[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48143-48145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15744]


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DEPARTMENT OF STATE

22 CFR Parts 50, 51, and 71

[Public Notice: 11999]
RIN 1400-AF54


Third-Party Attendance at Appointments for Passport, Consular 
Report of Birth Abroad (CRBA), and Certain Other Services

AGENCY: Department of State.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department proposes a rule to provide that private 
attorneys, interpreters, and other third parties may attend certain 
appointments at passport agencies and centers and at U.S. embassies and 
consulates abroad to assist the person requesting services (the 
applicant/requester). This rulemaking permitting third-party attendance 
will apply only to appointments in support of an application for a U.S. 
passport, either domestically or overseas; to appointments related to a 
request for a Consular Report of Birth Abroad or a Certificate of Loss 
of Nationality of the United States (CLN); and to other appointments 
for certain other services offered by American Citizens Services (ACS) 
units at U.S. embassies and consulates overseas (posts). In addition, 
the Department is proposing technical corrections to clarify who may 
act as a consular officer for purposes of the Protection and Welfare of 
Citizens and their Property.

DATES: The Department of State will accept comments until September 25, 
2023.

ADDRESSES: Interested parties may submit comments to the Department by 
any of the following methods:
     Visit the Regulations.gov website at: https://www.regulations.gov and search for the docket number DOS-2023-0008.
     Email: [email protected]. You 
must include AF54 in the subject line of your message.
     All comments should include the commenter's name, the 
organization the commenter represents, if applicable, and the 
commenter's address. If the Department is unable to read your comment 
for any reason, and cannot contact you for clarification, the 
Department may not be able to consider your comment. After the 
conclusion of the comment period, the Department will publish a Final 
Rule (in which it will address relevant comments) as expeditiously as 
possible.

FOR FURTHER INFORMATION CONTACT: Jennifer Tinianow, Office of 
Adjudication, Passport Services, (202) 485-8800, or email 
[email protected].

SUPPLEMENTARY INFORMATION: Applicants appearing for passport and/or 
Consular Reports of Birth Abroad (CRBA) appointments or seeking certain 
other services as described below at an American Citizens Services 
(ACS) unit overseas, occasionally request that a private attorney, 
interpreter, and/or other third party physically accompany them to the 
appointment. In order to clarify worldwide guidelines for third-party 
attendance at appointments for a passport (either at a U.S. domestic 
agency or center or overseas), CRBA, or certain other services offered 
by the ACS Unit at an overseas post, the Department proposes to amend 
22 CFR parts 50, 51, and 71 to address when attorneys and/or other 
third parties may attend an appointment for a U.S. passport, CRBA, 
Certificate of Loss of Nationality of the United States (CLN), or for 
certain other U.S. citizen services offered at post by the ACS unit 
overseas. Although Department guidance has permitted third-party 
attendance at such appointments in the past, the Department has not 
promulgated a regulation regarding third-party attendance. Based on our 
determination that domestic passport agencies and centers and ACS units 
at U.S. embassies and consulates overseas generally have the capacity 
to accommodate third-party attendance at such appointments under 
existing policy, the Department proposes to publish regulations not 
only to provide greater transparency to the public but also an explicit 
framework through which the Department, including the Diplomatic 
Security Service and Chiefs of Mission, may

[[Page 48144]]

facilitate such third-party attendance. The proposed rule specifically 
addresses attendance of a private attorney, interpreter, and/or other 
third party to assist a U.S. citizen or a person with a claim to U.S. 
citizenship appearing for a passport appointment at a passport agency 
or center domestically or U.S. embassy or consulate overseas, or for a 
CRBA or CLN appointment at a U.S. embassy or consulate overseas. The 
proposed rule also applies to the three types of U.S. citizen services 
offered at an ACS unit at post, as described in 7 FAM 020 Appendix B 
(routine American Citizens Services, Special Consular Services, and 
consular crisis preparedness and response).
    While the Department believes that the assistance of a third party 
is not needed to obtain a U.S. passport, CBRA, or to receive other U.S. 
citizen services, it recognizes that U.S. citizens or persons may wish 
to be accompanied by a private attorney, interpreter, and/or other 
third party to their appointment(s) to provide assistance. This 
proposed rule pertains to third parties who may physically accompany an 
individual to a covered appointment. It further confirms that all 
regulations related to passport and CRBA applications in this chapter 
continue to apply including, but not limited to, regulations placing 
the burden of proving eligibility for the requested service or document 
on the applicant. Individuals will bear any cost associated with the 
attendance of an attorney, interpreter, and/or other third party. 
Attendees must follow all security policies of the facility in which 
the appointment takes place and may not be permitted to attend an 
appointment if they engage in any conduct that in the view of the 
Diplomatic Security Service or Chief of Mission (or designee), in their 
sole discretion, disrupts the appointment. Entry to U.S. embassies and 
consulates is pursuant to Department, Chief of Mission, and/or 
Diplomatic Security policies, security directives, and communicated 
guidelines.
    Lastly, the Department is proposing technical amendments to 22 CFR 
part 71 to clarify that appropriately designated Department employees, 
in addition to officers of the Foreign Service, may assist U.S. 
citizens seeking assistance at overseas posts. This change is 
consistent with Federal law and regulations which were amended after 22 
CFR part 71 was published in 1957.

Regulatory Findings

Administrative Procedure Act

    The Department of State is publishing this rulemaking as a proposed 
rule and is providing 60 days for public comment.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rulemaking will not have a 
significant economic impact on a substantial number of small entities. 
Only individuals, and no small entities, apply for passports or CRBAs 
or other services offered by the American Citizens Services (ACS) units 
at U.S. embassies and consulates overseas.

Unfunded Mandates Act of 1995

    This rulemaking will not result in the expenditure by State, local, 
and tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any year and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Executive Order 12866

    The Department has reviewed this proposed regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866, as amended by Executive Order 14094. Applicants 
appearing for passport and/or CRBA appointments or seeking certain 
other services from an ACS unit overseas occasionally request that a 
private attorney, interpreter, and/or other third party physically 
accompany them to the appointment; however, Department regulations 
currently do not address third party attendance in these contexts. The 
Department finds that the cost of this rulemaking to the public is 
expected to be minimal and provides a potential benefit to individuals 
who wish an attorney, interpreter, and/or other third party to 
accompany them to a passport, CRBA, or other appointment at an ACS unit 
overseas. At the same time, those who wish to appear without being 
accompanied by such individuals may do so; this proposed rulemaking 
does not mandate any change in the public's behavior. Additionally, the 
Department does not anticipate that demand for passport, CRBA, or other 
services at ACS units overseas will change as a result of this 
rulemaking. In summary, the Department anticipates no substantive 
impact on the public from this rulemaking.

Executive Order 13563--Improving Regulation and Regulatory Review

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

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 on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this proposed 
rulemaking does not have sufficient federalism implications to require 
consultations or warrant the preparation of a federalism summary impact 
statement. The regulations implementing E.O. 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this regulation.

Executive Order 13175--Consultation With Tribal Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of E.O. 13175 do not apply to this 
proposed rule.

Paperwork Reduction Act

    This rulemaking does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter 
35.

List of Subjects

22 CFR Part 50

    Citizenship and naturalization.

 22 CFR Part 51

    Passports.

22 CFR Part 71

    Protection of U.S. citizens abroad.

    Accordingly, for the reasons set forth in the preamble, the 
Department of State proposes to amend 22 CFR parts 50, 51, and 71 as 
follows:

PART 50--NATIONALITY PROCEDURES

0
1. The authority for part 50 continues to read as follows:

    Authority:  22 U.S.C. 2651a; 8 U.S.C. 1104 and 1401 through 
1504.


[[Page 48145]]


0
2. Amend Sec.  50.40 by adding paragraph (f) to read as follows:


Sec.  50.40  Certification of loss of U.S. nationality.

* * * * *
    (f) Attorney and/or Other Third-Party Presence at In-Person 
Certificate of Loss of Nationality (CLN) appointments. Individuals may, 
at their own expense, have a private attorney, interpreter, and/or 
other third party of their own choice physically present during any in-
person appointment, including interview appointments, at a U.S. embassy 
or consulate abroad related to a request for a CLN; provided that:
    (1) The individual or the attorney and/or other third party shall 
provide advance notice of the attorney's and/or other third party's 
intent to attend the CLN appointment in the manner specified by the 
Department of State and/or the specific U.S. embassy or consulate where 
the appointment is to take place.
    (2) The individual requesting the CLN must appear in person for the 
mandatory in-person interview appointment(s); attendance by an attorney 
and/or other third party shall not be in lieu of the individual's in-
person appearance.
    (3) The diplomatic or consular officer will direct all interview 
questions to the individual requesting the CLN, and the individual must 
personally respond to the consular officer.
    (4) The diplomatic or consular officer conducting the interview 
shall have the discretion to interview the individual alone, without an 
attorney and/or other third-party present, when necessary to evaluate 
whether the individual has performed a potentially expatriating act 
independently, free from duress or coercion, and with intent to 
relinquish U.S. nationality.
    (5) Nothing in this section abrogates any policies, security 
directives, and guidelines from the Department, Chief of Mission, or 
Diplomatic Security Service regarding admission to or conduct in the 
U.S. embassy or consulate. All persons entering a U.S. embassy or 
consulate shall comply with all policies, security directives, 
guidelines, and protocols, including but not limited to those regarding 
security, identification, screening, electronic devices, recording, 
health, and conduct. Individuals may be refused entry or directed to 
leave the U.S. embassy or consulate for noncompliance with such 
policies, directives, guidelines, and protocols.
0
3. Add subpart D to part 50 to read as follows:

Subpart D--Third-Party Attendance at Passport and Consular Report 
of Birth Abroad (CRBA) Appointments

Sec.
50.52. Attorney or Other Third-Party Assistance.


Sec.  50.52.   Attorney or other third-party assistance.

    (a) A person appearing for a passport appointment at a passport 
agency or center domestically or a U.S. embassy or consulate overseas 
or for a Consular Report of Birth Abroad (CRBA) appointment overseas 
may be physically accompanied by a private attorney, interpreter, and/
or other third party of their own choice at their own expense to 
provide assistance. All regulations related to passport and CRBA 
applications in this chapter continue to apply including, but not 
limited to, regulations placing the burden of proving eligibility for 
the requested service or document on the applicant/requester.
    (1) An applicant and/or their attorney, and/or other third-party 
attendee may, at their own expense, bring their own interpreter to any 
passport and/or CRBA appointment, provided the applicant and/or their 
attorney and/or third-party attendee provides advance notice of such 
attendance pursuant to guidance issued by the Department.
    (2) Attendance by an attorney and/or other third party at the 
appointment does not excuse the in-person appearance of the applicant 
as outlined by Sec. Sec.  51.21 and 51.28 of this chapter.
    (3) Nothing in this section abrogates any policies, security 
directives, and guidelines from the Department, Chief of Mission, or 
Diplomatic Security Service regarding admission to or conduct in a 
domestic passport agency or center or at a U.S. embassy or consulate 
overseas. All persons entering a domestic passport agency or center or 
a U.S. embassy or consulate overseas shall comply with all policies, 
security directives, guidelines, and protocols, including but not 
limited to those regarding security, identification, screening, 
electronic devices, recording, health, and conduct. Individuals may be 
refused entry or directed to leave the U.S. embassy or consulate for 
noncompliance with such policies, directives, guidelines, and 
protocols.

PART 51--PASSPORTS

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

    Authority:  8 U.S.C. 1504; 18 U.S.C. 1621; 22 U.S.C. 211a, 212, 
212b, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A, 
Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a, 
218, 2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, & 3926; 26 U.S.C. 
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title V of Pub. L. 
103-317, 108 Stat. 1760]; E.O. 11295, Aug. 6, 1966, FR 10603, 3 CFR, 
1966-1970 Comp., p. 570; Pub. L. 114-119, 130 Stat. 15; Sec. 1 of 
Pub. L. 109-210, 120 Stat. 319; Sec. 2 of Pub. L. 109-167, 119 Stat. 
3578; Sec. 5 of Pub. L. 109-472, 120 Stat. 3554; Pub. L. 108-447, 
Div. B, Title IV, Dec. 8, 2004, 118 Stat. 2809; Pub. L. 108-458, 118 
Stat. 3638, 3823 (Dec. 17, 2004).

0
2. Add Sec.  51.29 to read as follows:


Sec.  51.29  Attorney or other third-party assistance.

    A person seeking passport services may be physically accompanied by 
an attorney, interpreter, and/or other third party of their own choice 
at their own expense in accordance with Sec.  50.52 of this chapter.

PART 71--PROTECTION AND WELFARE OF CITIZENS AND THEIR PROPERTY

0
1. The Authority citation for Part 71 is amended to read as follows:

    Authority:  22 U.S.C. 3904; 22 U.S.C. 2715; 22 U.S.C. 2715a; 22 
U.S.C. 2715b; 22 U.S.C. 2715c; 22 U.S.C. 2671(b)(2); 22 U.S.C. 
2671(d); 22 U.S.C. 2670(j); 22 U.S.C. 4196; 22 U.S.C. 4197

0
2. In subpart A of part 71, remove the words ``officer[s] of the 
Foreign Service'' and replace them with the words ``diplomatic or 
consular officer[s] of the United States'', wherever they appear.
0
3. Revise Sec.  71.1 to read as follows:


Sec.  71.1  Protection of Americans abroad.

    (a) Consular officers shall perform such duties in connection with 
the protection of U.S. nationals abroad as may be required by 
regulations prescribed by the Secretary of State.
    (b) U.S. citizens seeking protection, welfare, or other routine 
American Citizen Services, Special Consular Services, and consular 
crisis preparedness and response from an American Citizens Services 
Unit at a U.S. embassy or consulate may be assisted in related 
proceedings by a third party of their own choice at their own expense 
in accordance with Sec.  50.52 of this chapter.
    (c) For purposes of this part, consular officer includes any United 
States citizen employee of the Department of State who is designated by 
the Deputy Assistant Secretary of State for Overseas Citizens Services 
to perform consular services overseas.

Rena Bitter,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2023-15744 Filed 7-25-23; 8:45 am]
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