[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10423-10424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03371]


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DEPARTMENT OF STATE

[Public Notice: 11983]


60-Day Notice of Proposed Information Collection: Two (2) 
Passport Services Information Collections: Application for Consular 
Report of Birth Abroad of a Citizen of the United States of America and 
Affidavit of Physical Presence or Residence, Parentage, and Support

ACTION: Notice of request for public comment and submission to OMB of 
proposed collection of information.

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SUMMARY: The Department of State has submitted the information 
collections described below to the Office of Management and Budget 
(OMB) for approval. In accordance with the Paperwork Reduction Act of 
1995, we are requesting comments on these collections from all 
interested individuals and organizations. The purpose of this Notice is 
to allow 60 days for public comment.

DATES: The Department will accept comments from the public up to April 
18, 2023.

ADDRESSES: You may submit comments by any of the following methods:
     Web: Persons with access to the internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2023-0002 in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form. Email and regular mail options have been suspended to centralize 
receiving and addressing all comments in a timely manner.
     Email: [email protected].
    You must include the DS form number (if applicable), information 
collection title, and the OMB control number in the email subject line.

SUPPLEMENTARY INFORMATION: 
    Title of Information Collection: Application for Consular Report of 
Birth Abroad of a Citizen of the United States of America.
    OMB Control Number: 1405-0011.
    Type of Request: Revision of a Currently Approved Collection.
    Originating Office: Bureau of Consular Affairs, Passport Services 
(CA/PPT).
    Form Number: DS-2029.
    Respondents: United States Citizens and Nationals.
    Estimated Number of Respondents: 85,170.
    Estimated Number of Responses: 85,170.
    Average Time per Response: 60 minutes.
    Total Estimated Burden Time: 85,170 hours.
    Frequency: On occasion.
    Obligation to Respond: Voluntary.
    Title of Information Collection: Affidavit of Physical Presence or 
Residence, Parentage, and Support.
    OMB Control Number: 1405-0187.
    Type of Request: Revision of a Currently Approved Collection.
    Originating Office: Bureau of Consular Affairs, Passport Services 
(CA/PPT).
    Form Number: DS-5507.
    Respondents: Individuals and Organizations.
    Estimated Number of Respondents: 45,869.
    Estimated Number of Responses: 45,869.
    Average Time per Response: 30 minutes.
    Total Estimated Time Burden: 22,935 hours.
    Frequency: On occasion.
    Obligation to Respond: Required to Obtain or Retain a Benefit.
    We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department,
     Evaluate the accuracy of our estimate of the time and cost 
burden for

[[Page 10424]]

this proposed collection, including the validity of the methodology and 
assumptions used,
     Enhance the quality, utility, and clarity of the 
information to be collected,
     Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
information technology.
    Please note that comments submitted in response to this Notice are 
public record. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.

Abstract of Proposed Collection

     1405-0011, DS-2029, Application for Consular Report of 
Birth Abroad of a Citizen of the United States of America: The form is 
used to apply for a Consular Report of Birth Abroad of a U.S. citizen. 
The information collected on this form will be used to certify the 
acquisition of U.S. citizenship at birth of a person born abroad. 8 
U.S.C. 1104 and 22 CFR 50.5 through 50.7 are among the important legal 
authorities pertaining to the Department's use of this form.
     1405-0187, DS-5507, Affidavit of Physical Presence or 
Residence, Parentage, and Support: The form is used to determine 
whether a U.S. national parent has met the statutory physical presence 
or residence requirements to transmit U.S. nationality to their child 
born abroad or in a United States territory for U.S. noncitizen 
nationality; to establish parentage of the child; and to fulfill the 
requirements of 8 U.S.C. 1409(a), which permits acknowledgment of 
paternity under oath and requires the U.S. citizen father's written 
agreement to provide financial support for a child born abroad out of 
wedlock to a U.S. citizen father.
    The DS-2029, Application for Consular Report of Birth Abroad of a 
Citizen of the United States of America, has been amended based on 
changes in Department policy. The Department's new gender policy 
permits passport applicants to select the gender marker on their 
passport without presenting medical documentation of gender transition. 
This policy change includes updating forms to add a third gender marker 
``X'' for applicants identifying as non-binary, intersex, and/or gender 
non-conforming (in addition to the existing ``M'' and ``F'' gender 
markers).
    Both the DS-2029 and the DS-5507 have been amended to replace the 
term ``sex'' with ``gender'' and to be pronoun-inclusive of all 
genders.
    Both forms have been amended to reflect the Department's updated 
interpretation of Section 301 of the Immigration and Nationality Act 
(INA). Under the updated interpretation, INA Section 301 applies to 
children born abroad to parents who are married to each other at the 
time of the child's birth, when the child has a genetic or gestational 
connection to at least one of the parents in the marriage, and one of 
the parents in the marriage is a U.S. citizen. This updated 
interpretation accommodates modern families and the growing use of 
Assisted Reproductive Technology (ART) and surrogacy. The Department's 
previous interpretation of the INA required a child born abroad to a 
U.S. citizen parent and a foreign national parent to have a genetic or 
gestational tie to the U.S. citizen parent to acquire U.S. citizenship 
at birth (if all other statutory transmission requirements are met). 
The Department had considered births abroad where one of the parents 
did not have a genetic or gestational tie to the child as ``out of 
wedlock,'' even if the parents were married, and adjudicated such 
claims under INA Section 309. The Department will now adjudicate 
citizenship claims under the ``in wedlock'' provisions of INA Section 
301 when the parents are married at the time of the child's birth and 
at least one parent has a genetic or gestational tie to the child. 
Under the updated interpretation, the child may have a genetic or 
gestational tie to either parent in a legal marriage--if one of those 
parents is a U.S. citizen and all other statutory transmission 
requirements have been met--to acquire U.S. citizenship at birth. A 
child born abroad in this circumstance is now considered to be born 
``in wedlock'' for the purposes of INA Section 301.
    Finally, the DS-5507 instructions regarding periods of physical 
presence or residence in the United States or abroad have been amended 
to decrease the burden on the public by clarifying that the Department 
will accept just the Month and Year [or MM-YYYY format] for time frames 
if exact dates are unknown. However, the instructions also indicate 
that the individual may be asked to provide exact dates if necessary to 
determine that statutory transmission requirements have been met.

Methodology

    Parents normally submit an application for a Consular Report of 
Birth Abroad at a U.S. embassy or consulate in the consular district in 
which the birth occurred. A consular officer will interview the 
parent(s)/guardian, examine the application and supporting 
documentation, and enter the information provided into the Department 
of State American Citizen Services (ACS) electronic database.
    Parent(s) may complete and submit the Affidavit of Physical 
Presence or Residence, Parentage, and Support in person or by mail. The 
form may be accessed online, completed electronically, printed, and 
signed; or it may be downloaded, printed, and filled out manually.
    The DS-2029 is also available in an online format (known as 
``eCRBA''). The eCRBA will allow applicants to enter their data, upload 
required documents, pay fees, and schedule an appointment to appear at 
the adjudicating post for an interview.
    Additionally, the applicant will be able to check the status of 
their application. The eCRBA pilot launched in March 2019 at posts 
located in Toronto, Mexico City, Frankfurt, Paris, Tokyo, and Sydney. 
The Department continues to work on enhancements with an anticipated 
phased global rollout in 2023.

Kevin E. Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2023-03371 Filed 2-16-23; 8:45 am]
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