(1) In generalIn 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.).11 See References in Text note below.
(2) Provision of information to CenterTwenty-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 generalThe 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) ExceptionsThe 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) CorrectionsUpon 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) FormThe 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 AgreementNot 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).
(6) Collection of dataThe 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 generalThe 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 complaintsThe 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 awarenessThe Center shall make publicly available information on how an individual may submit a complaint under this section.
(D) Reporting requirementThe 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.