8 FAM 102.2
Regulatory Authorities
(CT:CITZ-105; 03-07-2024)
(Office of Origin: CA/PPT/S/A)
8 FAM 102.2-1 Part 50 - Nationality and Passports
(CT:CITZ-105; 03-07-2024)
a. 22 CFR 50.2 provides that the Department shall determine claims to U.S. nationality when made by persons abroad on the basis of an application for a passport or for a Report of Birth Abroad of a Citizen of the United States.
b. 22 CFR 50.4 provides that a claim to U.S. nationality in connection with an application for a passport shall be determined by posts abroad.
c. 22 CFR 50.5 - 22 CFR 50.8 - Department of State regulations pertaining to form FS-240.
d. 22 CFR 50.7 provides for issuance of a Consular Report of Birth Abroad of a Citizen of the United States.
8 FAM 102.2-2 Part 51 - Passports
(CT:CITZ-105; 03-07-2024)
a. 22 CFR 51.3 – Types of passports.
b. 22 CFR 51.4 provides:
(1) Passports for minors under 16 years of age are generally valid for 5 years. Passports issued to minors 16 years of age or older generally are valid for 10 years;
(2) Authority to issue a limited validity passport;
(3) A U.S. passport is invalid when the passport has been reported as lost or stolen to the Department, a U.S. passport agency/center, or a post and the passport has been added to the Consular Lost And Stolen Passport (CLASP) database;
(4) That a U.S. passport is invalid as soon as it:
(a) (U) Has been materially changed in appearance or composition;
(b) (U) Contains a damaged, defective, or otherwise non-functioning chip;
(c) (U) Includes unauthorized changes, obliterations, entries, or photographs; or
(d) (U) Has observable wear or tear that renders it unfit for use as a travel document.
c. 22 CFR 51.5 – Adjudication and issuance of passports.
d. 22 CFR 51.7 provides that the U.S. passport is property of the U.S. government and must be returned on demand, which allows the Department to retain altered, damaged, mutilated, found, and recovered passports.
e. 22 CFR 51.8 – Submission of currently valid passport.
f. 22 CFR 51.21 – Execution of passport applications.
g. 22 CFR 51.22 – Passport agent and passport acceptance agents.
(1) 22 CFR 51.22(b)(4) - Authorizes a U.S. citizen employee of the DoD nominated by the Secretary of Defense, and designated by the Department, to accept passport applications at an installation; and
(2) 22 CFR 51.22(b)(6) - Authorizes any other persons specifically designated by the Secretary of State to accept passport applications.
h. 22 CFR 51.28 provides for:
(1) The two parent consent requirement. 22 CFR 51.28 was revised effective February 1, 2008 extending the two parent consent requirement to minors under the age of 16;
(2) Personal appearance of minors. Minors under 16 years of age applying for a passport shall appear in person, unless the personal appearance of the minor is specifically waived by a GS-12 Supervisory Passport Specialist or above at the issuing passport agency in the United States, or by a senior consular officer at the issuing overseas consular office, pursuant to guidance issued by the Department of State provided in this subchapter. In cases where such a waiver is granted, the person 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 give oaths unless, in the case of applications received overseas, these requirements are also waived by a senior consular officer, pursuant to guidance issued by the Department of State; and
(3) A person having legal custody of a minor has authority to object to the issuance of a passport to that minor any time prior to issuance, and that the Department may deny issuance upon receipt of a written objection to issuance..
i. 22 CFR 51.40 - Burden of Proof
j. 22 CFR 51.41 - Documentary Evidence Accompanying Passport Application.
k. 22 CFR 51.42 - Evidence of Citizenship or Nationality - Persons born in the United States applying for a passport.
l. 22 CFR 51.43 - Evidence of Citizenship or Nationality - Persons born abroad applying for a passport for the first time.
m. 22 CFR 51.45 - Requirement of Additional Evidence of U.S. Citizenship or non-citizenship nationality.
n. 22 CFR 51.52 – Exemption from payment of passport fees.
o. 22 CFR 51.54 - Requirement of additional evidence of U.S. citizenship.
p. 22 CFR 51.60 - Denial of passports. 22 CFR 51.60(a)(2) provides that a passport, except for direct return to the United States, shall not be issued in any case in which the Secretary of State determines or is informed by competent authority that 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.
q. 22 CFR 51.61 - Denial of passports to certain convicted drug traffickers.
r. 22 CFR 51.62 - Revocation or limitation of passports.
s. 22 CFR 51.63 - Passports invalid for travel into or through restricted areas.
t. 22 CFR 51.64 - Special validation of passports for travel to restricted areas.
u. 22 CFR 51.65 - Notification of denial or revocation of passport.
v. 22 CFR 51.66 - Surrender of a Revoked Passport.
w. 22 CFR 51.70 – 22 CFR 51.74 - Procedures for Review of an Adverse Action.
8 FAM 102.2-3 Part 53 - Passport Requirement and Exceptions
(CT:CITZ-105; 03-07-2024)
a. 22 CFR 53.1 provides “it is unlawful for a citizen of the United States, unless excepted under 22 CFR 53.2, to enter or depart, or attempt to enter or depart, the United States, without a valid U.S. passport.”
b. 22 CFR 53.2(b)(7), 22 CFR 53.2(b)(9), and 22 CFR 53.2(b)(10) provide for passport waivers and travel letters.
8 FAM 102.2-4 Part 144 - Enforcement of Non-Discrimination on the Basis of Handicap in Programs or Activities Conducted by the United States Department of State
(CT:CITZ-105; 03-07-2024)
22 CFR 144.130 provides, inter alia:
|
No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. |
8 FAM 102.2-5 Part 171 - Public Access to Information
(CT:CITZ-105; 03-07-2024)
22 CFR 171.32(C) - Parents/legal guardians may request passport records for their minor children.