22 USC 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
Terms Used In 22 USC 212b
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
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.