§ 213. — Application for passport; verification by oath of initial passport.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC213]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 4--PASSPORTS
Sec. 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, Sec. 1, 40 Stat. 227; Pub. L. 90-428,
Sec. 3, July 26, 1968, 82 Stat. 446.)
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taking application for passport, was omitted as superseded by sections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.
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.
Issuance of Passports for Children Under Age 14
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II,
Sec. 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.''
Section Referred to in Other Sections
This section is referred to in section 408a of this title.
