22 U.S.C. § 212b

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 212b - Unique passport identifiers for covered sex offenders

(a) In general

Immediately after receiving a written determination from the Angel Watch Center that an individual is a covered sex offender, through the process developed for that purpose under section 21507 of title 34, the Secretary of State shall take appropriate action under subsection (b).

(b) Authority to use unique passport identifiers

(1) In general

Except as provided under paragraph (2), the Secretary of State shall not issue a passport to a covered sex offender unless the passport contains a unique identifier, and may revoke a passport previously issued without such an identifier of a covered sex offender.

(2) Authority to reissue

Notwithstanding paragraph (1), the Secretary of State may reissue a passport that does not include a unique identifier if an individual described in subsection (a) reapplies for a passport and the Angel Watch Center provides a written determination, through the process developed for that purpose under section 21507 of title 34, to the Secretary of State that the individual is no longer required to register as a covered sex offender.

(3) Clarification with respect to continuing registration

An individual may not be issued or reissued a passport without a unique identifier solely because the individual has moved or otherwise resides outside the United States.

(c) Defined terms

In this section-

(1) the term "covered sex offender" means an individual who-

(A) is a sex offender, as defined in section 21503(f) of title 34; and

(B) is currently required to register under the sex offender registration program of any jurisdiction;

(2) the term "unique identifier" means any visual designation affixed to a conspicuous location on the passport indicating that the individual is a covered sex offender; and

(3) the term "passport" means a passport book or passport card.

(d) Prohibition

The Secretary of State, the Secretary of Homeland Security, and the Attorney General, and their agencies, officers, employees, and agents, shall not be liable to any person for any action taken under this section.

(e) Disclosure

In furtherance of this section, the Secretary of State may require a passport applicant to disclose that they are a registered sex offender.

(f) Effective date

This section shall take effect upon certification by the Secretary of State, the Secretary of Homeland Security, and the Attorney General, that the process developed and reported to the appropriate congressional committees under section 21507 of title 34 has been successfully implemented.

22 U.S.C. § 212b

Pub. L. 110-457, title II, §240, as added Pub. L. 114-119, §8, Feb. 8, 2016, 130 Stat. 24; amended Pub. L. 117-347, title III, §323(b), Jan. 5, 2023, 136 Stat. 6207.

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (b)(3). Pub. L. 117-347 added par. (3).