[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50823-50826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22011]



22 CFR Part 5

[Public Notice 10513]
RIN 1400-AE18


AGENCY: State Department.

ACTION: Final rule.


SUMMARY: The Department of State (the Department) updates and revises 
the rules that set forth its organization, rules of procedure, place at 
which the public may obtain forms, and its substantive rules of general 

DATES: This rule is effective on November 9, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney Adviser, 
Office of Management, Office of the Legal Adviser, (202) 647-2318, 
[email protected].


Why is the Department promulgating this rule?

    The Freedom of Information Act (5 U.S.C. 552(a)(1) requires that 
agencies publish in the Federal Register certain information.\1\ The 
Department provides this information in Part 5 of Title 22, Code of 
Federal Regulations. The Department last amended Part 5 in 1968; it is, 
therefore, obsolete. This rulemaking provides the necessary updates.

    \1\ (A) Descriptions of its central and field organization and 
the established places at which, the employees (and in the case of a 
uniformed service, the members) from whom, and the methods whereby, 
the public may obtain information, make submittals or requests, or 
obtain decisions; (B) Statements of the general course and method by 
which its functions are channeled and determined, including the 
nature and requirements of all formal and informal procedures 
available; (C) Rules of procedure, descriptions of forms available 
or the places at which forms may be obtained, and instructions as to 
the scope and contents of all papers, reports, or examinations; (D) 
Substantive rules of general applicability adopted as authorized by 
law, and statements of general policy or interpretations of general 
applicability formulated and adopted by the agency; and (E) Each 
amendment, revision, or repeal of the foregoing.

What are the substantive changes from the current Part 5?

    The Authorities section and Sec. Sec.  5.1 and 5.2 are updated to 
reflect current authorities. Section 5.2 contains a new provision that 
refers to the Department's practice of publishing certain delegations 
of authority in the Federal Register. Section 5.2 also contains a 
reference to the new Sec.  5.5, which describes the Foreign Affairs 
Manual and Foreign Affairs Handbook.
    Section 5.3, containing the bureau names, contact addresses, and 
websites of Department offices, is totally revised from the last 
amendment of this rule in 1968.
    Section 5.4 provides a list of substantive rules of general 
applicability, and where the public can find them in 22 CFR. Provisions 
that were not listed in 1968 include: Part 22 (Schedule of Fees for 
Consular Services); Part 103 (Chemical Weapons Convention Regulations); 
Part 104 (International Trafficking in Persons); Part 141 et seq. 
(Civil Rights); Part 171 (Availability of Information and Records to 
the Public); Part 172 (Service of Process); Part 173 (Availability of 

[[Page 50824]]

Diplomacy Material in the United States); and Part 181 (Coordination, 
Reporting, and Publication of International Agreements).
    Section 5.5 is new. It describes the Foreign Affairs Manual and the 
Foreign Affairs Handbook, which is a collection of directives that 
provide procedures and policies on matters relating to Department 
management and personnel.

Regulatory Findings

Administrative Procedure Act

    This rule is a rule of agency organization, procedure, or practice. 
The Department publishes it as a final rule in accordance with 5 U.S.C. 

Regulatory Flexibility Act/Executive Order 13272: Small Business

    The Department certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, 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 will not result in any such expenditure, nor 
will it significantly or uniquely affect small governments.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804. The 
Department is aware of no monetary effect on the economy that would 
result from this rulemaking, nor will there be any increase in costs or 
prices; or any effect 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.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. The Department of State has 
reviewed this rule to ensure its consistency with the regulatory 
philosophy and principles set forth in Executive Order 12866. This rule 
deals with Department organization and procedures and will not impose 
any costs on the public. The Department has determined that the 
benefits of this regulation, i.e., ensuring compliance with FOIA and 
providing information and transparency to the public, outweigh any 

Executive Orders 12372 and 13132: Federalism

    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. The rule will not have federalism 
implications warranting the application of Executive Orders 12372 and 

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 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 

Executive Order 13563: Improving Regulation and Regulatory Review

    The Department has considered this rule in light of Executive Order 
13563, dated January 18, 2011, and affirms that this regulation is 
consistent with the guidance therein.

Executive Order 13771--Reducing Regulation and Controlling Regulatory 

    This rule is not expected to be an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.

Paperwork Reduction Act

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

List of Subjects in 22 CFR Part 5

    Organization and functions (Government agencies).

    For the reasons set forth in the preamble, the Department of State 
revises 22 CFR part 5 to read as follows:


5.1 Introduction.
5.2 Central and field organization.
5.3 Rules of procedure, description of forms available, or the 
places at which forms may be obtained.
5.4 Substantive rules of general applicability adopted as authorized 
by law.
5.5 The Foreign Affairs Manual and the Foreign Affairs Handbook.

    Authority: 22 U.S.C. 2651a; 5 U.S.C. 552.

Sec.  5.1  Introduction.

    This part provides information to the public as required by the 
Freedom of Information Act, 5 U.S.C. 552(a)(1).

Sec.  5.2  Central and field organization.

    (a) The central organization of the Department of State is 
prescribed by the State Department Basic Authorities Act of 1956, as 
amended (Pub. L. 84-885), codified at 22 U.S.C. 2651 et seq. and the 
Foreign Affairs Manual (see Sec.  5.5).
    (b) As used in this part, the term ``Department of State'' includes 
all offices within the Department in Washington, its domestic field 
offices in the United States, all U.S. diplomatic and consular posts 
throughout the world, and U.S. missions to international organizations 
unless otherwise specified.
    (c) Any person desiring information concerning a matter handled by 
the Department of State, or any person desiring to make a submittal or 
request in connection with such a matter, should communicate either 
orally or in writing with the appropriate office. If the office 
receiving the communication does not have jurisdiction to handle the 
matter, the communication, if written, will be forwarded to the proper 
office, or, if oral, the person will be advised how to proceed. When 
the submittal or request from a member of the public consists of a 
formal application for one of the documents, privileges, or other 
benefits provided for in the laws administered by the Department of 
State, or in the regulations implementing these laws, the member of the 
public should follow the instructions on the form as to preparation and 
place of submission.
    (d) From time to time, the Secretary of State will, to the extent 
authorized by law, delegate statutory or other authorities to 
subordinate officers, as authorized by 22 U.S.C. 2651a(a)(4). The 
Department will generally publish such delegations of authority in the 
Federal Register.

Sec.  5.3  Rules of procedure, description of forms available, or the 
places at which forms may be obtained.

    Rules of procedure regarding the following listed matters may be 
consulted under the corresponding regulations referenced in Sec.  5.4, 
or obtained upon application to the offices listed below. Forms 
pertaining to the following listed matters, and instructions relating 
thereto may also be obtained at the offices indicated in the following 
table 1 to Sec.  5.3:

[[Page 50825]]

                                              Table 1 to Sec.   5.3
           Subject matter                       Office                                Address
Access to Information and Records..  Bureau of Administration...  Office of Information Programs and Services
                                                                   (IPS), U.S. Department of State, State Annex
                                                                   2 (SA-2), 515 22nd Street NW, Washington, DC,
                                                                   Suite 8100, 20522-0208, Fax: (202) 261-8579,
                                                                   URL: FOIA.state.gov.
                                                                  For passport records and records of the Office
                                                                   of the Inspector General, please see 22 CFR
Appointment of Foreign Service       Board of Examiners for the   Board of Examiners for the Foreign Service,
 Officers.                            Foreign Service.             Department of State, SA-1, H-518, 2401 E
                                                                   Street NW. Washington, DC 20522.
Authentications....................  Office of Authentications..  U.S. Department of State, 600 19th Street NW,
                                                                   Washington, DC 20006.
Civil Rights.......................  Office of Civil Rights.....  Office of Civil Rights (S/OCR), 2201 C Street
                                                                   NW, Suite 7428, Washington, DC 20520.
Forms..............................  ...........................  https://eforms.state.gov.
International educational and        Bureau of Educational and    For ECA-funded programs, Department of State,
 cultural exchange programs.          Cultural Affairs.            2200 C Street NW, Washington, DC 20522-0500,
                                                                   ECA.state.gov; phone (202) 632-6445.
                                                                  For the Exchange Visitor Program, Department
                                                                   of State, SA-4E, Room E-B001--2201 C Street
                                                                   NW, Washington, DC 20520.
                                                                   [email protected]; phone (202) 632-6445.
International Traffic in Arms        Directorate of Defense       U.S. Department of State, Directorate of
 Regulations.                         Trade Controls.              Defense Trade Controls, 2401 E Street NW, SA-
                                                                   1, Room H1200, Washington, DC 20037.
U.S. Passports.....................  Passport Services..........  https://travel.state.gov/, National Passport
                                                                   Information Center, 877-487-2778, 888-874-
                                                                   7793 (TDD/TTY), 8:00 am to 10:00 pm ET Monday-
                                                                   Friday, 10:00 am to 3:00 pm ET Saturday
                                                                   (excluding federal holidays), [email protected].
Organizational chart...............  ...........................  https://www.state.gov/r/pa/ei/rls/dos/99484.htm.
Procurements and assistance,         Office of the Procurement    U.S. Department of State, A/OPE (SA-15, Suite
 domestic/international acquisition   Executive.                   1060), Washington, DC 20522, FAX 703-875-
 and federal assistance policy.                                    6155.
Protection and welfare of U.S.       Overseas Citizen Services..  https://travel.state.gov/, 888-407-4747 (from
 citizens, intercountry adoption,                                  U.S. and Canada), +1 202-501-4444 (from
 international child abduction, and                                Overseas).
 other consular services abroad.
Treaties and international           Office of the Assistant      https://www.state.gov/s/l/treaty/.
 agreements.                          Legal Adviser for Treaty
Visa issuance......................  Office of Visa Services....  https://travel.state.gov/, National Visa
                                                                   Center--Public Inquiries, 603-334-0700
                                                                   (immigrant visas only), 603-334-0888
                                                                   (nonimmigrant visas only), 7:00 a.m.--12:00
                                                                   a.m. ET Monday-Friday (excluding federal
                                                                   holidays), https://secureforms.travel.state.gov/ask-nvc.php.

Sec.  5.4  Substantive rules of general applicability adopted as 
authorized by law.

    (a) The regulations of the Department of State required to be 
published under the provisions of the Administrative Procedure Act are 
found in the Code of Federal Regulations (generally in title 22) and in 
the Federal Register. Any person desiring information with respect to a 
particular procedure should examine the pertinent regulation cited in 
paragraph (b) of this section.
    (b) The following paragraphs (b)(1) through (18) are citations to 
regulations within the scope of this section:
    (1) Appointment of Foreign Service Officers. 22 CFR part 11 et seq.
    (2) Schedule of Fees for Consular Services. 22 CFR part 22.
    (3) Claims and Stolen Property. 22 CFR part 31 et seq.
    (4) Issuance of Visas. 22 CFR parts 41-42 et seq.
    (5) Nationality and Passports. 22 CFR part 50 et seq.
    (6) International Educational and Cultural Exchanges. 22 CFR part 
62 et seq.
    (7) Protection and Welfare of Americans Abroad. 22 CFR part 71 et 
    (8) Other Consular Services Abroad. 22 CFR part 92 et seq.
    (9) Chemical Weapons Convention Regulations. 22 CFR part 103.
    (10) International Trafficking in Persons. 22 CFR part 104.
    (11) International Traffic in Arms Regulations. 22 CFR part 121 et 
    (12) Certificates of Authentication. 22 CFR part 131 et seq.
    (13) Civil Rights, including implementation of Sections 504 and 508 
of the Rehabilitation Act of 1973. 22 CFR part 141 et seq.
    (14) Department of State Acquisition Regulation. 48 CFR chapter 6.
    (15) Availability of Information and Records to the Public. 22 CFR 
part 171.
    (16) Service of Process. 22 CFR part 172.
    (17) Availability of Public Diplomacy Program Material in the 
United States. 22 CFR part 173.
    (18) Coordination, Reporting, and Publication of International 
Agreements. 22 CFR part 181.
    (c) The regulations listed in paragraph (b) of this section are 
supplemented from time to time by amendments appearing initially in the 
Federal Register.

Sec.  5.5.  The Foreign Affairs Manual and the Foreign Affairs 

    The Department articulates official guidance, including procedures 
and policies, on matters relating to Department management and 
personnel in the Foreign Affairs Manual (FAM) and the Foreign Affairs 
Handbook (FAH) series. Some of these directives are promulgated 
pursuant to statute, such as the Secretary of State's authority to 
prescribe regulations for the Foreign Service as provided in Section 
206 of the Foreign Service Act of 1980, as amended, 22 U.S.C. 3926. The 

[[Page 50826]]

and FAHs that are publicly available are located on the Department's 
public website, at https://fam.state.gov/.

    Dated: September 26, 2018.
Alicia A. Frechette,
Executive Director, Office of the Legal Adviser and Bureau of 
Legislative Affairs, Department of State.
[FR Doc. 2018-22011 Filed 10-9-18; 8:45 am]