Nationality ProceduresReport of Birth Regulation; Passport ProceduresRevocation or Restriction of Passports Regulation

appeals from adverse passport actions. The decision of the Deputy

Assistant Secretary of State for Passport Services would be final.

DATES: Written comments must be received no later than March 8, 1999.

ADDRESSES: Written comments should be addressed to: Chief, Legal

Division, Office of Passport Policy, Planning and Advisory Services,

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

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

Passport Policy and Advisory Services, Bureau of Consular Affairs,

Department of State (202) 955-0231.

SUPPLEMENTARY INFORMATION: A passport when issued for its full validity

period and a ``Report of Birth Abroad of a Citizen of the United

States'', issued by a consular officer to document a citizen born

abroad, are documents established as proof of United States citizenship

by the provisions of section 33 of the Department of State Basic

Authorities Act of 1956, as amended (22 U.S.C. 2705). 8 U.S.C. 1504

(108 Stat. 4309, October 25, 1994) authorizes the Secretary of State to

cancel either of these documents if it appears that they were obtained

illegally, fraudulently or erroneously. The proposed rule would amend

the regulations to provide for a post-cancellation hearing when a

Consular Report of Birth, or certification thereof, is canceled. The

provisions of 22 CFR 51.75 already provide for notification in writing

of the reasons for the revocation and of the procedures for review to

any person who is the subject of a passport cancellation and revocation

on the grounds, among others, that the passport was obtained illegally,

fraudulently or erroneously. Procedures for review include a hearing

available under subsections 51.80 through 51.89 of the passport

regulations in 22 CFR part 51. Such a hearing concerns only the extent

to which the passport was illegally, fraudulently or erroneously

obtained and not the citizenship status of the person in whose name the

document was issued

passport was obtained illegally,

fraudulently or erroneously. Procedures for review include a hearing

available under subsections 51.80 through 51.89 of the passport

regulations in 22 CFR part 51. Such a hearing concerns only the extent

to which the passport was illegally, fraudulently or erroneously

obtained and not the citizenship status of the person in whose name the

document was issued.

A district court of the United States may denaturalize an

individual in a judicial proceeding on the grounds that such order and

certificate of naturalization were illegally procured or were procured

by concealment of a material fact or by willful misrepresentation. Any

person who is the subject of a passport revocation due to judicial

denaturalization, i.e., by reason of noncitizenship, is not entitled to

a hearing by the Department of State, pursuant to the provisions in 22

CFR 51.80(a).

The Board of Appellate Review of the Department of State has had

jurisdiction to consider appeals from decisions of the Office of

Passport Services that constitute adverse action affecting a passport:

denial, revocation, or limitation. This jurisdiction has been

infrequently utilized, and an adverse action can be reviewed fairly and

efficiently without the same kind of administrative hearing that the

Board conducts in loss of nationality cases. Changes in the applicable

laws, their interpretation, and practice thereunder now make it even

more unlikely that administrative appeals will be taken. Accordingly,

22 CFR Part 7 is being amended to eliminate this particular

administrative appeal jurisdiction. This amendment to 22 CFR part 51,

subpart F, reflects that change and replaces an appeal with a request

for reconsideration.

In current practice, the most common adverse passport action is

denial or revocation based upon grounds set forth in 22 CFR section

51.70(a), such as being subject to a Federal warrant of arrest or being

under court ordered restraint

administrative appeal jurisdiction. This amendment to 22 CFR part 51,

subpart F, reflects that change and replaces an appeal with a request

for reconsideration.

In current practice, the most common adverse passport action is

denial or revocation based upon grounds set forth in 22 CFR section

51.70(a), such as being subject to a Federal warrant of arrest or being

under court ordered restraint. In these cases, the Board of Appellate

Review or other appellate body within the Department of State has no

authority to affect the underlying ground for adverse passport action,

so that this rule would result in no change in existing practice.

Similarly, passport denial or revocation as set forth in 22 CFR

subsection 51.70(b)(4), the Secretary of State's determination that

activities of the affected national abroad are causing or are likely to

cause serious damage to the national security or the foreign policy of

the United States, has not been delegated by the Secretary and is not

subject to subordinate review.

Accordingly, the findings of fact and recommendations resulting

from a hearing before a hearing officer are proposed to be referred to

the Deputy Assistant Secretary for Passport Services for decision

instead of to the Assistant Secretary for Consular Affairs. The rule

would permit the adversely affected person to request reconsideration

by the Deputy Assistant Secretary, but the initial decision or the

decision based upon request for reconsideration, as the case may be, is

final.

The rule would also amend 22 CFR section 51.84 to substitute a more

general statement of legal qualifications for representatives for the

current reference to the qualification set by the Board of Appellate

Review.

Finally, the rule would make clear that nothing in revised 22 CFR

section 51.89 bars an adversely affected person from submitting a new

passport application as provided for in 22 CFR part 51, subparts B

through D

ection 51.84 to substitute a more

general statement of legal qualifications for representatives for the

current reference to the qualification set by the Board of Appellate

Review.

Finally, the rule would make clear that nothing in revised 22 CFR

section 51.89 bars an adversely affected person from submitting a new

passport application as provided for in 22 CFR part 51, subparts B

through D.

These proposed changes to the regulations are hereby certified as

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 from

review under E.O. 12988 but have been reviewed and found to be

consistent with its objectives.

List of Subjects

22 CFR Part 50

Citizenship and Naturalization

22 CFR Part 51

Administrative practice and procedure, Drug traffic control,

Passports and visas, Reporting and recordkeeping requirements.

Accordingly, 22 CFR Parts 50 and 51 are proposed to be amended as

follows:

PART 50--NATIONALITY PROCEDURES

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

follows:

Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104, 1502, 1503 and 1504.

2. Section 50.7 is amended by adding a new paragraph (d) as

follows:

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

States of America.

* * * * *

Parts 50 and 51 are proposed to be amended as

follows:

PART 50--NATIONALITY PROCEDURES

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

follows:

Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104, 1502, 1503 and 1504.

2. Section 50.7 is amended by adding a new paragraph (d) as

follows:

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

States of America.

* * * * *

(d) A consular report of birth, or a certification thereof, may be

canceled if it appears that such document was illegally, fraudulently,

or erroneously obtained, or was created through illegality or fraud.

The cancellation under this paragraph of such a document purporting to

show the citizenship status of the person to whom it was issued shall

affect only the document and not the citizenship status of the person

in whose name the document was issued. A person for or to whom such

document has been issued or made shall be given at such person's last

known address, written notice of the cancellation of such document,

together with the specific reasons for the cancellation and the

procedures for review available under the provisions in 22 CFR 51.81

through 51.89.

PART 51--PASSPORTS

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

follows:

Authority: 22 U.S.C. 211a; 22 U.S.C. 2651a, 2671(d)(3), 2714 and

3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p 570;

sec. 129, Pub. L. 102-138, 105 Stat. 661; 8 U.S.C. 1504.

2. Section 51.72 is amended by revising paragraph (b) and adding

paragraph (c) as follows:

Sec. 51.72 Revocation or restriction of passports.

* * * * *

(b) The passport has been obtained illegally, by fraud, or has been

fraudulently altered, or has been fraudulently misused, or has been

issued in error; or

R, 1966-1970 Comp., p 570;

sec. 129, Pub. L. 102-138, 105 Stat. 661; 8 U.S.C. 1504.

2. Section 51.72 is amended by revising paragraph (b) and adding

paragraph (c) as follows:

Sec. 51.72 Revocation or restriction of passports.

* * * * *

(b) The passport has been obtained illegally, by fraud, or has been

fraudulently altered, or has been fraudulently misused, or has been

issued in error; or

(c) The Department of State is notified that a certificate of

naturalization issued to the applicant for or bearer of the passport

has been canceled by a federal court.

3. Section 51.80 is revised to read as follows:

Sec. 51.80 Applicability of Secs. 51.81 through 51.89.

(a) The provisions of Secs. 51.81 through 51.89 apply to any action

of the Secretary taken on an individual basis in denying, restricting,

revoking or invalidating a passport or a Consular Report of Birth, or

in any other way adversely affecting the ability of a person to receive

or use a passport except action taken by reason of:

(1) Noncitizenship,

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

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

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

(4) Refusal to grant a discretionary exception from geographical

limitations of general applicability.

(b) 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 Secs. 51.70, 51.71 or 51.72.

5. Section 51.83 is amended by revising the phrase ``Administrator

of'' to read ``Deputy Assistant Secretary for Passport Services in''

and by removing ``Security and''.

6. Section 51.84 is amended by revising the phrase ``must possess

the qualifications prescribed for practice before the Board of

Appellate Review'' to read ``must be admitted to practice in any State

of the United States, the District of Columbia, or any territory or

possession of the United States''.

7

`Deputy Assistant Secretary for Passport Services in''

and by removing ``Security and''.

6. Section 51.84 is amended by revising the phrase ``must possess

the qualifications prescribed for practice before the Board of

Appellate Review'' to read ``must be admitted to practice in any State

of the United States, the District of Columbia, or any territory or

possession of the United States''.

7. Section 51.89 is revised to read as follows:

Sec. 51.89 Decision of Deputy Assistant Secretary for Passport

Services.

The person adversely affected shall be promptly notified in writing

of the decision of the Deputy Assistant Secretary for Passport

Services, and, if the decision is adverse to that person, the

notification shall state the reasons for the decision. The notification

shall also state that the adversely affected person may request

reconsideration within 60 days from the date of the notice of the

adverse action. If no request is made within that period, the decision

is considered final and not subject to further administrative review; a

decision on a request for reconsideration is also administratively

final. Nothing in this section, however, shall be considered to bar the

adversely affected person from submitting a new passport application as

provided for in subparts B through D of this part.

Dated: December 29, 1998.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 99-2698 Filed 2-4-99; 8:45 am]

BILLING CODE 4710-06-P