§21502. Definitions — Inbound Citations
34 U.S.C. § 21502
Cited by 222 provisions in release 119-102.
Citations to §21502(1)
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(1) provide the written notice described in subsection (b) to medical centers, hospitals, forensic examiners, sexual assault service providers, State and local law enforcement agencies, and any other State agency or department reasonably likely to serve sexual assault survivors; and
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(1) The Attorney General is authorized to make grants to institutions of higher education, for use by such institutions or consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution, to develop and strengthen effective security and investigation strategies to combat domestic violence, dating violence, sexual assault, and stalking on campuses, to develop and strengthen victim services in cases involving such crimes on campuses, which may include partnerships with local criminal justice authorities and community-based victim services agencies, and to develop and strengthen prevention education and awareness programs.
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(11) To train campus health centers and appropriate campus faculty, such as academic advisors or professionals who deal with students on a daily basis, on how to recognize and respond to domestic violence, dating violence, sexual assault, and stalking, including training health providers on how to provide universal education to all members of the campus community on the impacts of violence on health and unhealthy relationships and how providers can support ongoing outreach efforts.
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(9) State chapters of children’s advocacy center networks are needed to—(A) assist local communities in coordinating their multidisciplinary child abuse investigation, prosecution, and intervention services; and(B) provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming, and operations of centers.
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(B) provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming, and operations of centers.
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(8) the term “State chapter” means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and organizational capacity support to local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
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(3) train physicians and other health care and mental health care professionals, law enforcement officers, child protective service workers, forensic interviewers, prosecutors, victim advocates, multidisciplinary team leadership, and children’s advocacy center staff, in the multidisciplinary approach to child abuse so that trained personnel will be available to provide support to community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that respond to child abuse cases;
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(A) local children’s advocacy centers; and
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(B) communities that want to develop local children’s advocacy centers.
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(A) establish and maintain regional children’s advocacy program centers; and
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(B) fund existing regional centers with expertise in multidisciplinary team investigation, trauma-informed interventions, and evidence-informed treatment,
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(A) assist communities, local children’s advocacy centers, multidisciplinary teams, and State chapters—(i) in developing and expanding a comprehensive, multidisciplinary response to child abuse that is designed to meet the needs of child victims and their families;(ii) in promoting the effective delivery of the evidence-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in—(I) organizational support and development;(II) programmatic evaluation; and(III) financial oversight of Federal funding;(iii) in establishing child-friendly facilities for the investigation and intervention in child abuse;(iv) in preventing or reducing trauma to children caused by duplicative contacts with community professionals;(v) in providing families with needed services and assisting them in regaining maximum functioning;(vi) in maintaining open communication and case coordination among community professionals and agencies involved in child protection efforts;(vii) in coordinating and tracking investigative, preventive, prosecutorial, and treatment efforts;(viii) in obtaining information useful for criminal and civil proceedings;(ix) in holding offenders accountable through improved prosecution of child abuse cases;(x) in enhancing professional skills necessary to effectively respond to cases of child abuse through training; and(xi) in enhancing community understanding of child abuse; and
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(ii) in promoting the effective delivery of the evidence-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in—(I) organizational support and development;(II) programmatic evaluation; and(III) financial oversight of Federal funding;
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(B) provide training and technical assistance to local children’s advocacy centers, interested communities, and chapters in its census region that are grant recipients under section 20304 of this title.
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(D) Experience in serving as a center for training and education and as a resource facility.
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(i) include a single or multiyear management plan that outlines how the applicant will provide information, services, and technical assistance to communities and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children’s advocacy centers in their State;
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(1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children’s advocacy centers and multidisciplinary teams;
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(3) promote the effective delivery of the evidence-based, trauma-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse; and
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(4) develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children’s advocacy center organizational capacity and operations in order to meet such practice standards and best practices.
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(B) An appropriate site for referring, interviewing, treating, and counseling child victims of sexual and serious physical abuse and neglect and nonoffending family members (referred to as a “children’s advocacy center”).
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(C) Referral of all child abuse cases that meet designated referral criteria to the children’s advocacy center not later than 24 hours to the greatest extent practicable, but in no case later than 72 hours, after notification of an incident of abuse.
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(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children’s advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services.
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(H) Designation of a director for the children’s advocacy center.
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(K) Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
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(e) A grant recipient under this section shall consult from time to time with regional children’s advocacy centers in its census region that are grant recipients under section 20303 of this title.
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(f) In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
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(B) promoting the effective delivery of the evidence-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding.
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(A) the method by which amounts are allocated to grantees and subgrantees under this subchapter, including to local children’s advocacy centers, State chapters, and regional children’s advocacy program centers; and
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(B) is an employee or representative of the United States Center for SafeSport;
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(a) Except as provided in subsection (b), the National Center for Missing and Exploited Children, including any of its officers, employees, or agents, shall not be liable for damages in any civil action for defamation, libel, slander, or harm to reputation arising out of any action or communication by the National Center for Missing and Exploited Children, its officers, employees, or agents, in connection with any clearinghouse, hotline or complaint intake or forwarding program or in connection with activity that is wholly or partially funded by the United States and undertaken in cooperation with, or at the direction of a Federal law enforcement agency.
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(b) The limitation in subsection (a) does not apply in any action in which the plaintiff proves that the National Center for Missing and Exploited Children, its officers, employees, or agents acted with actual malice, or provided information or took action for a purpose unrelated to an activity mandated by Federal law. For purposes of this subsection, the prevention, or detection of crime, and the safety, recovery, or protection of missing or exploited children shall be deemed, per se, to be an activity mandated by Federal law.
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(i) child advocacy centers;
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(G) collaborative efforts with child advocacy centers, child welfare agencies, shelters, and nongovernmental organizations with substantial experience in delivering wrap-around services to victims of child human trafficking to provide services to victims and encourage cooperation with law enforcement.
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(2) the term “child advocacy center” means a center created under subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.);1
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(ii) The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to law enforcement authorities, including children classified as “runaways”, for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children, under paragraph (35)(B) of such section [42 U.S.C. 671(a)(35)(B)].
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(C) The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18 with respect to ordering restitution for victims of offenses under chapter 77 of such title.
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(C) CyberTipline reports from the National Center for Missing and Exploited Children;
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(4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children.
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(III) the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services;
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(II) the United States Marshals Service Sex Offender Targeting Center;
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(E) the United States Marshals Service, including the Sex Offender Targeting Center;
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(i) the National Center for Missing and Exploited Children;
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(1) the National Center for Missing and Exploited Children, to be used only within the scope of the Center’s duties and responsibilities under Federal law to assist or support law enforcement agencies in administration of criminal justice functions; and
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(2) limited to personnel of the Center or such agencies that have met all requirements set by the Attorney General, including training, certification, and background screening.
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(7) Due in part to the combined efforts of law enforcement officials at the local, State, and Federal level, as well as the efforts of the Rape, Abuse & Incest National Network (RAINN) and its affiliated rape crisis centers across the United States, sexual violence in America has fallen by more than half since 1994.
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(1) The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage children, parents, and community leaders to better protect children when such children are on the Internet.
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(b) The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage parents and community leaders to better access and utilize the Federal and State sex offender registries.
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(B) the number of tips or other statistical data from the CyberTipline of the National Center for Missing and Exploited Children and other data indicating the magnitude of child pornography trafficking; and
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(3) providing training and technical assistance to ICAC task forces and other Federal, State, Tribal, military, and local law enforcement agencies, including probation and parole agencies, child advocacy centers, and child protective services, in the areas of investigations, forensics, prosecution, community outreach, and capacity-building, using recognized experts to assist in the development and delivery of training programs;
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(5) 1 representative of the Immigration and Customs Enforcement’s Cyber Crimes Center;
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(a) 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).
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(1) The Center may receive incoming notifications concerning individuals seeking to enter the United States who have committed offenses of a sexual nature.
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(2) 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.
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(c) 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.
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(d) 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.
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(1) 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
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(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
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(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
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(2) 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).
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(A) 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).
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(ii) after completing the activities described in paragraph (1), the Center receives information pertaining to a sex offender under paragraph (2).
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(B) 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.
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(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
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(ii) the Center has not received a transmission pursuant to paragraph (2), provided it is not more than 24 hours before the intended travel.
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(C) 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.
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(D) 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.
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(4) 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).
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(A) 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.
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(6) 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.
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(A) 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.
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(B) 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).
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(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).
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(C) The Center shall make publicly available information on how an individual may submit a complaint under this section.
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(8) 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.
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(9) 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.
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(a) 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.
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(b) 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.
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(c) For purposes of carrying out this chapter, 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.)1 for the list of individuals transmitted under section 21503(e)(1)(C) of this title;(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 chapter.
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(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;
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(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.)1 for the list of individuals transmitted under section 21503(e)(1)(C) of this title;
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(3) make available to the Angel Watch Center information on travel by sex offenders in a timely manner; and
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(d) 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.
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(3) if applicable, send a notification of correction to the Angel Watch Center.
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(e) 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.
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(1) 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.
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(2) 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).
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(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).
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(3) 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.
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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 chapter and the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).1 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.
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(C) command center operations;
Citations to §21502(2)
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(1) all fines that are collected from persons convicted of offenses against the United States except—(A) fines available for use by the Secretary of the Treasury pursuant to—(i) section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)); and(ii) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); and(B) fines to be paid into—(i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.);(ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in section 404(a)(7) of title 39;(iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and(iv) county public school funds pursuant to section 3613 of title 18;
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(8) such program does not provide compensation to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense;
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(6) the term “nonoffending family member” means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse;
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(F) a court-appointed special advocate program not accept volunteers who have been convicted of, have charges pending for, or have in the past been charged with, a felony or misdemeanor involving a sex offense, violent act, child abuse or neglect, or related acts that would pose risks to children or to the court-appointed special advocate program’s credibility;
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(D) to educate persons charged with, or convicted of, purchasing or attempting to purchase commercial sex acts;
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(i) has been convicted of a sexually violent offense; or
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(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.
Citations to §21502(3)
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(A) 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.
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(1) a covered sex offender; or
Citations to §21502(4)
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(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.
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(A) 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).
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(B) 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.
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(i) send a notification of correction to the destination country notified;
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(B) the response of the destination country to notifications under paragraph (3), where available;
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(E) whether the information was transmitted to the destination country before scheduled commencement of sex offender travel; and
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(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
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(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).
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(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
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(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;
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(b) 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.
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(1) send a notification of correction to the destination country notified;
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(2) the response of the destination country to notifications under paragraphs (1) and (2) of subsection (a), where available;
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(5) whether the information was transmitted to the destination country before scheduled commencement of sex offender travel; and
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(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
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(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).
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(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
Citations to §21502(5)
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(8) 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.
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(e) 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.
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In carrying out this chapter, and the amendments made by this chapter, 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.
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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 chapter and the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).1 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.
Citations to §21502(6)
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(a) The Director may make grants as provided in section 20103(c)(1)(A) of this title to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18.
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(A) Of the amount made available under this subsection in each fiscal year, not less than 3 percent shall be used for grants for programs that assist adult and youth victims of domestic violence, dating violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe.
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(7) barriers that impede victims’ ability to pursue legal action, including legal costs and filing fees, and complexities of the jurisdiction of law enforcement agencies.
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(ii) arising from acts of international terrorism, for which the foreign state was determined not to be immune from the jurisdiction of the courts of the United States under section 1605A, or section 1605(a)(7) (as such section was in effect on January 27, 2008), of title 28;
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(6) The term “source other than this Fund” means all collateral sources, including life insurance, pension funds, death benefit programs, payments by Federal, State, or local governments, and court awarded compensation related to the act of international terrorism that gave rise to a claimant’s final judgment, except that the term does not include payments received in connection with an international claims agreement to which the United States is a state party or any other settlement of terrorism-related claims against Sudan. The term “entitled or scheduled to receive” in subsection (d)(3)(B)(i) includes any potential recovery where that person or their representative is a party to any civil or administrative action pending in any court or agency of competent jurisdiction in which the party seeks to enforce the judgment giving rise to the application to the Fund.
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(8) The term “United States person” means a natural person who has suffered an injury arising from the actions of a foreign state for which the foreign state has been determined not to be immune from the jurisdiction of the courts of the United States under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008) of title 28 or is eligible to make a claim under subsection (c)(2)(B) or subsection (c)(2)(C).
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(d) In awarding grants under this section, the Administrator shall ensure that grants are distributed to all States that are eligible for such grants, including large and small States, and to rural, suburban, and urban jurisdictions.
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(A) The Attorney General, in consultation and cooperation with the Secretary of Health and Human Services, shall conduct an annual conference in each of the fiscal years 2006, 2007, and 2008, and thereafter conduct a biennial conference, addressing severe forms of trafficking in persons and commercial sex acts that occur, in whole or in part, within the territorial jurisdiction of the United States. At each such conference, the Attorney General, or his designee, shall—(i) announce and evaluate the findings contained in the research and statistical reviews carried out under paragraph (1);(ii) disseminate best methods and practices for enforcement of laws prohibiting acts of severe forms of trafficking in persons and other laws related to acts of trafficking in persons, including, but not limited to, best methods and practices for training State and local law enforcement personnel on the enforcement of such laws;(iii) disseminate best methods and practices for training State and local law enforcement personnel on the enforcement of laws prohibiting sex trafficking and commercial sex acts, including, but not limited to, best methods for investigating and prosecuting exploiters and persons who solicit or purchase an unlawful commercial sex act; and(iv) disseminate best methods and practices for training State and local law enforcement personnel on collaborating with social service providers and relevant nongovernmental organizations and establishing trust of persons subjected to commercial sex acts or severe forms of trafficking in persons.
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(1) an evaluation of the impact of this section in aiding minor victims of sex trafficking in the jurisdiction of the entity receiving the grant; and
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(A) to investigate and prosecute acts of severe forms of trafficking in persons, and related offenses that occur, in whole or in part, within the territorial jurisdiction of the United States;
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(B) a tribal protection order registry containing civil and criminal orders of protection issued by Indian tribes and participating jurisdictions.
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(a) The Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. For the purposes of section 566(e)(1)(B) of title 28, a sex offender who violates a sex offender registration requirement shall be deemed a fugitive.
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The Attorney General shall provide assistance to jurisdictions in the identification and location of a sex offender relocated as a result of a major disaster.
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(a) Except as provided in subsection (b), the Attorney General shall make grants to jurisdictions for the purpose of establishing, enhancing, or operating effective civil commitment programs for sexually dangerous persons.
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(1) To be eligible to receive a grant under this section, a jurisdiction shall, before the expiration of the compliance period—(A) have established a civil commitment program for sexually dangerous persons that is consistent with guidelines issued by the Attorney General; or(B) submit a plan for the establishment of such a program.
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(2) The compliance period referred to in paragraph (1) expires on the date that is 2 years after July 27, 2006. However, the Attorney General may, on a case-by-case basis, extend the compliance period that applies to a jurisdiction if the Attorney General considers such an extension to be appropriate.
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(d) Not later than January 31 of each year, beginning with 2008, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of jurisdictions in implementing this section and the rate of sexually violent offenses for each jurisdiction.
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(3) The term “jurisdiction” has the meaning given such term in section 20911 of this title.
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(1) to any law enforcement agency that serves a jurisdiction with 50,000 or more residents; and
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(2) to any law enforcement agency that serves a jurisdiction with fewer than 50,000 residents, upon a showing of need.
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(b) A grant made to a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to law enforcement agencies within the jurisdiction of such State, unit, or tribal government to be used for any of the following activities:(1) To establish a voluntary fingerprinting program for children, which may include the taking of palm prints of children.(2) To hire additional law enforcement personnel, or train existing law enforcement personnel, to take fingerprints of children.(3) To provide information within the community involved about the existence of such a fingerprinting program.(4) To provide for computer hardware, computer software, or other materials necessary to carry out such a fingerprinting program.
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(1) the use by the Department of Justice of the United States Marshals Service to assist jurisdictions in locating and apprehending sex offenders who fail to comply with sex offender registration requirements, as authorized by this chapter;
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(3) a detailed explanation of each jurisdiction’s compliance with subchapter I of this chapter;
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(D) communicating the National Strategy to Congress and being available to answer questions related to the strategy at congressional hearings, if requested by committees of appropriate jurisdictions, on the contents of the National Strategy and progress of the Department of Justice in implementing the National Strategy.
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(II) The number of investigative leads within the applicant’s jurisdiction generated by the ICAC Data Network, the CyberTipline, and other sources.
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(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.
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(b) 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.
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(2) a person required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry.
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(a) The consent of Congress is given to any two or more States (acting through State agencies with jurisdiction over adult protective services) to enter into agreements or compacts for cooperative effort and mutual assistance—(1) in promoting the safety and well-being of elders; and(2) in enforcing their respective laws and policies to promote such safety and well-being.
Citations to §21502(8)
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(a) The Attorney General, using the authority provided in section 114(a)(7)1 of the Sex Offender Registration and Notification Act [34 U.S.C. 20914(a)(7)], shall require that each sex offender provide to the sex offender registry those Internet identifiers the sex offender uses or will use of any type that the Attorney General determines to be appropriate under that Act [34 U.S.C. 20901 et seq.]. These records of Internet identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the same extent as the other records in the National Sex Offender Registry.
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(1) The Attorney General shall establish and maintain a secure system that permits social networking websites to compare the information contained in the National Sex Offender Registry with the Internet identifiers of users of the social networking websites, and view only those Internet identifiers that match. The system—(A) shall not require or permit any social networking website to transmit Internet identifiers of its users to the operator of the system, and(B) shall use secure procedures that preserve the secrecy of the information made available by the Attorney General, including protection measures that render the Internet identifiers and other data elements indecipherable.
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(A) A civil claim against a social networking website, including any director, officer, employee, parent, contractor, or agent of that social networking website, arising from the use by such website of the National Sex Offender Registry, may not be brought in any Federal or State court.
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(a) The Attorney General shall maintain a national database at the Federal Bureau of Investigation for each sex offender and any other person required to register in a jurisdiction’s sex offender registry. The database shall be known as the National Sex Offender Registry.
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(b) The Attorney General shall ensure (through the National Sex Offender Registry or otherwise) that updated information about a sex offender is immediately transmitted by electronic forwarding to all relevant jurisdictions.
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(1) The Attorney General, who shall include that information in the National Sex Offender Registry or other appropriate databases.
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The Secretary of Defense shall provide to the Attorney General the information described in section 20914 of this title to be included in the National Sex Offender Registry and the Dru Sjodin National Sex Offender Public Website regarding persons—
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(A) determine if individuals traveling abroad are listed on the National Sex Offender Registry;
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(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.
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(b) 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.
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(2) a person required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry.
Citations to §21502(9)
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In order to protect the public from sex offenders and offenders against children, and in response to the vicious attacks by violent predators against the victims listed below, Congress in this chapter establishes a comprehensive national system for the registration of those offenders:
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(8) Amie Zyla, who was 8 years old, was sexually assaulted in 1996 by a juvenile offender in Waukesha, Wisconsin, and has become an advocate for child victims and protection of children from juvenile sex offenders.
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(10) Alexandra Nicole Zapp, who was 30 years old, was brutally attacked and murdered in a public restroom by a repeat sex offender in 2002, in Bridgewater, Massachusetts.
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This chapter establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program.
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(A) a national tribal sex offender registry; and
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(a) The Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. For the purposes of section 566(e)(1)(B) of title 28, a sex offender who violates a sex offender registration requirement shall be deemed a fugitive.
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(II) the United States Marshals Service Sex Offender Targeting Center;
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(E) the United States Marshals Service, including the Sex Offender Targeting Center;
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The Attorney General shall provide assistance to jurisdictions in the identification and location of a sex offender relocated as a result of a major disaster.
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(1) expand training efforts with Federal, State, and local law enforcement officers and prosecutors to effectively respond to the threat to children and the public posed by sex offenders who use the Internet and technology to solicit or otherwise exploit children;
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(3) host national conferences to train Federal, State, and local law enforcement officers, probation and parole officers, and prosecutors regarding pro-active approaches to monitoring sex offender activity on the Internet;
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(4) develop and distribute, for personnel listed in paragraph (3), information regarding multidisciplinary approaches to holding offenders accountable to the terms of their probation, parole, and sex offender registration laws; and
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(5) partner with other agencies to improve the coordination of joint investigations among agencies to effectively combat online solicitation of children by sex offenders.
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(a) There is established within the Department of Justice, under the general authority of the Attorney General, an Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (hereinafter in this section referred to as the “SMART Office”).
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(1) administer the standards for the sex offender registration and notification program set forth in this chapter;
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(2) administer grant programs relating to sex offender registration and notification authorized by this chapter and other grant programs authorized by this chapter as directed by the Attorney General;
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(3) cooperate with and provide technical assistance to States, units of local government, tribal governments, and other public and private entities involved in activities related to sex offender registration or notification or to other measures for the protection of children or other members of the public from sexual abuse or exploitation; and
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(i) carrying out programs to outfit sex offenders with electronic monitoring units; and
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(1) hire additional law enforcement personnel or train existing staff to combat the sexual abuse of children through community education and outreach, investigation of complaints, enforcement of laws relating to sex offender registries, and management of released sex offenders;
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(3) purchase computer hardware and software necessary to investigate sexual abuse of children over the Internet, access local, State, and Federal databases needed to apprehend sex offenders, and facilitate the creation and enforcement of sex offender registries.
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(b) The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage parents and community leaders to better access and utilize the Federal and State sex offender registries.
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(b) Under the Program, the Attorney General is authorized to award grants to State,1 local governments, and Indian tribal governments to assist in carrying out programs requiring an appropriate official to verify, at appropriate intervals, the residence of all or some registered sex offenders.
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(1) the use by the Department of Justice of the United States Marshals Service to assist jurisdictions in locating and apprehending sex offenders who fail to comply with sex offender registration requirements, as authorized by this chapter;
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(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.
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(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.
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(4) Law enforcement reports indicate that known child-sex offenders are traveling internationally.
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(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
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(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
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(2) 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).
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(A) 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).
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(ii) after completing the activities described in paragraph (1), the Center receives information pertaining to a sex offender under paragraph (2).
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(B) 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.
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(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
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(4) 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).
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(E) whether the information was transmitted to the destination country before scheduled commencement of sex offender travel; and
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(9) 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.
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(f) 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.
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(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.
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(a) 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.
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(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;
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(2) share information relating to traveling sex offenders with other Federal, State, local, and foreign agencies and entities, as appropriate;
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(b) 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.
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(c) For purposes of carrying out this chapter, 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.)1 for the list of individuals transmitted under section 21503(e)(1)(C) of this title;(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 chapter.
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(3) make available to the Angel Watch Center information on travel by sex offenders in a timely manner; and
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(d) 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.
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(e) 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.
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(5) whether the information was transmitted to the destination country before scheduled commencement of sex offender travel; and
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(1) 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.
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(2) 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).
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(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).
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(3) 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.
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(h) 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.
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(1) a sex offender under SORNA; or
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(2) a person required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry.
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In carrying out this chapter, and the amendments made by this chapter, 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.
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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 chapter and the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).1 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.
Citations to §21502(10)(A)
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(I) Any conduct that by its nature is a sex offense against a minor.