22 U.S. Code § 213 - Application for passport; verification by oath of initial passport

Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application which shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. If the applicant has not previously been issued a United States passport, the application shall be duly verified by his oath before a person authorized and empowered by the Secretary of State to administer oaths.

(June 15, 1917, ch. 30, title IX, § 1, 40 Stat. 227; Pub. L. 90–428, § 3, July 26, 1968, 82 Stat. 446.)

Editorial Notes

Codification

Second sentence of act June 15, 1917, which related to fees for taking application for passport, was omitted as superseded by sections 214 to 217a of this title.

Amendments

1968—Pub. L. 90–428 substituted provisions requiring that the initial passport application be duly verified under oath before a person authorized and empowered by the Secretary of State to administer oaths for provisions requiring that each passport application be duly verified under oath before a person authorized and empowered to administer oaths.

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–428 effective on thirtieth day following July 26, 1968, see section 4 of Pub. L. 90–428, set out as a note under section 217a of this title.

Return of Supporting Documents for Passport Applications Through United States Postal Service Certified Mail

Pub. L. 117–263, div. I, title XCVII, § 9714, Dec. 23, 2022, 136 Stat. 3921, provided that:

“(a) In General.—

Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary shall establish a procedure that provides, to any individual applying for a new United States passport or to renew the United States passport of the individual by mail, the option to have supporting documents for the application returned to the individual by the United States Postal Service through certified mail.

“(b) Cost.—

“(1) Responsibility.—

The cost of returning supporting documents to an individual as described in subsection (a) shall be the responsibility of the individual.

“(2) Fee.—

The fee charged to the individual by the Secretary for returning supporting documents as described in subsection (a) shall be the sum of—

“(A) the retail price charged by the United States Postal Service for the service; and

“(B) the estimated cost of processing the return of the supporting documents.

“(3) Report.—

Not later than 30 days after the establishment of the procedure required under subsection (a), the Secretary shall submit a report to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] that—

“(A) details the costs included in the processing fee described in paragraph (2); and

“(B) includes an estimate of the average cost per request.”

Issuance of Passports for Children Under Age 14

Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 236], Nov. 29, 1999, 113 Stat. 1536, 1501A–430, provided that:

“(a) In General.—

“(1) Regulations.—

Not later than 1 year after the date of the enactment of this Act [Nov. 29, 1999], the Secretary of State shall issue regulations providing that before a child under the age of 14 years is issued a passport the requirements under paragraph (2) shall apply under penalty of perjury.

“(2) Requirements.—

“(A) Both parents, or the child’s legal guardian, must execute the application and provide documentary evidence demonstrating that they are the parents or guardian; or

“(B) the person executing the application must provide documentary evidence that such person—

“(i) has sole custody of the child;

“(ii) has the consent of the other parent to the issuance of the passport; or

“(iii) is in loco parentis and has the consent of both parents, of a parent with sole custody over the child, or of the child’s legal guardian, to the issuance of the passport.

“(b) Exceptions.—

The regulations required by subsection (a) may provide for exceptions in exigent circumstances, such as those involving the health or welfare of the child, or when the Secretary determines that issuance of a passport is warranted by special family circumstances.”