H.R. 515 (114th): International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders

The text of the bill below is as of Nov 17, 2015 (Reported by Senate Committee).

Source: GPO

II

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 , 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.


1.

Short title and table of contents

(a)

Short title

This Act may be cited as the International Megan’s Law to Prevent Demand for Child Sex Trafficking.

(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. Sense of Congress provisions.

Sec. 6. Enhancing the minimum standards for the elimination of trafficking.

Sec. 7. Assistance to foreign countries to meet minimum standards for the elimination of trafficking.

Sec. 8. Rules of construction.

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, and that the criminal background of such individuals may not be known to local law enforcement prior to their arrival.

(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.

(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.

(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.

(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.

3.

Definitions

In this Act:

(1)

Center

The term Center means the Angel Watch Center established pursuant to section 4(a).

(2)

Child-sex offender

(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.

(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.

(3)

Child-sex offense

(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—

(i)

an offense (unless committed by a parent or guardian) involving kidnapping;

(ii)

an offense (unless committed by a parent or guardian) involving false imprisonment;

(iii)

solicitation to engage in sexual conduct;

(iv)

use in a sexual performance;

(v)

solicitation to practice prostitution;

(vi)

video voyeurism as described in section 1801 of title 18, United States Code;

(vii)

possession, production, or distribution of child pornography;

(viii)

criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; and

(ix)

any conduct that by its nature is a sex offense against a minor.

(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.

(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.

(4)

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.

(5)

Minor

The term minor means an individual who has not attained the age of 18 years.

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 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).

(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.

(c)

Members

The Center shall consist of the following:

(1)

The Director of ICE.

(2)

The Commissioner of CBP.

(3)

Individuals who are designated as analysts in ICE or CBP.

(4)

Individuals who are designated as program managers in ICE or CBP.

(d)

Activities

(1)

In general

The Center shall carry out the following activities:

(A)

Receive information on travel by child-sex offenders.

(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.

(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.

(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).

(e)

Notification

(1)

To countries of destination

(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.

(B)

Form

The notice under this paragraph may be transmitted through such means as determined appropriate by the Center, including through an ICE attaché.

(2)

To offenders

(A)

General notification

(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.

(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.

(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.

(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.

(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).

(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).

(g)

Consultations

The Center shall seek to engage in ongoing consultations with—

(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;

(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

(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.

(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.

5.

Sense of Congress provisions

(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—

(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

(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.

(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.

6.

Enhancing the minimum standards for the elimination of trafficking

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.

7.

Assistance to foreign countries to meet minimum standards for the elimination of trafficking

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.

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 of 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 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.

(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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

.

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.

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.

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.

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..

November 17, 2015

Reported with an amendment and an amendment to the title