`[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Proposed Rules]
[Pages 10095-10105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3870]


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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice 5712]
RIN 1400-AC28


Passports

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: The proposed rule would reorganize, restructure, and update 
the passport regulations contained in 22 CFR part 51 in order to make 
them easier for the users to access the information, to better reflect 
current practices and changes in statutory authority, and to remove 
outdated provisions.

DATE: The Department will accept comments on this proposed regulation 
until May 7, 2007.

ADDRESSES: You may submit comments, identified by the following methods 
(no duplicates, please):
     Federal eRulemaking Portal: http://www.regulations.gov/index.cfm. Follow the instructions for submitting comments.
     Electronically: You may submit electronic comments to: 
[email protected]. Attachments must be in 
Microsoft Word.
     Mail (paper, disk, or CD-ROM submissions): Comments by 
mail should be addressed to: Director, Office of Passport Policy, 
Planning and Advisory Services, Bureau of Consular Affairs, 2100 
Pennsylvania Ave., NW., 3rd Floor, Washington, DC 20037, fax (202) 663-
2654.
    Instructions: All submissions must include the Regulatory 
Identification Number (RIN).

FOR FURTHER INFORMATION CONTACT: Consuelo Pachon, Office of Passport 
Policy, (202) 663-2662. Hearing or speech-impaired persons may use the 
Telecommunications Devices for the Deaf (TDD) by contacting the Federal 
Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The Department's Bureau of Consular Affairs 
is proposing to update and amend its passport regulations in 22 CFR 
Part 51. Most of the current passport regulations in Part 51 of 22 CFR 
were issued in 1966, although significant modifications have been made 
as needed. For example, in recent years the passport regulations have 
been amended to improve our ability to combat international parental 
child abduction by requiring that both parents consent to passport 
issuance to minors under age 14 (with specified exceptions) and to 
enhance the security of the passport by introducing the electronic 
passport and eliminating passport amendments. Still, many of the 
current provisions in Part 51 have not been revised in many years, and 
the Department believes it useful for them to be modernized and 
restructured in their entirety.
    Accordingly, this proposed rule reorganizes and updates existing 
passport regulations in order to make them easier for users to access 
the information, to better reflect current practice and changes in 
statutory authority, and to remove outdated provisions. In general, the 
proposed revisions do not mark a departure from current policy. Rather 
the Department's intent is to bring greater clarity to

[[Page 10096]]

current passport policy and practice and to present it in a less 
cumbersome way. The more notable changes are discussed below.
    Passport Agents and Passport Acceptance Agents. Proposed Sec. Sec.  
51.1(e), 51.1(f), and 51.22 include new provisions regarding passport 
agents and passport acceptance agents. They are intended to codify the 
definition of passport agents and passport acceptance agents and to 
clarify their qualifications and responsibilities, including the 
requirement that they be U.S. citizens.
    Change of Names on Passports. The revised Sec.  51.25 (currently 
Sec.  51.24) is intended to clarify what is required of an applicant 
whose name has changed and to reflect more accurately Department 
practice in this regard.
    Minors. The proposed rule in new Sec.  51.28 makes a number of 
changes to the current provisions in Sec.  51.27 on Minors. The 
Department revised its passport regulations in 2001 to implement the 
provisions of 22 U.S.C. 213n, requiring that both parents consent to 
the issuance of a passport to minor children under age 14. The 
Department further amended the regulations in 2004 to require that 
children under age 14 appear personally when applying for a passport. 
The proposed rule in Sec.  51.28(a) would extend the two-parent consent 
and personal appearance requirements to minors under the age of 16. 
Raising the age requirement for parental consent to passport issuance 
to minors under 16 is intended to address the troubling issue of 
runaway children as well as abduction. The change is also consistent 
with the age requirements in the Hague Convention on the Civil Aspects 
of International Child Abduction and current passport regulations 
permitting issuance of a ten-year passport to minors age 16 and above.
    A proposed new Sec.  51.28(a)(5)(ii) would amend the ``special 
family circumstances'' exceptions to the two-parent consent requirement 
to include situations in which return of a minor to the jurisdiction of 
his or her home state or habitual residence is necessary to permit a 
court of competent jurisdiction to determine custody matters. This 
change is intended to address the issue of children habitually resident 
in the United States who are, in effect, wrongfully stranded abroad 
when an abducting parent or his/her family holds current passports and/
or refuses permission for issuance of replacements. The revision would 
also amend ``special family circumstances'' to include compelling 
humanitarian circumstances involving the health, safety or welfare of 
the minor and ease slightly the standard for ``special family 
circumstances,'' from the current very stringent ``impossible'' to 
``exceptionally difficult.''
    To further deal with the issue of runaway minors, proposed Sec.  
51.28(b) seeks to reaffirm in clearer language the authority of a 
passport authorizing officer to require a parent, guardian, or person 
in loco parentis to consent to the issuance of a passport for minors 
age 16 and above. The proposed new Sec.  51.28(c)(4) clarifies the 
question of access by parents or guardians to passport records of 
minors.
    Denial, Revocation and Restriction of Passports: Proposed new Sec.  
51.60(b)(9) revises provisions on denial, revocation, and restriction 
of passports (currently Sec.  51.70) to permit the Department to deny a 
passport to applicants who are the subject of outstanding state or 
local warrants of arrest for a felony. Similarly, new Sec.  51.60(d) 
would permit the Department to deny passport issuance when the 
Department has been informed by an appropriate foreign government 
authority or international organization that the applicant is the 
subject of a warrant of arrest for a felony. Providing the Department 
with such authority will enhance U.S. border security and law 
enforcement cooperation. Proposed new Sec.  51.60(c) clarifies the 
Department's authority to deny passport issuance to applicants who have 
not repaid repatriation and other emergency loans extended to them and/
or members of their immediate family in a foreign country. This 
provision is intended to improve the Department's ability to collect 
unpaid debts to the U.S. Government and to address the problem of 
dependents of U.S. citizens who are abandoned abroad. Proposed new 
Sec.  51.60(e) would permit the Department to refuse to issue a 
passport to a wrongfully removed or retained minor, except a passport 
limited for direct return to the United States, when return of the 
minor to the jurisdiction of his or her home state or habitual 
residence is necessary to permit a court of competent jurisdiction to 
determine custody matters. This provision would enhance the 
Department's efforts to protect children against international child 
abduction and to meet its treaty obligations in that regard.
    Because the Department is proposing to reorganize and renumber Part 
51 in its entirety, including sections which have already been 
commented upon, we are inviting comments only on those changes which 
are new and for which an opportunity to comment has not been previously 
offered. For example, an opportunity to comment has been previously 
provided on provisions pertaining to the two-parent consent 
requirement, the requirement that minors appear personally to apply for 
a passport, the introduction of the electronic passport, the 
elimination of amendments to passports, and the security surcharge. 
Comments on these settled issues are not being solicited, except for 
the extension of the parental consent and personal appearance 
requirements to minors under age 16 from the current age 14.
    On 10-17-2006, the Department published for comment a separate 
rulemaking to amend Part 51 to introduce the passport card in order to 
implement the Western Hemisphere Travel Initiative. The Department will 
fully consider the comments to the passport card proposal in the 
context of that separate rulemaking. The final rule pertaining to the 
passport card will be incorporated into this overall updating of Part 
51.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule, with 60 
days for public comments and review.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    These proposed changes to the regulations are hereby certified as 
not expected to have a significant impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act, 5 
U.S.C. 301-612, and Executive Order 13272, section 3(b).

The Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed rule is not a major rule, as defined by 5 U.S.C. 804, 
for purposes of congressional review of agency rulemaking under the 
Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 
104-121. This rule would not result in an annual effect on the economy 
of $100 million or more; a major increase in costs or prices; or 
adverse effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based companies to compete 
with foreign based companies in domestic and export markets.

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532 generally requires 
agencies to prepare a statement before proposing any rule that may 
result in an annual expenditure of $120 million or more by

[[Page 10097]]

State, local, or tribal governments, or by the private sector. This 
rule would not result in any such expenditure nor would it 
significantly or uniquely affect small governments.

Executive Orders 12372 and 13132: Federalism

    This regulation would not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Nor would the rule have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.

Executive Order 12866: Regulatory Review

    The Department of State has reviewed this proposed rule to ensure 
its consistency with the regulatory philosophy and principles set forth 
in Executive Order 12866 and has determined that the benefits of the 
proposed regulation justify its costs. The Department does not consider 
the proposed rule to be an economically significant regulatory action 
within the scope of section 3(f)(1) of the Executive Order since it is 
not likely to have an annual effect on the economy of $100 million or 
more or to adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et 
seq., Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulation. The Department of State has determined that this proposal 
does not contain new collection of information requirements for the 
purposes of the PRA.

List of Subjects in 22 CFR Part 51

    Passports.

    Accordingly, for the reasons set forth in the preamble, 22 CFR Part 
51 is proposed to be revised to read as follows:

PART 51--PASSPORTS

Sec.
51.1 Definitions.
Subpart A--General
51.2 Passport issued to nationals only.
51.3 Types of passports.
51.4 Validity of passports.
51.5 Adjudication and issuance of passports.
51.6 Verification of passports and release of information from 
passport records.
51.7 Passport property of the U.S. Government.
51.8 Submission of currently valid passport.
51.9 Amendment of passports.
51.10 Replacement passports.
Subpart B--Application
51.20 General.
51.21 Execution of passport application.
51.22 Passport agents and passport acceptance agents.
51.23 Identity of applicant.
51.24 Affidavit of identifying witness.
51.25 Name of applicant to be used in passport.
51.26 Photographs.
51.27 Incompetents.
51.28 Minors.
Subpart C--Evidence of U.S. Citizenship or Nationality
51.40 Burden of proof.
51.41 Documentary evidence.
51.42 Persons born in the United States applying for a passport for 
the first time.
51.43 Persons born outside the United States applying for a passport 
for the first time.
51.44 Proof of Resumption or Retention of U.S. citizenship.
51.45 Department discretion to require evidence of U.S. citizenship 
or non-citizen nationality.
51.46 Return or retention of evidence of U.S. citizenship or non-
citizen nationality.
Subpart D--Fees
51.50 Form of payment.
51.51 Passport fees.
51.52 Exemption for payment of passport fees.
51.53 Refunds.
51.54 Replacement passports without payment of applicable fees.
51.55 Execution fee not refundable.
51.56 Expedited passport processing.
Subpart E--Denial, Revocation and Restriction of Passports
51.60 Denial and restriction of passports.
51.61 Denial of passports to certain convicted drug traffickers.
51.62 Revocation or limitation of passports.
51.63 Passports invalid for travel into or through restricted areas; 
prohibition on passports valid only for travel to Israel.
51.64 Special validation of passports for travel to restricted 
areas.
51.65 Notification of denial or revocation of passport.
51.66 Surrender of passport.
Subpart F--Procedures for Review of Certain Denials and Revocations
51.70 Request for hearing to review certain denials and revocations.
51.71 The hearing.
51.72 Transcript and record of the hearing.
51.73 Privacy of hearing.
51.74 Final decision.

    Authority: 8 U.S.C. 1504; 22 U.S.C. 211a, 212, 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, 2721; 26 U.S.C. 6039E; 31 U.S.C. 7701, 7901; 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; 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.


Sec.  51.1  Definitions.

    The following definitions are applicable to this part:
    (a) Department means the United States Department of State.
    (b) Electronic passport means a passport containing an 
electronically readable device, an electronic chip encoded with the 
bearer's personal information printed on the data page, a digitized 
version of the bearer's photograph, a unique chip number, and a digital 
signature to protect the integrity of the stored information.
    (c) Minor means an unmarried, unemancipated person under 18 years 
of age.
    (d) Passport means a travel document regardless of format issued 
under the authority of the Secretary of State attesting to the identity 
and nationality of the bearer.
    (e) Passport acceptance agent means a U.S. citizen designated by 
the Department to accept passport applications and to administer oaths 
and affirmations in connection with such applications.
    (f) Passport agent means a U.S. citizen employee of the Department 
of State, including consular officers, diplomatic officers and consular 
agents abroad and such U.S. citizen Department of State employees as 
the Assistant Secretary for Consular Affairs may designate for the 
purpose of administering oaths and affirmations for passport 
applications.
    (g) Passport application means the application form for a United 
States passport, as prescribed by the Department pursuant to 22 U.S.C. 
213 and all documents, photographs, and statements submitted with the 
form or thereafter in support of the application.
    (h) Passport authorizing officer means a U.S. citizen employee who 
is authorized by the Department to approve the issuance of passports,
    (i) Secretary means the Secretary of State.

[[Page 10098]]

    (j) United States when used in a geographical sense, means the 
continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the 
Virgin Islands of the United States.
    (k) U.S. citizen means a person who acquired U.S. citizenship at 
birth or upon naturalization as provided by law and who has not 
subsequently lost such citizenship.
    (l) U.S. national means a U.S. citizen or a U.S. non-citizen 
national.
    (m) U.S. non-citizen national means a person on whom U.S. 
nationality, but not U.S. citizenship, has been conferred at birth 
under 8 U.S.C. 1408, or under other law or treaty, and who has not 
subsequently lost such non-citizen nationality.

Subpart A--General


Sec.  51.2  Passport issued to nationals only.

    (a) A passport may be issued only to a U.S. national.
    (b) Unless authorized by the Department, no person may bear more 
than one valid passport of the same type.


Sec.  51.3  Types of passports.

    (a) Regular passport. A regular passport is issued to a national of 
the United States.
    (b) Official passport. An official passport is issued to an 
official or employee of the U.S. Government traveling abroad to carry 
out official duties. When authorized by the Department, spouses and 
family members of such persons may be issued official passports. When 
authorized by the Department, an official passport may be issued to a 
U.S. government contractor traveling abroad to carry out official 
duties on behalf of the U.S. government.
    (c) Diplomatic passport. A diplomatic passport is issued to a 
Foreign Service officer or to a person having diplomatic status or 
comparable status because he or she is traveling abroad to carry out 
diplomatic duties on behalf of the U.S. Government. When authorized by 
the Department, spouses and family members of such persons may be 
issued diplomatic passports. When authorized by the Department, a 
diplomatic passport may be issued to a U.S. Government contractor if 
the contractor meets the eligibility requirements for a diplomatic 
passport and the diplomatic passport is necessary to complete his or 
her mission.


Sec.  51.4  Validity of passports.

    (a) Signature of bearer. A passport is valid only when signed by 
the bearer in the space designated for signature, or, if the bearer is 
unable to sign, signed by a person with legal authority to sign on his 
or her behalf.
    (b) Period of validity of a regular passport.
    (1) A regular passport issued to an applicant 16 years of age or 
older is valid for 10 years from date of issue unless the Department 
limits the validity period to a shorter period.
    (2) A regular passport issued to an applicant under 16 years of age 
is valid for five years from date of issue unless the Department limits 
the validity period to a shorter period.
    (3) A regular passport for which payment of the fee has been 
excused is valid for a period of 5 years from the date issued unless 
limited by the Department to a shorter period.
    (c) Period of validity of an official passport. The period of 
validity of an official passport, unless limited by the Department to a 
shorter period, is five years from the date of issue, or so long as the 
bearer maintains his or her official status, whichever is shorter. An 
official passport which has not expired must be returned to the 
Department upon the termination of the bearer's official status or at 
such other time as the Department may determine.
    (d) Period of validity of a diplomatic passport. The period of 
validity of a diplomatic passport, unless limited by the Department to 
a shorter period, is five years from the date of issue, or so long as 
the bearer maintains his or her diplomatic status, whichever is 
shorter. A diplomatic passport which has not expired must be returned 
to the Department upon the termination of the bearer's diplomatic 
status or at such other time as the Department may determine.
    (e) Limitation of validity. The validity period of any passport may 
be limited by the Department to less than the normal validity period. 
The bearer of a limited passport may apply for a new passport, using 
the proper application and submitting the limited passport, applicable 
fees, photographs, and additional documentation, if required, to 
support the issuance of a new passport.
    (f) Invalidity. A United States passport is invalid as soon as:
    (1) The Department has sent or personally delivered a written 
notice to the bearer stating that the passport has been revoked; or
    (2) The passport has been reported as lost or stolen to the 
Department, a U.S. passport agency or a diplomatic or consular post 
abroad and the Department has recorded the reported loss or theft; or
    (3) The Department has sent a written notice to the bearer that the 
passport has been invalidated because the Department has not received 
the applicable fees; or
    (4) The Department determines that the passport is no longer valid 
because it has been materially changed in physical appearance or 
composition, or contains a damaged, defective or otherwise 
nonfunctioning chip, or includes unauthorized changes, obliterations, 
entries or photographs, or has observable wear or tear that renders it 
unfit for use as a travel document and either takes possession of the 
passport or sends a written notice to the bearer.


Sec.  51.5  Adjudication and issuance of passports.

    (a) A passport authorizing officer may adjudicate applications or 
authorize the issuance of passports.
    (b) A passport authorizing officer will examine the passport 
application and all documents, photographs and statements submitted in 
support of the application in accordance with guidance issued by the 
Department.


Sec.  51.6  Verification of passports and release of information from 
passport records.

    (a) Verification. When required by a foreign government, a consular 
officer abroad may verify a U.S. passport.
    (b) Release of information. Information in passport records is 
subject to the provisions of the Freedom of Information Act (FOIA) and 
the Privacy Act. Release of this information may be requested in 
accordance with Part 171 or Part 172 of this title.


Sec.  51.7  Passport property of the U.S. Government.

    (a) A passport at all times remains the property of the United 
States and must be returned to the U.S. Government upon demand.
    (b) Law enforcement authorities who take possession of a passport 
for use in an investigation or prosecution must return the passport to 
the Department on completion of the investigation and/or prosecution.


Sec.  51.8  Submission of currently valid passport.

    (a) When applying for a new passport, an applicant must submit for 
cancellation any currently valid passport of the same type.
    (b) If an applicant is unable to produce such a passport for 
cancellation, he or she must submit a signed statement in the form 
prescribed by the Department setting forth the circumstances regarding 
the disposition of the passport.

[[Page 10099]]

Sec.  51.9  Amendment of passports.

    Except for the convenience of the U.S. Government, no passport may 
be amended.


Sec.  51.10  Replacement passports.

    A passport issuing office may issue a replacement passport without 
payment of applicable fees for the reasons specified in Sec.  51.54.

Subpart B--Application


Sec.  51.20  General.

    (a) An application for a passport, a replacement passport, extra 
visa pages, or other passport related service must be completed using 
the forms the Department prescribes.
    (b) The passport applicant must truthfully answer all questions and 
must state every material matter of fact pertaining to his or her 
eligibility for a passport. All information and evidence submitted in 
connection with an application is considered part of the application. A 
person providing false information as part of a passport application, 
whether contemporaneously with the form or at any other time, is 
subject to prosecution under applicable Federal criminal statutes.


Sec.  51.21  Execution of passport application.

    (a) Application by personal appearance. Except as provided in Sec.  
51.28, to assist in establishing identity, a minor, a person who has 
never been issued a passport in his or her own name, a person who has 
not been issued a passport for the full validity period of 10 years in 
his or her own name within 15 years of the date of a new application, 
or a person who is otherwise not eligible to apply for a passport by 
mail under paragraphs (b) and (c) of this section, must apply for a 
passport by appearing in person before a passport agent or passport 
acceptance agent (see Sec.  51.22). The applicant must verify the 
application by oath or affirmation before the passport acceptance 
agent, sign the completed application, provide photographs as 
prescribed by the Department, provide any other information or 
documents requested and pay the applicable fees prescribed in the 
Schedule of Fees for Consular Services (see 22 CFR 22.1).
    (b) Application by mail--persons in the United States. A person in 
the United States who previously has been issued a passport valid for 
10 years in his or her own name may apply for a new passport by filling 
out, signing and mailing an application on the form prescribed by the 
Department if:
    (1) The most recently issued previous passport was issued when the 
applicant was 16 years of age or older;
    (2) The application is made not more than 15 years following the 
issue date of the previous passport; and
    (3) The most recently issued previous passport is submitted with 
the new application.
    The applicant must also provide photographs as prescribed by the 
Department and pay the applicable fees prescribed in the Schedule of 
Fees for Consular Services (22 CFR 22.1).
    (c) Application by mail--persons abroad. A person in a foreign 
country where the Department has authorized a post to receive passport 
applications by mail who previously has been issued a passport valid 
for 10 years in his or her own name may apply for a new passport in 
that country by filling out, signing and mailing an application on the 
form prescribed by the Department if:
    (1) The most recently issued previous passport was issued when the 
applicant was 16 years of age or older;
    (2) The application is made not more than 15 years following the 
issue date of the previous passport; and
    (3) The most recently issued previous passport is submitted with 
the new application.
    The applicant must also provide photographs as prescribed by the 
Department and pay the applicable fees prescribed in the Schedule of 
Fees for Consular Services (22 CFR 22.1).
    (d) Nothing in this Part shall prohibit or limit the Department 
from authorizing an overseas post to accept a passport application or 
applications by mail from persons outside the country or outside the 
person's country of residence in circumstances which prevent provision 
of these services to the person where they are located or in other 
unusual circumstances as determined by the Department.


Sec.  51.22  Passport agents and passport acceptance agents.

    (a) U.S. citizen Employees of the Department authorized to serve as 
passport agents. The following employees of the Department are 
authorized by virtue of their positions to serve as passport agents 
unless the Department in an individual case withdraws authorization:
    (1) A passport authorizing officer;
    (2) A consular officer, or a U.S. citizen consular agent abroad;
    (3) A diplomatic officer specifically authorized by the Department 
to accept passport applications; and
    (4) Such U.S. citizen Department of State employees as the 
Assistant Secretary for Consular Affairs may designate for the purpose 
of administering oaths and affirmations for passport applications.
    (b) Persons designated by the Department to serve as passport 
acceptance agents. When designated by the Department, the following 
persons are authorized to serve as passport acceptance agents unless 
the Department in an individual case withdraws authorization.
    (1) An employee of the clerk of any Federal court;
    (2) An employee of the clerk of any state court of record;
    (3) A postal employee at a United States post office that has been 
selected to accept passport applications;
    (4) An employee of the Department of Defense at a military 
installation that has been authorized to accept passport applications;
    (5) An employee of a federal agency that has been selected to 
accept passport applications; and
    (6) Any other person specifically designated by the Department.
    (c) Qualifications of persons designated by the Department to serve 
as passport acceptance agents. Before the Department will designate a 
person described in Sec.  51.22(b) as a passport acceptance agent, his 
or her employer must certify that the person:
    (1) Is a U.S. citizen or a U.S. national;
    (2) Is 18 years of age or older;
    (3) Is a permanent employee, excluding ad hoc, contractual, and 
volunteer employees; and
    (4) Does not have a record of either:
    (i) A federal or state felony conviction; or
    (ii) A misdemeanor conviction for crimes involving moral turpitude 
or breach of trust, including but not limited to embezzlement, identity 
theft, misappropriation, document fraud, drug offenses, or dishonesty 
in carrying out a responsibility involving public trust.
    (d) Training. A passport acceptance agent described in Sec.  
51.22(b) must be trained to apply procedures and practices as detailed 
in guidance provided by the Department. Training must be successfully 
completed before accepting passport applications.
    (e) Responsibilities. The responsibilities of a passport acceptance 
agent described in Sec.  51.22(b) include but are not limited to the 
following:
    (1) Certifying the identity of each applicant. Passport acceptance 
agents must certify that they have personally witnessed the applicant 
signing his or her application, and that the applicant has:
    (i) Personally appeared;
    (ii) Presented proper identification, as documented on the 
application;

[[Page 10100]]

    (iii) Submitted photographs that are a true likeness; and
    (iv) Taken the oath administered by the acceptance agent.
    (2) Safeguarding passport application information under the Privacy 
Act of 1974. Passport acceptance agents described in Sec.  51.22(b) 
must not retain copies of executed applications, nor release passport 
application information to anyone other than the applicant and the 
Department.
    (3) Avoiding conflict of interest. Passport acceptance agents 
described in Sec.  51.22(b) must not participate in any relationship 
that could be perceived as a conflict of interest, including but not 
limited to providing commercial services related to the passport 
process.
    (f) Documentation. Passport acceptance facilities within the United 
States must maintain a current listing of all passport acceptance 
agents designated under Sec.  51.22(b). This list must be updated at 
least annually and a copy provided to the officer specified by the 
Department at the appropriate passport issuing office.
    (1) The current listing of all designated passport acceptance 
agents must include the passport acceptance agents':
    (i) Names; and
    (ii) Signatures.
    (2) Any addition to or deletion from the current listing of 
designated passport acceptance agents is subject to prior approval by 
the Department.


Sec.  51.23  Identity of applicant.

    (a) The applicant has the burden of establishing his or her 
identity.
    (b) The applicant must establish his or her identity by the 
submission of a previous passport, other state, local or federal 
government officially issued identification with photograph, or other 
identifying evidence which may include an affidavit of an identifying 
witness.
    (c) The Department may require such additional evidence of identity 
as it deems necessary.


Sec.  51.24  Affidavit of identifying witness.

    (a) An identifying witness must execute an affidavit in the form 
prescribed by the Department before the person who accepts the passport 
application.
    (b) A person who has received or expects to receive a fee for his 
or her services in connection with executing the application or 
obtaining the passport may not serve as an identifying witness.


Sec.  51.25  Name of applicant to be used in passport.

    (a) The passport shall be issued in the full name of the applicant, 
generally the name recorded in the evidence of nationality and 
identity.
    (b) The applicant must explain any material discrepancies between 
the name on the application and the name recorded in the evidence of 
nationality and identity. The name provided by the applicant on the 
application may be used if the applicant submits the documentary 
evidence prescribed by the Department.
    (c) A name change will be recognized for purposes of issuing a 
passport if the name change occurs in one of the following ways.
    (1) Court order or decree. An applicant whose name has been changed 
by court order or decree must submit with his or her application a 
certified copy of the order or decree. Acceptable types of court orders 
and decrees include but are not limited to:
    (i) A name change order;
    (ii) A divorce decree specifically declaring the return to a former 
name;
    (2) Certificate of naturalization issued in a new name.
    (3) Marriage. An applicant who has adopted a new name following 
marriage must present a copy of the marriage certificate.
    (4) Customary usage. An applicant who has adopted a new name 
without formal court proceedings or a marriage must submit evidence of 
public and exclusive use of the adopted name for a long period of time, 
in general five years, as prescribed by guidance issued by the 
Department. The evidence must include three or more public documents, 
including one government-issued identification with photograph and 
other acceptable public documents prescribed by the Department.


Sec.  51.26  Photographs.

    The applicant must submit with his or her application photographs 
as prescribed by the Department.


Sec.  51.27  Incompetents.

    A legal guardian or other person with the legal capacity to act on 
behalf of a person declared incompetent may execute a passport 
application on the incompetent person's behalf.


Sec.  51.28  Minors.

    (a) Minors under age 16.
    (1) Personal appearance. Minors under 16 years of age applying for 
a passport must appear in person, unless the personal appearance of the 
minor is specifically excused by a senior passport authorizing officer, 
pursuant to guidance issued by the Department. In cases where personal 
appearance is excused, the person(s) executing the passport application 
on behalf of the minor shall appear in person and verify the 
application by oath or affirmation before a person authorized by the 
Secretary to administer oaths or affirmations, unless these 
requirements are also excused by a senior passport authorizing officer 
pursuant to guidance issued by the Department.
    (2) Execution of passport application by both parents or by each 
legal guardian. Except as specifically provided in this section, both 
parents or each of the minor's legal guardians, if any, whether 
applying for a passport for the first time or for a renewal, must 
execute the application on behalf of a minor under age 16 and provide 
documentary evidence of parentage or legal guardianship showing the 
minor's name, date and place of birth, and the names of the parent or 
parents.
    (3) Execution of passport application by one parent or legal 
guardian. A passport application may be executed on behalf of a minor 
under age 16 by only one parent or legal guardian if such person 
provides:
    (i) A notarized written statement or affidavit from the non-
applying parent or legal guardian, if applicable, consenting to the 
issuance of the passport, or
    (ii) Documentary evidence that such person is the sole parent or 
has sole custody of the minor. Such evidence includes, but is not 
limited to, the following:
    (A) A birth certificate providing the minor's name, date and place 
of birth and the name of only the applying parent;
    (B) A Consular Report of Birth Abroad of a Citizen of the United 
States of America or a Certification of Report of Birth of a United 
States Citizen providing the minor's name, date and place of birth and 
the name of only the applying parent;
    (C) A copy of the death certificate for the non-applying parent or 
legal guardian;
    (D) An adoption decree showing the name of only the applying 
parent;
    (E) An order of a court of competent jurisdiction granting sole 
legal custody to the applying parent or legal guardian containing no 
travel restrictions inconsistent with issuance of the passport; or, 
specifically authorizing the applying parent or legal guardian to 
obtain a passport for the minor, regardless of custodial arrangements; 
or specifically authorizing the travel of the minor with the applying 
parent or legal guardian;
    (F) An order of a court of competent jurisdiction terminating the 
parental rights of the non-applying parent or

[[Page 10101]]

declaring the non-applying parent or legal guardian to be incompetent.
    (G) An order of a court of competent jurisdiction providing for 
joint legal custody or requiring the permission of both parents or the 
court for important decisions will be interpreted as requiring the 
permission of both parents or the court, as appropriate. 
Notwithstanding the existence of any such court order, a passport may 
be issued when compelling humanitarian or emergency reasons relating to 
the welfare of the minor exist.
    (4) Execution of passport application by a person acting in loco 
parentis.
    (i) A person may apply in loco parentis on behalf of a minor under 
age 16 by submitting a notarized written statement or a notarized 
affidavit from both parents or each legal guardian, if any, 
specifically authorizing the application.
    (ii) If only one parent or legal guardian provides the notarized 
written statement or notarized affidavit, the applicant must provide 
documentary evidence that an application may be made by one parent or 
legal guardian, consistent with Sec.  51.28(a)(3).
    (5) Exigent or special family circumstances. A passport may be 
issued when only one parent, legal guardian or person acting in loco 
parentis executes the application, in cases of exigent or special 
family circumstances.
    (i) ``Exigent circumstances'' are defined as time-sensitive 
circumstances in which the inability of the minor to obtain a passport 
would jeopardize the health and safety or welfare of the minor or would 
result in the minor being separated from the rest of his or her 
traveling party. ``Time sensitive'' generally means that there is not 
enough time before the minor's emergency travel to obtain either the 
required consent of both parents/legal guardians or documentation 
reflecting a sole parent's/legal guardian's custody rights.
    (ii) ``Special family circumstances'' are defined as circumstances 
in which the minor's family situation makes it exceptionally difficult 
for one or both of the parents to execute the passport application; 
and/or compelling humanitarian circumstances where the minor's lack of 
a passport would jeopardize the health, safety, or welfare of the 
minor; or, pursuant to guidance issued by the Department, circumstances 
in which return of a minor to the jurisdiction of his or her home state 
or habitual residence is necessary to permit a court of competent 
jurisdiction to adjudicate or enforce a custody determination. A 
passport issued due to such special family circumstances may be limited 
for direct return to the United States in accordance with Sec.  
51.60(e).
    (iii) A parent, legal guardian, or person acting in loco parentis 
who is applying for a passport for a minor under age 16 under this 
paragraph must submit a written statement with the application 
describing the exigent or special family circumstances he or she 
believes should be taken into consideration in applying an exception.
    (iv) Determinations under Sec.  51.28(a)(5) must be made by a 
senior passport authorizing officer pursuant to guidance issued by the 
Department.
    (6) Nothing contained in this section shall prohibit any Department 
official adjudicating a passport application filed on behalf of a minor 
from requiring an applicant to submit other documentary evidence deemed 
necessary to establish the applying adult's entitlement to obtain a 
passport on behalf of a minor under the age of 16 in accordance with 
the provisions of this regulation.
    (b) Minors 16 years of age and above.
    (1) A minor 16 years of age and above applying for a passport must 
appear in person and may execute the application for a passport on his 
or her own behalf unless the personal appearance of the minor is 
specifically excused by a senior passport authorizing officer pursuant 
to guidance issued by the Department, or unless, in the judgment of the 
person before whom the application is executed, it is not advisable for 
the minor to execute his or her own application. In such case, it must 
be executed by a parent or legal guardian of the minor, or by a person 
in loco parentis, unless the personal appearance of the parent, legal 
guardian or person in loco parentis is excused by the senior passport 
authorizing officer pursuant to guidance issued by the Department.
    (2) The passport issuing officer may at any time require a minor 16 
years of age and above to submit the notarized consent of a parent, a 
legal guardian, or a person in loco parentis to the issuance of the 
passport.
    (c) Rules applicable to all minors.
    (1) Objections. At any time prior to the issuance of a passport to 
a minor, the application may be disapproved and a passport may be 
denied upon receipt of a written objection from a parent or legal 
guardian of the minor, or from another party claiming authority to 
object, so long as the objecting party provides sufficient 
documentation of his or her custodial rights or other authority to 
object.
    (2) An order from a court of competent jurisdiction providing for 
joint legal custody or requiring the permission of both parents or the 
court for important decisions will be interpreted as requiring the 
permission of both parents.
    (3) The Department will consider a court of competent jurisdiction 
to be a U.S. state or federal court or a foreign court located in the 
minor's home state or place of habitual residence.
    (4) The Department may require that conflicts regarding custody 
orders, whether domestic or foreign, be settled by the appropriate 
court before a passport may be issued.
    (5) Access by parents and legal guardians to passport records for 
minors. Either parent or any legal guardian of a minor may upon written 
request obtain information regarding the application for and issuance 
of a passport to a minor, unless the requesting parent's parental 
rights have been terminated by an order of a court of competent 
jurisdiction, a copy of which has been provided to the Department. The 
Department may deny such information to a parent or legal guardian if 
it determines that the minor objects to disclosure and the minor is 16 
years of age or older.

Subpart C--Evidence of U.S. Citizenship or Nationality


Sec.  51.40  Burden of proof.

    The applicant has the burden of proving that he or she is a U.S. 
citizen or non-citizen national.


Sec.  51.41  Documentary evidence.

    The applicant must provide documentary evidence that he or she is a 
U.S. citizen or non-citizen national.


Sec.  51.42  Persons born in the United States applying for a passport 
for the first time.

    (a) Primary evidence of birth in the United States. A person born 
in the United States generally must submit a birth certificate. The 
birth certificate must show the full name of the applicant, the 
applicant's place and date of birth, the full name of the parent(s), 
and must be signed by the official custodian of birth records, bear the 
seal of the issuing office, and show a filing date within one year of 
the date of birth.
    (b) Secondary evidence of birth in the United States. If the 
applicant cannot submit a birth certificate that meets the requirement 
of paragraph (a) of this section, he or she must submit secondary 
evidence sufficient to establish to the satisfaction of the Department 
that he or she was born in the United States. Secondary evidence 
includes but is not limited to hospital birth certificates, baptismal 
certificates, medical and school records, certificates of circumcision, 
other documentary

[[Page 10102]]

evidence created shortly after birth but not more than 5 years after 
birth, and/or affidavits of persons having personal knowledge of the 
facts of the birth.


Sec.  51.43  Persons born outside the United States applying for a 
passport for the first time.

    (a) Generally. A person born outside the United States must submit 
documentary evidence that he or she meets all the statutory 
requirements for acquisition of U.S. citizenship or non-citizen 
nationality under the provision of law or treaty under which the person 
is claiming U.S. citizenship or non-citizen nationality.
    (b) Documentary Evidence. (1) Types of documentary evidence of 
citizenship for a person born outside the United States include:
    (i) A certificate of naturalization.
    (ii) A certificate of citizenship.
    (iii) A Consular Report of Birth Abroad.
    (2) An applicant without one of these documents must produce 
supporting documents as required by the Department, showing acquisition 
of U.S. citizenship under the relevant provisions of law.


Sec.  51.44  Proof of resumption or retention of U.S. citizenship.

    An applicant who claims to have resumed or retained U.S. 
citizenship must submit with the application a certificate of 
naturalization or evidence that he or she took the steps necessary to 
resume or retain U.S. citizenship in accordance with the applicable 
provision of law.


Sec.  51.45  Department discretion to require evidence of U.S. 
citizenship or non-citizen nationality.

    The Department may require an applicant to provide any evidence 
that it deems necessary to establish that he or she is a U.S. citizen 
or non-citizen national, including evidence in addition to the evidence 
specified in 22 CFR 51.42 through 51.44.


Sec.  51.46  Return or retention of evidence of U.S. citizenship or 
non-citizen nationality.

    The Department will generally return to the applicant evidence 
submitted in connection with an application for a passport. The 
Department may, however, retain evidence when it deems it necessary.

Subpart D--Fees


Sec.  51.50  Form of payment.

    Passport fees must be paid in U.S. currency or in other forms of 
payments permitted by the Department.


Sec.  51.51  Passport fees.

    The Department collects the following passport fees in the amounts 
prescribed in the Schedule of Fees for Consular Services (22 CFR 22.1):
    (a) An application fee, which must be paid at the time of 
application, except as provided in Sec.  51.52(a), and is not 
refundable, except as provided in Sec.  51.53.
    (b) An execution fee, except as provided in Sec.  51.52(b), when 
the applicant is required to execute the application in person before a 
person authorized to administer oaths for passport purposes. The 
execution fee is collected at the time of application and is not 
refundable (see Sec.  51.55). When execution services are provided by 
an official of a state or local government or of the United States 
Postal Service (USPS), the state or local government or USPS may retain 
the fee if authorized to do so by the Department.
    (c) A fee for expedited passport processing, if applicable (see 
Sec.  51.56).
    (d) A surcharge of twelve dollars on the filing of each application 
for a passport in order to cover the costs of meeting the increased 
demand for passports as a result of actions taken to comply with 
section 7209(b) of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (8 U.S.C. 1165 note). The surcharge will be recovered by the 
Department of State from within the passport fee reflected in Schedule 
of Consular Fees. The surcharge will be imposed until October 1, 2010.
    (e) Any other fee that the Department is authorized or required by 
law to charge for passport services.
    (f) The foregoing fees are applicable regardless of the validity 
period of the passport.


Sec.  51.52  Exemption for payment of passport fees.

    The following persons are exempt from payment of passport fees 
except for the passport execution fee, unless their applications are 
executed before a federal official, in which case they are also exempt 
from payment of the passport execution fee:
    (a) An officer or employee of the United States traveling on 
official business and the members of his or her immediate family. The 
applicant must submit evidence of the official purpose of the travel 
and, if applicable, authorization for the members of his or her 
immediate family to accompany or reside with him or her abroad.
    (b) An American seaman who requires a passport in connection with 
his or her duties aboard a United States flag vessel.
    (c) A widow, widower, child, parent, brother or sister of a 
deceased member of the U.S. Armed Forces proceeding abroad to visit the 
grave of such service member or to attend a funeral or memorial service 
for such member.
    (d) Other persons whom the Department determines should be exempt 
from payment of passport fees for compelling circumstances, pursuant to 
guidance issued by the Department; or
    (e) Other categories of persons exempted by law.


Sec.  51.53  Refunds.

    (a) The Department will refund the passport application fee and the 
security surcharge to any person exempt from payment of passport fees 
under 22 CFR 51.52 from whom the fee was erroneously collected.
    (b) The Department will refund an expedited passport processing fee 
if the Department fails to provide expedited passport processing as 
defined in 22 CFR 51.56.
    (c) For procedures on refunds of $5.00 or less, see 22 CFR 22.6(b).


Sec.  51.54  Replacement passports without payment of applicable fees.

    A passport issuing office may issue a replacement passport for the 
following reasons without payment of applicable fees:
    (a) To correct an error or rectify a mistake of the Department;
    (b) When the bearer has changed his or her name or other personal 
identifier listed on the data page of the passport, and applies for a 
replacement passport within one year of the date of the passport's 
original issuance.
    (c) When the bearer of an emergency full fee passport issued for a 
limited validity period applies for a full validity passport within one 
year of the date of the passport's original issuance.
    (d) When a passport is retained by law enforcement or the judiciary 
for evidentiary purposes and the bearer is still eligible to have a 
passport.
    (e) When a passport is issued to replace a passport with a failed 
electronic chip for the balance of the original validity period.


Sec.  51.55  Execution fee not refundable.

    The fee for the execution of a passport application is not 
refundable.


Sec.  51.56  Expedited passport processing.

    (a) Within the United States, an applicant for passport service 
(including issuance, replacement or the addition of visa pages) may 
request expedited processing. The Department may decline to accept the 
request.

[[Page 10103]]

    (b) Expedited passport processing means completing processing 
within the number of business days specified by law, beginning on the 
day when the application reaches a Passport Agency or Center or, if the 
application is already with a Passport Agency or Center, beginning when 
the request for expedited processing is approved. The processing is 
considered completed on the day when the passport is ready to be picked 
up by the applicant or is mailed to the applicant.
    (c) A fee is charged for expedited passport processing (see 22 CFR 
51.51(c)). The fee does not cover any costs of mailing above the normal 
level of service regularly provided by the Department. The cost of 
expedited mailing must be paid by the applicant.
    (d) The Department will not charge the fee for expedited passport 
processing if the Department's error, mistake or delay caused the need 
for expedited processing.

Subpart E--Denial, Revocation and Restriction of Passports


Sec.  51.60  Denial and restriction of passports.

    (a) The Department may not issue a passport, except a passport for 
direct return to the United States, in any case in which the Department 
determines or is informed by competent authority that:
    (1) The applicant is in default on a loan received from the United 
States under 22 U.S.C. 2671(b)(2)(B) for the repatriation of the 
applicant and, where applicable, the applicant's spouse, minor 
child(ren), and/or other immediate family members, from a foreign 
country (see 22 U.S.C. 2671(d)); or
    (2) 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 determined by statute.
    (b) The Department may refuse to issue a passport in any case in 
which the Department determines or is informed by competent authority 
that:
    (1) The applicant is the subject of an outstanding Federal warrant 
of arrest for a felony, including a warrant issued under the Federal 
Fugitive Felon Act (18 U.S.C. 1073); or
    (2) The applicant is subject to a criminal court order, condition 
of probation, or condition of parole, any of which forbids departure 
from the United States and the violation of which could result in the 
issuance of a Federal warrant of arrest, including a warrant issued 
under the Federal Fugitive Felon Act; or
    (3) The applicant is subject to a U.S. court order committing him 
or her to a mental institution; or
    (4) The applicant has been legally declared incompetent by a court 
of competent jurisdiction in the United States; or
    (5) The applicant is the subject of a request for extradition or 
provisional request for extradition which has been presented to the 
government of a foreign country; or
    (6) The applicant is the subject of a subpoena received from the 
United States pursuant to 28 U.S.C. 1783, in a matter involving Federal 
prosecution for, or grand jury investigation of, a felony; or
    (7) The applicant is a minor and the passport may be denied under 
22 CFR 51.28; or
    (8) The applicant is subject to an order of restraint or 
apprehension issued by an appropriate officer of the United States 
Armed Forces pursuant to chapter 47 of title 10 of the United States 
Code; or
    (9) The applicant is the subject of an outstanding state or local 
warrant of arrest for a felony; or
    (10) The applicant is the subject of a request for extradition or 
provisional arrest submitted to the United States by a foreign country.
    (c) The Department may refuse to issue a passport in any case in 
which:
    (1) The applicant has not repaid a loan received from the United 
States under 22 U.S.C. 2670(j) for emergency medical attention, dietary 
supplements, and other emergency assistance, including, if applicable, 
assistance provided to his or her child(ren), spouse, and/or other 
immediate family members in a foreign country; or
    (2) The applicant has not repaid a loan received from the United 
States under 22 U.S.C. 2671(b)(2)(B) or 22 U.S.C. 2671(b)(2)(A) for the 
repatriation or evacuation of the applicant and, if applicable, the 
applicant's child(ren), spouse, and/or other immediate family members 
from a foreign country to the United States; or
    (3) The applicant has previously been denied a passport under this 
section or 22 CFR 51.61, or the Department has revoked the applicant's 
passport or issued a limited passport for direct return to the United 
States under 22 CFR 51.62, and the applicant has not shown that there 
has been a change in circumstances since the denial, revocation or 
issuance of a limited passport that warrants issuance of a passport; or
    (4) The Secretary determines that the applicant's activities abroad 
are causing or are likely to cause serious damage to the national 
security or the foreign policy of the United States.
    (d) The Department may refuse to issue a passport in a case in 
which the Department is informed by an appropriate foreign government 
authority or international organization that the applicant is the 
subject of a warrant of arrest for a felony.
    (e) The Department may refuse to issue a passport, except a 
passport for direct return to the United States, in any case in which 
the Department determines or is informed by a competent authority that 
the applicant is a minor who has been abducted, wrongfully removed or 
retained in violation of a court order or decree and return to his or 
her home state or habitual residence is necessary to permit a court of 
competent jurisdiction to determine custody matters.


Sec.  51. 61  Denial of passports to certain convicted drug 
traffickers.

    (a) A passport may not be issued in any case in which the 
Department determines or is informed by competent authority that the 
applicant is subject to imprisonment or supervised release as the 
result of a felony conviction for a Federal or state drug offense, if 
the individual used a U.S. passport or otherwise crossed an 
international border in committing the offense, including a felony 
conviction arising under:
    (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the 
Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or
    (2) Any Federal law involving controlled substances as defined in 
section 802 of the Controlled Substances Act (21 U.S.C. 801 et seq.); 
or
    (3) The Bank Secrecy Act (31 U.S.C. 5311 et seq.) or the Money 
Laundering Act (18 U.S.C. 1956 et seq.) if the Department is in receipt 
of information that supports the determination that the violation 
involved is related to illicit production of or trafficking in a 
controlled substance; or
    (4) Any state law involving the manufacture, distribution, or 
possession of a controlled substance.
    (b) A passport may be refused in any case in which the Department 
determines or is informed by competent authority that the applicant is 
subject to imprisonment or supervised release as the result of a 
misdemeanor conviction of a Federal or state drug offense if the 
individual used a U.S. passport or otherwise crossed an international 
border in committing the offense, other than a first conviction for 
possession of a controlled substance, including a misdemeanor 
conviction arising under:

[[Page 10104]]

    (1) The federal statutes described in Sec.  51.61(a); or
    (2) Any state law involving the manufacture, distribution, or 
possession of a controlled substance.
    (c) Notwithstanding paragraph (a) of this section, the Department 
may issue a passport when the competent authority confirms, or the 
Department otherwise finds, that emergency circumstances or 
humanitarian reasons exist.


Sec.  51.62  Revocation or limitation of passports.

    The Department may revoke a passport when:
    (a) The bearer of the passport would not be entitled to issuance of 
a passport under 22 CFR 51.60 or 51.61; or 51.28; or any other 
provision contained in this Part; or,
    (b) The passport has been obtained illegally, fraudulently or 
erroneously; was created through illegality or fraud practiced upon the 
Department; or has been fraudulently altered or misused; or
    (c) The Department has determined that the bearer of the passport 
is not a U.S. national, or the Department is on notice that the 
bearer's certificate of citizenship or certificate of naturalization 
has been canceled.


Sec.  51.63  Passports invalid for travel into or through restricted 
areas; prohibition on passports valid only for travel to Israel.

    (a) The Secretary may restrict the use of a passport for travel to 
or use in a country or area which the Secretary has determined is:
    (1) A country with which the United States is at war; or
    (2) A country or area where armed hostilities are in progress; or
    (3) A country or area in which there is imminent danger to the 
public health or physical safety of United States travelers.
    (b) Any determination made and restriction imposed under paragraph 
(a) of this section, or any extension or revocation of the restriction, 
shall be published in the Federal Register.
    (c) A passport may not be designated as valid only for travel to 
Israel.


Sec.  51.64  Special validation of passports for travel to restricted 
areas.

    (a) A U.S. national may apply to the Department for a special 
validation of his or passport to permit its use for travel to, or use 
in, a restricted country or area. The application must be accompanied 
by evidence that the applicant falls within one of the categories in 
paragraph (c) of this section.
    (b) The Department may grant a special validation if it determines 
that the validation is in the national interest of the United States.
    (c) A special validation may be determined to be in the national 
interest if:
    (1) The applicant is a professional reporter or journalist, the 
purpose of whose trip is to obtain, and make available to the public, 
information about the restricted area; or
    (2) The applicant is a representative of the International 
Committee of the Red Cross or the American Red Cross traveling pursuant 
to an officially-sponsored Red Cross mission; or
    (3) The applicant's trip is justified by compelling humanitarian 
considerations; or
    (4) The applicant's request is otherwise in the national interest.


Sec.  51.65  Notification of denial or revocation of passport.

    (a) The Department will notify in writing any person whose 
application for issuance of a passport has been denied, or whose 
passport has been revoked. The notification will set forth the specific 
reasons for the denial or revocation, and, if applicable, the 
procedures for review available under 22 CFR 51.70-51.76.
    (b) An application for a passport will be denied if an applicant 
fails to meet his or her burden of proof under 22 CFR 51.23(a) and 
51.40 or otherwise does not provide documentation sufficient to 
establish entitlement to passport issuance within ninety days of 
notification by the Department that additional information from the 
applicant is required. Thereafter, if an applicant wishes to pursue a 
claim to entitlement to passport issuance, he or she must submit a new 
application and supporting documents, photographs, and statements in 
support of the application, along with applicable application and 
execution fees.


Sec.  51.66  Surrender of passport.

    The bearer of a passport that is revoked must surrender it to the 
Department or its authorized representative upon demand.

Subpart F--Procedures for Review of Certain Denials and Revocations


Sec.  51.70  Request for hearing to review certain denials and 
revocations.

    (a) A person whose passport has been denied or revoked under 22 CFR 
51.60(b)(1)-(10), 51.60(c), 51.60(d), 51.61(b), or 51.62(b) may request 
a hearing to review the basis for the denial or revocation to the 
Department within 60 days of receipt of the notice of the denial or 
revocation.
    (b) If a timely request for a hearing is made, the Department will 
hold it within 60 days of the date the Department receives the request, 
unless the person requesting the hearing asks for a later date and the 
Department and the hearing officer agree.
    (c) The Department will give the person requesting the hearing not 
less than 10 business days' written notice of the date and place of the 
hearing.


Sec.  51.71  The hearing.

    (a) The Department will name a hearing officer, who will make 
findings of fact and submit recommendations based on the record of the 
hearing as defined in Sec.  51.72 to the Deputy Assistant Secretary for 
Passport Services in the Bureau of Consular Affairs.
    (b) The person requesting the hearing may appear in person, or with 
or by his designated attorney. The attorney must be admitted to 
practice in any state of the United States, the District of Columbia, 
any territory or possession of the United States, or be admitted to 
practice before the courts of the country in which the hearing is to be 
held.
    (c) The person requesting the hearing may testify, offer evidence 
in his or her own behalf, present witnesses, and make arguments at the 
hearing. The person requesting the hearing is responsible for all costs 
associated with the presentation of his or her case. The Department may 
present witnesses, offer evidence, and make arguments in its behalf. 
The Department is responsible for all costs associated with the 
presentation of its case.
    (d) Formal rules of evidence will not apply, but the hearing 
officer may impose reasonable restrictions on relevancy, materiality, 
and competency of evidence presented. Testimony will be under oath or 
by affirmation under penalty of perjury. The hearing officer may not 
consider any information that is not also made available to the person 
requesting the hearing and made a part of the record of the proceeding.
    (e) If any witness is unable to appear in person, the hearing 
officer may, in his or her discretion, accept an affidavit from or 
order a deposition of the witness, the cost for which will be the 
responsibility of the requesting party.


Sec.  51.72  Transcript and record of the hearing.

    A qualified reporter will make a complete verbatim transcript of 
the hearing. The person requesting the hearing and/or his or her 
attorney may review and purchase a copy of the transcript. The hearing 
transcript and the documents received by the hearing

[[Page 10105]]

officer will constitute the record of the hearing.


Sec.  51.73  Privacy of hearing.

    Only the person requesting the hearing, his or her attorney, the 
hearing officer, official reporters, and employees of the Department 
directly concerned with the presentation of the case for the Department 
may be present at the hearing. Witnesses may be present only while 
actually giving testimony or as otherwise directed by the hearing 
officer.


Sec.  51.74  Final decision.

    After reviewing the record of the hearing and the findings of fact 
and recommendations of the hearing officer, the Deputy Assistant 
Secretary for Passport Services will decide whether to uphold the 
denial or revocation of the passport. The Department will promptly 
notify the person requesting the hearing in writing of the decision. If 
the decision is to uphold the denial or revocation, the notice will 
contain the reason(s) for the decision. The decision is final and is 
not subject to further administrative review.

    Dated: February 26, 2007.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E7-3870 Filed 3-6-07; 8:45 am]
BILLING CODE 4710-06-P`