|
A Cryptome DVD is offered by Cryptome. Donate $25 for a DVD of the Cryptome 11-years archives of 41,000 files from June 1996 to June 2007 (~4.4 GB). Click Paypal or mail check/MO made out to John Young, 251 West 89th Street, New York, NY 10024. Archives include all files of cryptome.org, jya.com, cartome.org, eyeball-series.org and iraq-kill-maim.org. Cryptome offers with the Cryptome DVD an INSCOM DVD of about 18,000 pages of counter-intelligence dossiers declassified by the US Army Information and Security Command, dating from 1945 to 1985. No additional contribution required -- $25 for both. The DVDs will be sent anywhere worldwide without extra cost. |
20 November 2007
[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Rules and Regulations]
[Page 64930-64939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no07-3]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 5991]
RIN 1400-AC28
Passports
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule reorganizes, restructures, and updates passport
regulations in order to make them easier for users to access
information, to better reflect current practice and changes in
statutory authority, and to remove outdated provisions. In general, the
revisions do not mark a departure from current policy. Rather, the
Department's intent is to bring greater clarity to current passport
policy and practice and to present it in a less cumbersome way.
DATES: This rule becomes effective February 1, 2008.
FOR FURTHER INFORMATION CONTACT: Consuelo Pachon, Office of Passport
Policy, (202) 663-2662. Hearing- or speech-impaired persons may use the
Telecommunications Devices for the Deaf (TDD) by contacting the Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Department published a proposed rule,
with a request for comments, amending and updating numerous sections of
Part 51 of Title 22 of the Code of Federal Regulations. The rule was
discussed in detail in Public Notice 5712, as were the Department's
reasons for changes in the regulation (Federal Register, March 7, 2007,
72 FR 10095). The comment period closed on May 7, 2007. The Department
of State is now promulgating its final rule. Some of the more notable
changes in the regulations include: Changes regarding minors, extending
the two-parent consent and personal appearance requirements to minors
under the age of 16; changes regarding Passport Agents and Passport
Acceptance Agents, codifying the definitions and clarifying their
qualifications and responsibilities, including the requirement that
they be U.S. citizens or U.S. nationals respectively; changes on
denial, revocation and restriction of passports to permit the
Department to deny a passport, for example, to applicants who are the
subject of an outstanding State, local, or foreign warrant of arrest
for a felony, intended to enhance U.S. law enforcement and cooperation;
and changes regarding change of names on passports, intended to clarify
what is required of an applicant whose name has changed and to reflect
more accurately Department practice in this regard.
Subpart F remains under review and may be addressed in a future
rulemaking. Public Notice 5712 further advised that a separate
rulemaking was underway to amend Part 51 to introduce the passport card
and that comments regarding the passport card would be considered in
that separate rulemaking, which is ongoing. The final rule for the
passport card will include any necessary renumbering of its sections
for compatibility with the numbering of this overall revision, as well
as language modifications to take into account the changes made in this
Final Rule.
Analysis of Comments: The Department received four (4) comments.
One comment expressed support of the change to increase the maximum age
requiring two-parent consent for minors from under 14 to under 16. A
second comment, addressed in detail below, underscored the importance
of competent adjudicators, recommended the Department always require
applicants to appear in person (rather than permit mail-in procedures),
and suggested passport fees should be considerably increased. The two
remaining comments concerned passport fees and the proposed passport
card. Because issues regarding passport fees and the passport card are
addressed in a separate rulemaking, the Department will respond to
these comments at a later time.
One comment suggested that the Department should always require
that a passport application be executed personally rather than allowing
renewals by mail. The comment also seemed to misunderstand the role of
the U.S. Postal Service and clerks of court, who act as passport
acceptance agents but do not have the ability to adjudicate and issue
passports. The commenter also opined that the passport application
process should be made more difficult because passports are ``as easy
to get as turning on a water faucet.''
The passport application process for first time passport applicants
is designed to verify the citizenship and identity of the applicant. A
U.S. passport is, by definition, a citizenship and identity document.
U.S. citizens may apply for subsequent passports by mail within certain
parameters described in the regulations. This is an acceptable practice
because the Department has previously thoroughly reviewed and verified
the applicant's citizenship and ensured that the applicant's identity
is genuine. Furthermore, fraud prevention measures allow the Department
to instantly
[[Page 64931]]
retrieve the previous version of the applicant's passport record, and
quickly compare the submitted passport information and photograph with
the previously issued, imaged passport record. Further, the lack of
personal appearance by the applicant has no negative effect on the
automated checks, which are performed on all passport applications
before approval. In addition, necessary criminal and other checks
performed during the passport review process do not require the
applicant to appear in person. Finally, imposing such a requirement
would place an unacceptable burden on applicants, passport acceptance
facilities, and passport agencies.
Passport acceptance agents throughout the country provide an
invaluable customer service on behalf of the State Department by
enabling citizens to apply for passports anywhere in the country rather
than exclusively at passport agencies. Acceptance agents are
responsible for accepting the applications and administering the oath
contained in the application. They also ensure that the required
evidence of citizenship and identity accompany the application.
Acceptance agents do not adjudicate applications or issue passports.
Those functions are performed exclusively by the State Department.
Regulatory Findings
Administrative Procedure Act
The Department published this rule as a proposed rule, with 60 days
for public comments and review.
Regulatory Flexibility Act/Executive Order 13272: Small Business
These changes to the regulations are hereby certified as not
expected to have a significant impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C.
301-612, and Executive Order 13272, section 3(b) as the rule governs
only individuals.
The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule, as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. This rule would not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based companies to compete
with foreign-based companies in domestic and export markets.
The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA),
Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532 generally requires
agencies to prepare a statement before proposing any rule that may
result in an annual expenditure of $120 million or more by State,
local, or tribal governments, or by the private sector. This final rule
does not result in any such expenditure nor will it significantly or
uniquely affect small governments.
Executive Orders 12372 and 13132: Federalism
This regulation does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Nor will the rule have federalism
implications warranting the application of Executive Orders No. 12372
and No. 13132.
Executive Order 12866: Regulatory Review
The Department of State reviewed this final rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and determined that the benefits of the final
rule justify its costs. The Department does not consider the final rule
to be an economically significant regulatory action within the scope of
section 3(f)(1) of the Executive Order since it is not likely to have
an annual effect on the economy of $100 million or more or to adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the regulations in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et
seq., Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulation. The Department of State has determined that this proposal
does not contain new collection of information requirements for the
purposes of the PRA.
List of Subjects in 22 CFR Part 51
Passports.
0
Accordingly, for the reasons set forth in the preamble, 22 CFR part 51
is revised to read as follows:
PART 51--PASSPORTS
Sec.
51.1 Definitions.
Subpart A--General
51.2 Passport issued to nationals only.
51.3 Types of passports.
51.4 Validity of passports.
51.5 Adjudication and issuance of passports.
51.6 Verification of passports and release of information from
passport records.
51.7 Passport property of the U.S. Government.
51.8 Submission of currently valid passport.
51.9 Amendment of passports.
51.10 Replacement passports.
Subpart B--Application
51.20 General.
51.21 Execution of passport application.
51.22 Passport agents and passport acceptance agents.
51.23 Identity of applicant.
51.24 Affidavit of identifying witness.
51.25 Name of applicant to be used in passport.
51.26 Photographs.
51.27 Incompetents.
51.28 Minors.
Subpart C--Evidence of U.S. Citizenship or Nationality
51.40 Burden of proof.
51.41 Documentary evidence.
51.42 Persons born in the United States applying for a passport for
the first time.
51.43 Persons born outside the United States applying for a passport
for the first time.
51.44 Proof of resumption or retention of U.S. citizenship.
51.45 Department discretion to require evidence of U.S. citizenship
or non-citizen nationality.
51.46 Return or retention of evidence of U.S. citizenship or non-
citizen nationality.
Subpart D--Fees
51.50 Form of payment.
51.51 Passport fees.
51.52 Exemption from payment of passport fees.
51.53 Refunds.
51.54 Replacement passports without payment of applicable fees.
51.55 Execution fee not refundable.
51.56 Expedited passport processing.
Subpart E--Denial, Revocation, and Restriction of Passports
51.60 Denial and restriction of passports.
[[Page 64932]]
51.61 Denial of passports to certain convicted drug traffickers.
51.62 Revocation or limitation of passports.
51.63 Passports invalid for travel into or through restricted areas;
prohibition on passports valid only for travel to Israel.
51.64 Special validation of passports for travel to restricted
areas.
51.65 Notification of denial or revocation of passport.
51.66 Surrender of passport.
Subpart F--Procedures for Review of Certain Denials and Revocations
51.70 Request for hearing to review certain denials and revocations.
51.71 The hearing.
51.72 Transcript and record of the hearing.
51.73 Privacy of hearing.
51.74 Final decision.
Authority: 8 U.S.C. 1504; 22 U.S.C. 211a, 212, 213, 213n (Pub.
L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A, Title II, Sec. 236], 113
Stat. 1536, 1501A-430); 214, 214a, 217a, 218, 2651a, 2671(d)(3),
2705, 2714, 2721; 26 U.S.C. 6039E; 31 U.S.C. 7701, 7901; 42 U.S.C.
652(k) [Div. B, Title V of Pub. L. 103-317, 108 Stat. 1760]; E.O.
11295, Aug. 6, 1966, FR 10603; Sec. 1 of Pub. L. 109-210, 120 Stat.
319; Sec. 2 of Pub. L. 109-167, 119 Stat. 3578; Sec. 5 of Pub. L.
109-472, 120 Stat. 3554; Pub. L. 108-447, Div. B, Title IV, Dec. 8,
2004, 118 Stat. 2896.
Sec. 51.1 Definitions.
The following definitions are applicable to this part:
(a) Department means the United States Department of State.
(b) Electronic passport means a passport containing an
electronically readable device, an electronic chip encoded with the
bearer's personal information printed on the data page, a digitized
version of the bearer's photograph, a unique chip number, and a digital
signature to protect the integrity of the stored information.
(c) Minor means an unmarried, unemancipated person under 18 years
of age.
(d) Passport means a travel document regardless of format issued
under the authority of the Secretary of State attesting to the identity
and nationality of the bearer.
(e) Passport acceptance agent means a U.S. national designated by
the Department to accept passport applications and to administer oaths
and affirmations in connection with such applications.
(f) Passport agent means a U.S. citizen employee of the Department
of State, including consular officers, diplomatic officers and consular
agents abroad, and such U.S. citizen Department of State employees or
contractors as the Assistant Secretary for Consular Affairs may
designate for the purpose of administering oaths and affirmations for
passport applications.
(g) Passport application means the application form for a United
States passport, as prescribed by the Department pursuant to 22 U.S.C.
213 and all documents, photographs, and statements submitted with the
form or thereafter in support of the application.
(h) Passport authorizing officer means a U.S. citizen employee who
is authorized by the Department to approve the issuance of passports.
(i) Secretary means the Secretary of State.
(j) United States when used in a geographical sense means the
continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the
Virgin Islands of the United States.
(k) U.S. citizen means a person who acquired U.S. citizenship at
birth or upon naturalization as provided by law and who has not
subsequently lost such citizenship.
(l) U.S. national means a U.S. citizen or a U.S. non-citizen
national.
(m) U.S. non-citizen national means a person on whom U.S.
nationality, but not U.S. citizenship, has been conferred at birth
under 8 U.S.C. 1408, or under other law or treaty, and who has not
subsequently lost such non-citizen nationality.
Subpart A--General
Sec. 51.2 Passport issued to nationals only.
(a) A passport may be issued only to a U.S. national.
(b) Unless authorized by the Department, no person may bear more
than one valid passport of the same type.
Sec. 51.3 Types of passports.
(a) Regular passport. A regular passport is issued to a national of
the United States.
(b) Official passport. An official passport is issued to an
official or employee of the U.S. Government traveling abroad to carry
out official duties. When authorized by the Department, spouses and
family members of such persons may be issued official passports. When
authorized by the Department, an official passport may be issued to a
U.S. government contractor traveling abroad to carry out official
duties on behalf of the U.S. government.
(c) Diplomatic passport. A diplomatic passport is issued to a
Foreign Service officer or to a person having diplomatic status or
comparable status because he or she is traveling abroad to carry out
diplomatic duties on behalf of the U.S. Government. When authorized by
the Department, spouses and family members of such persons may be
issued diplomatic passports. When authorized by the Department, a
diplomatic passport may be issued to a U.S. Government contractor if
the contractor meets the eligibility requirements for a diplomatic
passport and the diplomatic passport is necessary to complete his or
her mission.
Sec. 51.4 Validity of passports.
(a) Signature of bearer. A passport is valid only when signed by
the bearer in the space designated for signature, or, if the bearer is
unable to sign, signed by a person with legal authority to sign on his
or her behalf.
(b) Period of validity of a regular passport. (1) A regular
passport issued to an applicant 16 years of age or older is valid for
10 years from date of issue unless the Department limits the validity
period to a shorter period.
(2) A regular passport issued to an applicant under 16 years of age
is valid for five years from date of issue unless the Department limits
the validity period to a shorter period.
(3) A regular passport for which payment of the fee has been
excused is valid for a period of 5 years from the date issued unless
limited by the Department to a shorter period.
(c) Period of validity of an official passport. The period of
validity of an official passport, unless limited by the Department to a
shorter period, is five years from the date of issue, or so long as the
bearer maintains his or her official status, whichever is shorter. An
official passport which has not expired must be returned to the
Department upon the termination of the bearer's official status or at
such other time as the Department may determine.
(d) Period of validity of a diplomatic passport. The period of
validity of a diplomatic passport, unless limited by the Department to
a shorter period, is five years from the date of issue, or so long as
the bearer maintains his or her diplomatic status, whichever is
shorter. A diplomatic passport which has not expired must be returned
to the Department upon the termination of the bearer's diplomatic
status or at such other time as the Department may determine.
(e) Limitation of validity. The validity period of any passport may
be limited by the Department to less than the normal validity period.
The bearer of a limited passport may apply for a new passport, using
the proper application and submitting the limited passport, applicable
fees, photographs, and additional documentation, if required, to
support the issuance of a new passport.
[[Page 64933]]
(f) Invalidity. A United States passport is invalid as soon as:
(1) The Department has sent or personally delivered a written
notice to the bearer stating that the passport has been revoked; or
(2) The passport has been reported as lost or stolen to the
Department, a U.S. passport agency or a diplomatic or consular post
abroad and the Department has recorded the reported loss or theft; or
(3) The passport is cancelled by the Department (physically,
electronically, or otherwise) upon issuance of a new passport of the
same type to the bearer; or
(4) The Department has sent a written notice to the bearer that the
passport has been invalidated because the Department has not received
the applicable fees; or
(5) The passport has been materially changed in physical appearance
or composition, or contains a damaged, defective or otherwise
nonfunctioning chip, or includes unauthorized changes, obliterations,
entries or photographs, or has observable wear or tear that renders it
unfit for use as a travel document, and the Department either takes
possession of the passport or sends a written notice to the bearer.
Sec. 51.5 Adjudication and issuance of passports.
(a) A passport authorizing officer may adjudicate applications and
authorize the issuance of passports.
(b) A passport authorizing officer will examine the passport
application and all documents, photographs and statements submitted in
support of the application in accordance with guidance issued by the
Department.
Sec. 51.6 Verification of passports and release of information from
passport records.
(a) Verification. When required by a foreign government, a consular
officer abroad may verify a U.S. passport.
(b) Release of information. Information in passport records is
subject to the provisions of the Freedom of Information Act (FOIA) and
the Privacy Act. Release of this information may be requested in
accordance with Part 171 or Part 172 of this title.
Sec. 51.7 Passport property of the U.S. Government.
(a) A passport at all times remains the property of the United
States and must be returned to the U.S. Government upon demand.
(b) Law enforcement authorities who take possession of a passport
for use in an investigation or prosecution must return the passport to
the Department on completion of the investigation and/or prosecution.
Sec. 51.8 Submission of currently valid passport.
(a) When applying for a new passport, an applicant must submit for
cancellation any currently valid passport of the same type.
(b) If an applicant is unable to produce a passport under paragraph
(a) of this section, he or she must submit a signed statement in the
form prescribed by the Department setting forth the circumstances
regarding the disposition of the passport.
(c) The Department may deny or limit a passport if the applicant
has failed to provide a sufficient and credible explanation for lost,
stolen, altered or mutilated passport(s) previously issued to the
applicant, after being given a reasonable opportunity to do so.
Sec. 51.9 Amendment of passports.
Except for the convenience of the U.S. Government, no passport may
be amended.
Sec. 51.10 Replacement passports.
A passport issuing office may issue a replacement passport without
payment of applicable fees for the reasons specified in Sec. 51.54.
Subpart B--Application
Sec. 51.20 General.
(a) An application for a passport, a replacement passport, extra
visa pages, or other passport related service must be completed using
the forms the Department prescribes.
(b) The passport applicant must truthfully answer all questions and
must state every material matter of fact pertaining to his or her
eligibility for a passport. All information and evidence submitted in
connection with an application is considered part of the application. A
person providing false information as part of a passport application,
whether contemporaneously with the form or at any other time, is
subject to prosecution under applicable Federal criminal statutes.
Sec. 51.21 Execution of passport application.
(a) Application by personal appearance. Except as provided in Sec.
51.28, to assist in establishing identity, a minor, a person who has
never been issued a passport in his or her own name, a person who has
not been issued a passport for the full validity period of 10 years in
his or her own name within 15 years of the date of a new application,
or a person who is otherwise not eligible to apply for a passport by
mail under paragraphs (b) and (c) of this section, must apply for a
passport by appearing in person before a passport agent or passport
acceptance agent (see Sec. 51.22). The applicant must verify the
application by oath or affirmation before the passport agent or
passport acceptance agent, sign the completed application, provide
photographs as prescribed by the Department, provide any other
information or documents requested and pay the applicable fees
prescribed in the Schedule of Fees for Consular Services (see 22 CFR
22.1).
(b) Application by mail--persons in the United States. A person in
the United States who previously has been issued a passport valid for
10 years in his or her own name may apply for a new passport by filling
out, signing and mailing an application on the form prescribed by the
Department if:
(1) The most recently issued previous passport was issued when the
applicant was 16 years of age or older;
(2) The application is made not more than 15 years following the
issue date of the previous passport, except as provided in paragraph
(e) of this section; and
(3) The most recently issued previous passport of the same type is
submitted with the new application.
Note to paragraph (b): The applicant must also provide
photographs as prescribed by the Department and pay the applicable
fees prescribed in the Schedule of Fees for Consular Services (22
CFR 22.1).
(c) Application by mail--persons abroad. A person in a foreign
country where the Department has authorized a post to receive passport
applications by mail who previously has been issued a passport valid
for 10 years in his or her own name may apply for a new passport in
that country by filling out, signing and mailing an application on the
form prescribed by the Department if:
(1) The most recently issued previous passport was issued when the
applicant was 16 years of age or older;
(2) The application is made not more than 15 years following the
issue date of the previous passport, except as provided in paragraph
(e) of this section; and
(3) The most recently issued previous passport of the same type is
submitted with the new application.
Note to paragraph (c): The applicant must also provide
photographs as prescribed by the Department and pay the applicable
fees prescribed in the Schedule of Fees for Consular Services (22
CFR 22.1).
(d) Nothing in this Part shall prohibit or limit the Department
from authorizing an overseas post to accept a
[[Page 64934]]
passport application or applications from persons outside the country
or outside the person's country of residence in circumstances which
prevent provision of these services to the person where they are
located or in other unusual circumstances as determined by the
Department.
(e) A senior passport authorizing officer may authorize acceptance
of an application by mail where the application is made more than 15
years following the issue date of the previous passport as appropriate
and in accordance with guidance issued by the Department.
Sec. 51.22 Passport agents and passport acceptance agents.
(a) U.S. citizen employees of the Department authorized to serve as
passport agents. The following employees of the Department are
authorized by virtue of their positions to serve as passport agents
unless the Department in an individual case withdraws authorization:
(1) A passport authorizing officer;
(2) A consular officer, or a U.S. citizen consular agent abroad;
(3) A diplomatic officer specifically authorized by the Department
to accept passport applications; and
(4) Such U.S. citizen Department of State employees and contractors
as the Assistant Secretary for Consular Affairs may designate for the
purpose of administering oaths and affirmations for passport
applications.
(b) Persons designated by the Department to serve as passport
acceptance agents. When designated by the Department, the following
persons are authorized to serve as passport acceptance agents unless
the Department in an individual case withdraws authorization.
(1) An employee of the clerk of any Federal court;
(2) An employee of the clerk of any state court of record;
(3) A postal employee at a United States post office that has been
selected to accept passport applications;
(4) An employee of the Department of Defense at a military
installation that has been authorized to accept passport applications;
(5) An employee of a federal agency that has been selected to
accept passport applications; and
(6) Any other person specifically designated by the Department.
(c) Qualifications of persons designated by the Department to serve
as passport acceptance agents. Before the Department will designate a
person described in Sec. 51.22(b) as a passport acceptance agent, his
or her employer must certify that the person:
(1) Is a U.S. citizen or a U.S. non-citizen national;
(2) Is 18 years of age or older;
(3) Is a permanent employee, excluding ad hoc, contractual, and
volunteer employees; and
(4) Does not have a record of either:
(i) A Federal or State felony conviction; or
(ii) A misdemeanor conviction for crimes involving moral turpitude
or breach of trust, including but not limited to embezzlement, identity
theft, misappropriation, document fraud, drug offenses, or dishonesty
in carrying out a responsibility involving public trust.
(d) Training. A passport acceptance agent described in Sec.
51.22(b) must be trained to apply procedures and practices as detailed
in guidance provided by the Department. Training must be successfully
completed before accepting passport applications.
(e) Responsibilities. The responsibilities of a passport acceptance
agent described in Sec. 51.22(b) include but are not limited to the
following:
(1) Certifying the identity of each applicant. Passport acceptance
agents must certify that they have personally witnessed the applicant
signing his or her application, and that the applicant has:
(i) Personally appeared;
(ii) Presented proper identification, as documented on the
application;
(iii) Submitted photographs that are a true likeness; and
(iv) Taken the oath administered by the acceptance agent.
(2) Safeguarding passport application information under the Privacy
Act of 1974. Passport acceptance agents described in Sec. 51.22(b)
must not retain copies of executed applications, nor release passport
application information to anyone other than the applicant and the
Department.
(3) Avoiding conflict of interest. Passport acceptance agents
described in Sec. 51.22(b) must not participate in any relationship
that could be perceived as a conflict of interest, including but not
limited to providing commercial services related to the passport
process.
(f) Documentation. Passport acceptance facilities within the United
States must maintain a current listing of all passport acceptance
agents designated under Sec. 51.22(b) working at its facility. This
list must be updated at least annually and a copy provided to the
officer specified by the Department at the appropriate passport issuing
office.
(1) The current listing of all designated passport acceptance
agents must include the passport acceptance agents':
(i) Names; and
(ii) Signatures.
(2) Any addition to or deletion from the current listing of
designated passport acceptance agents is subject to prior approval by
the Department.
Sec. 51.23 Identity of applicant.
(a) The applicant has the burden of establishing his or her
identity.
(b) The applicant must establish his or her identity by the
submission of a previous passport, other state, local, or federal
government officially issued identification with photograph, or other
identifying evidence which may include an affidavit of an identifying
witness.
(c) The Department may require such additional evidence of identity
as it deems necessary.
Sec. 51.24 Affidavit of identifying witness.
(a) An identifying witness must execute an affidavit in the form
prescribed by the Department before the person who accepts the passport
application.
(b) A person who has received or expects to receive a fee for his
or her services in connection with executing the application or
obtaining the passport may not serve as an identifying witness.
Sec. 51.25 Name of applicant to be used in passport.
(a) The passport shall be issued in the full name of the applicant,
generally the name recorded in the evidence of nationality and
identity.
(b) The applicant must explain any material discrepancies between
the name on the application and the name recorded in the evidence of
nationality and identity. The name provided by the applicant on the
application may be used if the applicant submits the documentary
evidence prescribed by the Department.
(c) A name change will be recognized for purposes of issuing a
passport if the name change occurs in one of the following ways.
(1) Court order or decree. An applicant whose name has been changed
by court order or decree must submit with his or her application a copy
of the order or decree.
Acceptable types of court orders and decrees include but are not
limited to:
(i) A name change order;
(ii) A divorce decree specifically declaring the return to a former
name;
(2) Certificate of naturalization issued in a new name.
(3) Marriage. An applicant who has adopted a new name following
marriage must present a copy of the marriage certificate.
(4) Operation of state law. An applicant must present operative
[[Page 64935]]
government-issued legal documentation declaring the name change or
issued in the new name.
(5) Customary usage. An applicant who has adopted a new name other
than as prescribed in paragraphs (c)(1) through (4) of this section
must submit evidence of public and exclusive use of the adopted name
for a long period of time, in general five years, as prescribed in
guidance issued by the Department. The evidence must include three or
more public documents, including one government-issued identification
with photograph and other acceptable public documents prescribed by the
Department.
Sec. 51.26 Photographs.
The applicant must submit with his or her application photographs
as prescribed by the Department that are a good likeness of and
satisfactorily identify the applicant.
Sec. 51.27 Incompetents.
A legal guardian or other person with the legal capacity to act on
behalf of a person declared incompetent may execute a passport
application on the incompetent person's behalf.
Sec. 51.28 Minors.
(a) Minors under age 16. (1) Personal appearance. Minors under 16
years of age applying for a passport must appear in person, unless the
personal appearance of the minor is specifically excused by a senior
passport authorizing officer, pursuant to guidance issued by the
Department. In cases where personal appearance is excused, the
person(s) executing the passport application on behalf of the minor
shall appear in person and verify the application by oath or
affirmation before a person authorized by the Secretary to administer
oaths or affirmations, unless these requirements are also excused by a
senior passport authorizing officer pursuant to guidance issued by the
Department.
(2) Execution of passport application by both parents or by each
legal guardian. Except as specifically provided in this section, both
parents or each of the minor's legal guardians, if any, whether
applying for a passport for the first time or for a renewal, must
execute the application on behalf of a minor under age 16 and provide
documentary evidence of parentage or legal guardianship showing the
minor's name, date and place of birth, and the names of the parent or
parents or legal guardian.
(3) Execution of passport application by one parent or legal
guardian. A passport application may be executed on behalf of a minor
under age 16 by only one parent or legal guardian if such person
provides:
(i) A notarized written statement or affidavit from the non-
applying parent or legal guardian, if applicable, consenting to the
issuance of the passport, or
(ii) Documentary evidence that such person is the sole parent or
has sole custody of the minor. Such evidence includes, but is not
limited to, the following:
(A) A birth certificate providing the minor's name, date and
place of birth and the name of only the applying parent;
(B) A Consular Report of Birth Abroad of a Citizen of the United
States of America or a Certification of Report of Birth of a United
States Citizen providing the minor's name, date and place of birth
and the name of only the applying parent;
(C) A copy of the death certificate for the non-applying parent
or legal guardian;
(D) An adoption decree showing the name of only the applying
parent;
(E) An order of a court of competent jurisdiction granting sole
legal custody to the applying parent or legal guardian containing no
travel restrictions inconsistent with issuance of the passport; or,
specifically authorizing the applying parent or legal guardian to
obtain a passport for the minor, regardless of custodial
arrangements; or specifically authorizing the travel of the minor
with the applying parent or legal guardian;
(F) An order of a court of competent jurisdiction terminating
the parental rights of the non-applying parent or declaring the non-
applying parent or legal guardian to be incompetent.
(G) An order of a court of competent jurisdiction providing for
joint legal custody or requiring the permission of both parents or
the court for important decisions will be interpreted as requiring
the permission of both parents or the court, as appropriate.
Notwithstanding the existence of any such court order, a passport
may be issued when compelling humanitarian or emergency reasons
relating to the welfare of the minor exist.
(4) Execution of passport application by a person acting in loco
parentis.
(i) A person may apply in loco parentis on behalf of a minor
under age 16 by submitting a notarized written statement or a
notarized affidavit from both parents or each legal guardian, if
any, specifically authorizing the application.
(ii) If only one parent or legal guardian provides the notarized
written statement or notarized affidavit, the applicant must provide
documentary evidence that an application may be made by one parent
or legal guardian, consistent with Sec. 51.28(a)(3).
(5) Exigent or special family circumstances. A passport may be
issued when only one parent, legal guardian or person acting in loco
parentis executes the application, in cases of exigent or special
family circumstances.
(i) ``Exigent circumstances'' are defined as time-sensitive
circumstances in which the inability of the minor to obtain a
passport would jeopardize the health and safety or welfare of the
minor or would result in the minor being separated from the rest of
his or her traveling party. ``Time sensitive'' generally means that
there is not enough time before the minor's emergency travel to
obtain either the required consent of both parents/legal guardians
or documentation reflecting a sole parent's/legal guardian's custody
rights.
(ii) ``Special family circumstances'' are defined as
circumstances in which the minor's family situation makes it
exceptionally difficult for one or both of the parents to execute
the passport application; and/or compelling humanitarian
circumstances where the minor's lack of a passport would jeopardize
the health, safety, or welfare of the minor; or, pursuant to
guidance issued by the Department, circumstances in which return of
a minor to the jurisdiction of his or her home state or habitual
residence is necessary to permit a court of competent jurisdiction
to adjudicate or enforce a custody determination. A passport issued
due to such special family circumstances may be limited for direct
return to the United States in accordance with Sec. 51.60(e).
(iii) A parent, legal guardian, or person acting in loco
parentis who is applying for a passport for a minor under age 16
under this paragraph must submit a written statement with the
application describing the exigent or special family circumstances
he or she believes should be taken into consideration in applying an
exception.
(iv) Determinations under Sec. 51.28(a)(5) must be made by a
senior passport authorizing officer pursuant to guidance issued by
the Department.
(6) Nothing contained in this section shall prohibit any Department
official adjudicating a passport application filed on behalf of a minor
from requiring an applicant to submit other documentary evidence deemed
necessary to establish the applying adult's entitlement to obtain a
passport on behalf of a minor under the age of 16 in accordance with
the provisions of this regulation.
(b) Minors 16 years of age and above. (1) A minor 16 years of age
and above applying for a passport must appear in person and may execute
the application for a passport on his or her own behalf unless the
personal appearance of the minor is specifically excused by a senior
passport authorizing officer pursuant to guidance issued by the
Department, or unless, in the judgment of the person before whom the
application is executed, it is not advisable for the minor to execute
his or her own application. In such case, it must be executed by a
parent or legal guardian of the minor, or by a person in loco parentis,
unless the personal appearance of the parent, legal guardian or person
in loco parentis is excused by the senior
[[Page 64936]]
passport authorizing officer pursuant to guidance issued by the
Department.
(2) The passport authorizing officer may at any time require a
minor 16 years of age and above to submit the notarized consent of a
parent, a legal guardian, or a person in loco parentis to the issuance
of the passport.
(c) Rules applicable to all minors--(1) Objections. At any time
prior to the issuance of a passport to a minor, the application may be
disapproved and a passport may be denied upon receipt of a written
objection from a parent or legal guardian of the minor, or from another
party claiming authority to object, so long as the objecting party
provides sufficient documentation of his or her custodial rights or
other authority to object.
(2) An order from a court of competent jurisdiction providing for
joint legal custody or requiring the permission of both parents or the
court for important decisions will be interpreted as requiring the
permission of both parents or the court as appropriate.
(3) The Department will consider a court of competent jurisdiction
to be a U.S. state or federal court or a foreign court located in the
minor's home state or place of habitual residence.
(4) The Department may require that conflicts regarding custody
orders, whether domestic or foreign, be settled by the appropriate
court before a passport may be issued.
(5) Access by parents and legal guardians to passport records for
minors. Either parent or any legal guardian of a minor may upon written
request obtain information regarding the application for and issuance
of a passport to a minor, unless the requesting parent's parental
rights have been terminated by an order of a court of competent
jurisdiction, a copy of which has been provided to the Department. The
Department may deny such information to a parent or legal guardian if
it determines that the minor objects to disclosure and the minor is 16
years of age or older or if the Department determines that the minor is
of sufficient age and maturity to invoke his or her own privacy rights.
Subpart C--Evidence of U.S. Citizenship or Nationality
Sec. 51.40 Burden of proof.
The applicant has the burden of proving that he or she is a U.S.
citizen or non-citizen national.
Sec. 51.41 Documentary evidence.
The applicant must provide documentary evidence that he or she is a
U.S. citizen or non-citizen national.
Sec. 51.42 Persons born in the United States applying for a passport
for the first time.
(a) Primary evidence of birth in the United States. A person born
in the United States generally must submit a birth certificate. The
birth certificate must show the full name of the applicant, the
applicant's place and date of birth, the full name of the parent(s),
and must be signed by the official custodian of birth records, bear the
seal of the issuing office, and show a filing date within one year of
the date of birth.
(b) Secondary evidence of birth in the United States. If the
applicant cannot submit a birth certificate that meets the requirement
of paragraph (a) of this section, he or she must submit secondary
evidence sufficient to establish to the satisfaction of the Department
that he or she was born in the United States. Secondary evidence
includes but is not limited to hospital birth certificates, baptismal
certificates, medical and school records, certificates of circumcision,
other documentary evidence created shortly after birth but generally
not more than 5 years after birth, and/or affidavits of persons having
personal knowledge of the facts of the birth.
Sec. 51.43 Persons born outside the United States applying for a
passport for the first time.
(a) General. A person born outside the United States must submit
documentary evidence that he or she meets all the statutory
requirements for acquisition of U.S. citizenship or non-citizen
nationality under the provision of law or treaty under which the person
is claiming U.S. citizenship or non-citizen nationality.
(b) Documentary Evidence. (1) Types of documentary evidence of
citizenship for a person born outside the United States include:
(i) A certificate of naturalization.
(ii) A certificate of citizenship.
(iii) A Consular Report of Birth Abroad.
(2) An applicant without one of these documents must produce
supporting documents as required by the Department, showing acquisition
of U.S. citizenship under the relevant provisions of law.
Sec. 51.44 Proof of resumption or retention of U.S. citizenship.
An applicant who claims to have resumed or retained U.S.
citizenship must submit with the application a certificate of
naturalization or evidence that he or she took the steps necessary to
resume or retain U.S. citizenship in accordance with the applicable
provision of law.
Sec. 51.45 Department discretion to require evidence of U.S.
citizenship or non-citizen nationality.
The Department may require an applicant to provide any evidence
that it deems necessary to establish that he or she is a U.S. citizen
or non-citizen national, including evidence in addition to the evidence
specified in 22 CFR 51.42 through 51.44.
Sec. 51.46 Return or retention of evidence of U.S. citizenship or
non-citizen nationality.
The Department will generally return to the applicant evidence
submitted in connection with an application for a passport. The
Department may, however, retain evidence when it deems it necessary for
anti-fraud or law enforcement or other similar purposes.
Subpart D--Fees
Sec. 51.50 Form of payment.
Passport fees must be paid in U.S. currency or in other forms of
payments permitted by the Department.
Sec. 51.51 Passport fees.
The Department collects the following passport fees in the amounts
prescribed in the Schedule of Fees for Consular Services (22 CFR 22.1):
(a) An application fee, which must be paid at the time of
application, except as provided in Sec. 51.52, and is not refundable,
except as provided in Sec. 51.53.
(b) An execution fee, except as provided in Sec. 51.52, when the
applicant is required to execute the application in person before a
person authorized to administer oaths for passport purposes. The
execution fee is collected at the time of application and is not
refundable (see Sec. 51.55). When execution services are provided by
an official of a State or local government or of the United States
Postal Service (USPS), the State or local government or USPS may retain
the fee if authorized to do so by the Department.
(c) A fee for expedited passport processing, if applicable (see
Sec. 51.56).
(d) A surcharge in the amount of twenty dollars ($20) on the filing
of each application for a passport in order to cover the costs of
meeting the increased demand for passports as a result of actions taken
to comply with section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1165 note). The surcharge will be
recovered by the Department of State from within the passport fee
reflected in the Schedule of Fees for Consular Services.
(e) An enhanced border security surcharge on the filing of each
application for a regular passport in an
[[Page 64937]]
amount set administratively by the Department and published in the
Schedule of Fees for Consular Services.
(f) Any other fee that the Department is authorized or required by
law to charge for passport services.
(g) The foregoing fees are applicable regardless of the validity
period of the passport.
Sec. 51.52 Exemption from payment of passport fees.
The following persons are exempt from payment of passport fees
except for the passport execution fee, unless their applications are
executed before a federal official, in which case they are also exempt
from payment of the passport execution fee:
(a) An officer or employee of the United States traveling on
official business and the members of his or her immediate family. The
applicant must submit evidence of the official purpose of the travel
and, if applicable, authorization for the members of his or her
immediate family to accompany or reside with him or her abroad.
(b) An American seaman who requires a passport in connection with
his or her duties aboard a United States flag vessel.
(c) A widow, widower, child, parent, brother or sister of a
deceased member of the U.S. Armed Forces proceeding abroad to visit the
grave of such service member or to attend a funeral or memorial service
for such member.
(d) Other persons whom the Department determines should be exempt
from payment of passport fees for compelling circumstances, pursuant to
guidance issued by the Department; or
(e) Other categories of persons exempted by law.
Sec. 51.53 Refunds.
(a) The Department will refund the passport application fee and the
security surcharge to any person exempt from payment of passport fees
under 22 CFR 51.52 from whom the fee was erroneously collected.
(b) The Department will refund an expedited passport processing fee
if the Department fails to provide expedited passport processing as
provided in 22 CFR 51.56.
(c) For procedures on refunds of $5.00 or less, see 22 CFR 22.6(b).
Sec. 51.54 Replacement passports without payment of applicable fees.
A passport issuing office may issue a replacement passport for the
following reasons without payment of applicable fees:
(a) To correct an error or rectify a mistake of the Department;
(b) When the bearer has changed his or her name or other personal
identifier listed on the data page of the passport, and applies for a
replacement passport within one year of the date of the passport's
original issuance.
(c) When the bearer of an emergency full fee passport issued for a
limited validity period applies for a full validity passport within one
year of the date of the passport's original issuance.
(d) When a passport is retained by U.S. law enforcement or
judiciary for evidentiary purposes and the bearer is still eligible to
have a passport.
(e) When a passport is issued to replace a passport with a failed
electronic chip for the balance of the original validity period.
Sec. 51.55 Execution fee not refundable.
The fee for the execution of a passport application is not
refundable.
Sec. 51.56 Expedited passport processing.
(a) Within the United States, an applicant for passport service
(including issuance, replacement or the addition of visa pages) may
request expedited processing. The Department may decline to accept the
request.
(b) Expedited passport processing shall mean completing processing
within the number of business days published on the Department's
website, consistent with the purposes of expedited processing,
commencing when the application reaches a Passport Agency or, if the
application is already with a Passport Agency commencing when the
request for expedited processing is approved. The processing will be
considered completed when the passport is ready to be picked up by the
applicant or is mailed to the applicant, or a letter of passport denial
is transmitted to the applicant.
(c) A fee is charged for expedited passport processing (see 22 CFR
51.51(c)). The fee does not cover any costs of mailing above the normal
level of service regularly provided by the Department. The cost of
expedited mailing must be paid by the applicant.
(d) The Department will not charge the fee for expedited passport
processing if the Department's error, mistake or delay caused the need
for expedited processing.
Subpart E--Denial, Revocation, and Restriction of Passports
Sec. 51.60 Denial and restriction of passports.
(a) The Department may not issue a passport, except a passport for
direct return to the United States, in any case in which the Department
determines or is informed by competent authority that:
(1) The applicant is in default on a loan received from the United
States under 22 U.S.C. 2671(b)(2)(B) for the repatriation of the
applicant and, where applicable, the applicant's spouse, minor
child(ren), and/or other immediate family members, from a foreign
country (see 22 U.S.C. 2671(d)); or
(2) The applicant has been certified by the Secretary of Health and
Human Services as notified by a state agency under 42 U.S.C. 652(k) to
be in arrears of child support in an amount determined by statute.
(b) The Department may refuse to issue a passport in any case in
which the Department determines or is informed by competent authority
that:
(1) The applicant is the subject of an outstanding Federal warrant
of arrest for a felony, including a warrant issued under the Federal
Fugitive Felon Act (18 U.S.C. 1073); or
(2) The applicant is subject to a criminal court order, condition
of probation, or condition of parole, any of which forbids departure
from the United States and the violation of which could result in the
issuance of a Federal warrant of arrest, including a warrant issued
under the Federal Fugitive Felon Act; or
(3) The applicant is subject to a U.S. court order committing him
or her to a mental institution; or
(4) The applicant has been legally declared incompetent by a court
of competent jurisdiction in the United States; or
(5) The applicant is the subject of a request for extradition or
provisional request for extradition which has been presented to the
government of a foreign country; or
(6) The applicant is the subject of a subpoena received from the
United States pursuant to 28 U.S.C. 1783, in a matter involving Federal
prosecution for, or grand jury investigation of, a felony; or
(7) The applicant is a minor and the passport may be denied under
22 CFR 51.28; or
(8) The applicant is subject to an order of restraint or
apprehension issued by an appropriate officer of the United States
Armed Forces pursuant to chapter 47 of title 10 of the United States
Code; or
(9) The applicant is the subject of an outstanding state or local
warrant of arrest for a felony; or
(10) The applicant is the subject of a request for extradition or
provisional arrest submitted to the United States by a foreign country.
(c) The Department may refuse to issue a passport in any case in
which:
[[Page 64938]]
(1) The applicant has not repaid a loan received from the United
States under 22 U.S.C. 2670(j) for emergency medical attention, dietary
supplements, and other emergency assistance, including, if applicable,
assistance provided to his or her child(ren), spouse, and/or other
immediate family members in a foreign country; or
(2) The applicant has not repaid a loan received from the United
States under 22 U.S.C. 2671(b)(2)(B) or 22 U.S.C. 2671(b)(2)(A) for the
repatriation or evacuation of the applicant and, if applicable, the
applicant's child(ren), spouse, and/or other immediate family members
from a foreign country to the United States; or
(3) The applicant has previously been denied a passport under this
section or 22 CFR 51.61, or the Department has revoked the applicant's
passport or issued a limited passport for direct return to the United
States under 22 CFR 51.62, and the applicant has not shown that there
has been a change in circumstances since the denial, revocation or
issuance of a limited passport that warrants issuance of a passport; or
(4) The Secretary determines that the applicant's activities abroad
are causing or are likely to cause serious damage to the national
security or the foreign policy of the United States.
(d) The Department may refuse to issue a passport in a case in
which the Department is informed by an appropriate foreign government
authority or international organization that the applicant is the
subject of a warrant of arrest for a felony.
(e) The Department may refuse to issue a passport, except a
passport for direct return to the United States, in any case in which
the Department determines or is informed by a competent authority that
the applicant is a minor who has been abducted, wrongfully removed or
retained in violation of a court order or decree and return to his or
her home state or habitual residence is necessary to permit a court of
competent jurisdiction to determine custody matters.
Sec. 51.61 Denial of passports to certain convicted drug traffickers.
(a) A passport may not be issued in any case in which the
Department determines or is informed by competent authority that the
applicant is subject to imprisonment or supervised release as the
result of a felony conviction for a Federal or state drug offense, if
the individual used a U.S. passport or otherwise crossed an
international border in committing the offense, including a felony
conviction arising under:
(1) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or
(2) Any Federal law involving controlled substances as defined in
section 802 of the Controlled Substances Act (21 U.S.C. 801 et seq.);
or
(3) The Bank Secrecy Act (31 U.S.C. 5311 et seq.) or the Money
Laundering Act (18 U.S.C. 1956 et seq.) if the Department is in receipt
of information that supports the determination that the violation
involved is related to illicit production of or trafficking in a
controlled substance; or
(4) Any state law involving the manufacture, distribution, or
possession of a controlled substance.
(b) A passport may be refused in any case in which the Department
determines or is informed by competent authority that the applicant is
subject to imprisonment or supervised release as the result of a
misdemeanor conviction of a Federal or state drug offense if the
individual used a U.S. passport or otherwise crossed an international
border in committing the offense, other than a first conviction for
possession of a controlled substance, including a misdemeanor
conviction arising under:
(1) The Federal statutes described in Sec. 51.61(a); or
(2) Any State law involving the manufacture, distribution, or
possession of a controlled substance.
(c) Notwithstanding paragraph (a) of this section, the Department
may issue a passport when the competent authority confirms, or the
Department otherwise finds, that emergency circumstances or
humanitarian reasons exist.
Sec. 51.62 Revocation or limitation of passports.
(a) The Department may revoke or limit a passport when
(1) The bearer of the passport may be denied a passport under 22
CFR 51.60 or 51.61; or 51.28; or any other provision contained in this
part; or,
(2) The passport has been obtained illegally, fraudulently or
erroneously; was created through illegality or fraud practiced upon the
Department; or has been fraudulently altered or misused;
(b) The Department may revoke a passport when the Department has
determined that the bearer of the passport is not a U.S. national, or
the Department is on notice that the bearer's certificate of
citizenship or certificate of naturalization has been canceled.
Sec. 51.63 Passports invalid for travel into or through restricted
areas; prohibition on passports valid only for travel to Israel.
(a) The Secretary may restrict the use of a passport for travel to
or use in a country or area which the Secretary has determined is:
(1) A country with which the United States is at war; or
(2) A country or area where armed hostilities are in progress; or
(3) A country or area in which there is imminent danger to the
public health or physical safety of United States travelers.
(b) Any determination made and restriction imposed under paragraph
(a) of this section, or any extension or revocation of the restriction,
shall be published in the Federal Register.
(c) A passport may not be designated as valid only for travel to
Israel.
Sec. 51.64 Special validation of passports for travel to restricted
areas.
(a) A U.S. national may apply to the Department for a special
validation of his or passport to permit its use for travel to, or use
in, a restricted country or area. The application must be accompanied
by evidence that the applicant falls within one of the categories in
paragraph (c) of this section.
(b) The Department may grant a special validation if it determines
that the validation is in the national interest of the United States.
(c) A special validation may be determined to be in the national
interest if:
(1) The applicant is a professional reporter or journalist, the
purpose of whose trip is to obtain, and make available to the public,
information about the restricted area; or
(2) The applicant is a representative of the International
Committee of the Red Cross or the American Red Cross traveling pursuant
to an officially-sponsored Red Cross mission; or
(3) The applicant's trip is justified by compelling humanitarian
considerations; or
(4) The applicant's request is otherwise in the national interest.
Sec. 51.65 Notification of denial or revocation of passport.
(a) The Department will notify in writing any person whose
application for issuance of a passport has been denied, or whose
passport has been revoked. The notification will set forth the specific
reasons for the denial or revocation, and, if applicable, the
procedures for review available under 22 CFR 51.70 through 51.74.
(b) An application for a passport will be denied or treated as
abandoned if an
[[Page 64939]]
applicant fails to meet his or her burden of proof under 22 CFR
51.23(a) and 51.40 or otherwise does not provide documentation
sufficient to establish entitlement to passport issuance within ninety
days of notification by the Department that additional information from
the applicant is required. Thereafter, if an applicant wishes to pursue
a claim of entitlement to passport issuance, he or she must submit a
new application and supporting documents, photographs, and statements
in support of the application, along with applicable application and
execution fees.
Sec. 51.66 Surrender of passport.
The bearer of a passport that is revoked must surrender it to the
Department or its authorized representative upon demand.
Subpart F--Procedures for Review of Certain Denials and Revocations
Sec. 51.70 Request for hearing to review certain denials and
revocations.
(a) A person whose passport has been denied or revoked under 22 CFR
51.60(b)(1) through (10), 51.60(c), 51.60(d), 51.61(b), 51.62(a)(1)
where the basis for the adverse action would entitle the applicant to a
hearing under this section, or Sec. 51.62(a)(2) may request a hearing
to the Department to review the basis for the denial or revocation
within 60 days of receipt of the notice of the denial or revocation.
(b) The provisions of Sec. Sec. 51.70 through 51.74 do not apply
to any action of the Department taken on an individual basis in
denying, restricting, revoking, or invalidating a passport or in any
other way adversely affecting the ability of a person to receive or use
a passport for reasons excluded from Sec. 51.70(a) including:
(1) Non-nationality;
(2) Refusal under the provisions of 51.60(a);
(3) Refusal to grant a discretionary exception under emergency or
humanitarian relief provisions of Sec. 51.61(c);
(4) Refusal to grant a discretionary exception from geographical
limitations of general applicability.
(c) If a timely request for a hearing is made, the Department will
hold it within 60 days of the date the Department receives the request,
unless the person requesting the hearing asks for a later date and the
Department and the hearing officer agree.
(d) The Department will give the person requesting the hearing not
less than 10 business days' written notice of the date and place of the
hearing.
Sec. 51.71 The hearing.
(a) The Department will name a hearing officer, who will make
findings of fact and submit recommendations based on the record of the
hearing as defined in Sec. 51.72 to the Deputy Assistant Secretary for
Passport Services in the Bureau of Consular Affairs.
(b) The person requesting the hearing may appear in person, or with
or by his designated attorney. The attorney must be admitted to
practice in any state of the United States, the District of Columbia,
any territory or possession of the United States, or be admitted to
practice before the courts of the country in which the hearing is to be
held.
(c) The person requesting the hearing may testify, offer evidence
in his or her own behalf, present witnesses, and make arguments at the
hearing. The person requesting the hearing is responsible for all costs
associated with the presentation of his or her case. The Department may
present witnesses, offer evidence, and make arguments in its behalf.
The Department is responsible for all costs associated with the
presentation of its case.
(d) Formal rules of evidence will not apply, but the hearing
officer may impose reasonable restrictions on relevancy, materiality,
and competency of evidence presented. Testimony will be under oath or
by affirmation under penalty of perjury. The hearing officer may not
consider any information that is not also made available to the person
requesting the hearing and made a part of the record of the proceeding.
(e) If any witness is unable to appear in person, the hearing
officer may, in his or her discretion, accept an affidavit from or
order a deposition of the witness, the cost for which will be the
responsibility of the requesting party.
Sec. 51.72 Transcript and record of the hearing.
A qualified reporter will make a complete verbatim transcript of
the hearing. The person requesting the hearing and/or his or her
attorney may review and purchase a copy of the transcript. The hearing
transcript and the documents received by the hearing officer will
constitute the record of the hearing.
Sec. 51.73 Privacy of hearing.
Only the person requesting the hearing, his or her attorney, the
hearing officer, official reporters, and employees of the Department
directly concerned with the presentation of the case for the Department
may be present at the hearing. Witnesses may be present only while
actually giving testimony or as otherwise directed by the hearing
officer.
Sec. 51.74 Final decision.
After reviewing the record of the hearing and the findings of fact
and recommendations of the hearing officer, the Deputy Assistant
Secretary for Passport Services will decide whether to uphold the
denial or revocation of the passport. The Department will promptly
notify the person requesting the hearing in writing of the decision. If
the decision is to uphold the denial or revocation, the notice will
contain the reason(s) for the decision. The decision is final and is
not subject to further administrative review.
Dated: November 8, 2007.
Janice L. Jacobs,
Principal Deputy Assistant Secretary, Consular Affairs, Department of
State.
[FR Doc. E7-22461 Filed 11-16-07; 8:45 am]
BILLING CODE 4710-06-P