Passport ProceduresAmendment to Restriction of Passports Regulation

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 51

[Public Notice 2632]

Passport Procedures--Amendment to Restriction of Passports

Regulation

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Interim final.

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SUMMARY: This interim final rule would add one new ground for denying,

revoking or canceling a passport. The interim final rule would require

the Secretary of State to deny a passport to a person who has been

certified by the Secretary of Health and Human Services upon receipt of

a State Agency determination to be in arrears of child support by an

amount exceeding $5,000.00, and would except from review adverse

actions on that ground.

EFFECTIVE DATE: October 1, 1997.

COMMENTS: Interested persons are invited to submit written comments on

or before December 26, 1997.

ADDRESSES: Director, Office of Passport Policy and Advisory Services,

1111 19th Street, N.W., Suite 260, Washington, D.C. 20524.

FOR FURTHER INFORMATION CONTACT: Sharon E. Palmer-Royston, Office of

Passport Policy and Advisory Services, Bureau of Consular Affairs,

Department of State (202) 955-0231.

SUPPLEMENTARY INFORMATION: Section 51.70(a) of the passport regulations

in Title 22 of the Code of Federal Regulations provides the grounds

other than noncitizenship which require the Secretary of State to

refuse to issue a passport. Section 452(k) of the Social Security Act

(Pub. L. 93-647, 42 U.S.C. 652) as added by Section 370 of the Personal

Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996

(Pub. L. 104-193), effective October 1, 1997: (1) Requires that the

Secretary of Health and Human Services shall transmit to the Secretary

of State a certification by a State agency in accordance with the

requirements of section 454(31) of the Act of a determination that an

individual owes arrearages of child support in an amount exceeding

$5,000.00; and, (2) requires that the Secretary of State shall, upon

receipt of such certification by the Secretary of Health and Human

Services, refuse to issue a passport to such individual, and authorizes

the Secretary to revoke, restrict, or limit a passport previously

issued to such an individual.

This interim final rule would amend the existing regulation at

section 51.70(a) of Title 22 of the Code of Federal Regulations by the

addition of a new section 51.70(a)(8) to require the Secretary of State

to refuse to issue a passport, except one limited for direct return to

the United States, to a person who has been certified by the Secretary

of Health and Human Services to be in arrears of child support by an

amount exceeding $5,000.00. The Department of State is already

authorized by the provisions in Sec. 51.72(a) of Title 22 of the Code

of Federal Regulations to revoke or restrict or limit a passport where

a national would not be entitled to the issuance of a new passport

under section 51.70 of Title 22 of the Code of Federal Regulations.

The Department of State is required by the provisions in section

51.75 of Title 22 of the Code of Federal Regulations to notify any

person, who is the subject of a passport denial or cancellation and

revocation, in writing of the reasons for the adverse action. In this

regard, subsection 452(k)(3) of the Social Security Act (Pub. L. 93-

647), as added by section 370 of the PRWORA (Pub. L. 104-193), provides

that the Secretary of State shall not be liable to an individual for

any action with respect to certification by a State agency under this

section; and, section 454(31)(A) of the Social Security Act (Pub. L.

93-647) requires that State agencies afford each individual concerned

with notice of the determination of their arrearage of child support in

an amount exceeding $5,000.00 and the consequences thereof, and an

opportunity to contest the

[[Page 62695]]

determination. Therefore, the remedy of any individual who is the

subject of a passport denial, revocation, restriction or limitation due

to arrearages of child support in an amount exceeding $5,000.000 lies

only with the State agency, and no administrative review by the

Department of State under the provisions in Secs. 51.81 through 51.89

of Title 22 of the Code of Federal Regulations will be performed.

Section 51.80 of Title 22 of the Code of Federal Regulations is amended

to exempt this reason for passport denial from entitlement to a

hearing.

These changes to the 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 rules have federalism implications warranting the

preparation of a Federalism Assessment in accordance with E.O. 12988.

These rules are exempt form review under E.O. 12988 but have been

reviewed and found to be consistent with the objectives.

For the reasons set forth in the preamble, part 51 to title 22 is

amended as follows:

PART 51--PASSPORTS

1. The authority citation for part 51 is revised to read as

follows:

Authority: 22 U.S.C. 211a, as amended; 8 U.S.C. 1104(d); 22

U.S.C. 2651a, 3926; sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017;

31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 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;

sec. 452(k) and sec. 454(31), Pub. L. 93-647, 42 U.S.C. 652, as

amended by sec. 370, Pub. L. 104-193, 110 Stat. 2251-2252.

2. Section 51.70(a) is amended as follows:

a. Substitute ``; or'' for the period after paragraph (a)(7).

b. Add paragraph (a)(8) to read as follows:

Sec. 51.70 Denial of passports.

(a) * * *

(8) The applicant has been certified by the Secretary of Health and

Human Services as notified by a State agency under 42 U.S.C. 652(k) to

be in arrears of child support in an amount exceeding $5,000.00.

Sec. 51.80 [Revised]

3. Section 51.80 is revised to read as follows:

The provisions of Secs. 51.81 through 51.89 shall not apply to any

action of the Secretary of State taken on an individual basis in

denying, restricting, revoking or invalidating a passport or in any

other way adversely affecting the ability of a person to receive or use

a passport by reason of:

(a) Noncitizenship.

(b) Refusal under the provisions of Sec. 51.70(a)(8),

(c) Refusal to grant a discretionary exception under the emergency

or humanitarian relief provisions of Sec. 51.71(c), or

(d) Refusal to grant a discretionary exception from geographical

limitations of general applicability. The provisions of this subpart

shall otherwise constitute the administrative remedies provided by the

Department to persons who are the subject of adverse action under

Sec. 51.70, Sec. 51.71 or Sec. 51.72.

Dated: November 6, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 97-30762 Filed 11-24-97; 8:45 am]

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