[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Rules and Regulations]
[Pages 60811-60813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22937]


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DEPARTMENT OF STATE

22 CFR Part 51

RIN 1400-ZA07

[Public Notice 4859]


Passport Procedures--Amendment to Passport Regulations

AGENCY: State Department.

ACTION: Interim rule.

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SUMMARY: This interim rule amends the regulation implementing the 
statutory requirement that both parents consent to issuance of a 
passport for children under 14 years to require that a statement of 
consent submitted in support of a minor's application be notarized. The 
rule will ensure that the individual providing the signature is 
properly identified.

DATES: The effective date is November 1. The Department will accept 
comments from the public up to 30 days from November 12, 2004.

ADDRESSES: Written comments should be addressed to: Chief, Legal 
Division, Office of Passport Policy, Planning and Advisory Services, 
2100 Pennsylvania Ave., NW., 3rd Floor, Washington, DC 20037. E-mail 
for comments: [email protected].
    Persons with access to the internet may also view this notice and 
provide comment by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Sharon Palmer-Royston, Office of 
Passport Policy, Planning and Advisory Services, Bureau of Consular 
Affairs, Department of State 202-663-2662; Fax 202-663-2654.

SUPPLEMENTARY INFORMATION: 22 U.S.C. 213 provides that before a U.S. 
passport can be issued the applicant ``shall subscribe to and submit a 
written application which shall contain a true recital of each and 
every matter of fact which may be required by law or by any rules 
authorized by law.'' Section 236 of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Public Law 106-113, 113 
Stat. 1501A-420 (22 U.S.C. 213n) (``2-Parent Consent Statute'') 
provides that the Secretary shall require documentary proof of both 
parents' or

[[Page 60812]]

the legal guardian's consent before issuing passports to children under 
age 14 ``under penalty of perjury.'' The requirement was added as a 
measure to prevent the use of the United States passport in 
international child abduction, and was implemented by Section 51.27(b) 
of Title 22, Code of Federal Regulations (CFR) (published at 66 Fed. 
Reg. 29904, June 4, 2001). Section 51.27(b)(2) provides that both 
parents must execute a passport application on behalf of a minor under 
age 14 or, if only one parent or a legal guardian executes the 
application, such parent or guardian must provide documentary evidence 
that he or she is the sole parent or has sole custody of the child or 
that he or she has the non-applying parent's or guardian's consent, if 
applicable, to the issuance of the passport. Subsection 
51.27(b)(2)(ii)(B) provides that the applying parent or guardian may 
provide a written statement of consent from the non-applying parent or 
guardian, if applicable, to the issuance of the passport.

Passport Applications of Minors Under Age 14

    Since the 2000 implementation of the 2-Parent Consent Statute by 22 
CFR 51.27, there have been public comments and expressions of concern 
regarding the lack of independent verification of the identity of the 
individual signing the statement of consent.
    It has become evident that some parental applicants are providing 
affidavits that are signed by individuals other than the non-applying 
parent, despite the provisions of 18 U.S.C. 1544, 1101 and 22 CFR 
51.1(g) which provide that individuals providing false information as 
part of a passport application, whether contemporaneously with the 
application form or at any other time, are subject to prosecution for 
passport fraud or perjury under all applicable criminal statutes, 
including but not limited to 18 U.S.C. 1001, 1541, et seq. and 1621. 
Some applying parents who submit forged consent statements often do so 
to abduct their child or otherwise interfere with the rights of the 
non-applying parent. Most, however, are only going on vacation or 
obtaining the passport against the wishes of the other parent.
    This Interim Rule amends Subsection 51.27(b)(2)(ii)(B) to require 
that the written statement of consent of the non-applying parent be 
notarized. The purpose of this change is to prevent forgery and to 
ensure that the individual signing the consent statement submitted with 
the passport application has been properly identified. This change will 
substantially reduce the possibility of the submission of false 
statements of consent. This rule needs to be implemented immediately to 
strengthen fraud prevention to avoid further instances of the applying 
parent submitting a false statement of consent and to reduce the 
possibility of a U.S passport being used in an effort to interfere with 
the custodial rights of the non-applying parent.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as an interim rule, with a 
30-day provision for post-promulgation public comments, based on the 
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). It is dictated by the necessity of establishing additional 
controls over the documentation of U.S. citizens who are ages 14 and 
under, to help prevent the possible misuse of a passport in 
facilitating international child abduction.

Regulatory Flexibility Act/Executive Order 13272

    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. 
601-612.

The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 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 will 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 import 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 $100 million or more by State, 
local, or tribal governments, or by the private sector. This rule does 
not result in any such expenditure nor will it significantly or 
uniquely affect small governments.

Executive Order 13132: Federalism

    The Department finds that this regulation will 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 does the 
rule have federalism implications warranting the application of 
Executive Order No. 12372 and No. 13132.

Executive Order 12866: Regulatory Review

    This rule is exempt from E.O. 12866, but the Department has 
reviewed the rule to ensure consistency with the objectives of the 
Executive Order and has determined that the regulations do not 
constitute a significant regulatory action within the meaning of the 
Executive Order.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulation in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

The Paperwork Reduction Act of 1995

    This rule does not impose information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

The Treasury and General Government Appropriations Act of 1999--
Assessment of Federal Regulations and Policies on Families

    In light of the nature of these regulations and section 654 of the 
Treasury and General Government Appropriations Act of 1999, Public Law 
105-277, 112 Stat. 2681 (1998), the Department has assessed the impact 
of these proposed regulations on family well being in accordance with 
section 654(c) of that Act. This rule is intended to promote child and 
family safety by helping prevent child abduction and international 
child trafficking.

List of Subjects in 22 CFR Part 51

    Administrative practice and procedure, Drug traffic control, 
Passports and visas.

0
Accordingly, the Department amends 22 CFR Chapter I as follows:

PART 51--[AMENDED]

0
1. The authority citation for Part 51 continues to read as follows:

    Authority: 22 U.S.C. 211a, 213, 2651a, 2671(d)(3), 2714 and 
3926; 31 U.S.C. 9701;

[[Page 60813]]

E.O. 11295, 3 CFR, 1966-1970 Comp., p 570; sec. 236, Public Law 106-
113, 113 Stat. 1501A-430; 18 U.S.C. 1621(a)(2).


0
2. Revise Sec.  51.27(b)(2)(iii)(B) to read as follows:


Sec.  51.27  Minors.

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (B) A notarized written statement or notarized affidavit from the 
non-applying parent or guardian, if applicable, consenting to the 
issuance of the passport.
* * * * *

    Dated: September 23, 2004.
Daniel B. Smith,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 04-22937 Filed 10-12-04; 8:45 am]
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