[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 515 Reported in Senate (RS)]
<DOC>
Calendar No. 296
114th CONGRESS
1st Session
H. R. 515
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2015
Received
February 4, 2015
Read twice and referred to the Committee on Foreign Relations
November 17, 2015
Reported by Mr. Corker, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To protect children from exploitation, especially sex trafficking in
tourism, by providing advance notice of intended travel by registered
child-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 child-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,
<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``International Megan's Law to Prevent Demand for Child Sex
Trafficking''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title and table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Angel Watch Center.
<DELETED>Sec. 5. Sense of Congress provisions.
<DELETED>Sec. 6. Enhancing the minimum standards for the elimination of
trafficking.
<DELETED>Sec. 7. Assistance to foreign countries to meet minimum
standards for the elimination of
trafficking.
<DELETED>Sec. 8. Rules of construction.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Law enforcement reports indicate that known
child-sex offenders are traveling internationally, and that the
criminal background of such individuals may not be known to
local law enforcement prior to their arrival.</DELETED>
<DELETED> (5) The commercial sexual exploitation of minors
in child sex trafficking and pornography is a global
phenomenon. The International Labour Organization has estimated
that 1.8 million children worldwide are victims of child sex
trafficking and pornography each year.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) According to research conducted by The
Protection Project of The Johns Hopkins University Paul H.
Nitze School of Advanced International Studies, sex tourists
from the United States who target children form a significant
percentage of child sex tourists in some of the most
significant destination countries for child sex
tourism.</DELETED>
<DELETED> (8) In order to protect children, it is essential
that United States law enforcement be able to identify child-
sex offenders in the United States who are traveling abroad and
child-sex offenders from other countries entering the United
States. Such identification requires cooperative efforts
between the United States and foreign governments. In exchange
for providing notice of child-sex offenders traveling to the
United States, foreign authorities will expect United States
authorities to provide reciprocal notice of child-sex offenders
traveling to their countries.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Center.--The term ``Center'' means the Angel
Watch Center established pursuant to section 4(a).</DELETED>
<DELETED> (2) Child-sex offender.--</DELETED>
<DELETED> (A) In general.--The term ``child-sex
offender'' means an individual who is a sex offender
described in paragraph (3) or (4) of section 111 of the
Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16911) by reason of being convicted of a child-
sex offense.</DELETED>
<DELETED> (B) Definition of convicted.--In this
paragraph, the term ``convicted'' has the meaning given
the term in paragraph (8) of section 111 of such
Act.</DELETED>
<DELETED> (3) Child-sex offense.--</DELETED>
<DELETED> (A) In general.--The term ``child-sex
offense'' means a specified offense against a minor, as
defined in paragraph (7) of section 111 of the Adam
Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16911), including--</DELETED>
<DELETED> (i) an offense (unless committed
by a parent or guardian) involving
kidnapping;</DELETED>
<DELETED> (ii) an offense (unless committed
by a parent or guardian) involving false
imprisonment;</DELETED>
<DELETED> (iii) solicitation to engage in
sexual conduct;</DELETED>
<DELETED> (iv) use in a sexual
performance;</DELETED>
<DELETED> (v) solicitation to practice
prostitution;</DELETED>
<DELETED> (vi) video voyeurism as described
in section 1801 of title 18, United States
Code;</DELETED>
<DELETED> (vii) possession, production, or
distribution of child pornography;</DELETED>
<DELETED> (viii) criminal sexual conduct
involving a minor, or the use of the Internet
to facilitate or attempt such conduct;
and</DELETED>
<DELETED> (ix) any conduct that by its
nature is a sex offense against a
minor.</DELETED>
<DELETED> (B) Other offenses.--The term ``child-sex
offense'' includes a sex offense described in paragraph
(5)(A) of section 111 of the Adam Walsh Child
Protection and Safety Act of 2006 that is a specified
offense against a minor, as defined in paragraph (7) of
such section.</DELETED>
<DELETED> (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 shall apply with respect to a child-sex
offense 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.</DELETED>
<DELETED> (4) Jurisdiction.--The term ``jurisdiction'' means
any of the following:</DELETED>
<DELETED> (A) A State.</DELETED>
<DELETED> (B) The District of Columbia.</DELETED>
<DELETED> (C) The Commonwealth of Puerto
Rico.</DELETED>
<DELETED> (D) Guam.</DELETED>
<DELETED> (E) American Samoa.</DELETED>
<DELETED> (F) The Northern Mariana
Islands.</DELETED>
<DELETED> (G) The United States Virgin
Islands.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Minor.--The term ``minor'' means an individual
who has not attained the age of 18 years.</DELETED>
<DELETED>SEC. 4. ANGEL WATCH CENTER.</DELETED>
<DELETED> (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 United
States Immigration and Customs Enforcement (ICE) of the Department of
Homeland Security a Center, to be known as the ``Angel Watch Center'',
to carry out the activities specified in subsection (d).</DELETED>
<DELETED> (b) Leadership.--The Center shall be headed by the
Director of ICE, in collaboration with the Commissioner of United
States Customs and Border Protection (CBP) and in consultation with the
Attorney General.</DELETED>
<DELETED> (c) Members.--The Center shall consist of the
following:</DELETED>
<DELETED> (1) The Director of ICE.</DELETED>
<DELETED> (2) The Commissioner of CBP.</DELETED>
<DELETED> (3) Individuals who are designated as analysts in
ICE or CBP.</DELETED>
<DELETED> (4) Individuals who are designated as program
managers in ICE or CBP.</DELETED>
<DELETED> (d) Activities.--</DELETED>
<DELETED> (1) In general.--The Center shall carry out the
following activities:</DELETED>
<DELETED> (A) Receive information on travel by
child-sex offenders.</DELETED>
<DELETED> (B) Establish a system to maintain and
archive all relevant information, including the
response of destination countries to notifications
under subsection (e) where available, and decisions not
to transmit notification abroad.</DELETED>
<DELETED> (C) Establish an annual review process to
ensure that the Center is consistent in procedures to
provide notification to destination countries or not to
provide notification to destination countries, as
appropriate.</DELETED>
<DELETED> (2) Information required.--The United States
Marshals Service's National Sex Offender Targeting Office shall
make available to the Center information on travel by child-sex
offenders in a timely manner for purposes of carrying out the
activities described in paragraph (1) and subsection
(e).</DELETED>
<DELETED> (e) Notification.--</DELETED>
<DELETED> (1) To countries of destination.--</DELETED>
<DELETED> (A) In general.--The Center may transmit
notice of impending or current international travel of
a child-sex offender to the country or countries of
destination of the child-sex offender, including to the
visa-issuing agent or agents in the United States of
the country or countries.</DELETED>
<DELETED> (B) Form.--The notice under this paragraph
may be transmitted through such means as determined
appropriate by the Center, including through an ICE
attache.</DELETED>
<DELETED> (2) To offenders.--</DELETED>
<DELETED> (A) General notification.--</DELETED>
<DELETED> (i) In general.--If the Center
transmits notice under paragraph (1) of
impending international travel of a child-sex
offender to the country or countries of
destination of the child-sex offender, the
Secretary of Homeland Security, in conjunction
with any appropriate agency, shall make
reasonable efforts to provide constructive
notice through electronic or telephonic
communication to the child-sex offender prior
to the child-sex offender's arrival in the
country or countries.</DELETED>
<DELETED> (ii) Exception.--The requirement
to provide constructive notice under clause (i)
shall not apply in the case of impending
international travel of a child-sex offender to
the country or countries of destination of the
child-sex offender if such constructive notice
would conflict with an existing investigation
involving the child-sex offender.</DELETED>
<DELETED> (B) Specific notification regarding risk
to life or well-being of offender.--If the Center has
reason to believe that to transmit notice under
paragraph (1) poses a risk to the life or well-being of
the child-sex offender, the Center shall make
reasonable efforts to provide constructive notice
through electronic or telephonic communication to the
child-sex offender of such risk.</DELETED>
<DELETED> (C) Specific notification regarding
probable denial of entry to offender.--If the Center
has reason to believe that a country of destination of
the child-sex offender is highly likely to deny entry
to the child-sex offender due to transmission of notice
under paragraph (1), the Center shall make reasonable
efforts to provide constructive notice through
electronic or telephonic communication to the child-sex
offender of such probable denial.</DELETED>
<DELETED> (3) Sunset.--The authority of paragraph (1) shall
terminate with respect to a child-sex offender beginning as of
the close of the last day of the registration period of such
child-sex offender under section 115 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16915).</DELETED>
<DELETED> (f) Complaint Review.--The Center shall establish a
mechanism to receive complaints from child-sex offenders affected by
notifications of destination countries of such child-sex offenders
under subsection (e).</DELETED>
<DELETED> (g) Consultations.--The Center shall seek to engage in
ongoing consultations with--</DELETED>
<DELETED> (1) nongovernmental organizations, including
faith-based organizations, that have experience and expertise
in identifying and preventing child sex tourism and rescuing
and rehabilitating minor victims of international sexual
exploitation and trafficking;</DELETED>
<DELETED> (2) the governments of countries interested in
cooperating in the creation of an international sex offender
travel notification system or that are primary destination or
source countries for international sex tourism; and</DELETED>
<DELETED> (3) Internet service and software providers
regarding available and potential technology to facilitate the
implementation of an international sex offender travel
notification system, both in the United States and in other
countries.</DELETED>
<DELETED> (h) Technical Assistance.--The Secretary of Homeland
Security and the Secretary of State 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 section.</DELETED>
<DELETED>SEC. 5. SENSE OF CONGRESS PROVISIONS.</DELETED>
<DELETED> (a) Bilateral Agreements.--It is the sense of Congress
that the President should negotiate memoranda of understanding or other
bilateral agreements with foreign governments to further the purposes
of this Act and the amendments made by this Act, including by--
</DELETED>
<DELETED> (1) establishing systems to receive and transmit
notices as required by title I of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.);
and</DELETED>
<DELETED> (2) establishing mechanisms for private companies
and nongovernmental organizations to report on a voluntary
basis suspected child pornography or exploitation to foreign
governments, the nearest United States embassy in cases in
which a possible United States citizen may be involved, or
other appropriate entities.</DELETED>
<DELETED> (b) Notification to the United States of Child-Sex
Offenses Committed Abroad.--It is the sense of Congress that the
President should formally request foreign governments to notify the
United States when a United States citizen has been arrested,
convicted, sentenced, or completed a prison sentence for a child-sex
offense in the foreign country.</DELETED>
<DELETED>SEC. 6. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.</DELETED>
<DELETED> Section 108(b)(4) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7106(b)(4)) is amended by adding at the end
before the period the following: ``, including severe forms of
trafficking in persons related to sex tourism''.</DELETED>
<DELETED>SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS FOR THE ELIMINATION OF TRAFFICKING.</DELETED>
<DELETED> The President is strongly encouraged to exercise the
authorities of section 134 of the Foreign Assistance Act of 1961 (22
U.S.C. 2152d) to provide assistance to foreign countries directly, or
through nongovernmental and multilateral organizations, for programs,
projects, and activities, including training of law enforcement
entities and officials, designed to establish systems to identify sex
offenders and provide and receive notification of child sex offender
international travel.</DELETED>
<DELETED>SEC. 8. RULES OF CONSTRUCTION.</DELETED>
<DELETED> (a) Department of Justice.--Nothing in this Act shall be
construed to preclude or alter the jurisdiction or authority of the
Department of Justice under the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.), including section 113(d) of such
Act, or any other provision of law, or to affect the work of the United
States Marshals Service with INTERPOL.</DELETED>
<DELETED> (b) Angel Watch Center.--Nothing in this Act shall be
construed to preclude the Angel Watch Center from transmitting notice
with respect to any sex offender described in paragraph (3) or (4) of
section 111 of the Adam Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16911) or with respect to any sex offense described in
paragraph (5) of such section.</DELETED>
<DELETED> (c) Department of Homeland Security Investigations.--
Activities carried out under this Act shall not impede, hinder, or
otherwise impact negatively any investigations of the Department of
Homeland Security.</DELETED>
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 the Secretary of State,
the Attorney General, and the Secretary of Homeland Security such sums
as may be necessary to carry out this Act.
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.
Amend the title so as to read: ``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.''.
Calendar No. 296
114th CONGRESS
1st Session
H. R. 515
_______________________________________________________________________
AN ACT
To protect children from exploitation, especially sex trafficking in
tourism, by providing advance notice of intended travel by registered
child-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 child-sex offender is seeking to enter the
United States, and for other purposes.
_______________________________________________________________________
November 17, 2015
Reported with an amendment and an amendment to the title