§ 212b. Unique passport identifiers for covered sex offenders

Statutory text

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).

Authority to use unique passport identifiers

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.

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.

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.

Defined terms

In this section—

the term “covered sex offender” means an individual who—

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

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

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

the term “passport” means a passport book or passport card.

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.

Disclosure

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

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2016
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
Pub. L. 110–457 title II § 240 · 122 Stat. 5044
Enacted · 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
Source evidence
Code source credit
Pub. L. 110–457, title II, § 240, as added Pub. L. 114–119, § 8, Feb. 8, 2016, 130 Stat. 24
2023
Abolish Trafficking Reauthorization Act of 2022
Pub. L. 117–347 title III § 323(b) · 136 Stat. 6199
Added · 22 U.S.C. § 212b(b)(3)
Pub. L. 117–347 added par. (3)
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 117–347 added par. (3).
Enacted provision · exact public law section
(b) Clarification With Respect to Continuing Registration.— Section 240(b) of William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (22 U.S.C. 212b(b)) is amended by adding at the end the following: “(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.” .

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

2023—Subsec. (b)(3). Pub. L. 117–347 added par. (3).

Credits

2016–2023 · 2 acts

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

Show as published

(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.)