Sex Offender Notification of International Travel Act - Amends the Sex Offender Registration and Notification Act to require sex offenders required to register under such Act to notify their residential jurisdictions of their intent to travel from the United States to another country, regardless of the duration of the travel.
Requires the Attorney General, in consultation with the Secretary of Homeland Security (DHS), to develop an international travel notification form to obtain information about sex offenders traveling outside the United States, including each such offender's name, address, social security number, email addresses, citizenship, passport or passport card number, and travel itinerary and the purpose of the trip.
Establishes: (1) a Cyber Crimes Center (CCC) in the United States Immigration and Customs Enforcement Office of DHS to address criminal acts crossing U.S. borders through cyberspace; and (2) the Child Exploitation Investigations Center within the CCC to coordinate all agency child exploitation initiatives relating to child exploitation, child trafficking, and forced child labor. Authorizes the CCC to create and advance public awareness campaigns to further its mission.
Directs the Attorney General, in consultation with the DHS Secretary, to conduct research and development activities for the prevention and investigation of child exploitation crimes.
Amends the federal criminal code to extend the authority to issue administrative subpoenas in federal offenses involving the sexual exploitation or abuse of children to the DHS Secretary and the Postmaster General.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6266 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6266
To amend the Sex Offender Registration and Notification Act to require
sex offenders to notify appropriate government officials before
traveling internationally, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2010
Ms. Loretta Sanchez of California introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Sex Offender Registration and Notification Act to require
sex offenders to notify appropriate government officials before
traveling internationally, 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.
This Act may be cited as the ``Sex Offender Notification of
International Travel Act''.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Child sex tourism is a pervasive international problem
and ever evolving crime that exploits the most innocent and
vulnerable members of any society.
(2) Child sex tourists travel to known sex destinations for
the purpose of seeking anonymity while engaging in child
molestation and exploitation, involving such acts as
manufacturing pornography and prostitution. An estimated 25
percent of predators involved in child sex tourism throughout
the world are United States citizens.
(3) American child sex tourists can be found in a wide
range of foreign locales, looking to exploit children made
vulnerable by extreme poverty and deprivation. These predators
often have a long history of abuse of children, both in the
United States and abroad. They plan their trips carefully to
minimize their risk of arrest while exploiting economically
disadvantaged children.
(4) U.S. Immigration and Customs Enforcement (ICE), an
agency within the Department of Homeland Security, has taken a
leading role in the fight against the sexual exploitation of
minors abroad, in cooperation with other United States
agencies, law enforcement from other countries, INTERPOL, and
nongovernmental organizations. In fact, between 2003 and 2009,
ICE made 72 criminal arrests and obtained 73 convictions of
individuals charged with traveling aboard and engaging in
illicit sexual conduct with a minor, the ``child sex tourism''
law, section 2423 of title 18, United States Code.
(5) These arrests were made under the auspices of Operation
Predator, a highly successful, ongoing investigative operation
targeting the exploiters of children. Since its inception in
2003 as an initiative focusing on combining the ICE immigration
and customs authorities, Operation Predator has become a
worldwide known brand in the fight against child exploitation
and is now the overarching child exploitation program within
ICE. Today, Operation Predator includes numerous initiatives
and programs that protect children from pornographers, child
prostitution rings, Internet predators, alien smugglers, human
traffickers, sex tourism operators, and other criminals that
prey on children, focusing on the identification, prosecution,
and removal (when applicable) of criminals and encompasses all
the law enforcement offices within ICE. As of 2009, ICE had
made more than 12,710 arrests under Operation Predator.
(6) Operation Predator is the lynchpin for the newly
established ICE Child Exploitation Investigations Center
(CEIC), a division of the ICE Cyber Crimes Center, managed by
the Child Exploitation Unit. The CEIC houses all national ICE
initiatives and programs relating to child exploitation--both
sexual child exploitation, child trafficking, and forced child
labor--and will focus on four key areas: training for Federal,
State, local, tribal, and foreign law enforcement agencies;
investigative capacity building; child exploitation prevention
and enforcement operations; and recruitment of disabled
veterans in communities hardest hit by the current economic
situation.
(7) Two of the more significant programs currently under
Operation Predator are the Virtual Global Taskforce (VGT) and
Operation Angel Watch. Established in 2003, the VGT is a
collaboration of international law enforcement agencies with
the common goal of protecting children from sexual
exploitation. The VGT is intended to augment, not supplant,
existing law enforcement initiatives and international
relationships related to child exploitation issues. ICE, as
represented by the CEIC, is the exclusive United States
representative to the VGT. Operation Angel Watch is an
intelligence-driven program targeting registered sex offenders
traveling abroad who ICE believes are likely to engage in child
sex tourism. By evaluating patterns and trends, ICE identifies
high risk countries to compare with the travel plans of
registered sex offenders. Since the inception Operation Angel
Watch, nearly 300 suspected CST perpetrators have been
identified.
(8) While this Operation has proven effective, we find the
requirements for notification of international travel by sex
offenders in this Act will significantly enhance the ability of
ICE to identify such high-risk travelers earlier and more
frequently. The goal is to stop the traveler prior to the
exploitation of the children. To the extent that there may be
investigative concern of a traveler, we also find that this
bill will serve to protect the American children from
exploitation, as well.
(9) Although the Sex Offender Registration and Notification
Act requires the establishment of a system for tracking
registered sex offenders traveling internationally, these
requirements should be strengthened so high risk travelers are
identified earlier and more frequently.
(10) Officials from the United Kingdom, Australia, Spain,
and other countries have expressed interest in working with the
United States Government for increased international
cooperation to protect children from sexual exploitation, and
are proponents of formal arrangements to ensure that the risk
posed by traveling sex offenders is combated most effectively.
(11) The United States, with its international law
enforcement relations, technological and communications
capability, and established sex offender registry system,
should lead the global community in the effort to save
thousands of potential child victims by notifying other
countries of travel by sex offenders, maintaining information
about sex offenders from the United States who reside overseas,
and strongly encouraging other countries to undertake the same
measures to protect children around the world.
(b) Purpose.--It is the purpose of this Act to amend the Sex
Offender Registration and Notification Act (SORNA), as established in
the Adam Walsh Child Protection and Safety Act or 2006, Public Law 109-
248, to better protect children worldwide from sexual exploitation. In
an effort to prevent, deter, and combat international child sex
exploitation, the United States system will require notification of
international travel by the sex offender to appropriate government
officials and permit United States law enforcement to share such
information with foreign countries when appropriate.
SEC. 3. SEX OFFENDER INTERNATIONAL TRAVEL NOTIFICATION PROGRAM FOR
PURPOSES OF BORDER SECURITY.
The Sex Offender Registration and Notification Act (42 U.S.C. 16901
et seq.) is amended--
(1) in section 113(c)--
(A) by designating the existing text as paragraph
(1); and
(B) by adding at the end the following:
``(2) A sex offender shall comply with the requirements for
notification of international travel as prescribed by this title.'';
(2) by inserting after section 113 the following:
``SEC. 113A. INTERNATIONAL TRAVEL NOTIFICATION REQUIREMENTS FOR SEX
OFFENDERS.
``(a) Duty To Report.--Any person required to register as a sex
offender under this title shall be required to notify their residential
jurisdiction of registration of his or her intent to travel from the
United States to another country, regardless of duration of the travel.
Only one notification is required for each round trip.
``(b) Procedures for Reporting.--Sex offenders are to provide
notice to their residential jurisdiction of registration by completing
the International Travel Notification form as described in section
114a--
``(1) not later than 21 days before departure from the
United States;
``(2) in consultation with their residential jurisdiction
of registration, as early as possible when 21 days prior is
impracticable; or
``(3) in consultation with their residential jurisdiction
of registration, at regular intervals, on a case by case basis,
for sex offenders who, for legitimate business or personal
reasons, regularly transit across United States borders.
``(c) Duty To Update.--Sex offenders are to notify their
jurisdiction of residence of any change in travel dates or
locations.'';
(3) in section 115--
(A) in the section heading, by striking
``requirement'' and inserting ``requirements''; and
(B) by at the end the following:
``(c) International Travel Registration.--Sex offenders are
required to comply with the international travel notification
requirements in section 113a at all times during which they are
required to register under this title.'';
(4) by inserting after section 114 the following:
``SEC. 114A. INFORMATION REQUIRED FOR INTERNATIONAL TRAVEL FOR PURPOSES
OF BORDER SECURITY.
``The Attorney General, in consultation with the Secretary of
Homeland Security, shall develop an International Travel Notification
form. Such form shall include the following information:
``(1) The complete name of the sex offender (including any
nicknames or aliases).
``(2) The Social Security number of the sex offender.
``(3) The current home address of the sex offender.
``(4) All email addresses.
``(5) The date of birth of the sex offender.
``(6) The citizenship of the sex offender.
``(7) The passport or passport card number and date and
place of issuance of the sex offender.
``(8) The alien registration number of the sex offender,
where applicable.
``(9) Information as to the nature of the sex offense
conviction(s) that requires registration.
``(10) Jurisdiction(s) of conviction.
``(11) Jurisdiction(s) or registration.
``(12) The travel itinerary and purpose of trip.
``(13) The names of any travel companions and relationship
to the sex offender, if any.
``(14) The address and phone number where the sex offender
may be reached while not in the United States.
``(15) If applying for employment while outside of the
United States, name and type of business, address, and point of
contact and phone number for the employer.
``(16) If attending school while outside of the United
States, name and type of school, address, and point of contact
and phone number for the school.
``(17) All countries the sex offender plans to visit during
the trip, including dates, addresses, and points of contact for
those destinations.
``(18) Any other information as may be required by the
Attorney General, in consultation with the Secretary of
Homeland Security.'';
(5) by inserting after section 112 the following:
``SEC. 112A. INTERNATIONAL TRAVEL NOTIFICATION REQUIREMENTS FOR
JURISDICTIONS.
``(a) Jurisdiction Notice to Sex Offender.--Within 180 days after
enactment of this section, the SMART Office shall provide jurisdictions
with notice of the international travel notification requirements of
this title--
``(1) each jurisdiction shall ensure each previously
registered sex offender is advised of such duties at the
earliest practicable opportunity;
``(2) each jurisdiction shall ensure that newly registered
sex offenders have been previously advised of the duties upon
release and, if necessary, advise the sex offender of the
requirement at such time as he or she initially registers; and
``(3) jurisdictions shall require sex offenders to
acknowledge, in writing, that the sex offenders have been
advised of the duty to notify their residential jurisdiction of
registration of the intent to from the United States.
``(b) Notice to the SMART Office.--As expeditiously as possible,
but no later than three calendar days from the date of receipt, and in
a format prescribed by the SMART Office in consultation with the
Secretary of Homeland Security, jurisdictions shall send the following
to the SMART Office:
``(1) All International Travel Notification forms as
described in section 114a.
``(2) All requests for exception to the 21-day notification
timeframe pursuant to section 16913a(b).
``(3) Any update received from a sex offender regarding a
change in travel dates or locations.
``(c) Retention of Documents.--Jurisdictions shall retain originals
of the advisement of duty to notify.
``(d) Response to Inquiries.--
``(1) Each jurisdiction shall respond to inquiries from the
SMART Office, the Department of State, the Department of
Homeland Security or the Department of Justice with regard to a
specific sex offender as soon as practicable, but at no time
later than five calendar days after receipt of the request.
``(2) Original documents shall be sent only upon specific
request.
``(3) Information requested may include, but not be limited
to--
``(A) the criminal history of the sex offender,
including--
``(i) the text of the provision of law
defining the sex offense;
``(ii) the dates of all arrests and
convictions related to sex offenses;
``(iii) the status of parole, probation, or
supervised release;
``(iv) registration status; and
``(v) the existence of any outstanding
arrest warrants;
``(B) the most recent available photograph of the
sex offender; and
``(C) the time period for which the sex offender is
required to register pursuant to the law of the
jurisdiction of conviction.
``(e) Guidelines.--The Attorney General shall consult with the
Secretary of Homeland Security and Secretary of State on such
guidelines and regulations relating to the international travel
notification requirements of this title.
``(f) Disclosure of Investigative Techniques.--Internal operating
guidelines created by the Department of Homeland Security, Department
of State, or the Department of Justice reflecting internal operations
with respect to the international travel notification requirements of
this subchapter, including methods for investigation and factors for
evaluation of sex offenders, shall not be disclosed.
``(g) Sharing With Foreign Countries.--The Department of Homeland
Security and Department of Justice, as necessary, may provide
notification, along with any other information as deemed appropriate,
to a foreign country of the travel of any sex offender. No notification
to the sex offender of the sharing of such information is necessary.
The Department of Homeland Security and the Department of Justice and
its officers, employees and agents shall be immune from liability for
any actions taken by foreign countries based on the sharing of such
information.'';
(6) by amending section 117--
(A) in the section heading, by inserting ``and
international travel notification'' after
``registration'';
(B) by amending subsection (a)(2) to read as
follows:
``(2) require the sex offender to read and sign a form
stating that the duty to register and to notify their
residential jurisdiction of registration of intended
international travel has been explained and that the sex
offender understands the registration and notification
requirement; and'';
(C) in subsection (b), by inserting a new sentence
at the end as follows: ``In consultation with the
Secretary of Homeland Security, such notification shall
include advisement of the requirements for
international travel notifications to the residential
jurisdiction of registration, as required by this
title.''; and
(D) by adding a new subsection as follows:
``(c) Originals.--Original forms signed by the sex offender are to
be retained indefinitely by the jurisdiction giving notification and
shall be provided to the Attorney General or Secretary of Homeland
Security upon request.'';
(7) in section 146, by adding a new subsection as follows:
``(d) Coordination With the Department of Homeland Security.--
``(1) The SMART Office shall coordinate operations and
guidelines with the Department of Homeland Security with
respect to the international travel notification requirements
of this title;
``(2) As expeditiously as possible, but no later than three
calendar days from the date of receipt from a jurisdiction, the
SMART Office shall forward to the Department of Homeland
Security--
``(A) all International Travel Notification forms;
``(B) all requests for exception to the 21-day
notification timeframe pursuant to section 16913a(b);
and
``(C) all updates received from sex offenders
regarding changes in travel dates or locations.'';
(8) in section 112(b) by inserting ``with respect to
registration for sex offenders'' after ``title'';
(9) in section 118(b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) inserting a new paragraph (4) as follows:
``(4) any information concerning international travel,
including all correspondence with the SMART Office; and''; and
(10) in section 122 by inserting ``with registration
requirements'' after ``comply'' in the section heading.
SEC. 4. THE CYBER CRIMES CENTER AND THE CHILD EXPLOITATION
INVESTIGATIONS CENTER.
(a) Establishment.--
(1) Generally.--There is established a Cyber Crimes Center
within the United States Immigration and Customs Enforcement
for the purpose of carrying out the Agency's mission with
respect to criminal acts crossing United States borders through
cyberspace.
(2) Child exploitation investigations center.--
(A) Within the Cyber Crimes Center, there shall be
established the Child Exploitation Investigations
Center (CEIC). The CEIC shall coordinate all agency
child exploitation initiatives, including child
exploitation, child trafficking, and forced child labor
and is to focus on child exploitation prevention and
enforcement operations, training for Federal, State,
local, tribal, and foreign law enforcement agency
personnel, and investigative capacity building.
(B) The CEIC may collaborate with the National
Center for Missing and Exploited Children and other
government, nongovernmental, and nonprofit entities as
deemed appropriate by the Secretary, for the
sponsorship of and participation in outreach and
training activities.
(b) Wounded Warriors Recruitment.--The CEIC is authorized to
recruit disabled veterans to fill intelligence and investigative
positions in support of its mission. In support of such veterans, ICE
shall make available the services of psychologists for, at a minimum,
annual psychological evaluations.
(c) Training.--The Cyber Crimes Center is authorized to provide
training for Federal, State, local, tribal, and foreign law enforcement
agency personnel engaged in the investigation of crimes within its
jurisdiction.
(d) Cooperative Agreements.--The Cyber Crimes Center is authorized
to enter into Cooperative Agreements to accomplish its mission and the
goals of this section.
(e) Public Awareness Campaigns.--The Cyber Crimes Center is
authorized to solicit, engage with, and accept assistance from the
Virtual Global Taskforce, not-for-profit organizations, and educational
institutions in the creation and advancement of public awareness
campaigns in furtherance of its mission. Public awareness campaigns in
coordination with such entities are not to be subject to the Federal
Acquisition Regulations for competition when the services are donated
or of minimal cost to the government.
(f) Research and Development.--The Attorney General, in
consultation with the Secretary of Homeland Security, shall conduct
research and development for the purpose of border security and law
enforcement development toward the prevention and investigation of
child exploitation crimes, there are authorized to be appropriated
$10,000,000 for each of fiscal years 2011, 2012, and 2013 to national
research and development laboratories. The CEIC, other law enforcement
agencies, for-profit and nonprofit entities, and universities may
subcontract for such research and development.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated--
(1) for carrying out the general mission of the Cyber
Crimes Center--
(A) $40,000,000 for fiscal year 2011, $20,000,000
of which is to be allocated to the CEIC;
(B) fiscal year 2012 shall be allocated
$16,000,000;
(C) fiscal year 2013 shall be allocated
$19,000,000;
(D) fiscal year 2014 shall be allocated
$18,000,000; and
(E) fiscal year 2015 shall be allocated
$23,000,000;
(2) for training of Federal, State, local, tribal, and
foreign officers--
(A) $3,000,000 for fiscal year 2011, $2,000,000 of
which is to be allocated to CEIC; and
(B) $2,000,000 for each of the 5 succeeding fiscal
years;
(3) for the recruitment and employment of disabled
veterans--
(A) $40,000,000 for fiscal year 2011 to be
allocated to CEIC; and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years; and
(4) for public awareness campaigns--
(A) $1,000,000 for fiscal year 2011, $500,000 of
which is to be allocated to CEIC; and
(B) such sums as may be necessary for each of the 5
succeeding fiscal years.
SEC. 5. SUBPOENA AUTHORITY.
Section 3486 of title 18, United States Code is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by redesignating clause (ii) as clause
(iii);
(ii) by striking clause (i) and inserting
the following:
``(i) a Federal health care offense, the
Attorney General;
``(ii) a Federal offense involving the
sexual exploitation or abuse of children, the
Attorney General, the Secretary of Homeland
Security, or the Postmaster General; or''; and
(iii) in clause (iii), as redesignated, by
striking ``the Treasury'' and inserting ``of
Homeland Security'';
(B) in subparagraph (D), by inserting ``, 2250''
after ``2243'';
(C) in paragraph (6)(A), by striking ``United
State'' and inserting ``United States'';
(D) in paragraph (9), by striking ``paragraph
(1)(A)(i)(II) or (1)(A)(ii)'' and inserting ``paragraph
(1)(A)(ii) or (1)(A)(iii)''; and
(E) in paragraph (10), by striking ``paragraph
(1)(A)(ii), the Secretary of the Treasury'' and
inserting ``paragraph (1)(A)(iii), the Secretary of
Homeland Security''; and
(2) in subsection (c)--
(A) in the first sentence, by inserting ``, in
coordination with the Secretary of Homeland Security or
the Postmaster General, as appropriate,'' after ``the
Attorney General''; and
(B) in the second sentence, by striking ``appear
before the Attorney General'' and inserting ``appear
before the Government officer that issued the
subpoena''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line