§ 211a. — Authority to grant, issue, and verify passports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC211a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 4--PASSPORTS
Sec. 211a. Authority to grant, issue, and verify passports
The Secretary of State may grant and issue passports, and cause
passports to be granted, issued, and verified in foreign countries by
diplomatic and consular officers of the United States, and by such other
employees of the Department of State who are citizens of the United
States as the Secretary of State may designate, and by the chief or
other executive officer of the insular possessions of the United States,
under such rules as the President shall designate and prescribe for and
on behalf of the United States, and no other person shall grant, issue,
or verify such passports. Unless authorized by law, a passport may not
be designated as restricted for travel to or for use in any country
other than a country with which the United States is at war, where armed
hostilities are in progress, or where there is imminent danger to the
public health or the physical safety of United States travellers.
(July 3, 1926, ch. 772, Sec. 1, 44 Stat. 887; Pub. L. 95-426, title I,
Sec. 124, Oct. 7, 1978, 92 Stat. 971; Pub. L. 103-236, title I,
Sec. 127(a), Apr. 30, 1994, 108 Stat. 394; Pub. L. 103-415, Sec. 1(b),
Oct. 25, 1994, 108 Stat. 4299.)
Amendments
1994--Pub. L. 103-415, Sec. 1(b)(1), substituted ``such other
employees'' for ``such employees''.
Pub. L. 103-415, Sec. 1(b)(2), which directed the amendment of this
section by substituting ``United States'' for ``United States,'' was
executed by making the substitution after ``who are citizens of the'',
to reflect the probable intent of Congress.
Pub. L. 103-236 substituted ``by diplomatic and consular officers of
the United States, and by other employees of the Department of State who
are citizens of the United States,'' for ``by diplomatic representatives
of the United States, and by such consul generals, consuls, or vice
consuls when in charge,''.
1978--Pub. L. 95-426 inserted provision prohibiting passport
restrictions except for countries with which the United States is at
war, where armed hostilities are in progress or there is imminent danger
to the public health or physical safety of United States travellers.
Limitations on Use of Funds for Procurement of Paper for Passports
Pub. L. 100-440, title VI, Sec. 617(b), Sept. 22, 1988, 102 Stat.
1755, provided that: ``None of the funds made available by this or any
other Act with respect to any fiscal year may be used to procure paper
for passports granted or issued pursuant to the first section of the Act
entitled `An Act to regulate the issue and validity of passports, and
for other purposes', approved July 3, 1926 (22 U.S.C. 211a), if such
paper is manufactured outside of the United States or its possessions or
is procured from any corporation or other entity owned or controlled by
persons not citizens of the United States. This subsection shall not
apply if no domestic manufacturer for passport paper exists.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 622(b)], Dec. 22, 1987,
101 Stat. 1329-390, 1329-428.
Persons Entitled to Diplomatic or Official United States Passport
Section 125 of Pub. L. 95-426 provided that: ``It is the sense of
the Congress that a diplomatic or official United States passport should
be issued only to, and used only by, a person who holds a diplomatic or
other official position in the United States Government or who is
otherwise eligible for such a passport under conditions specifically
authorized by law.''
Ex. Ord. No. 11295. Rules Governing Granting, Issuing, and Verifying of
Passports
Ex. Ord. No. 11295, Aug. 5, 1966, 31 F.R. 10603, provided:
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, and as President of the United States, it is
ordered as follows:
Section 1. Delegation of authority. The Secretary of State is hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority conferred
upon the President by the first section of the Act of July 3, 1926 (22
U.S.C. 211a), to designate and prescribe for and on behalf of the United
States rules governing the granting, issuing, and verifying of
passports.
Sec. 2. Superseded orders. Subject to Section 3 of this order, the
following are hereby superseded:
(1) Executive Order No. 7856 of March 31, 1938, entitled ``Rules
Governing the Granting and Issuing of Passports in the United States.''
(2) Executive Order No. 8820 of July 11, 1941, entitled ``Amending
the Foreign Service Regulations of the United States.''
Sec. 3. Saving provisions. All rules and regulations contained in
the Executive order provisions revoked by Section 2 of this order, and
all rules and regulations issued under the authority of those
provisions, which are in force at the time of the issuance of this order
shall remain in full force and effect until revoked, or except as they
may be hereafter amended or modified, in pursuance of the authority
conferred by this order, unless sooner terminated by operation of law.
Lyndon B. Johnson.
