[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Rules and Regulations]
[Pages 62694-62695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30762]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 51
[Public Notice 2632]
Passport Procedures--Amendment to Restriction of Passports
Regulation
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Interim final.
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SUMMARY: This interim final rule would add one new ground for denying,
revoking or canceling a passport. The interim final rule would require
the Secretary of State to deny a passport to a person who has been
certified by the Secretary of Health and Human Services upon receipt of
a State Agency determination to be in arrears of child support by an
amount exceeding $5,000.00, and would except from review adverse
actions on that ground.
EFFECTIVE DATE: October 1, 1997.
COMMENTS: Interested persons are invited to submit written comments on
or before December 26, 1997.
ADDRESSES: Director, Office of Passport Policy and Advisory Services,
1111 19th Street, N.W., Suite 260, Washington, D.C. 20524.
FOR FURTHER INFORMATION CONTACT: Sharon E. Palmer-Royston, Office of
Passport Policy and Advisory Services, Bureau of Consular Affairs,
Department of State (202) 955-0231.
SUPPLEMENTARY INFORMATION: Section 51.70(a) of the passport regulations
in Title 22 of the Code of Federal Regulations provides the grounds
other than noncitizenship which require the Secretary of State to
refuse to issue a passport. Section 452(k) of the Social Security Act
(Pub. L. 93-647, 42 U.S.C. 652) as added by Section 370 of the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996
(Pub. L. 104-193), effective October 1, 1997: (1) Requires that the
Secretary of Health and Human Services shall transmit to the Secretary
of State a certification by a State agency in accordance with the
requirements of section 454(31) of the Act of a determination that an
individual owes arrearages of child support in an amount exceeding
$5,000.00; and, (2) requires that the Secretary of State shall, upon
receipt of such certification by the Secretary of Health and Human
Services, refuse to issue a passport to such individual, and authorizes
the Secretary to revoke, restrict, or limit a passport previously
issued to such an individual.
This interim final rule would amend the existing regulation at
section 51.70(a) of Title 22 of the Code of Federal Regulations by the
addition of a new section 51.70(a)(8) to require the Secretary of State
to refuse to issue a passport, except one limited for direct return to
the United States, to a person who has been certified by the Secretary
of Health and Human Services to be in arrears of child support by an
amount exceeding $5,000.00. The Department of State is already
authorized by the provisions in Sec. 51.72(a) of Title 22 of the Code
of Federal Regulations to revoke or restrict or limit a passport where
a national would not be entitled to the issuance of a new passport
under section 51.70 of Title 22 of the Code of Federal Regulations.
The Department of State is required by the provisions in section
51.75 of Title 22 of the Code of Federal Regulations to notify any
person, who is the subject of a passport denial or cancellation and
revocation, in writing of the reasons for the adverse action. In this
regard, subsection 452(k)(3) of the Social Security Act (Pub. L. 93-
647), as added by section 370 of the PRWORA (Pub. L. 104-193), provides
that the Secretary of State shall not be liable to an individual for
any action with respect to certification by a State agency under this
section; and, section 454(31)(A) of the Social Security Act (Pub. L.
93-647) requires that State agencies afford each individual concerned
with notice of the determination of their arrearage of child support in
an amount exceeding $5,000.00 and the consequences thereof, and an
opportunity to contest the
[[Page 62695]]
determination. Therefore, the remedy of any individual who is the
subject of a passport denial, revocation, restriction or limitation due
to arrearages of child support in an amount exceeding $5,000.000 lies
only with the State agency, and no administrative review by the
Department of State under the provisions in Secs. 51.81 through 51.89
of Title 22 of the Code of Federal Regulations will be performed.
Section 51.80 of Title 22 of the Code of Federal Regulations is amended
to exempt this reason for passport denial from entitlement to a
hearing.
These changes to the 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 rules have federalism implications warranting the
preparation of a Federalism Assessment in accordance with E.O. 12988.
These rules are exempt form review under E.O. 12988 but have been
reviewed and found to be consistent with the objectives.
For the reasons set forth in the preamble, part 51 to title 22 is
amended as follows:
PART 51--PASSPORTS
1. The authority citation for part 51 is revised to read as
follows:
Authority: 22 U.S.C. 211a, as amended; 8 U.S.C. 1104(d); 22
U.S.C. 2651a, 3926; sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017;
31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 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;
sec. 452(k) and sec. 454(31), Pub. L. 93-647, 42 U.S.C. 652, as
amended by sec. 370, Pub. L. 104-193, 110 Stat. 2251-2252.
2. Section 51.70(a) is amended as follows:
a. Substitute ``; or'' for the period after paragraph (a)(7).
b. Add paragraph (a)(8) to read as follows:
Sec. 51.70 Denial of passports.
(a) * * *
(8) 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 exceeding $5,000.00.
Sec. 51.80 [Revised]
3. Section 51.80 is revised to read as follows:
The provisions of Secs. 51.81 through 51.89 shall not apply to any
action of the Secretary of State 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 by reason of:
(a) Noncitizenship.
(b) Refusal under the provisions of Sec. 51.70(a)(8),
(c) Refusal to grant a discretionary exception under the emergency
or humanitarian relief provisions of Sec. 51.71(c), or
(d) Refusal to grant a discretionary exception from geographical
limitations of general applicability. The provisions of this subpart
shall otherwise constitute the administrative remedies provided by the
Department to persons who are the subject of adverse action under
Sec. 51.70, Sec. 51.71 or Sec. 51.72.
Dated: November 6, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 97-30762 Filed 11-24-97; 8:45 am]
BILLIING CODE 4710-06-M