ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

34 U.S.C. § 21503 — Angel Watch Center

submitted 10 years ago by Pub. L. 114-119 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 1,372 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Homeland Security must create the Angel Watch Center to track sex offenders traveling internationally and notify destination countries. The Center checks travelers against sex offender registries, shares information with the Marshals Service and Justice Department, and lets people file complaints about erroneous notifications. Homeland Security must also report annually to Congress on errors and fixes.

(a) Establishment: Within 90 days after February 8, 2016, the Secretary of Homeland Security must create the "Angel Watch Center" inside the Child Exploitation Investigations Unit of Immigration and Customs Enforcement (ICE), to carry out the activities in subsection (e).

(b) Incoming notification: (1) In general: The Center may receive notifications about people trying to enter the U.S. who have committed sex offenses. (2) Notification: When the Center gets such a notification, it must immediately share the information with the Department of Justice, and share relevant information with other appropriate federal, state, and local agencies. (3) Collaboration: The Secretary of Homeland Security must work with the Attorney General to set up a process for receiving, sharing, and categorizing this kind of information.

(c) Leadership: The Assistant Secretary of ICE heads the Center, working with the Commissioner of Customs and Border Protection, and consulting the Attorney General and Secretary of State.

(d) Members: The Center includes: (1) the Assistant Secretary of ICE; (2) the Commissioner of Customs and Border Protection; (3) analysts designated within ICE or Customs and Border Protection; and (4) program managers designated within ICE or Customs and Border Protection.

(e) Activities: (1) In general: Using all relevant databases and information sources, no later than 48 hours before a scheduled departure (or as soon as practical before then), the Center must: (A) check whether people traveling abroad are on the National Sex Offender Registry; (B) review the U.S. Marshals Service's case management system, or another system with advance international travel notices, to find anyone who meets that (A) criteria but isn't already caught by that review; and (C) send a list of those people to the Marshals Service's National Sex Offender Targeting Center, to check compliance with the Adam Walsh Act. (2) Provision of information to Center: 24 hours before the trip -- or, at the latest, within 72 hours after it -- the Marshals Service's Targeting Center must give the Angel Watch Center information about any sex offender identified under (1)(C). (3) Advance notice to destination country: (A) In general: The Center may send relevant information to the destination country about a sex offender if that person was identified under (1)(B) as having given advance notice of travel, or if the Center gets information about them under (2) after finishing the (1) review. (B) Exceptions: The Center may send the information immediately if it learns a sex offender is traveling within 24 hours and it does the (1) review at the same time, or if it hasn't received a (2) transmission but it's still within 24 hours of the trip. (C) Corrections: If the Center learns a notification it sent was wrong, it must immediately send a correction to the destination country, fix its collected data under (6), and -- if relevant -- tell the Secretary of State for passport review purposes. (D) Form: The Center can send the notification by whatever method it decides fits, including through ICE attaches abroad. (4) Memorandum of Agreement: Within 6 months of February 8, 2016, the Secretary of Homeland Security must sign a Memorandum of Agreement with the Attorney General. This agreement covers exchanging information, sharing staff, giving access to databases as described in (1)(B), and setting up a process to share notifications from other countries as described in (b)(1). (5) Passport application review: (A) In general: The Center must give the State Department a written finding on whether someone is a "covered sex offender," when appropriate. (B) Effective date: This rule (A) starts once the Secretary of State, Secretary of Homeland Security, and Attorney General certify that the process required under section 21507 has been put in place successfully. (6) Collection of data: The Center must collect data, including: a record of every notification sent under (3); the destination country's response, when available; any decision not to send a notification abroad; how many notifications were sent under each part of (3), and to which countries; whether the notice reached the destination country before the sex offender's travel began; and anything else the Secretary of Homeland Security thinks is needed. (7) Complaint review: (A) In general: The Center must set up a way to receive complaints from people affected by wrong notifications, make sure complaints are reviewed promptly, and -- if a complaint is about a notification another federal agency sent -- tell the person how to contact that agency and forward the complaint. (B) Response to complaints: As needed, the Center must tell the person in writing that they were wrongly notified about internationally, take steps to stop that error from happening again, and explain in writing why the error happened and what the Center is doing to fix it. (C) Public awareness: The Center must publish information on how to file a complaint. (D) Reporting requirement: The Secretary of Homeland Security must send Congress an annual report on how many wrong notifications were sent, and what's being done to prevent more errors. (8) Annual review process: The Center, working with the Attorney General, Secretary of State, and INTERPOL, must run an annual review to make sure everyone is coordinating well and following consistent procedures. (9) Information required: The Center must give the Marshals Service's Targeting Center timely information on sex offenders' travel.

(f) Definition: In this section, "sex offender" means a covered sex offender, or anyone required to register under any jurisdiction's sex offender program, or included on the National Sex Offender Registry, because of an offense against a minor.

the actual law source: uscode.house.gov ↗public domain
(a) Establishment

Not later than 90 days after February 8, 2016, 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.).1

(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 212b of title 22.

(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 February 8, 2016, 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 212b of title 22) 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 21507 of this title 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 21507 of this title) 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 chapter, in carrying out this chapter.

(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.

Source credit: (Pub. L. 114–119, § 4, Feb. 8, 2016, 130 Stat. 17.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-119 · 130 Stat. 17

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-119 on 2016-02-08.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case