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

submitted 109 years ago by ch. 30 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 206 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets passport application requirements. Applicants submit a written, factual application; first-timers must swear to it under oath. Applications also include an optional form consenting to information-sharing if the applicant is wrongfully detained abroad.

This section is a single, undivided rule covering three requirements. First, before anyone can get a passport issued by or under U.S. authority, they must submit a written application. That application must truthfully state every fact that a law, or a rule authorized by law, requires as a prerequisite for issuing a passport. Second, if the applicant has not previously been issued a U.S. passport, the application must be verified — meaning the applicant must swear to it under oath, before someone the Secretary of State has authorized to administer oaths. Third, every passport application made available to potential applicants (Form DS-11) and every passport renewal application made available to current passport holders (Form DS-82) must include a form that the applicant can complete. Completing it means the applicant consents to letting the government disclose information that section 552a of title 5 (commonly known as the Privacy Act of 1974) would otherwise protect, but only if the applicant is later determined to be wrongfully detained by a foreign government. Declining to complete this form does not affect whether a qualified applicant gets a passport, and does not affect diplomatic efforts to secure the release of a wrongfully detained U.S. national from a foreign government or entity.
the actual law source: uscode.house.gov ↗public domain

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. Each passport application made available to potential applicants (DS–11) and each passport renewal application made available to current passport holders (DS–82) shall include a form that, if completed, indicates the applicant’s consent to the disclosure of information otherwise protected under section 552a of title 5 (commonly known as the “Privacy Act of 1974”) in the event such applicant is determined to be wrongfully detained by a foreign government. Declining to complete such form shall not affect the issuance of a passport to a qualified applicant or diplomatic efforts to secure the release of a United States national from the custody of a foreign government or entity.

Source credit: (June 15, 1917, ch. 30, title IX, § 1, 40 Stat. 227; Pub. L. 90–428, § 3, July 26, 1968, 82 Stat. 446; Pub. L. 118–159, div. G, title LXXVII, § 7706(b), Dec. 23, 2024, 138 Stat. 2555.)

history & why it existsrecord from the source credit
  • 1917Enacted · Act of June 15, 1917, ch. 30 · 40 Stat. 227
  • 1968Amended · Pub. L. 90-428 · 82 Stat. 446
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 2555

A history note hasn’t been published yet. The record shows enactment by ch. 30 on 1917-06-15.

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