[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)]
[Rules and Regulations]
[Pages 43310-43312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21468]
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DEPARTMENT OF STATE
22 CFR Parts 50 and 51
[Public Notice 2419]
Bureau of Consular Affairs; Passport and Nationality Procedures--
Persons Authorized to Issue Passports and Adjudicate Nationality Abroad
AGENCY: Bureau of Consular Affairs, State.
ACTION: Final rule.
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SUMMARY: This rule amends existing nationality and passport regulations
to
[[Page 43311]]
allow designated U.S. citizen employees of the Department of State to
grant, issue and verify U.S. passports and to adjudicate U.S.
nationality claims in foreign countries. The extension of this
responsibility to designated United States citizen Department of State
employees will enable foreign service posts to provide more efficient
passport, citizenship and nationality service to the public. Consular
officers will be able to concentrate on managing consular resources,
but will still provide passport and citizenship services to U.S.
citizens as necessary. This rule also updates terminology relating to
Consular Reports of Birth Abroad of a Citizen of the United States of
America and clarifies the authority of consular Agents and others to
administer the oath for passport purposes.
EFFECTIVE DATE: August 22, 1996.
FOR FURTHER INFORMATION CONTACT:
Carmen A. DiPlacido, or Michael Meszaros, Overseas Citizens Services,
Office of Policy, Review and Interagency Liaison, Department of State,
202-647-3666.
SUPPLEMENTARY INFORMATION: The Secretary of State is authorized by 22
U.S.C. 211a to issue passports, and to cause passports to be issued in
foreign countries pursuant to rules prescribed by the President. The
President's rulemaking authority was delegated to the Secretary of
State in Executive Order No. 11295 (August 5, 1966) and is routinely
exercised by the Assistant Secretary of State for Consular Affairs.
Section 127(a) of the Foreign Relations Authorization Act, Fiscal Years
1994-1995, Pub. L. 103-236 (Apr. 30, 1994), and Section 1(b) of Pub. L.
103-415 (Oct. 25, 1994), amended 22 U.S.C. 211a to allow the Secretary
of State to designate certain United States citizen employees of the
Department of State stationed abroad to grant, issue and verify
passports in foreign countries. (Until now, these passport and
adjudicatory functions have been performed abroad only by diplomatic
and consular officers.) The authority to designate was delegated to the
Assistant Secretary of State for Consular Affairs in Delegation of
Authority No. 214 (Sept. 20, 1994), and through these regulations will
be further delegated to the Deputy Assistant Secretary for Overseas
Citizens Services.
The authority to grant, issue and verify passports implicitly
includes the authority to determine a passport applicant's U.S.
nationality and U.S. citizenship. Persons designated under the new
regulations will therefore generally determine claims to U.S.
nationality/citizenship (acquisition and loss) made by persons abroad
who apply for passports, registration as a U.S. citizen, cards of
identity or other travel documents. Designated persons will also
provide advice to consular officers with respect to issuance of
Consular Reports of Birth Abroad of a Citizen of the United States of
America (Consular Report of Birth Abroad).
Persons designated by the Deputy Assistant Secretary for Overseas
Citizens Services must meet criteria relating to necessary training and
experience before authorization to perform adjudication
responsibilities. Consular officers will supervise all aspects of
nationality adjudication performed by persons designated under the new
regulations. The Consular Report of Birth Abroad will continue to be
solely issued by the consular officer, however, because at present such
documents are proof of citizenship under 22 U.S.C. section 2705 only
when so issued. The new authority permitting other U.S. citizen
employees to perform these functions will relieve consular officers of
some of their ministerial functions, so that they may focus more effort
on other demands of managing workloads at our overseas posts. Portions
of 22 CFR part 50 and 22 CFR part 51 are being amended to reflect this
new authority.
The regulations also update the text of regulations relating to the
issuance of Consular Report of Birth Abroad of a Citizen of the United
States of America. The Consular Report of Birth Abroad was formerly
known as a registration of birth abroad. This outdated terminology is
replaced where it occurs. In addition, for security and anti-fraud
reasons, the regulation is being amended to limit the persons eligible
to apply for a Consular Report of Birth Abroad to the citizen's
parent(s) and the citizen's legal guardian. See 22 CFR 50.5.
The regulations (51.21) are also being amended to reflect that
consular agents and overseas notarial officers may administer the oaths
for passport purposes required by 22 U.S.C. 213, and for the Consular
Report of Birth Abroad.
Pursuant to 5 U.S.C. Section 553(b)(A), these rules are being
promulgated without notice or comment because they are rules of agency
organization and procedure. These regulations are not expected to have
a significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 605(b).
In addition, they will not impose information collection requirements
under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter
35. Nor do these final rules have federalism implications warranting
the preparation of a Federalism Assessment in accordance with E.O.
12612. These final rules have been reviewed as required by E.O. 12988.
These rules are exempt from review under E.O. 12866 but have been
reviewed and found to be consistent with the objectives thereof.
List of Subjects
22 CFR Part 50
Citizenship and naturalization.
22 CFR Part 51
Administrative practice and procedure, Passports and visas.
Accordingly, 22 CFR parts 50 and 51 are amended as follows:
PART 50--NATIONALITY PROCEDURES
1. The authority citation for part 50 is revised to read as
follows:
Authority: Sec. 4, 63 Stat. 111, as amended, secs. 104s, 360, 66
Stat. 174, 273; 22 U.S.C. 211a, 22 U.S.C. 2658, 2705, 8 U.S.C. 1104,
1503.
2. Section 50.1 is amended by adding paragraph (g) to read as
follows:
Sec. 50.1 Definitions.
* * * * *
(g) Designated nationality examiner means a United States citizen
employee of the Department of State assigned or employed abroad
(permanently or temporarily) and designated by the Deputy Assistant
Secretary of State for Overseas Citizen Services, to grant, issue and
verify U.S. passports. A designated nationality examiner may adjudicate
claims of acquisition and loss of United States nationality and
citizenship as required for the purpose of providing passport and
related services. The authority of designated nationality examiners
shall include the authority to examine, adjudicate, approve and deny
passport applications and applications for related services. The
authority of designated nationality examiners shall expire upon
termination of the employee's assignment for such duty and may also be
terminated at any time by the Deputy Assistant Secretary for Overseas
Citizen Services.
3. Section 50.2 is amended by revising ``registration of birth'' to
read ``a Consular Report of Birth Abroad of a Citizen of the United
States of America'' and by adding the following four sentences after
the existing sentence:
Sec. 50.2 Determination of U.S. nationality of persons abroad.
* * * Such determinations of nationality may be made abroad by a
[[Page 43312]]
consular officer or a designated nationality examiner. A designated
nationality examiner may accept and approve/disapprove applications for
registration and accept and approve/disapprove applications for
passports and issue passports. Under the supervision of a consular
officer, designated nationality examiners shall accept, adjudicate,
disapprove and provisionally approve applications for the Consular
Report of Birth Abroad. A Consular Report of Birth Abroad may only be
issued by a consular officer, who will review a designated nationality
examiner's provisional approval of an application for such report and
issue the report if satisfied that the claim to nationality has been
established.
4. Section 50.3 is amended by revising paragraph (b) to read as
follows:
Sec. 50.3 Application for registration.
* * * * *
(b) The applicant shall execute the registration form prescribed by
the Department and shall submit the supporting evidence required by
subpart C of part 51 of this chapter. A diplomatic or consular officer
or a designated nationality examiner shall determine the period of time
for which the registration will be valid.
5. Section 50.5 is amended by revising the introductory text to
read as follows:
Sec. 50.5 Application for Consular Report of Birth Abroad of a Citizen
of the United States of America.
Upon application by the parent(s) or the child's legal guardian, a
consular officer or designated nationality examiner may accept and
adjudicate the application for a Consular Report of Birth Abroad of a
Citizen of the United States of America for a child born in their
consular district. In specific instances, the Department may authorize
consular officers and other designated employees to adjudicate the
application for a Consular Report of Birth Abroad of a child born
outside his/her consular district. Under the supervision of a consular
officer, designated nationality examiners shall accept, adjudicate,
disapprove and provisionally approve applications for the Consular
Report of Birth Abroad. The applicant shall be required to submit proof
of the child's birth, identity and citizenship meeting the evidence
requirements of subpart C of part 51 of this subchapter and shall
include:
* * * * *
6. Section 50.7 is revised to read as follows:
Sec. 50.7 Consular Report of Birth Abroad of a Citizen of the United
States of America.
(a) Upon application and the submission of satisfactory proof of
birth, identity and nationality, and at the time of the reporting of
the birth, the consular officer may issue to the parent or legal
guardian, when approved and upon payment of a prescribed fee, a
Consular Report of Birth Abroad of a Citizen of the United States of
America.
(b) Amended and replacement Consular Reports of Birth Abroad of a
Citizen of the United States of America may be issued by the Department
of State's Passport Office upon written request and payment of the
required fee.
(c) When it reports a birth under Sec. 50.6, the Department shall
furnish the Consular Report of Birth Abroad of a Citizen of the United
States of America to the parent or legal guardian upon application and
payment of required fees.
7. Section 50.8 is revised to read as follows:
Sec. 50.8 Certification of Report of Birth Abroad of a United States
Citizen.
At any time subsequent to the issuance of a Consular Report of
Birth Abroad of a Citizen of the United States of America, when
requested and upon payment of the required fee, the Department of
State's Passport Office may issue to the citizen, the citizen's parent
or legal guardian a certificate entitled ``Certification of Report of
Birth Abroad of a United States Citizen.''
8. Section 50.9 is revised to read as follows:
Sec. 50.9 Card of identity.
When authorized by the Department, consular offices or designated
nationality examiners may issue a card of identity for travel to the
United States to nationals of the United States being deported from a
foreign country, to nationals/citizens of the United States involved in
a common disaster abroad, or to a returning national of the United
States to whom passport services have been denied or withdrawn under
the provisions of this part or parts 51 or 53 of this subchapter.
9. The authority citation for part 51 continues to read as follows:
Authority: 22 U.S.C. 211a, as amended, 22 U.S.C. 2658, 3926,
sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017; 31 U.S.C. 9701, E.O.
11295, 36 FR 10603; 3 CFR, 1966-70 Comp., p. 570; Pub. L. 100-690,
sec. 129, Pub. L. 102-138, 105 Stat. 661; sec. 503, Pub. L. 102-140,
105 Stat. 820; Title V, Pub. L. 103-317, 108 Stat. 1724, unless
otherwise noted.
10. Section 51.1 is amended by adding paragraph (h) to read as
follows:
Sec. 51.1 Definitions.
* * * * *
(h) Designated nationality examiner means a person designated under
Sec. 50.1(g) of this subchapter.
11. Section 51.21 is amended by revising paragraph (b)(6) as
follows:
Sec. 51.21 Execution of passport application.
* * * * *
(b) * * *
(6) A diplomatic officer, a consular officer, an overseas
nationality examiner, a consular agent or a notarial officer abroad; or
* * * * *
Dated: July 25, 1996.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 96-21468 Filed 8-21-96; 8:45 am]
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