8 FAM 102.2
Regulatory Authorities
(CT:CITZ-1; 06-27-2018)
(Office of Origin: CA/PPT/S/A)
8 FAM 102.2-1 List of Regulatory
Authories
(CT:CITZ-1; 06-27-2018)
22 CFR 50.2 provides that the
Department shall determines 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
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
22 CFR 50.5 - 22 CFR 50.8 -
Department of State regulations pertaining to form FS-240
22 CFR 50.7 provides for issuance
of a Consular Report of Birth Abroad of a Citizen of the United States
22 CFR 51.3 Types of passports;
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.
22 CFR 51.5 Adjudication and
issuance of passports
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
22 CFR 51.8 Submission of currently valid passport
22 CFR 51.21 Execution of passport applications
22 CFR 51.22 Passport agent and passport acceptance
agents
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
22 CFR 51.22(b)(6) - Authorizes
any other persons specifically designated by the Secretary of State to accept
passport applications
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.
22 CFR 51.40 - Burden of Proof
22 CFR 51.41 - Documentary Evidence Accompanying Passport
Application
22 CFR 51.42 - Evidence of Citizenship or Nationality -
Persons born in the United States applying for a passport
22 CFR 51.43 - Evidence of Citizenship or Nationality -
Persons born abroad applying for a passport for the first time
22 CFR 51.45 - Requirement of Additional Evidence of U.S.
Citizenship or non-citizenship nationality
22 CFR 51.52 Exemption from payment of passport fees
22 CFR 51.54 - Requirement of additional evidence of U.S.
citizenship
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
22 CFR 51.61 - Denial of passports to certain convicted
drug traffickers
22 CFR 51.62 - Revocation or limitation of passports
22 CFR 51.63 - Passports invalid for travel into or
through restricted areas
22 CFR 51.64 - Special validation of passports for travel
to restricted areas
22 CFR 51.65 - Notification of denial or revocation of passport
22 CFR 51.66 - Surrender of a Revoked Passport; and
22 CFR 51.70 22 CFR 51.74 -
Procedures for Review of an Adverse Action.
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.
22 CFR 53.2(b)(7), 22 CFR 53.2(b)(9), and 22 CFR 53.2(b)(10), which
provide for passport waivers and travel letters
22 CFR 171.32(C) - parents/legal
guardians may request passport records for their minor children