34 U.S.C. § 21502 — Definitions

Page 539 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21502 1 So in original. Probably should be ‘‘18,000,000’’. 1 See References in Text note below. § 21308. Authorization of appropriations There is authorized to be appropriated to carry out this chapter $5,000,000 for each of fiscal years 2023 through 2027. (Pub. L. 114–22, title IV, § 409, May 29, 2015, 129 Stat. 258; Pub. L. 117–103, div. W, title I, § 107, Mar. 15, 2022, 136 Stat. 851.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Pub. L. 117–103 substituted ‘‘2023 through 2027’’ for ‘‘2015 through 2019’’. CHAPTER 215—ADVANCED NOTIFICATION OF TRAVELING SEX OFFENDERS Sec. 21501. Findings. 21502. Definitions. 21503. Angel Watch Center. 21504. Notification by the United States Marshals Service. 21505. Implementation. 21506. Reciprocal notifications. 21507. Implementation plan. 21508. Technical assistance. 21509. Authorization of appropriations. 21510. Rule of construction. § 21501. 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 pre- viously 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 (Pub- lic Law 109–248) to protect children and the public at large by establishing a comprehen- sive 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 inter- nationally. (5) The commercial sexual exploitation of minors in child sex trafficking and pornog- raphy is a global phenomenon. The Inter- national Labour Organization has estimated that 1,8000,000 1 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 com- mercial, child sex trafficking. (Pub. L. 114–119, § 2, Feb. 8, 2016, 130 Stat. 15.) Editorial Notes REFERENCES IN TEXT Megan’s Law, referred to in par. (2), is Pub. L. 104–145, May 17, 1996, 110 Stat. 1345, which amended former sec- tion 14071 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under sec- tion 13701 of Title 42 and Tables. The Adam Walsh Child Protection and Safety Act of 2006, referred to in par. (3), is Pub. L. 109–248, July 27, 2006, 120 Stat. 587, which enacted chapter 209 (§ 20901 et seq.) of this title and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16935 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21502. Definitions In this chapter: (1) Center The term ‘‘Center’’ means the Angel Watch Center established pursuant to section 21503(a) of this title. (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).1 (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 Inter- national 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),1 a Federally rec- ognized 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 es- Page 540 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21503 tablished by section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919).1 (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 Protec- tion and Safety Act of 2006 (42 U.S.C. 16911).1 (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).1 (B) Other offenses The term ‘‘sex offense against a minor’’ in- cludes a sex offense described in section 111(5)(A) of the Adam Walsh Child Protec- tion and Safety Act of 2006 (42 U.S.C. 16911(5)(A)) 1 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 subpara- graphs (B) and (C) of section 111(5) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911(5)) 1 shall apply with respect to a sex offense against a minor for purposes of this chapter to the same ex- tent and in the same manner as such limita- tions apply with respect to a sex offense for purposes of the Adam Walsh Child Protec- tion and Safety Act of 2006 [34 U.S.C. 20901 et seq.]. (Pub. L. 114–119, § 3, Feb. 8, 2016, 130 Stat. 16.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–119, Feb. 8, 2016, 130 Stat. 15, known as the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Of- fenders, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 2016 Act note set out under section 10101 of this title and Tables. The Adam Walsh Child Protection and Safety Act of 2006, referred to in par. (10)(C), is Pub. L. 109–248, July 27, 2006, 120 Stat. 587, which enacted chapter 209 (§ 20901 et seq.) of this title and enacted, amended, and repealed numerous other sections and notes in the Code. Sec- tions 111, 119, and 127 of the Act were classified to sec- tions 16911, 16919, and 16927, respectively, of Title 42, The Public Health and Welfare, prior to editorial re- classification and renumbering as sections 20911, 20921, and 20929, respectively, of this title. For complete clas- sification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16935a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21503. Angel Watch Center (a) Establishment Not later than 90 days after February 8, 2016, the Secretary of Homeland Security shall estab- lish within the Child Exploitation Investiga- tions Unit of U.S. Immigrations and Customs Enforcement a Center, to be known as the ‘‘Angel Watch Center’’, to carry out the activi- ties specified in subsection (e). (b) Incoming notification (1) In general The Center may receive incoming notifica- tions concerning individuals seeking to enter the United States who have committed of- fenses of a sexual nature. (2) Notification Upon receiving an incoming notification under paragraph (1), the Center shall— (A) immediately share all information re- ceived 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 appro- priate. (3) Collaboration The Secretary of Homeland Security shall collaborate with the Attorney General to es- tablish a process for the receipt, dissemina- tion, and categorization of information relat- ing to individuals and specific offenses pro- vided herein. (c) Leadership The Center shall be headed by the Assistant Secretary of U.S. Immigration and Customs En- forcement, in collaboration with the Commis- sioner 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. Immigra- tion and Customs Enforcement. (2) The Commissioner of U.S. Customs and Border Protection. (3) Individuals who are designated as ana- lysts in U.S. Immigration and Customs En- forcement or U.S. Customs and Border Protec- tion. (4) Individuals who are designated as pro- gram managers in U.S. Immigration and Cus- toms 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 Of- fender Registry; (B) review the United States Marshals Service’s National Sex Offender Targeting