[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1867 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1867

 To protect children from exploitation 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2015

  Mr. Shelby (for himself, Ms. Mikulski, and Mr. Kirk) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To protect children from exploitation by providing advance notice of 
 intended travel by registered sex offenders outside the United States 
  to the government of the country of destination, requesting foreign 
 governments to notify the United States when a known sex offender is 
      seeking to enter the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Megan's Law to Prevent Child Exploitation 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. Definitions.
Sec. 3. Angel Watch Center.
Sec. 4. Notification by the United States Marshals Service.
Sec. 5. International travel.
Sec. 6. Unique passport identifiers for covered sex offenders.
Sec. 7. Access to National Crime Information Center files.
Sec. 8. Rules of Construction.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Center.--The term ``Center'' means the Angel Watch 
        Center established pursuant to section 3(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.--The term ``covered sex 
        offender'' means an individual who is a sex offender by reason 
        of being convicted of a sex offense against a minor.
            (4) INTERPOL.--The term ``INTERPOL'' means the 
        International Criminal Police Organization.
            (5) Jurisdiction.--The term ``jurisdiction'' means any of 
        the following:
                    (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.
                    (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.
            (6) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.
            (7) Official notification.--The term ``official 
        notification'' means a notification developed by the Attorney 
        General, in coordination with the Secretary of Homeland 
        Security and INTERPOL, to provide notification of travel by 
        convicted sex offenders.
            (8) Sex offender.--The term ``sex offender'' 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).
            (9) 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.
                    (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 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.

SEC. 3. 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) Designation.--In accordance with section 128 of the Adam Walsh 
Child Protection and Safety Act of 2006 (42 U.S.C. 16928), the Attorney 
General shall designate the Center as the central repository for 
incoming notifications.
    (c) Leadership.--The Center shall be headed by the Director of 
Immigration and Customs Enforcement, in collaboration with the 
Commissioner of U.S. Customs and Border Protection and in consultation 
with the Attorney General.
    (d) Members.--The Center shall consist of the following:
            (1) The Director of Immigration and Customs Enforcement.
            (2) The Commissioner of Customs and Border Protection.
            (3) The Attorney General (or a designee of the Attorney 
        General).
            (4) Individuals who are designated as analysts in U.S. 
        Immigration and Customs Enforcement or U.S. Customs and Border 
        Protection.
            (5) Individuals who are designated as program managers in 
        U.S. Immigration and Customs Enforcement or U.S. Customs and 
        Border Protection.
            (6) Individuals who are designated as analysts or program 
        managers in the United States Marshals Service's National Sex 
        Offender Targeting Office.
    (e) Activities.--
            (1) In general.--The Center shall, using all relevant 
        databases and systems, not later than 48 hours before scheduled 
        departure--
                    (A) determine if individuals traveling abroad are 
                convicted sex offenders (as defined in section 111 of 
                the Adam Walsh Child Protection and Safety Act of 2006 
                (42 U.S.C. 16911));
                    (B) review United States Marshals Service's 
                National Sex Offender Targeting Center case management 
                system to determine if the individuals described in 
                subparagraph (A) are in such system and create a list 
                of those individuals not in such system; and
                    (C) provide the list described in subparagraph (B) 
                to the United States Marshals Service's National Sex 
                Offender Targeting Center for additional inquiry under 
                section 2250 of title 18, United States Code.
            (2) Transmission of information to center.--Not later than 
        18 hours before the intended travel, the United States Marshals 
        Service's National Sex Offender Targeting Center shall 
        transmit, to the Center, information pertaining to any covered 
        sex offender described in subparagraph (B) or (C) of paragraph 
        (1) in accordance with the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16901 et seq.).
            (3) Advance notice to destination countries.--
                    (A) In general.--Upon receipt of information 
                pertaining to a covered sex offender transmitted under 
                paragraph (2), the Center may transmit relevant 
                information to the destination countries after 
                completing the activities described in paragraph (1).
                    (B) Short-notice travelers.--If an individual 
                traveling abroad, who is a covered sex offender and is 
                not in the United States Marshals Service's National 
                Sex Offender Targeting Center case management system, 
                is departing the United States within 24 hours of the 
                travel becoming known to the Center, the Center may 
                simultaneously transmit information on travel to 
                destination countries while completing activities 
                described in paragraph (1).
                    (C) Exceptions.--The Center may immediately 
                transmit relevant information on the covered sex 
                offender to the destination countries if--
                            (i) the Center becomes aware that a covered 
                        sex offender is traveling outside of the United 
                        States within 24 hours of intended travel; or
                            (ii) the Center has not received a 
                        transmission pursuant to paragraph (2), 
                        provided it is not more than 18 hours before 
                        the intended travel.
            (4) Collection of data.--The Center shall collect all 
        relevant data, including--
                    (A) the response of destination countries to 
                notifications under paragraph (3) and to the 
                transmittal of other relevant information on covered 
                sex offender travel described therein, where available;
                    (B) any decision not to transmit a notification 
                abroad;
                    (C) the number of transmissions made under 
                subparagraphs (A), (B), and (C) of paragraph (3) and 
                the countries to which they are transmitted, 
                respectively;
                    (D) the countries to which notifications under 
                paragraph (3) are sent and the category of notification 
                based upon subparagraphs (A) through (C) of paragraph 
                (3); and
                    (E) any other information deemed necessary and 
                appropriate by the Attorney General and the Secretary 
                of Homeland Security.
            (5) Complaint review.--The Center shall establish a 
        mechanism to receive complaints from covered sex offenders 
        affected by notifications or the sharing of relevant 
        information with destination countries of such covered sex 
        offenders under paragraph (3).
            (6) Annual review process.--The Center shall establish, in 
        coordination with the Attorney General, the Secretary of State, 
        and INTERPOL, an annual review process in to ensure that there 
        are consistent procedures on whether to provide notification to 
        destination countries under this subsection.
            (7) Information required.--The Center shall make available 
        to the United States Marshals Service's National Sex Offender 
        Targeting Center information on travel by convicted sex 
        offenders in a timely manner.

SEC. 4. NOTIFICATION BY THE UNITED STATES MARSHALS SERVICE.

    (a) In General.--The United States Marshals Service's National Sex 
Offender Targeting Center may transmit an official notification of 
impending or current international travel of a convicted sex offender 
to the country or countries of destination of the convicted sex 
offender, including to the visa-issuing agent or agents in the United 
States of the country or countries.
    (b) Information Required.--The United States Marshals Service's 
National Sex Offender Targeting Center shall make available to the 
Center and the Department of State, information on travel by covered 
sex offenders in a timely manner for purposes of carrying out this Act.
    (c) Form.--The official notification under this subsection may be 
transmitted through such means as determined appropriate by the United 
States Marshals Service's National Sex Offender Targeting Center, 
including through the INTERPOL notification system and a U.S. 
Immigration and Customs Enforcement attache.
    (d) Collection of Data.--The United States Marshals Service's 
National Sex Offender Targeting Center shall collect all relevant data, 
including--
            (1) the response of destination countries to notifications 
        under subsection (a) and to the transmittal of other relevant 
        information on convicted sex offender travel, where applicable;
            (2) any decision not to transmit a notification abroad, to 
        the extent practicable;
            (3) the number of transmissions made under subsection (a) 
        and the countries to which they are transmitted, respectively; 
        and
            (4) any other information deemed necessary and appropriate 
        by the Attorney General and the Secretary of Homeland Security.
    (e) Complaint Review.--The United States Marshals Service's 
National Sex Offender Targeting Center shall establish a mechanism to 
receive complaints from convicted sex offenders affected by 
notifications of destination countries of such convicted sex offenders 
under this section.
    (f) 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 section.

SEC. 5. INTERNATIONAL TRAVEL.

    (a) Requirement That Sex Offenders Provide International Travel 
Related Information to Sex Offender Registries.--Section 114(a) of the 
Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16914(a)) 
is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Any information relating to intended travel of the 
        sex offender outside the United States.''.
    (b) Notification of Other Countries.--
            (1) In general.--The Attorney General may notify another 
        country relating to travel outside of the United States by a 
        sex offender.
            (2) Definition of ``sex offender''.--For purposes of this 
        subsection, the Attorney General may determine which 
        individuals shall be considered ``sex offenders'' and may 
        include any individual required to register under Federal law 
        or under the law of any jurisdiction.
    (c) 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)''.
    (d) Sense of Congress.--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 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 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 and notification by other countries to the United 
States relating to the travel of sex offenders to the United States.
    (e) 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 United States Central Bureau, the Federal Bureau of 
Investigation, the Criminal Division, and the United States Attorneys' 
Offices.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to limit international information sharing or law enforcement 
agency cooperation relating to any person pursuant to any authority of 
the Department of Justice or any other department or agency by whatever 
means necessary.

SEC. 6. UNIQUE PASSPORT IDENTIFIERS FOR COVERED SEX OFFENDERS.

    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 confirmation from 
the United States Marshals Service's National Sex Offender Targeting 
Center that a passport applicant is a covered sex offender, the 
Attorney General shall notify the Secretary of State, who shall take 
appropriate action in accordance with subsection (b).
    ``(b) Authority To Use Unique Passport Identifiers.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the Secretary of State may not issue a passport or a passport 
        card to a covered sex offender unless the passport or passport 
        card contains a unique identifier.
            ``(2) Authority to reapply.--Notwithstanding paragraph (1), 
        a covered sex offender may reapply for a passport that does not 
        include a unique identifier if the United States Marshals 
        Service's National Sex Offender Targeting Center confirms that 
        the individual is no longer required to be listed on the 
        applicable sex offender registry.
    ``(c) Defined Term.--In this section--
            ``(1) the term `covered sex offender' has the meaning given 
        the term in section 2 of the International Megan's Law to 
        Provide International Notification of Traveling Sex Offenders; 
        and
            ``(2) the term `unique identifier' means any visual 
        designation affixed to a conspicuous location on the passport 
        or passport card indicating that the individual is a covered 
        sex offender.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to require the Department of State to affix a unique 
identifier to a passport card.''.

SEC. 7. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES.

    (a) In General.--The Attorney General and the Director of the 
Federal Bureau of Investigation shall provide the Secretary of State 
with access to the criminal history record information contained in the 
National Crime Information Center's Interstate Identification Index 
(NCIC-III), National Sex Offender Registry, and to any other files 
maintained by the National Crime Information Center that may be 
mutually agreed upon by the Attorney General and the Secretary of 
State, for the purpose of determining whether a passport applicant is a 
convicted sex offender indexed in any such file.
    (b) Access.--
            (1) In general.--Except as provided in paragraph (2), the 
        access authorized under subsection (a) shall be provided by 
        means of extracts of the records for placement in the automated 
        Consular and Lookout Support System (CLASS) or other 
        appropriate database.
            (2) Reconsideration of means of access.--The provision of 
        extracts under paragraph (1) may be reconsidered by the 
        Attorney General and the Secretary of State upon the 
        development and deployment of a more cost-effective and 
        efficient means of sharing such information.
    (c) Updates.--The Director of the Federal Bureau of Investigation 
shall provide periodic updates of the extracts at intervals mutually 
agreed upon with the Secretary of State. Upon receipt of such updated 
extracts, the Secretary of State shall make corresponding updates to 
its databases and destroy the previously provided extracts.
    (d) Limitation.--Access to an extract under this section does not 
entitle the Secretary of State to obtain the full content of the 
corresponding automated criminal history record.
    (e) Regulations.--For purposes of administering this section, the 
Secretary of State, before receiving access to National Crime 
Information Center data, and not later than 4 months after the date of 
enactment of this Act, shall promulgate final regulations to establish 
the conditions for the use of the information received from the Federal 
Bureau of Investigation--
            (1) to limit the redissemination of such information;
            (2) to ensure that such information is used solely to 
        determine whether an individual is listed as a convicted sex 
        offender;
            (3) to ensure the security, confidentiality, and 
        destruction of such information; and
            (4) to protect any privacy rights of individuals who are 
        subjects of such information.
    (f) Determination if Passport Applicant Is Covered Sex Offender.--
If a check of the National Crime Information Center, National Sex 
Offender Registry shows that a passport applicant is a registered sex 
offender, the Secretary of State shall transmit all relevant 
information about the applicant to the United States Marshals Service's 
National Sex Offender Targeting Center pursuant to an agreement between 
the Attorney General and the Secretary of State requesting a 
determination of whether the applicant is a covered sex offender.
    (g) Reporting Requirement.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General and the Secretary of State 
shall jointly report to Congress on the implementation of this section.
    (h) 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 section.
    (i) Rule of Construction.--Nothing in this section, or in any other 
law, may be construed to limit the authority of the Attorney General or 
the Director of the Federal Bureau of Investigation to provide access 
to the criminal history record information contained in the National 
Crime Information Center's Interstate Identification Index (NCIC-III), 
or to any other information maintained by the National Crime 
Information Center, to any Federal agency or officer authorized to 
enforce or administer the Act of July 3, 1926 (22 U.S.C. 211a), for the 
purpose of such enforcement or administration, upon terms that are 
consistent with National Crime Prevention and Privacy Compact Act of 
1998 (subtitle A of title II of Public Law 105-251; 42 U.S.C. 14601 et 
seq.) and section 552a of title 5, United States Code.

SEC. 8. RULES OF CONSTRUCTION.

    (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 law, or to affect the work of the United States 
Marshals Service with INTERPOL.
    (b) Angel Watch Center.--Nothing in this Act shall be construed to 
preclude the Angel Watch Center from transmitting notice with respect 
to any covered sex offender.
                                 <all>