,,ii #aadth ,,congress #ast ,session ,s4 #ahfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjae,mr4 ,shelby 7for himself1 ,ms4 ,mikulski1 and ,mr4 ,kirk7 introduced the following bill2 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 destination1 requesting foreign governments to notify the ,united ,states when a known sex offender is seeking to enter the ,united ,states1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,international ,megan's ,law to ,prevent ,child ,exploitation ,through ,advanced ,notification of ,traveling ,sex ,offenders4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,angel ,watch ,center4 ,sec4 #d4 ,notification by the ,united ,states ,marshals ,service4 ,sec4 #e4 ,international travel4 ,sec4 #f4 ,unique passport identifiers for covered sex offenders4 ,sec4 #g4 ,access to ,national ,crime ,information ,center files4 ,sec4 #h4 ,rules of ,construction4 #b4 ,definitions ,in this ,act3 7#a7 ,center ,the term ,center means the ,angel ,watch ,center established pursuant to section #c7;a74 7#b7 ,convicted ,the term convicted has the meaning given the term in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa74 7#c7 ,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 minor4 7#d7 ,,interpol ,the term ,,interpol means the ,international ,criminal ,police ,organization4 7#e7 ,jurisdiction ,the term jurisdiction means any of the following3 7,a7 ,a ,state4 7,b7 ,the ,district of ,columbia4 7,c7 ,the ,commonwealth of ,puerto ,rico4 7,d7 ,guam4 7,e7 ,american ,samoa4 7,f7 ,the ,northern ,mariana ,islands4 7,g7 ,the ,united ,states ,virgin ,islands4 7,h7 ,to the extent provided in1 and subject to the requirements of1 section #abg of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afibg71 a federally recognized ,indian tribe4 7#f7 ,minor ,the term minor means an individual who has not attained the age of #ah years4 7#g7 ,official notification ,the term official notification means a notification developed by the ,attorney ,general1 in coordination with the ,secretary of ,homeland ,security and ,,interpol1 to provide notification of travel by convicted sex offenders4 7#h7 ,sex offender ,the term sex offender has the meaning given the term in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa74 7#i7 ,sex offense against a minor 7,a7 ,in general ,the term sex offense against a minor means a specified offense against a minor1 as defined in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa74 7,b7 ,other offenses ,the term sex offense against a minor includes a sex offense described in section #aaa7e77;,a7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa7e77;,a77 that is a specified offense against a minor1 as defined in paragraph 7#g7 of such section4 7,c7 ,foreign convictions2 offenses involving consensual sexual conduct ,the limitations contained in subparagraphs 7,b7 and 7,c7 of section #aaa7e7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa7e77 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 #bjjf4 #c4 ,angel ,watch ,center 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish within the ,child ,exploitation ,investigations ,unit of ,u4,s4 ,immigrations and ,customs ,enforcement a ,center1 to be known as the ,angel ,watch ,center1 to carry out the activities specified in subsection 7e74 7b7 ,designation ,in accordance with section #abh of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afibh71 the ,attorney ,general shall designate the ,center as the central repository for incoming notifications4 7c7 ,leadership ,the ,center shall be headed by the ,director of ,immigration and ,customs ,enforcement1 in collaboration with the ,commissioner of ,u4,s4 ,customs and ,border ,protection and in consultation with the ,attorney ,general4 7d7 ,members ,the ,center shall consist of the following3 7#a7 ,the ,director of ,immigration and ,customs ,enforcement4 7#b7 ,the ,commissioner of ,customs and ,border ,protection4 7#c7 ,the ,attorney ,general 7or a designee of the ,attorney ,general74 7#d7 ,individuals who are designated as analysts in ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection4 7#e7 ,individuals who are designated as program managers in ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection4 7#f7 ,individuals who are designated as analysts or program managers in the ,united ,states ,marshals ,service's ,national ,sex ,offender ,targeting ,office4 7e7 ,activities 7#a7 ,in general ,the ,center shall1 using all relevant databases and systems1 not later than #dh hours before scheduled departure-- 7,a7 determine if individuals traveling abroad are convicted sex offenders 7as defined in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa772 7,b7 review ,united ,states ,marshals ,service's ,national ,sex ,offender ,targeting ,center case management system to determine if the individuals described in subparagraph 7,a7 are in such system and create a list of those individuals not in such system2 and 7,c7 provide the list described in subparagraph 7,b7 to the ,united ,states ,marshals ,service's ,national ,sex ,offender ,targeting ,center for additional inquiry under section #bbej of title #ah1 ,united ,states ,code4 7#b7 ,transmission of information to ,center ,not later than #ah hours before the intended travel1 the ,united ,states ,marshals ,service's ,national ,sex ,offender ,targeting ,center shall transmit1 to the ,center1 information pertaining to any covered sex offender described in subparagraph 7,b7 or 7,c7 of paragraph 7#a7 in accordance with the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afija et seq474 7#c7 ,advance notice to destination countries 7,a7 ,in general ,upon receipt of information pertaining to a covered sex offender transmitted under paragraph 7#b71 the ,center may transmit relevant information to the destination countries after completing the activities described in paragraph 7#a74 7,b7 ,short-notice travelers ,if an individual traveling abroad1 who is a covered sex offender and is not in the ,united ,states ,marshals ,service's ,national ,sex ,offender ,targeting ,center case management system1 is departing the ,united ,states within #bd hours of the travel becoming known to the ,center1 the ,center may simultaneously transmit information on travel to destination countries while completing activities described in paragraph 7#a74 7,c7 ,exceptions ,the ,center may immediately transmit relevant information on the covered sex offender to the destination countries if-- 7i7 the ,center becomes aware that a covered sex offender is traveling outside of the ,united ,states within #bd hours of intended travel2 or 7ii7 the ,center has not received a transmission pursuant to paragraph 7#b71 provided it is not more than #ah hours before the intended travel4 7#d7 ,collection of data ,the ,center shall collect all relevant data1 including-- 7,a7 the response of destination countries to notifications under paragraph 7#c7 and to the transmittal of other relevant information on covered sex offender travel described therein1 where available2 7,b7 any decision not to transmit a notification abroad2 7,c7 the number of transmissions made under subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#c7 and the countries to which they are transmitted1 respectively2 7,d7 the countries to which notifications under paragraph 7#c7 are sent and the category of notification based upon subparagraphs 7,a7 through 7,c7 of paragraph 7#c72 and 7,e7 any other information deemed necessary and appropriate by the ,attorney ,general and the ,secretary of ,homeland ,security4 7#e7 ,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 7#c74 7#f7 ,annual review process ,the ,center shall establish1 in coordination with the ,attorney ,general1 the ,secretary of ,state1 and ,,interpol1 an annual review process in to ensure that there are consistent procedures on whether to provide notification to destination countries under this subsection4 7#g7 ,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 manner4 #d4 ,notification by the ,united ,states ,marshals ,service 7a7 ,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 offender1 including to the visa-issuing agent or agents in the ,united ,states of the country or countries4 7b7 ,information required ,the ,united ,states ,marshals ,service's ,national ,sex ,offender ,targeting ,center shall make available to the ,center and the ,department of ,state1 information on travel by covered sex offenders in a timely manner for purposes of carrying out this ,act4 7c7 ,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 ,center1 including through the ,,interpol notification system and a ,u4,s4 ,immigration and ,customs ,enforcement attach4 7d7 ,collection of data ,the ,united ,states ,marshals ,service's ,national ,sex ,offender ,targeting ,center shall collect all relevant data1 including-- 7#a7 the response of destination countries to notifications under subsection 7a7 and to the transmittal of other relevant information on convicted sex offender travel1 where applicable2 7#b7 any decision not to transmit a notification abroad1 to the extent practicable2 7#c7 the number of transmissions made under subsection 7a7 and the countries to which they are transmitted1 respectively2 and 7#d7 any other information deemed necessary and appropriate by the ,attorney ,general and the ,secretary of ,homeland ,security4 7e7 ,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 section4 7f7 ,technical assistance ,the ,secretary of ,state1 in consultation with the ,attorney ,general and the ,secretary of ,homeland ,security1 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 section4 #e4 ,international travel 7a7 ,requirement that sex offenders provide international travel related information to sex offender registries ,section #aad7;a7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiad7;a77 is amended-- 7#a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7#b7 by inserting after paragraph 7#f7 the following3 7#g7 ,any information relating to intended travel of the sex offender outside the ,united ,states4 4 7b7 ,notification of other countries 7#a7 ,in general ,the ,attorney ,general may notify another country relating to travel outside of the ,united ,states by a sex offender4 7#b7 ,definition of sex offender ,for purposes of this subsection1 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 jurisdiction4 7c7 ,conforming amendments to section #bbej of title #ah1 ,united ,states ,code ,section #bbej of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 7#b7 by inserting after subsection 7a7 the following3 7b7 ,international travel reporting violations ,whoever-- 7#a7 is required to register under the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afija et seq472 7#b7 knowingly fails to provide information required by the ,sex ,offender ,registration and ,notification ,act relating to intended travel in foreign commerce2 and 7#c7 engages or attempts to engage in the intended travel in foreign commerce1 shall be fined under this title1 imprisoned not more than #aj years1 or both4 2 and 7#c7 in subsections 7c7 and 7d71 as redesignated1 by striking subsection 7a7 each place it appears and inserting subsection 7a7 or 7b7 4 7d7 ,sense of ,congress ,it is the sense of ,congress that the ,secretary of ,state1 in consultation with the ,attorney ,general and the ,secretary of ,homeland ,security1 should seek international agreements or arrangements to further the purposes of this ,act and the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afija et seq474 ,such agreements or arrangements may establish mechanisms and undertakings to receive and transmit notices concerning international travel by sex offenders1 through the ,,interpol notification system and such other means as may be appropriate1 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 ,states4 7e7 ,implementation ,in carrying out this ,act and the amendments made by this ,act1 the ,attorney ,general may use the resources and capacities of any appropriate agencies of the ,department of ,justice1 including the ,office of ,sex ,offender ,sentencing1 ,monitoring1 ,apprehending1 ,registering1 and ,tracking1 the ,united ,states ,marshals ,service1 ,,interpol ,united ,states ,central ,bureau1 the ,federal ,bureau of ,investigation1 the ,criminal ,division1 and the ,united ,states ,attorneys' ,offices4 7f7 ,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 necessary4 #f4 ,unique passport identifiers for covered sex offenders ,title ,,ii of ,public ,law #aaj-deg is amended by adding at the end the following3 #bdj4 ,unique passport identifiers for covered sex offenders 7a7 ,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 offender1 the ,attorney ,general shall notify the ,secretary of ,state1 who shall take appropriate action in accordance with subsection 7b74 7b7 ,authority ,to use unique passport identifiers 7#a7 ,in general ,except as provided under paragraph 7#b71 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 identifier4 7#b7 ,authority to reapply ,notwithstanding paragraph 7#a71 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 registry4 7c7 ,defined term ,in this section-- 7#a7 the term covered sex offender has the meaning given the term in section #b of the ,international ,megan's ,law to ,provide ,international ,notification of ,traveling ,sex ,offenders2 and 7#b7 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 offender4 7d7 ,rule of construction ,nothing in this section shall be construed to require the ,department of ,state to affix a unique identifier to a passport card4 4 #g4 ,access to ,national ,crime ,information ,center files 7a7 ,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 7,,ncic-,,iii71 ,national ,sex ,offender ,registry1 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 ,state1 for the purpose of determining whether a passport applicant is a convicted sex offender indexed in any such file4 7b7 ,access 7#a7 ,in general ,except as provided in paragraph 7#b71 the access authorized under subsection 7a7 shall be provided by means of extracts of the records for placement in the automated ,consular and ,lookout ,support ,system 7,,class7 or other appropriate database4 7#b7 ,reconsideration of means of access ,the provision of extracts under paragraph 7#a7 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 information4 7c7 ,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 ,state4 ,upon receipt of such updated extracts1 the ,secretary of ,state shall make corresponding updates to its databases and destroy the previously provided extracts4 7d7 ,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 record4 7e7 ,regulations ,for purposes of administering this section1 the ,secretary of ,state1 before receiving access to ,national ,crime ,information ,center data1 and not later than #d months after the date of enactment of this ,act1 shall promulgate final regulations to establish the conditions for the use of the information received from the ,federal ,bureau of ,investigation-- 7#a7 to limit the redissemination of such information2 7#b7 to ensure that such information is used solely to determine whether an individual is listed as a convicted sex offender2 7#c7 to ensure the security1 confidentiality1 and destruction of such information2 and 7#d7 to protect any privacy rights of individuals who are subjects of such information4 7f7 ,determination if passport applicant is covered sex offender ,if a check of the ,national ,crime ,information ,center1 ,national ,sex ,offender ,registry shows that a passport applicant is a registered sex offender1 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 offender4 7g7 ,reporting requirement ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general and the ,secretary of ,state shall jointly report to ,congress on the implementation of this section4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,state1 the ,attorney ,general 1 and the ,secretary of ,homeland ,security such sums as may be necessary to carry out this section4 7i7 ,rule of construction ,nothing in this section1 or in any other law1 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 7,,ncic-,,iii71 or to any other information maintained by the ,national ,crime ,information ,center1 to any ,federal agency or officer authorized to enforce or administer the ,act of ,july #c1 #aibf 7#bb ,u4,s4,c4 #baa;a71 for the purpose of such enforcement or administration1 upon terms that are consistent with ,national ,crime ,prevention and ,privacy ,compact ,act of #aiih 7subtitle ,a of title ,,ii of ,public ,law #aje-bea2 #db ,u4,s4,c4 #adfja et seq47 and section #eeb;a of title #e1 ,united ,states ,code4 #h4 ,rules of ,construction 7a7 ,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 #bjjf 7#db ,u4,s4,c4 #afija et seq471 including section #aac7;d7 of such ,act1 or any other provision law1 or to affect the work of the ,united ,states ,marshals ,service with ,,interpol4 7b7 ,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 offender4