22 U.S.C. § 211a — Authority to grant, issue, and verify pass-

Page 8 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 176 to 181 was repeated in subsequent appropriation acts down to and including act Mar. 3, 1917, ch. 161, 39 Stat. 1058, but was not repeated thereafter. §§ 176 to 181. Repealed. Aug. 1, 1956, ch. 807, 70 Stat. 774 Act Aug. 1, 1956, repealed sections 176 to 181 effective upon the date which the President determined to be ap- propriate for the relinquishment of jurisdiction of the United States in Morocco. Jurisdiction of the United States in Morocco was relinquished by memorandum of President Eisenhower dated Sept. 15, 1956. Notice was given to Morocco on Oct. 6, 1956, and all pending cases were disposed of by 1960. See Bulletin of the State De- partment Vol. 35:909, page 844. Section 176, R.S. § 4128, related to the exercise of judi- cial duties by the Secretary of State in the absence of a minister. Section 177, R.S. §§ 4127, 4129; act June 14, 1878, ch. 193, 20 Stat. 131, related to the general extension to unnamed countries with which the United States may after July 1, 1870 enter into treaty relations, of the pro- visions relating to the jurisdiction of consular and dip- lomatic officers. Section 178, R.S. § 4130; acts Feb. 1, 1876, ch. 6, 19 Stat. 2; Feb. 5, 1915, ch. 23, § 6, 38 Stat. 806, related to the defi- nition of the words ‘‘minister’’ and ‘‘consul’’. Section 179, R.S. § 4110, related to the responsibility of diplomatic and consular officers as judicial officers. Section 180, R.S. § 4088; act Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, related to the power of consuls in uncivilized countries or countries not recognized by treaties. Section 181, R.S. § 4125, related to the applicability of other laws to Turkey. § 182. Omitted Editorial Notes CODIFICATION Section, act Mar. 23, 1874, ch. 62, § 1, 18 Stat. 23, re- lated to consular courts in Turkey and Egypt. Such courts in Turkey were abolished Oct. 14, 1949, and such courts in Egypt were abolished by the Treaty of Oct. 28, 1931. § 183. Repealed. Aug. 1, 1956, ch. 807, 70 Stat. 774 Section, R.S. § 4126, related to the extension of other laws to Persia and suits between American citizens and subjects of Persia and other countries. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Act Aug. 1, 1956, repealed section 183 effective upon the date which the President determined to be appro- priate for the relinquishment of jurisdiction of the United States in Morocco. Jurisdiction of the United States in Morocco was relinquished by memorandum of President Eisenhower dated Sept. 15, 1956. Notice was given to Morocco on Oct. 6, 1956, and all pending cases were disposed of by 1960. See Bulletin of the State De- partment Vol. 35:909, page 844. CHAPTER 3—UNITED STATES COURT FOR CHINA §§ 191 to 200. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section 191, acts June 30, 1906, ch. 3934, § 1, 34 Stat. 814; June 24, 1936, ch. 757, 49 Stat. 1909, related to estab- lishment of court. Section 192, act June 30, 1906, ch. 3934, § 2, 34 Stat. 814, related to jurisdiction of consular courts. Section 193, act June 30, 1906, ch. 3934, § 2, 34 Stat. 814, related to administration of estates of decedents. Section 194, acts June 30, 1906, ch. 3934, § 3, 34 Stat. 815; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54, related to appeals and writs of error. Section 195, act June 30, 1906, ch. 3934, § 4, 34 Stat. 815, related to law applicable to determination of cases. Section 196, act June 30, 1906, ch. 3934, § 5, 34 Stat. 816, related to procedure generally. Section 197, acts June 30, 1906, ch. 3934, § 6, 34 Stat. 816; May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997, related to officers of court. Section 197a, act May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997, related to salaries of judge. Section 197b, act June 30, 1906, ch. 3934, § 11, as added Aug. 7, 1935, ch. 452, § 1, 49 Stat. 539, related to appoint- ment and compensation of special judge. Section 197c, acts Mar. 2, 1909, ch. 235, 35 Stat. 679; Mar. 4, 1915, ch. 145, 38 Stat. 1122, related to vice consul at Shanghai exercising judicial functions. Section 198, act June 4, 1920, ch. 223, 41 Stat. 746, re- lated to commissioner for court. Section 198a, act June 30, 1906, ch. 3934, § 10, as added Aug. 7, 1935, ch. 452, § 1, 49 Stat. 538, related to commis- sioner for the court. Section 199, act June 30, 1906, ch. 3934, § 7, 34 Stat. 816, related to tenure of office of judge. Section 200, act June 30, 1906, ch. 3934, § 8, 34 Stat. 816, related to bond of marshal. § 201. Omitted Editorial Notes CODIFICATION Section, acts Feb. 27, 1925, ch. 364, title I, 43 Stat. 1025; Apr. 29, 1926, ch. 195, title I, 44 Stat. 341; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1192; Feb. 15, 1928, ch. 57, title I, 45 Stat. 76, related to expenses of judge and dis- trict attorney at sessions other than in Shanghai. By the Treaty of Jan. 11, 1943, 57 Stat., pt. 2, 767, between the United States and the Republic of China, the United States relinquished all of its extraterritorial rights in China. § 202. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section, act June 30, 1906, ch. 3934, § 9, 34 Stat. 816, re- lated to fees of marshal and clerk. CHAPTER 4—PASSPORTS Sec. 211. Repealed. 211a. Authority to grant, issue, and verify pass- ports. 212. Persons entitled to passport. 212a. Restriction of passports for sex tourism. 212b. Unique passport identifiers for covered sex of- fenders. 213. Application for passport; verification by oath of initial passport. 213a. Authority to designate additional passport acceptance agents. 214. Fees for execution and issuance of passports; persons excused from payment. 214a. Fees erroneously charged and paid; refund. 215 to 217. Omitted or Repealed. 217a. Validity of passport; limitation of time. 218. Returns as to passports issued, etc. 219 to 229. Repealed. § 211. Repealed. July 3, 1926, ch. 772, § 4, 44 Stat. 887 Section, R.S. § 4075; act June 14, 1902, ch. 1088, § 1, 32 Stat. 386, provided for issuance of passports. See sec- tion 211a of this title. § 211a. Authority to grant, issue, and verify pass- ports The Secretary of State may grant and issue passports, and cause passports to be granted, Page 9 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 211a issued, and verified in foreign countries by dip- lomatic and consular officers of the United States, and by such other employees of the De- partment of State who are citizens of the United States as the Secretary of State may designate, and by the chief or other executive officer of the insular possessions of the United States, and through the use of Department of State elec- tronic systems, under such rules as the Presi- dent shall designate and prescribe for and on be- half of the United States, and no other entity shall grant, issue, or verify such passports. Un- less authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hos- tilities are in progress, or where there is immi- nent danger to the public health or the physical safety of United States travellers. (July 3, 1926, ch. 772, § 1, 44 Stat. 887; Pub. L. 95–426, title I, § 124, Oct. 7, 1978, 92 Stat. 971; Pub. L. 103–236, title I, § 127(a), Apr. 30, 1994, 108 Stat. 394; Pub. L. 103–415, § 1(b), Oct. 25, 1994, 108 Stat. 4299; Pub. L. 118–159, div. G, title LXXV, § 7506, Dec. 23, 2024, 138 Stat. 2547.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 inserted ‘‘and through the use of Department of State electronic systems,’’ after ‘‘the in- sular possessions of the United States,’’ and sub- stituted ‘‘entity’’ for ‘‘person’’. 1994—Pub. L. 103–415, § 1(b)(1), substituted ‘‘such other employees’’ for ‘‘such employees’’. Pub. L. 103–415, § 1(b)(2), which directed the amend- ment of this section by substituting ‘‘United States’’ for ‘‘United States,’’ was executed by making the sub- stitution after ‘‘who are citizens of the’’, to reflect the probable intent of Congress. Pub. L. 103–236 substituted ‘‘by diplomatic and con- sular officers of the United States, and by other em- ployees of the Department of State who are citizens of the United States,’’ for ‘‘by diplomatic representatives of the United States, and by such consul generals, con- suls, or vice consuls when in charge,’’. 1978—Pub. L. 95–426 inserted provision prohibiting passport restrictions except for countries with which the United States is at war, where armed hostilities are in progress or there is imminent danger to the public health or physical safety of United States travellers. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2023 AMENDMENT Pub. L. 118–31, div. F, title LXI, § 6114(a), Dec. 22, 2023, 137 Stat. 968, provided that: ‘‘This section [amending section 214 of this title] may be cited as the ‘First Re- sponders Passport Act’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–167, § 1, Jan. 10, 2006, 119 Stat. 3578, pro- vided that: ‘‘This Act [amending section 214 of this title] may be cited as the ‘Passport Services Enhance- ment Act of 2005’.’’ PASSPORT SYSTEM REFORM AND BACKLOG PREVENTION Pub. L. 118–159, div. G, title LXXV, § 7508, Dec. 23, 2024, 138 Stat. 2548, provided that: ‘‘(a) STANDARDS FOR PASSPORT ISSUANCE PROCESS.—In administering and modernizing the passport issuance process, the Secretary [of State] shall evaluate the per- formance of such process against the following criteria: ‘‘(1) To maintain a service standard of processing a routine new or renewal adult passport application from document submission until mailing of final doc- uments in an expeditious and reliable timeframe. ‘‘(2) To maintain low passport fees and surcharges. ‘‘(3) To ensure world-class technical, security, and cybersecurity standards for United States passports and the passport issuance process. ‘‘(4) To minimize typographical, clerical, or pic- ture-based errors. ‘‘(5) To provide a streamlined customer experience for passport applicants. ‘‘(6) To provide reasonably convenient passport services to United States citizens and nationals liv- ing a significant distance from a passport agency, particularly residents in a significant population cen- ter more than a 5-hour drive from a passport agency. ‘‘(b) ENHANCED INFORMATION TECHNOLOGY SOLUTIONS TO IMPROVE THE PASSPORT ISSUANCE PROCESS.— ‘‘(1) IN GENERAL.—The Secretary shall seek to im- plement the information technology solutions de- scribed in paragraph (2) in accordance with the timelines described in such paragraph. ‘‘(2) ENHANCED INFORMATION TECHNOLOGY SOLUTIONS AND TIMELINES DESCRIBED.—The enhanced informa- tion technology solutions and timelines described in this paragraph are the following: ‘‘(A) Consistent with the Bureau’s modernization plans and timelines, and subject to the availability of funds, the Secretary shall seek to enter into con- tracts or agreements as appropriate, for the estab- lishment and maintenance of a mobile application to allow for applicant communication with the De- partment [of State], including document submis- sion, application status tracking, virtual appoint- ments, access to the notification of application er- rors, and allowing for passport holders to receive messages from the Department and communicate emergencies to the Department. ‘‘(B) The Secretary may provide each passport ap- plicant with the option of whether to use the mo- bile application described in subparagraph (A) or another service of the Department. ‘‘(C) As a condition for awarding any contracts described in subparagraph (A), any awardees shall demonstrate they can begin tests on the solution within one year of the award of the contract and complete implementation, including bug fixes, cybersecurity audits, and customer service testing, not later than 2 years after the award of the con- tract. ‘‘(D) Consistent with existing law, the Secretary shall seek to expand the online passport renewal system, including to accept electronic document submission for first-time adult applications as ap- plicable, in addition to adult renewal applications, in sufficient volume to be able to accommodate most applications by the date that is 4 years after the date of the enactment of this Act [Dec. 23, 2024]. ‘‘(E) First-time applicants shall continue to verify their applications in-person subject to the re- quirements of section 1 of title IX of the Act of June 15, 1917 (22 U.S.C. 213). ‘‘(F) To meet the objectives described in subpara- graphs (D) and (E), the Secretary may, to the max- imum extent practicable, make use of commer- cially available technology solutions, including en- tering into contracts or agreements as appropriate for the expansion and maintenance of the online passport renewal system to accommodate the functionality described in such subparagraphs. ‘‘(G) In expanding the online passport renewal system pursuant to subparagraph (D), the following services should be included or otherwise accounted for: ‘‘(i) A user-friendly internet website or portal to facilitate internet-based submission of pass- port applications by adults. ‘‘(ii) To the extent possible, remote document verification tools and infrastructure to allow for a passport transaction to be completed entirely remotely. Page 10 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 211a ‘‘(iii) To the extent possible, information tech- nology infrastructure not already maintained by the Department. ‘‘(H)(i) The Secretary shall take all reasonable steps to implement additional rules-based tools to adjudicate passport renewals while maintaining human passport authorizing officers involved in the adjudication and issuance processes and should strongly consider commercially available tech- nology solutions, ‘‘(ii) The tools described in clause (i) shall be fully operational within 4 years of the date of the enactment of this Act. ‘‘(iii) The Chief Information Officer shall ensure that the use of the tools do not make passport adju- dication more vulnerable to cyberattack. ‘‘(iv) The Secretary shall ensure that the tools de- scribed in clause (i) are implemented consistent with the maintenance of standards appropriate to ensuring the integrity of the United States pass- port. ‘‘(I) In carrying out the requirements of this sub- section, the Secretary shall consult with the Chief Information Officer of the Bureau of Consular Af- fairs, or other technical officer of the Department as appropriate, to ensure technical feasibility and specifications, cybersecurity requirements, compat- ibility with existing Department information tech- nology infrastructure, and the feasibility of timelines from a technical standpoint. ‘‘(J) The Secretary shall ensure the scalability and long-term viability and upgradability of any in- formation technology systems developed or pro- cured pursuant to this subsection. ‘‘(3) INTERIM ACTION PLAN.— ‘‘(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Assistant Secretary, in consultation with the Chief Information Officer, shall submit to the ap- propriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] an action plan on how the Bureau plans to complete the modernization described in this subsection in conjunction with other related, ongoing steps to modernize the passport issuance process. ‘‘(B) ELEMENTS.—The action plan required by sub- paragraph (A) shall include the following elements: ‘‘(i) Progress made on implementing the infor- mation technology solutions described in para- graph (2) within specified timelines, and addi- tional steps planned. ‘‘(ii) The expected cost and timeline for imple- mentation of the information technology solu- tions described in paragraph (2). ‘‘(iii) An evaluation of the information tech- nology solutions described in paragraph (2) to de- termine whether the full implementation of such solutions will require additional funding or au- thorities, including budget estimates and a de- scription of such authorities, as appropriate. ‘‘(iv) Efforts to ensure world-class cybersecurity standards for protection of passport applicant data and the passport issuance process infrastruc- ture, particularly such infrastructure involved in adjudication of passport applications. ‘‘(v) Other specific planned steps that the Bu- reau will take to achieve the criteria described in subsection (a). ‘‘(4) FINAL REPORT.—Not later than 4 years after the date of the enactment of this Act, the Assistant Sec- retary, in consultation with the Chief Information Officer, shall submit to the appropriate congressional committees a report on the following: ‘‘(A) Progress on each information technology so- lution described in paragraph (2). ‘‘(B) Additional information technology solutions the Bureau intends to adopt. ‘‘(C) Changes in the cost for implementation of the steps described in the action plan, if applicable. ‘‘(5) FORM.—The plans and report required by this subsection shall be submitted in an unclassified form and may include a classified annex, if necessary. ‘‘(c) RULE OF CONSTRUCTION FOR PASSPORT ISSUANCE.—Nothing in this section may be construed as an offer to procure a service or services or as a guar- antee of a contract for such services.’’ SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES Pub. L. 118–31, div. F, title LXI, § 6101, Dec. 22, 2023, 137 Stat. 965, provided that: ‘‘During the 3-year period beginning on the date of the enactment of this division [Dec. 22, 2023], the Secretary [of State], without regard to the provisions under sections 3309 through 3318 of title 5, United States Code, may directly appoint up to 80 candidates to positions in the competitive service (as defined in section 2102 of such title) at the Department [of State] in the Passport and Visa Examining Series 0967.’’ PASSPORT TRAVEL ADVISORIES Pub. L. 118–31, div. F, title LXI, § 6103, Dec. 22, 2023, 137 Stat. 965, as amended by Pub. L. 118–159, div. G, title LXXVII, § 7706(a), Dec. 23, 2024, 138 Stat. 2555, provided that: ‘‘Not later than 180 days after the date of the en- actment of this division [Dec. 22, 2023], the Department [of State] shall make prominent in United States reg- ular passports, on the first three pages of the passport, the following information: ‘‘(1) A prominent, clear advisory for all travelers to check travel.state.gov for updated travel warnings and advisories. ‘‘(2) A prominent, clear notice urging all travelers to register with the Department prior to overseas travel. ‘‘(3) A prominent, clear advisory— ‘‘(A) noting that many countries deny entry to travelers during the last 6 months of their passport validity period; and ‘‘(B) urging all travelers to renew their passport not later than 1 year prior to its expiration.’’ LIMITATIONS ON USE OF FUNDS FOR PROCUREMENT OF PAPER FOR PASSPORTS Pub. L. 100–440, title VI, § 617(b), Sept. 22, 1988, 102 Stat. 1755, provided that: ‘‘None of the funds made available by this or any other Act with respect to any fiscal year may be used to procure paper for passports granted or issued pursuant to the first section of the Act entitled ‘An Act to regulate the issue and validity of passports, and for other purposes’, approved July 3, 1926 (22 U.S.C. 211a), if such paper is manufactured out- side of the United States or its possessions or is pro- cured from any corporation or other entity owned or controlled by persons not citizens of the United States. This subsection shall not apply if no domestic manu- facturer for passport paper exists.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, § 101(m) [title VI, § 622(b)], Dec. 22, 1987, 101 Stat. 1329–390, 1329–428. PERSONS ENTITLED TO DIPLOMATIC OR OFFICIAL UNITED STATES PASSPORT Pub. L. 95–426, title I, § 125, Oct. 7, 1978, 92 Stat. 971, provided that: ‘‘It is the sense of the Congress that a diplomatic or official United States passport should be issued only to, and used only by, a person who holds a diplomatic or other official position in the United States Government or who is otherwise eligible for such a passport under conditions specifically author- ized by law.’’ Executive Documents EX. ORD. NO. 11295. RULES GOVERNING GRANTING, ISSUING, AND VERIFYING OF PASSPORTS Ex. Ord. No. 11295, Aug. 5, 1966, 31 F.R. 10603, provided: Page 11 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 212b By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as Presi- dent of the United States, it is ordered as follows: SECTION 1. Delegation of authority. The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the Presi- dent by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on be- half of the United States rules governing the granting, issuing, and verifying of passports. SEC. 2. Superseded orders. Subject to Section 3 of this order, the following are hereby superseded: (1) Executive Order No. 7856 of March 31, 1938, entitled ‘‘Rules Governing the Granting and Issuing of Pass- ports in the United States.’’ (2) Executive Order No. 8820 of July 11, 1941, entitled ‘‘Amending the Foreign Service Regulations of the United States.’’ SEC. 3. Saving provisions. All rules and regulations contained in the Executive order provisions revoked by Section 2 of this order, and all rules and regulations issued under the authority of those provisions, which are in force at the time of the issuance of this order shall remain in full force and effect until revoked, or except as they may be hereafter amended or modified, in pursuance of the authority conferred by this order, unless sooner terminated by operation of law. LYNDON B. JOHNSON. § 212. Persons entitled to passport No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States. (R.S. § 4076; June 14, 1902, ch. 1088, § 2, 32 Stat. 386.) Editorial Notes CODIFICATION R.S. § 4076 derived from act May 30, 1866, ch. 102, 14 Stat. 54. AMENDMENTS 1902—Act June 14, 1902, substituted ‘‘those owing alle- giance, whether citizens or not, to the United States’’ for ‘‘citizens of the United States’’. § 212a. Restriction of passports for sex tourism (a) In general Following any conviction of an individual for a violation of section 2423 of title 18, the Attor- ney General shall notify in a timely manner— (1) the Secretary of State for appropriate ac- tion under subsection (b); and (2) the Secretary of Homeland Security for appropriate action under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]. (b) Authority to restrict passport (1) Ineligibility for passport (A) In general The Secretary of State shall not issue a passport or passport card to an individual who is convicted of a violation of section 2423 of title 18 during the covered period if the individual used a passport or passport card or otherwise crossed an international border in committing the offense. (B) Passport revocation The Secretary of State shall revoke a pass- port or passport card previously issued to an individual described in subparagraph (A). (2) Exceptions (A) Emergency and humanitarian situations Notwithstanding paragraph (1), the Sec- retary of State may issue a passport or pass- port card, in emergency circumstances or for humanitarian reasons, to an individual de- scribed in paragraph (1)(A). (B) Limitation for return to United States Notwithstanding paragraph (1), the Sec- retary of State may, prior to revocation, limit a previously issued passport or pass- port card only for return travel to the United States, or may issue a limited pass- port or passport card that only permits re- turn travel to the United States. (3) Definitions In this subsection— (A) the term ‘‘covered period’’ means the period beginning on the date on which an in- dividual is convicted of a violation of section 2423 of title 18 and ending on the later of— (i) the date on which the individual is re- leased from a sentence of imprisonment re- lating to the offense; and (ii) the end of a period of parole or other supervised release of the covered indi- vidual relating to the offense; and (B) the term ‘‘imprisonment’’ means being confined in or otherwise restricted to a jail, prison, half-way house, treatment facility, or another institution, on a full or part-time basis, pursuant to the sentence imposed as the result of a criminal conviction. (Pub. L. 110–457, title II, § 236, Dec. 23, 2008, 122 Stat. 5082.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (a)(2), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. § 212b. Unique passport identifiers for covered sex offenders (a) In general Immediately after receiving a written deter- mination from the Angel Watch Center that an individual is a covered sex offender, through the process developed for that purpose under section 21507 of title 34, the Secretary of State shall take appropriate action under subsection (b). (b) Authority to use unique passport identifiers (1) In general Except as provided under paragraph (2), the Secretary of State shall not issue a passport to a covered sex offender unless the passport contains a unique identifier, and may revoke a passport previously issued without such an identifier of a covered sex offender. (2) Authority to reissue Notwithstanding paragraph (1), the Sec- retary of State may reissue a passport that