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22 U.S.C. § 212bUnique passport identifiers for covered sex offenders

submitted 10 years ago by Pub. L. 110-457 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 399 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires special passport markings for certain registered sex offenders. Once confirmed as a covered sex offender, a person's passport must carry a unique identifier. The State Department can reissue a plain passport once someone is no longer required to register.

(a) In general. As soon as the Secretary of State receives a written determination from the Angel Watch Center — made through the process developed under section 21507 of title 34 — that an individual is a "covered sex offender," the Secretary of State must take the action described in subsection (b). (b) Authority to use unique passport identifiers. (1) In general. Except as paragraph (2) allows, the Secretary of State may not issue a passport to a covered sex offender unless it contains a unique identifier, and may revoke a passport previously issued to a covered sex offender without one. (2) Authority to reissue. Despite paragraph (1), the Secretary of State may reissue a passport without the identifier if the individual reapplies for a passport and the Angel Watch Center provides a new written determination — again through the section 21507 process — 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 denied a passport with a unique identifier, or required to keep one, solely because the individual has moved or lives outside the United States. (c) Defined terms. (1) "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 any jurisdiction's sex offender registration program. (2) "Unique identifier" means any visual marking placed in a conspicuous location on the passport, showing that the holder is a covered sex offender. (3) "Passport" means a passport book or a passport card. (d) Prohibition. The Secretary of State, the Secretary of Homeland Security, the Attorney General, and their agencies, officers, employees, and agents are not liable to anyone for actions taken under this section. (e) Disclosure. To help carry out 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 takes effect once the Secretary of State, the Secretary of Homeland Security, and the Attorney General certify to the appropriate congressional committees that the process required and reported under section 21507 of title 34 has been successfully implemented.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 110-457 · 130 Stat. 24
  • 2023Amended · Pub. L. 117-347 · 136 Stat. 6207

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-457 on 2016-02-08.

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