of correction to the
Angel Watch Center.
(e) Form.--The notification under this section may be transmitted
through such means as are determined appropriate by the United States
Marshals Service's National Sex Offender Targeting Center, including
through the INTERPOL notification system and through Federal Bureau of
Investigation Legal attaches.
(f) Collection of Data.--The Attorney General shall collect all
relevant data, including--
(1) a record of each notification sent under subsection (a);
(2) the response of the destination country to notifications
under paragraphs (1) and (2) of subsection (a), where available;
(3) any decision not to transmit a notification abroad, to the
extent practicable;
(4) the number of transmissions made under paragraphs (1) and
(2) of subsection (a) and the countries to which they are
transmitted;
(5) whether the information was transmitted to the destination
country before scheduled commencement of sex offender travel; and
(6) any other information deemed necessary and appropriate by
the Attorney General.
(g) Complaint Review.--
(1) In general.--The United States Marshals Service's National
Sex Offender Targeting Center shall--
(A) establish a mechanism to receive complaints from
individuals affected by erroneous notifications under this
section;
(B) ensure that any complaint is promptly reviewed; and
(C) in the case of a complaint that involves a notification
sent by another Federal Government entity, notify the
individual of the contact information for the appropriate
entity and forward the complaint to the appropriate entity for
prompt review and response pursuant to this section.
(2) Response to complaints.--The United States Marshals
Service's National Sex Offender Targeting Center shall, as
applicable--
(A) provide the individual with notification in writing
that the individual was erroneously subjected to international
notification;
(B) take action to ensure that a notification or
information regarding the individual is not erroneously
transmitted to a destination country in the future; and
(C) submit an additional written notification to the
individual explaining why a notification or information
regarding the individual was erroneously transmitted to the
destination country and describing the actions that the United
States Marshals Service's National Sex Offender Targeting
Center has taken or is taking under subparagraph (B).
(3) Public awareness.--The United States Marshals Service's
National Sex Offender Targeting Center shall make publicly
available information on how an individual may submit a complaint
under this section.
(4) Reporting requirement.--The Attorney General shall submit
an annual report to the appropriate congressional committees (as
defined in section 9) that includes--
(A) the number of instances in which a notification or
information was erroneously transmitted to the destination
country of an individual under subsection (a); and
(B) the actions taken to prevent similar errors from
occurring in the future.
(h) Definition.--In this section, the term ``sex offender'' means--
(1) a sex offender under SORNA; or
(2) a person required to register under the sex offender
registration program of any jurisdiction or included in the
National Sex Offender Registry.
SEC. 6. INTERNATIONAL TRAVEL.
(a) Requirement That Sex Offenders Provide International Travel
Related Information To Sex Offender Registries.--Section 114 of the
Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16914) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph (8); and;
(B) by inserting after paragraph (6) the following:
``(7) Information relating to intended travel of the sex
offender outside the United States, including any anticipated dates
and places of departure, arrival, or return, carrier and flight
numbers for air travel, destination country and address or other
contact information therein, means and purpose of travel, and any
other itinerary or other travel-related information required by the
Attorney General.''; and
(2) by adding at the end the following:
``(c) Time and Manner.--A sex offender shall provide and update
information required under subsection (a), including information
relating to intended travel outside the United States required under
paragraph (7) of that subsection, in conformity with any time and
manner requirements prescribed by the Attorney General.''.
(b) Conforming Amendments to Section 2250 of Title 18, United
States Code.--Section 2250 of title 18, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(2) by inserting after subsection (a) the following:
``(b) International Travel Reporting Violations.--Whoever--
``(1) is required to register under the Sex Offender
Registration and Notification Act (42 U.S.C. 16901 et seq.);
``(2) knowingly fails to provide information required by the
Sex Offender Registration and Notification Act relating to intended
travel in foreign commerce; and
``(3) engages or attempts to engage in the intended travel in
foreign commerce;
shall be fined under this title, imprisoned not more than 10 years, or
both.''; and
(3) in subsections (c) and (d), as redesignated, by striking
``subsection (a)'' each place it appears and inserting ``subsection
(a) or (b)''.
(c) Implementation.--In carrying out this Act, and the amendments
made by this Act, the Attorney General may use the resources and
capacities of any appropriate agencies of the Department of Justice,
including the Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking, the United States Marshals
Service, INTERPOL Washington-U.S. National Central Bureau, the Federal
Bureau of Investigation, the Criminal Division, and the United States
Attorneys' Offices.
SEC. 7. RECIPROCAL NOTIFICATIONS.
It is the sense of Congress that the Secretary of State, in
consultation with the Attorney General and the Secretary of Homeland
Security, should seek reciprocal international agreements or
arrangements to further the purposes of this Act and the Sex Offender
Registration and Notification Act (42 U.S.C. 16901 et seq.). Such
agreements or arrangements may establish mechanisms and undertakings to
receive and transmit notices concerning international travel by sex
offenders, through the Angel Watch Center, the INTERPOL notification
system, and such other means as may be appropriate, including
notification by the United States to other countries relating to the
travel of sex offenders from the United States, reciprocal notification
by other countries to the United States relating to the travel of sex
offenders to the United States, and mechanisms to correct and, as
applicable, remove from any other records, any inaccurate information
transmitted through such notifications.
SEC. 8. UNIQUE PASSPORT IDENTIFIERS FOR COVERED SEX OFFENDERS.
(a) Amendment to Public Law 110-457.--Title II of Public Law 110-
457 is amended by adding at the end the following:
``SEC. 240. UNIQUE PASSPORT IDENTIFIERS FOR COVERED SEX OFFENDERS.
``(a) In General.--Immediately after receiving a written
determination from the Angel Watch Center that an individual is a
covered sex offender, through the process developed for that purpose
under section 9 of the International Megan's Law to Prevent Child
Exploitation and Other Sexual Crimes Through Advanced Notification of
Traveling Sex Offenders, the Secretary of State shall take appropriate
action under subsection (b).
``(b) Authority To Use Unique Passport Identifiers.--
``(1) In general.--Except as provided under paragraph (2), the
Secretary of State shall not issue a passport to a covered sex
offender unless the passport contains a unique identifier, and may
revoke a passport previously issued without such an identifier of a
covered sex offender.
``(2) Authority to reissue.--Notwithstanding paragraph (1), the
Secretary of State may reissue a passport that does not include a
unique identifier if an individual described in subsection (a)
reapplies for a passport and the Angel Watch Center provides a
written determination, through the process developed for that
purpose under section 9 of the International Megan's Law to Prevent
Child Exploitation and Other Sexual Crimes Through Advanced
Notification of Traveling Sex Offenders, to the Secretary of State
that the individual is no longer required to register as a covered
sex offender.
``(c) Defined Terms.--In this section--
``(1) the term `covered sex offender' means an individual who--
``(A) is a sex offender, as defined in section 4(f) of the
International Megan's Law to Prevent Child Exploitation and
Other Sexual Crimes Through Advanced Notification of Traveling
Sex Offenders; and
``(B) is currently required to register under the sex
offender registration program of any jurisdiction;
``(2) the term `unique identifier' means any visual designation
affixed to a conspicuous location on the passport indicating that
the individual is a covered sex offender; and
``(3) the term `passport' means a passport book or passport
card.
``(d) Prohibition.--The Secretary of State, the Secretary of
Homeland Security, and the Attorney General, and their agencies,
officers, employees, and agents, shall not be liable to any person for
any action taken under this section.
``(e) Disclosure.--In furtherance of this section, the Secretary of
State may require a passport applicant to disclose that they are a
registered sex offender.
``(f) Effective Date.--This section shall take effect upon
certification by the Secretary of State, the Secretary of Homeland
Security, and the Attorney General, that the process developed and
reported to the appropriate congressional committees under section 9 of
the International Megan's Law to Prevent Child Exploitation and Other
Sexual Crimes Through Advanced Notification of Traveling Sex Offenders
has been successfully implemented.''.
SEC. 9. IMPLEMENTATION PLAN.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Homeland Security, the Secretary of
State, and the Attorney General shall develop a process by which to
implement section 4(e)(5) and the provisions of section 240 of Public
Law 110-457, as added by section 8 of this Act.
(b) Reporting Requirement.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Homeland Security, the
Secretary of State, and the Attorney General shall jointly submit a
report to, and shall consult with, the appropriate congressional
committees on the process developed under subsection (a), which shall
include a description of the proposed process and a timeline and plan
for implementation of that process, and shall identify the resources
required to effectively implement that process.
(c) ``Appropriate Congressional Committees'' Defined.--In this
section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Homeland Security and Governmental Affairs
of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the Senate;
(6) the Committee on the Judiciary of the House of
Representatives;
(7) the Committee on Appropriations of the Senate; and
(8) the Committee on Appropriations of the House of
Representatives.
SEC. 10. TECHNICAL ASSISTANCE.
The Secretary of State, in consultation with the Attorney General
and the Secretary of Homeland Security, may provide technical
assistance to foreign authorities in order to enable such authorities
to participate more effectively in the notification program system
established under this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$6,000,000 for each of fiscal years 2017 and 2018.
SEC. 12. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit international
information sharing or law enforcement cooperation relating to any
person pursuant to any authority of the Department of Justice, the
Department of Homeland Security, or any other department or agency.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.