
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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taking application for passport, was omitted as superseded by sections 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.
