[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40912-40914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13227]


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DEPARTMENT OF STATE

[Public Notice: 12092]


30-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.

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SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
In accordance with the Paperwork Reduction Act of 1995, we are 
requesting comments on this collection from all interested individuals 
and organizations. The purpose of this notice is to allow 30 days for 
public comment preceding submission of the collection to OMB.

DATES: The Department will accept comments from the public up to July 
24, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to: www.reginfo.gov/public/do/PRAMain. Find this 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. You must 
include the DS form number, information collection title, and the OMB 
control number in any correspondence (if applicable). You may send 
requests for additional information regarding the collection listed in 
this notice, including requests for copies of the proposed collection 
instrument and supporting documents, to the following

[[Page 40913]]

email address: [email protected]. You must include the 
DS form number and information collection title 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: Reinstatement of a Formerly 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 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 50.5-50.7 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 unspecified or another gender 
identity (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.

[[Page 40914]]

    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. 2023-13227 Filed 6-21-23; 8:45 am]
BILLING CODE 4710-06-P