Bureau of Consular Affairs; Passport and Nationality Procedures Persons Authorized to Issue Passports and Adjudicate Nationality Abroad

DEPARTMENT OF STATE

22 CFR Parts 50 and 51

[Public Notice 2419]

Bureau of Consular Affairs; Passport and Nationality Procedures--

Persons Authorized to Issue Passports and Adjudicate Nationality Abroad

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

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SUMMARY: This rule amends existing nationality and passport regulations

to

[[Page 43311]]

allow designated U.S. citizen employees of the Department of State to

grant, issue and verify U.S. passports and to adjudicate U.S.

nationality claims in foreign countries. The extension of this

responsibility to designated United States citizen Department of State

employees will enable foreign service posts to provide more efficient

passport, citizenship and nationality service to the public. Consular

officers will be able to concentrate on managing consular resources,

but will still provide passport and citizenship services to U.S.

citizens as necessary. This rule also updates terminology relating to

Consular Reports of Birth Abroad of a Citizen of the United States of

America and clarifies the authority of consular Agents and others to

administer the oath for passport purposes.

EFFECTIVE DATE: August 22, 1996.

FOR FURTHER INFORMATION CONTACT:

Carmen A. DiPlacido, or Michael Meszaros, Overseas Citizens Services,

Office of Policy, Review and Interagency Liaison, Department of State,

202-647-3666.

SUPPLEMENTARY INFORMATION: The Secretary of State is authorized by 22

U.S.C. 211a to issue passports, and to cause passports to be issued in

foreign countries pursuant to rules prescribed by the President. The

President's rulemaking authority was delegated to the Secretary of

State in Executive Order No. 11295 (August 5, 1966) and is routinely

exercised by the Assistant Secretary of State for Consular Affairs.

Section 127(a) of the Foreign Relations Authorization Act, Fiscal Years

1994-1995, Pub. L. 103-236 (Apr. 30, 1994), and Section 1(b) of Pub. L.

103-415 (Oct. 25, 1994), amended 22 U.S.C. 211a to allow the Secretary

of State to designate certain United States citizen employees of the

Department of State stationed abroad to grant, issue and verify

passports in foreign countries. (Until now, these passport and

adjudicatory functions have been performed abroad only by diplomatic

and consular officers.) The authority to designate was delegated to the

Assistant Secretary of State for Consular Affairs in Delegation of

Authority No. 214 (Sept. 20, 1994), and through these regulations will

be further delegated to the Deputy Assistant Secretary for Overseas

Citizens Services.

The authority to grant, issue and verify passports implicitly

includes the authority to determine a passport applicant's U.S.

nationality and U.S. citizenship. Persons designated under the new

regulations will therefore generally determine claims to U.S.

nationality/citizenship (acquisition and loss) made by persons abroad

who apply for passports, registration as a U.S. citizen, cards of

identity or other travel documents. Designated persons will also

provide advice to consular officers with respect to issuance of

Consular Reports of Birth Abroad of a Citizen of the United States of

America (Consular Report of Birth Abroad).

Persons designated by the Deputy Assistant Secretary for Overseas

Citizens Services must meet criteria relating to necessary training and

experience before authorization to perform adjudication

responsibilities. Consular officers will supervise all aspects of

nationality adjudication performed by persons designated under the new

regulations. The Consular Report of Birth Abroad will continue to be

solely issued by the consular officer, however, because at present such

documents are proof of citizenship under 22 U.S.C. section 2705 only

when so issued. The new authority permitting other U.S. citizen

employees to perform these functions will relieve consular officers of

some of their ministerial functions, so that they may focus more effort

on other demands of managing workloads at our overseas posts. Portions

of 22 CFR part 50 and 22 CFR part 51 are being amended to reflect this

new authority.

The regulations also update the text of regulations relating to the

issuance of Consular Report of Birth Abroad of a Citizen of the United

States of America. The Consular Report of Birth Abroad was formerly

known as a registration of birth abroad. This outdated terminology is

replaced where it occurs. In addition, for security and anti-fraud

reasons, the regulation is being amended to limit the persons eligible

to apply for a Consular Report of Birth Abroad to the citizen's

parent(s) and the citizen's legal guardian. See 22 CFR 50.5.

The regulations (51.21) are also being amended to reflect that

consular agents and overseas notarial officers may administer the oaths

for passport purposes required by 22 U.S.C. 213, and for the Consular

Report of Birth Abroad.

Pursuant to 5 U.S.C. Section 553(b)(A), these rules are being

promulgated without notice or comment because they are rules of agency

organization and procedure. These regulations are not expected to have

a significant economic impact on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 605(b).

In addition, they will not impose information collection requirements

under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter

35. Nor do these final rules have federalism implications warranting

the preparation of a Federalism Assessment in accordance with E.O.

12612. These final rules have been reviewed as required by E.O. 12988.

These rules are exempt from review under E.O. 12866 but have been

reviewed and found to be consistent with the objectives thereof.

List of Subjects

22 CFR Part 50

Citizenship and naturalization.

22 CFR Part 51

Administrative practice and procedure, Passports and visas.

Accordingly, 22 CFR parts 50 and 51 are amended as follows:

PART 50--NATIONALITY PROCEDURES

1. The authority citation for part 50 is revised to read as

follows:

Authority: Sec. 4, 63 Stat. 111, as amended, secs. 104s, 360, 66

Stat. 174, 273; 22 U.S.C. 211a, 22 U.S.C. 2658, 2705, 8 U.S.C. 1104,

1503.

2. Section 50.1 is amended by adding paragraph (g) to read as

follows:

Sec. 50.1 Definitions.

* * * * *

(g) Designated nationality examiner means a United States citizen

employee of the Department of State assigned or employed abroad

(permanently or temporarily) and designated by the Deputy Assistant

Secretary of State for Overseas Citizen Services, to grant, issue and

verify U.S. passports. A designated nationality examiner may adjudicate

claims of acquisition and loss of United States nationality and

citizenship as required for the purpose of providing passport and

related services. The authority of designated nationality examiners

shall include the authority to examine, adjudicate, approve and deny

passport applications and applications for related services. The

authority of designated nationality examiners shall expire upon

termination of the employee's assignment for such duty and may also be

terminated at any time by the Deputy Assistant Secretary for Overseas

Citizen Services.

3. Section 50.2 is amended by revising ``registration of birth'' to

read ``a Consular Report of Birth Abroad of a Citizen of the United

States of America'' and by adding the following four sentences after

the existing sentence:

Sec. 50.2 Determination of U.S. nationality of persons abroad.

* * * Such determinations of nationality may be made abroad by a

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consular officer or a designated nationality examiner. A designated

nationality examiner may accept and approve/disapprove applications for

registration and accept and approve/disapprove applications for

passports and issue passports. Under the supervision of a consular

officer, designated nationality examiners shall accept, adjudicate,

disapprove and provisionally approve applications for the Consular

Report of Birth Abroad. A Consular Report of Birth Abroad may only be

issued by a consular officer, who will review a designated nationality

examiner's provisional approval of an application for such report and

issue the report if satisfied that the claim to nationality has been

established.

4. Section 50.3 is amended by revising paragraph (b) to read as

follows:

Sec. 50.3 Application for registration.

* * * * *

(b) The applicant shall execute the registration form prescribed by

the Department and shall submit the supporting evidence required by

subpart C of part 51 of this chapter. A diplomatic or consular officer

or a designated nationality examiner shall determine the period of time

for which the registration will be valid.

5. Section 50.5 is amended by revising the introductory text to

read as follows:

Sec. 50.5 Application for Consular Report of Birth Abroad of a Citizen

of the United States of America.

Upon application by the parent(s) or the child's legal guardian, a

consular officer or designated nationality examiner may accept and

adjudicate the application for a Consular Report of Birth Abroad of a

Citizen of the United States of America for a child born in their

consular district. In specific instances, the Department may authorize

consular officers and other designated employees to adjudicate the

application for a Consular Report of Birth Abroad of a child born

outside his/her consular district. Under the supervision of a consular

officer, designated nationality examiners shall accept, adjudicate,

disapprove and provisionally approve applications for the Consular

Report of Birth Abroad. The applicant shall be required to submit proof

of the child's birth, identity and citizenship meeting the evidence

requirements of subpart C of part 51 of this subchapter and shall

include:

* * * * *

6. Section 50.7 is revised to read as follows:

Sec. 50.7 Consular Report of Birth Abroad of a Citizen of the United

States of America.

(a) Upon application and the submission of satisfactory proof of

birth, identity and nationality, and at the time of the reporting of

the birth, the consular officer may issue to the parent or legal

guardian, when approved and upon payment of a prescribed fee, a

Consular Report of Birth Abroad of a Citizen of the United States of

America.

(b) Amended and replacement Consular Reports of Birth Abroad of a

Citizen of the United States of America may be issued by the Department

of State's Passport Office upon written request and payment of the

required fee.

(c) When it reports a birth under Sec. 50.6, the Department shall

furnish the Consular Report of Birth Abroad of a Citizen of the United

States of America to the parent or legal guardian upon application and

payment of required fees.

7. Section 50.8 is revised to read as follows:

Sec. 50.8 Certification of Report of Birth Abroad of a United States

Citizen.

At any time subsequent to the issuance of a Consular Report of

Birth Abroad of a Citizen of the United States of America, when

requested and upon payment of the required fee, the Department of

State's Passport Office may issue to the citizen, the citizen's parent

or legal guardian a certificate entitled ``Certification of Report of

Birth Abroad of a United States Citizen.''

8. Section 50.9 is revised to read as follows:

Sec. 50.9 Card of identity.

When authorized by the Department, consular offices or designated

nationality examiners may issue a card of identity for travel to the

United States to nationals of the United States being deported from a

foreign country, to nationals/citizens of the United States involved in

a common disaster abroad, or to a returning national of the United

States to whom passport services have been denied or withdrawn under

the provisions of this part or parts 51 or 53 of this subchapter.

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

Authority: 22 U.S.C. 211a, as amended, 22 U.S.C. 2658, 3926,

sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017; 31 U.S.C. 9701, E.O.

11295, 36 FR 10603; 3 CFR, 1966-70 Comp., p. 570; Pub. L. 100-690,

sec. 129, Pub. L. 102-138, 105 Stat. 661; sec. 503, Pub. L. 102-140,

105 Stat. 820; Title V, Pub. L. 103-317, 108 Stat. 1724, unless

otherwise noted.

10. Section 51.1 is amended by adding paragraph (h) to read as

follows:

Sec. 51.1 Definitions.

* * * * *

(h) Designated nationality examiner means a person designated under

Sec. 50.1(g) of this subchapter.

11. Section 51.21 is amended by revising paragraph (b)(6) as

follows:

Sec. 51.21 Execution of passport application.

* * * * *

(b) * * *

(6) A diplomatic officer, a consular officer, an overseas

nationality examiner, a consular agent or a notarial officer abroad; or

* * * * *

Dated: July 25, 1996.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96-21468 Filed 8-21-96; 8:45 am]

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