tion were added; and additional items were added to the "Travel Plan" block for statistical purposes. A statement was added later that State Courts could collect $2 for the execution of the passport application.12 Additional minor revisions were incorporated on February 1, 1957, and on December 12, 1957. On March 4, 1959, the application form changed again. Emphasis was placed on facilitating the processing of the applications. The form was changed from booklet-type to tumble-type pages. Sections and items were rearranged and regrouped in a more logical sequence for ease in reading and processing. A space for noting the approximate date of departure was added to page one, while the requirement of an affidavit of identifying witness was eliminated as well as the question of whether an applicant was a citizen by birth or naturalization. Questions regarding Communist affiliation and the statement regarding conviction for wartime desertion contained in the oath were also eliminated as a result of Supreme Court decisions.13 A full page of "Information for Passport Applicants" was made part of the form. Minor revisions to the application form were made on July 7, 1959, by adding a space for the name, address, and relationship of the bearer's next of kin to be notified in case of an emergency. The latest passport application form issued November 1975 includes several changes which occurred because of the Privacy Act.14 (Exhibits 93 and 94) Some information requested on the form is now not mandatory to the issuance of a U.S. passport and is so indicated. The basic law relating to U.S. passport applications states: 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 duly verified by his oath before a person authorized and empowered to administer oaths, which said application 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.15 Persons applying abroad at a diplomatic and consular post use a different application form than that in the United States. Form FS 176 is a combination passport application and registration form for U.S. citizens. In the United States an application for a passport must be executed in person before a Passport Agent, Clerk of any Federal Court, Clerk of any State Court of record or a judge or clerk of any probate court, or a postal employee designated by the postmaster 12 Act of Feb. 10, 1956. 13 Whiteman, Digest of International Law, vol. 8, U.S. Government Printing Office, Wash., D.C., 1967, p. 236. 14 22 Code of Federal Regulations 6a. 15 22 USC 213; Act of June 15, 1917. at a post office which has been selected to accept passport applications. Applications may be executed and passports issued by the Chief Executive Officer of the Commonwealth of Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands. Abroad, passport applications must be executed before a U.S. diplomatic or consular officer.16 A regular passport may be obtained by mail if the applicant has a previous passport issued within 8 years of the new application, if the applicant is over 18 years of age at the time of issuance of the previous passport, and if the new passport will not include any other person. The previous passport must be submitted with the application along with two new signed photographs. A special application form DSP-82 is provided for this purpose. The application by mail procedure may be used only in the United States.17 A minor may execute an application in his own behalf if he can understand the statements contained in the application. Provision is made for objection by parent or guardian. Parents or guardians may execute applications in behalf of minors.18 Criminal penalties are provided under U.S. laws for false statements in a passport application. The U.S. Code provides that "Whoever willfully and knowingly uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of false statement" shall be subject to fine and imprisonment.19 Oath of Allegiance The oath of allegiance was introduced in U.S. passport applications during the Civil War as a temporary wartime measure. Secretary of State William Henry Seward's letter to Mr. Hillin on August 23, 1861,20 explained why it was necessary: A passport cannot be issued to any citizen, claiming the protection of this Government, who is unwilling at a time of peril like the present, to make known his loyalty by taking the oath of allegiance. The first known oath appeared on a passport application dated August 31, 1861, and was the same as that prescribed by the Act of August 6, 1861, for persons assuming Federal office.21 Until 1966, 16 8. FAM 241.23. 17 22 Code of Federal Regulations 51.21c. 18 22 Code of Federal Regulations 51.27b and c. 19 Whiteman, Digest of International Law, vol. 8, U.S. Government Printing Office, Wash., D.C., 1967, p. 233; 18 USC 1542. 20 J. B. Moore, A Digest of International Law, vol. III, U.S. Government Printing Office, Wash. D.C., 1906, p. 915. 21 Gaillard Hunt, The American Passport, U.S. Government Printing Office, Wash., D.C., 1898, p. 69. E WOMEN MUST COMPLETE FOLLOWING IF CHILDREN OF A PREVIOUS MARRIAGE ARE INCLUDED CR IF PREVIOUSLY MARRIED BEFORE MARCH 3, 1981 I WAS PREVIOUSLY MARRIED ON WHO WAS BORN AT (City, State, Country) ON (Date of Bir TO (Full legal name) COMPLETE IF APPLICANT OR ANY PERSON INCLUDED IN SECTION 8 WAS NOT BORN IN THE UNITED STATES AND CLAIMS CITIZENSHIP THROUGH PARENT(S) ENTERED THE U.S. HP KNOWN, FATHER'S RESIDENCE (Year) DATE IP FATHER NATURALIZED: IF KNOWN, MOTHER'S RESIDENCE NO. OF PREVIOUS TRIPS ABROAD WITHIN I have not (and no other person included in this application has), since acquiring United States citizenship, been naturalized as a citizen of a foreign state; taken an oath or made an affirmation or other forma! declaration of allegiance to a foreign state; entered or served in the armed forces of a foreign state; ac cepted or pcriormed the duties of any office, post, or employment under the government of a foreign state or political subdivision thereof; made a formal renunciation of nationality either in the United States or before a diplomatic or consular officer of the United States in a foreign state; ever sought or claimed the benefits of the nationality of any foreiga state; or Leen convicted by a court or court martial of competent jurisdiction of committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, or conspiring to overthrow, put down or to destroy by force, the Covernment of the United States. (If any of the above-mentioned acts or conditions have been performed by or apply to the applicant, or to any other person to be included in the passport, the portion which applies should be struck out, and a supplementary explanatory statement under oath (or affirmation) by the person to whom the portion is applicable should be attached and made a part of this application.) WARNING: False statements made knowingly and willfully in pasaport applications or in affidavits or other supporting documents submitted therewith are punishable by fine and/or imprisonment under the provisions of 18 USC 1001 and/or 18 USC 1542. Alteration or mutilation of a passport issued pursuant to this application is punishable by fine and/or imprisonment under the provisions of 18 USC 1543. The use of a passport in violation of the restrictions contained thercia or of the passport regulations is punishable by fine and/or imprisonment under 18 USC 1544. All statements and documents submitted are subject to verification. I solemnly swear (or affirm) that the statements made on all the pages of this spplication are true and that the photograph attached is a likeness of me and of those persons to be included in the passport. IDENTIFYING DOCUMENT SUBMITTED (Proper evidence to identify the applicant and husband/wife to be included in the peasport must be submitted) The information solicited on this form is authorized by, but not limited to, those statutes codified in Titles 8, 18, and 22, United States Code, and all predecessor statutes whether or not codified, and all regulations issved pursuant to Executive Order 11295 of August 5, 1966. The primary purpose for soliciting the information is to establish citizenship, identity and entitlement to issuance of a United States Passport or related facility, and to properly administer and enforce the laws pertaining thereto. The information is made available as a routine use on a need-to-know basis to personnel of the Department of State and other government agencies having statutory or other lawful authority to maintain euch information in the performance of their official duties; pursuant to a subpoena or court order; and, as set forth in Part 6a, Title 22, Code of Federal Regulations (See Federal Register Volume 40, pages 45755, 45756, 47419 and 47420). Failure to provide the information requested on this form may result in the denial of a United States Passport, related document or service to the individual seeking such passport, document or service. A WHO MAY BE ISSUED A PASSPORT A passport may be issued only to citizens or nationals of the United States. 8. USE OF THIS FORM 1. This application must be personally presented to and executed by (a) a passport agent; (b) a clerk of any Federal court; (c) a clerk of any State court of record or a judge or clerk of any probate court; or (d) a postal employee designated by the Postmaster General. A wife or husband who is to be included in the passport must appear in person with the applicant and also sign the application. Unmarried children under the age of 18 years who are to be included in a passport application are not required to appear in person. (NOTE: A person included in the passport of another may not use the passport for travel unless he is accompanied by the bearer.) An unmarried person who has attained the age of 18 years must obtain a passport in his own name. Passport Agencies are located in the following cities: Boston, Chicago, Honolulu, Los Angeles, Miami, New Orleans, New York, Philadelphia, San Francisco, Seattle, and Washington, D.C. 2. Unless specifically limited by the Secretary of of State to a shorter period of validity, passports are valid for five years from the date of issue, after which a new passport must be obtained for travel. 3. Under certain circumstances, a person who is the bearer of a passport issued within eight years prior to the date of a new application and who can submit that passport with his new application, may apply for a subsequent passport by mail. A person who may be eligible to apply for a paszport by mail may obtain Form DSP-82, "Application for Passport by Mail," from travel agents, and the offices listed in Section B-1. Before completing the form, the applicant should carefully read the instructions on the reverse side to determine that he meets all of the requirements for obtaining a passport by mail. *Postal employees have been designated only in certain areas. C. PROOF OF UNITED STATES CITIZENSHIP IS REQUIRED OF APPLICANTS PAGES 1. Applicants Who Were Issued or Included in Passports Previously. A passport issued previously to an applicant or one in which he was included, shall be accepted as proof of United States citizenship. The applicant shall submit the passport with the application. If the passport cannot be submitted other evidence of citizenship should accompany the application to avoid delay in issuance of the passport. The previous passport or citizenship documents will be returned with the newly issued passport. 2. Applicants Who Are Applying for Their First Paseport. a. Citizenship by Birth in the United States. A person born in the United States shall present his birth certificate. To be acceptable the certificate must show the birth record was filed shortly after birth and must be certified with the registrar's signature and the raised, impressed or multi-colored seal of his office. Uncertified copies of birth certificates are not acceptable. A delayed birth certificate (a record filed more than one year after the date of birth) is acceptable provided that it shows that the report of birth was supported by acceptable secondary evidence of birth as described below. If such primary evidence is not obtainable, a notice from the registrar shall be submitted stating that no birth record exists. The notice shall be accompanied by the best obtainable secondary evidence such as a baptismal certificate, a certificate of circumcision, a hospital birth record, affidavits of persons having personal knowledge of the facts of the birth or other documentary evidence such as early census, school, or family bible records, newspaper files and insurance papers. Secondary evidence should be created as close to the time of birth as possible. All documents submitted as evidence of United States citizenship by birth shall include the given name and surname, the place and date of birth of the applicant and bear the seal of the office, if this is customary, and signature of the person before whom such documents were executed or by whom they were issued. Evidence, except affidavits and altered or mutilated documents will be returned by the Passport Office to the applicant unless the case may require further investigation. b. Citizenship by Naturalization. A person who claims United States citizenship by naturalization shall submit his certificate of naturalization with his application. c. Citizenship Through Parent(s). If United States citizenship was acquired through naturalization of a parent or parents, or by birth abroad to United States citizen parent(s), the certificate of citizenship issued by the Immigration and Naturalization Service shall be submitted with the application. If such a certificate is not available, submit the following documents: (1) When Citizenship Was Acquired Through Naturalization of Parent or Parents. Parent(s) certificate(s) of naturalization, applicant's foreign birth certificate and evidence of admission to the United States for permanent residence shall be submitted with the application. If citizenship was acquired through the naturalization of a sole parent, the other having been an alien, also submit the divorce decree showing naturalized parent has custody, or the death certificate of the alien parent, when appropriate. (2) When Citizenship Was Acquired Through Birth Abroad to United States Citizen Parent or Parents. A Consular Report of Birth (Form FS-240) or Certifi Exhibit 94. Passport application, 1975, page 3 |