Proposed Rule2023-15744
Third-Party Attendance at Appointments for Passport, Consular Report of Birth Abroad (CRBA), and Certain Other Services
Primary source
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Published
July 26, 2023
Issuing agencies
State Department
Abstract
The Department proposes a rule to provide that private attorneys, interpreters, and other third parties may attend certain appointments at passport agencies and centers and at U.S. embassies and consulates abroad to assist the person requesting services (the applicant/requester). This rulemaking permitting third-party attendance will apply only to appointments in support of an application for a U.S. passport, either domestically or overseas; to appointments related to a request for a Consular Report of Birth Abroad or a Certificate of Loss of Nationality of the United States (CLN); and to other appointments for certain other services offered by American Citizens Services (ACS) units at U.S. embassies and consulates overseas (posts). In addition, the Department is proposing technical corrections to clarify who may act as a consular officer for purposes of the Protection and Welfare of Citizens and their Property.
Full Text
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<title>Federal Register, Volume 88 Issue 142 (Wednesday, July 26, 2023)</title>
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[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48143-48145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15744]
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DEPARTMENT OF STATE
22 CFR Parts 50, 51, and 71
[Public Notice: 11999]
RIN 1400-AF54
Third-Party Attendance at Appointments for Passport, Consular
Report of Birth Abroad (CRBA), and Certain Other Services
AGENCY: Department of State.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department proposes a rule to provide that private
attorneys, interpreters, and other third parties may attend certain
appointments at passport agencies and centers and at U.S. embassies and
consulates abroad to assist the person requesting services (the
applicant/requester). This rulemaking permitting third-party attendance
will apply only to appointments in support of an application for a U.S.
passport, either domestically or overseas; to appointments related to a
request for a Consular Report of Birth Abroad or a Certificate of Loss
of Nationality of the United States (CLN); and to other appointments
for certain other services offered by American Citizens Services (ACS)
units at U.S. embassies and consulates overseas (posts). In addition,
the Department is proposing technical corrections to clarify who may
act as a consular officer for purposes of the Protection and Welfare of
Citizens and their Property.
DATES: The Department of State will accept comments until September 25,
2023.
ADDRESSES: Interested parties may submit comments to the Department by
any of the following methods:
<bullet> Visit the <a href="http://Regulations.gov">Regulations.gov</a> website at: <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for the docket number DOS-2023-0008.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#1747766464677865635871717e7472787156737d62737e7476637e78795072797265767b57646376637239707861"><span class="__cf_email__" data-cfemail="0e5e6f7d7d7e617c7a416868676d6b61684f6a647b6a676d6f7a676160496b606b7c6f624e7d7a6f7a6b20696178">[email protected]</span></a>. You
must include AF54 in the subject line of your message.
<bullet> All comments should include the commenter's name, the
organization the commenter represents, if applicable, and the
commenter's address. If the Department is unable to read your comment
for any reason, and cannot contact you for clarification, the
Department may not be able to consider your comment. After the
conclusion of the comment period, the Department will publish a Final
Rule (in which it will address relevant comments) as expeditiously as
possible.
FOR FURTHER INFORMATION CONTACT: Jennifer Tinianow, Office of
Adjudication, Passport Services, (202) 485-8800, or email
<a href="/cdn-cgi/l/email-protection#1c4c7d6f6f6c736e68537a7a757f79737a5d78766978757f7d687573725b7972796e7d705c6f687d6879327b736a"><span class="__cf_email__" data-cfemail="c090a1b3b3b0afb2b48fa6a6a9a3a5afa681a4aab5a4a9a3a1b4a9afae87a5aea5b2a1ac80b3b4a1b4a5eea7afb6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Applicants appearing for passport and/or
Consular Reports of Birth Abroad (CRBA) appointments or seeking certain
other services as described below at an American Citizens Services
(ACS) unit overseas, occasionally request that a private attorney,
interpreter, and/or other third party physically accompany them to the
appointment. In order to clarify worldwide guidelines for third-party
attendance at appointments for a passport (either at a U.S. domestic
agency or center or overseas), CRBA, or certain other services offered
by the ACS Unit at an overseas post, the Department proposes to amend
22 CFR parts 50, 51, and 71 to address when attorneys and/or other
third parties may attend an appointment for a U.S. passport, CRBA,
Certificate of Loss of Nationality of the United States (CLN), or for
certain other U.S. citizen services offered at post by the ACS unit
overseas. Although Department guidance has permitted third-party
attendance at such appointments in the past, the Department has not
promulgated a regulation regarding third-party attendance. Based on our
determination that domestic passport agencies and centers and ACS units
at U.S. embassies and consulates overseas generally have the capacity
to accommodate third-party attendance at such appointments under
existing policy, the Department proposes to publish regulations not
only to provide greater transparency to the public but also an explicit
framework through which the Department, including the Diplomatic
Security Service and Chiefs of Mission, may
[[Page 48144]]
facilitate such third-party attendance. The proposed rule specifically
addresses attendance of a private attorney, interpreter, and/or other
third party to assist a U.S. citizen or a person with a claim to U.S.
citizenship appearing for a passport appointment at a passport agency
or center domestically or U.S. embassy or consulate overseas, or for a
CRBA or CLN appointment at a U.S. embassy or consulate overseas. The
proposed rule also applies to the three types of U.S. citizen services
offered at an ACS unit at post, as described in 7 FAM 020 Appendix B
(routine American Citizens Services, Special Consular Services, and
consular crisis preparedness and response).
While the Department believes that the assistance of a third party
is not needed to obtain a U.S. passport, CBRA, or to receive other U.S.
citizen services, it recognizes that U.S. citizens or persons may wish
to be accompanied by a private attorney, interpreter, and/or other
third party to their appointment(s) to provide assistance. This
proposed rule pertains to third parties who may physically accompany an
individual to a covered appointment. It further confirms that all
regulations related to passport and CRBA applications in this chapter
continue to apply including, but not limited to, regulations placing
the burden of proving eligibility for the requested service or document
on the applicant. Individuals will bear any cost associated with the
attendance of an attorney, interpreter, and/or other third party.
Attendees must follow all security policies of the facility in which
the appointment takes place and may not be permitted to attend an
appointment if they engage in any conduct that in the view of the
Diplomatic Security Service or Chief of Mission (or designee), in their
sole discretion, disrupts the appointment. Entry to U.S. embassies and
consulates is pursuant to Department, Chief of Mission, and/or
Diplomatic Security policies, security directives, and communicated
guidelines.
Lastly, the Department is proposing technical amendments to 22 CFR
part 71 to clarify that appropriately designated Department employees,
in addition to officers of the Foreign Service, may assist U.S.
citizens seeking assistance at overseas posts. This change is
consistent with Federal law and regulations which were amended after 22
CFR part 71 was published in 1957.
Regulatory Findings
Administrative Procedure Act
The Department of State is publishing this rulemaking as a proposed
rule and is providing 60 days for public comment.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rulemaking will not have a
significant economic impact on a substantial number of small entities.
Only individuals, and no small entities, apply for passports or CRBAs
or other services offered by the American Citizens Services (ACS) units
at U.S. embassies and consulates overseas.
Unfunded Mandates Act of 1995
This rulemaking will not result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any year and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Executive Order 12866
The Department has reviewed this proposed regulation to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866, as amended by Executive Order 14094. Applicants
appearing for passport and/or CRBA appointments or seeking certain
other services from an ACS unit overseas occasionally request that a
private attorney, interpreter, and/or other third party physically
accompany them to the appointment; however, Department regulations
currently do not address third party attendance in these contexts. The
Department finds that the cost of this rulemaking to the public is
expected to be minimal and provides a potential benefit to individuals
who wish an attorney, interpreter, and/or other third party to
accompany them to a passport, CRBA, or other appointment at an ACS unit
overseas. At the same time, those who wish to appear without being
accompanied by such individuals may do so; this proposed rulemaking
does not mandate any change in the public's behavior. Additionally, the
Department does not anticipate that demand for passport, CRBA, or other
services at ACS units overseas will change as a result of this
rulemaking. In summary, the Department anticipates no substantive
impact on the public from this rulemaking.
Executive Order 13563--Improving Regulation and Regulatory Review
The Department of State has considered this proposed rule in light
of Executive Order 13563, dated January 18, 2011, and affirms that this
regulation is consistent with the guidance therein.
Executive Orders 12372 and 13132--Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this proposed
rulemaking does not have sufficient federalism implications to require
consultations or warrant the preparation of a federalism summary impact
statement. The regulations implementing E.O. 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Executive Order 13175--Consultation With Tribal Governments
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of E.O. 13175 do not apply to this
proposed rule.
Paperwork Reduction Act
This rulemaking does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter
35.
List of Subjects
22 CFR Part 50
Citizenship and naturalization.
22 CFR Part 51
Passports.
22 CFR Part 71
Protection of U.S. citizens abroad.
Accordingly, for the reasons set forth in the preamble, the
Department of State proposes to amend 22 CFR parts 50, 51, and 71 as
follows:
PART 50--NATIONALITY PROCEDURES
0
1. The authority for part 50 continues to read as follows:
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104 and 1401 through
1504.
[[Page 48145]]
0
2. Amend Sec. 50.40 by adding paragraph (f) to read as follows:
Sec. 50.40 Certification of loss of U.S. nationality.
* * * * *
(f) Attorney and/or Other Third-Party Presence at In-Person
Certificate of Loss of Nationality (CLN) appointments. Individuals may,
at their own expense, have a private attorney, interpreter, and/or
other third party of their own choice physically present during any in-
person appointment, including interview appointments, at a U.S. embassy
or consulate abroad related to a request for a CLN; provided that:
(1) The individual or the attorney and/or other third party shall
provide advance notice of the attorney's and/or other third party's
intent to attend the CLN appointment in the manner specified by the
Department of State and/or the specific U.S. embassy or consulate where
the appointment is to take place.
(2) The individual requesting the CLN must appear in person for the
mandatory in-person interview appointment(s); attendance by an attorney
and/or other third party shall not be in lieu of the individual's in-
person appearance.
(3) The diplomatic or consular officer will direct all interview
questions to the individual requesting the CLN, and the individual must
personally respond to the consular officer.
(4) The diplomatic or consular officer conducting the interview
shall have the discretion to interview the individual alone, without an
attorney and/or other third-party present, when necessary to evaluate
whether the individual has performed a potentially expatriating act
independently, free from duress or coercion, and with intent to
relinquish U.S. nationality.
(5) Nothing in this section abrogates any policies, security
directives, and guidelines from the Department, Chief of Mission, or
Diplomatic Security Service regarding admission to or conduct in the
U.S. embassy or consulate. All persons entering a U.S. embassy or
consulate shall comply with all policies, security directives,
guidelines, and protocols, including but not limited to those regarding
security, identification, screening, electronic devices, recording,
health, and conduct. Individuals may be refused entry or directed to
leave the U.S. embassy or consulate for noncompliance with such
policies, directives, guidelines, and protocols.
0
3. Add subpart D to part 50 to read as follows:
Subpart D--Third-Party Attendance at Passport and Consular Report
of Birth Abroad (CRBA) Appointments
Sec.
50.52. Attorney or Other Third-Party Assistance.
Sec. 50.52. Attorney or other third-party assistance.
(a) A person appearing for a passport appointment at a passport
agency or center domestically or a U.S. embassy or consulate overseas
or for a Consular Report of Birth Abroad (CRBA) appointment overseas
may be physically accompanied by a private attorney, interpreter, and/
or other third party of their own choice at their own expense to
provide assistance. All regulations related to passport and CRBA
applications in this chapter continue to apply including, but not
limited to, regulations placing the burden of proving eligibility for
the requested service or document on the applicant/requester.
(1) An applicant and/or their attorney, and/or other third-party
attendee may, at their own expense, bring their own interpreter to any
passport and/or CRBA appointment, provided the applicant and/or their
attorney and/or third-party attendee provides advance notice of such
attendance pursuant to guidance issued by the Department.
(2) Attendance by an attorney and/or other third party at the
appointment does not excuse the in-person appearance of the applicant
as outlined by Sec. Sec. 51.21 and 51.28 of this chapter.
(3) Nothing in this section abrogates any policies, security
directives, and guidelines from the Department, Chief of Mission, or
Diplomatic Security Service regarding admission to or conduct in a
domestic passport agency or center or at a U.S. embassy or consulate
overseas. All persons entering a domestic passport agency or center or
a U.S. embassy or consulate overseas shall comply with all policies,
security directives, guidelines, and protocols, including but not
limited to those regarding security, identification, screening,
electronic devices, recording, health, and conduct. Individuals may be
refused entry or directed to leave the U.S. embassy or consulate for
noncompliance with such policies, directives, guidelines, and
protocols.
PART 51--PASSPORTS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; 22 U.S.C. 211a, 212,
212b, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A,
Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a,
218, 2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, & 3926; 26 U.S.C.
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title V of Pub. L.
103-317, 108 Stat. 1760]; E.O. 11295, Aug. 6, 1966, FR 10603, 3 CFR,
1966-1970 Comp., p. 570; Pub. L. 114-119, 130 Stat. 15; Sec. 1 of
Pub. L. 109-210, 120 Stat. 319; Sec. 2 of Pub. L. 109-167, 119 Stat.
3578; Sec. 5 of Pub. L. 109-472, 120 Stat. 3554; Pub. L. 108-447,
Div. B, Title IV, Dec. 8, 2004, 118 Stat. 2809; Pub. L. 108-458, 118
Stat. 3638, 3823 (Dec. 17, 2004).
0
2. Add Sec. 51.29 to read as follows:
Sec. 51.29 Attorney or other third-party assistance.
A person seeking passport services may be physically accompanied by
an attorney, interpreter, and/or other third party of their own choice
at their own expense in accordance with Sec. 50.52 of this chapter.
PART 71--PROTECTION AND WELFARE OF CITIZENS AND THEIR PROPERTY
0
1. The Authority citation for Part 71 is amended to read as follows:
Authority: 22 U.S.C. 3904; 22 U.S.C. 2715; 22 U.S.C. 2715a; 22
U.S.C. 2715b; 22 U.S.C. 2715c; 22 U.S.C. 2671(b)(2); 22 U.S.C.
2671(d); 22 U.S.C. 2670(j); 22 U.S.C. 4196; 22 U.S.C. 4197
0
2. In subpart A of part 71, remove the words ``officer[s] of the
Foreign Service'' and replace them with the words ``diplomatic or
consular officer[s] of the United States'', wherever they appear.
0
3. Revise Sec. 71.1 to read as follows:
Sec. 71.1 Protection of Americans abroad.
(a) Consular officers shall perform such duties in connection with
the protection of U.S. nationals abroad as may be required by
regulations prescribed by the Secretary of State.
(b) U.S. citizens seeking protection, welfare, or other routine
American Citizen Services, Special Consular Services, and consular
crisis preparedness and response from an American Citizens Services
Unit at a U.S. embassy or consulate may be assisted in related
proceedings by a third party of their own choice at their own expense
in accordance with Sec. 50.52 of this chapter.
(c) For purposes of this part, consular officer includes any United
States citizen employee of the Department of State who is designated by
the Deputy Assistant Secretary of State for Overseas Citizens Services
to perform consular services overseas.
Rena Bitter,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2023-15744 Filed 7-25-23; 8:45 am]
BILLING CODE 4710-25-P
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