[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