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FORM DSP-11 11-75

cation of Birth (Form DS-1350 or Form FS-545) issued by the Department of State shall be submitted with the application. If neither of these is available, the foreign birth certificate, evidence of the United States citizenship of parent(s) and an affidavit from parent(s) showing the periods and places of residence in the United States and abroad (specifying precise periods in U.S. Armed Forces, in other U.S. Government employment, with qualifying international organization, or as a dependent of such person) before birth of applicant shall be submitted.

d. Requirements for Women Married Before September 22, 1922, or Married to Aliens Ineligible to Citizenship Before March 3, 1931. Evidence requirements for persons in these categories should be discussed with the person executing the application.

D. PHOTOGRAPHS

1. Number and Recency of Photographs Required. Two identical signed photographs taken within six months of the date of the application, portraying a good likeness of and satisfactorily identifying the applicant shall be presented with the application. Photographs should be taken in normal street attire, without a hat. Dark glasses are not acceptable unless required for medical reasons.

2. Signature on the Photographs. Both photographs must be signed on the front along the left-hand side without marring the features. The signature on the photographs must agree with the signature on the application.

3. Photographs for More Than One Person. A group photograph is preferred when a husband or wife and/or children are to be included in a passport. When it is not feasible to submit a group photograph, separate photographs may be submitted.

4. Photographs May Be in Color or in Black and White. Passport photographs are acceptable in black and white or in color. Photographs retouched to a point where the applicant's appearance is changed are unacceptable. However, those retouched merely to eliminate shadows and lines are acceptable.

5. Size and Quality of Photographs. The Passport Office welcomes photographs which depict the applicant as relaxed and smiling. Photographs shall be clear, front view, full face and shall be printed on thin, nonglossy paper with a light, plain background.

They shall not be smaller than 2-1/2 x 2-1/2 inches nor larger than 3 x 3 inches in size. Prints shall be capable of withstanding a mounting temperature of over 200 degrees Fahrenheit. Most vending machine prints will not withstand the mounting temperature and therefore are not acceptable. Also, magasine or full length photographs are not acceptable.

E. IDENTIFICATION

The applicant and husband/wife to be included in the passport must establish their identity to the satisfaction of the person executing the application. This may be done in one of the following ways:

1. Personal Knowledge of Identity. If the applicant is personally known to the person executing the application no further identification is required.

2. Documents to Prove Identity. The following items are acceptable if they contain the signature AND either a physical description or a photograph of the applicant: a. Previous United States passport;

b. A certificate of naturalization or of derivative citizenship;

c. Driver's license (not temporary or learner's license);

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d. A governmental (Federal, State, municipal) identification card or pass.

As a general rule, the following documents are not acceptable as evidence of identity:

a. Social Security Card;

b. Learner's or temporary driver's permit;
c. Credit cards of any type;

d. Membership card in local social organizations, clubs, etc.;

e. Any temporary identity card or document; f. Any document which has been altered or changed in any manner.

3. Witness in Lieu of Documents. If the applicant is not able to establish his identity by personal knowledge or by one of the above items, he shall be accompanied by an identifying witness who has known him for at least 2 years and who is a United States citizen or a permanent resident alien of the United States. The identifying witness shall sign an affidavit in the presence of the same person who executes the passport application. The affidavit shall show that the witness resides at a specific address; that he knows or has reason to believe that the passport applicant is a citizen of the United States; the basis of his knowledge concerning the applicant; and that the information set forth in the affidavit is true to the best of his knowledge and belief. The witness shall be required to establish his own identity to the satisfaction of the person executing the application by one of the above means.

F. PASSPORT FEES

1. Ainount of Fees

a. Execution Fee. A fee of $3 shall be paid to the person executing the application. The execution fee is not collected by Federal officials when the application is for a No-Fee type passport.

b. Passport Fee. The fee for a passport is $10. No fee is charged persons who apply for No-Fee passports and who submit appropriate No-Fee authorisations from the government or military organisation sponsoring their travel.

Passport fees and No-Fee authorisations shall accompany this application. No other fee except special postage should be paid.

2. Form of Fee. The following forms of remittance are acceptable:

a. Bank draft or cashier's check;

b. Check certified, personal, travelers;

c. Money order United States 'Postal, International, currency exchange, bank.

When applying at a Passport Agency, Federal Court or authorised Post Office, the $10 passport fee and the $3 execution fee should be included in one remittance made payable to the Passport Office. When applying at a State Court, the $10 passport fee should be made payable to the Passport Office and the $3 execution fee paid by whatever means the State Court requires. Coin or currency should not be submitted unless application is made at one of the Passport Agencies shown in Section B-1.

HOW TO AMEND A PASSPORT

A passport may be amended by the Passport Office to change certain data or to include or exclude certain relatives of the bearer. Amendment information is available from offices noted in Section B-1.

H. IMMUNIZATION INFORMATION

Information on immunizations and prophylaxis for travel abroad is available from local or State health departments.

070-10-23400-1 U.S. GOVERNMENE PRINTING OFFICE

Exhibit 94a. Passport application, 1975, page 4

when the oath was eliminated, successive Secretaries of State continued the practice of requiring it as a condition to receiving a passport.

General Instructions in Regard to Passports issued September 1, 1873, declared:

The oath of allegiance to the United States, as prescribed by law, will be required in all cases.

From 1861 until 1888, the oath used was:

I, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign; and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State, convention, or legislature to the contrary notwithstanding; and further, that I do this with a full determination pledge, and purpose, without any mental reservation, or evasion whatever; and, further, that I will well and faithfully perform all the duties which may be required of me by law: So help me God.22

The form of oath of allegiance was modified in 1884, but this new version was not used in passport applications until 1888:

Further, I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion: So help me God.23

As a result of moral or religious objections to the oath of allegiance, persons who preferred to make an affirmation rather than to take the oath were permitted to do so. However, members of religious sects who were unwilling to take the oath without indicating some reservation (which tended to make it invalid) were treated on a case-to-case basis.

Some were granted passports; others were refused. The question was finally settled October 7, 1897, by a Department letter, in which it was stated that the Government had no disposition to deny to any loyal citizen traveling or sojourning abroad in lawful pursuit of his business or pleasure the protection of a passport, nor to place upon him any requirements of application for a passport repugnant to his conscience or the free exercise of his religious belief, but that an oath of allegiance containing any alteration or addition tending to invalidate it could not be accepted.24

On December 27, 1966, the Department of State informed all U.S. diplomatic and consular posts that although the oath of allegiance had not been deleted from the application form, its use had become optional. The Department added:

The Department has no legal authority to deny a passport to a United

22 Ibid.

23 Law of May 13, 1884; Rev. Stat., vol. I, 2d ed.,

p. 428.

24 Gaillard Hunt, The American Passport, U.S. Government Printing Office, Wash., D.C. 1898, pp. 70, 71.

States citizen applicant who refuses to take the oath of allegiance. In view of this, if such refusal is made, the oath of allegiance may be deleted by lining out the words of the entire oath of allegiance by pen or typewriter. The applicant, however, must swear to or affirm the truthfulness of the statements in the application.25

In the case of Cohen v. Rogers, the validity of the oath of allegiance was challenged for the first time on the grounds that the inclusion of an optional oath unfairly discriminated against U.S. citizens. Judge June Green, U.S. District Judge for the District of Columbia, on July 28, 1971, ordered the Department of State either to delete the oath from the form or to require the oath of all passport applicants. Rather than appeal this decision, the Department again decided to require the oath of all passport applicants.

In the Woodward v. Rogers case of 1972,26 it was found that the Department had no statutory basis for requiring an oath. The opinion further stated that there was no requirement in the Code of Federal Regulations for a mandatory oath of allegiance as a condition necessary to obtain a valid U.S. passport. The third circuit Court of Appeals affirmed the District Court's decision without opinion and the Solicitor General of the United States did not elect to take the case to the Supreme Court.

25 Whiteman, Digest of International Law, vol. 8, U.S. Government Printing Office, Wash., D.C., p. 242; CA-4673, Dec. 27, 1966.

26 344 F.Supp. 974, June 26, 1972.

Chapter IX

PROCESSING
EQUIPMENT

PRIOR

RIOR to 1856, many local authorities, in addition to the Department of State, issued passports. Because of this, there were many variations in the size and types of documents in use. When the Department of State became the sole issuing authority for passports in 1856, the Bureau of Engraving and Printing produced the passport books. In 1926, the U.S. Government Printing Office began printing the passport books using specially designed equipment and material. In 1975, the U.S. Government Printing Office, began printing the books by an offset process.

Flatbed Billing Machine

Blank passport forms and books were completed by hand until January 2, 1931 when a flatbed billing machine was adapted to passport typing. This machine served the Passport Office and its Agencies until April 1956. The unique characteristic of the machine was a foot pedal that the operator depressed each time a passport was inserted into or removed from the machine. Although slow, time consuming, and tiring to operate, the machine was considered a great step forward in helping to modernize the passport issuance system. (Exhibit 95)

Electric Typewriter

In 1956, an electric typewriter was adapted to passport use. It contained a horizontal grooved platen which permitted the binding ridge of the passport to feed through the machine without breaking the stitches within the binding. The machine was

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