ing, renewing, extending, amending, restricting, or withdrawing passports, additional to the rules in this part and not inconsistent therewith.

Subpart B-Regulations of the Secretary of State

AUTHORITY: The provisions of this Subpart B issued under sec. 1, 44 Stat. 887; 22 U.S.C. 211a, E.O. 7856, 3 F.R. 799, except as otherwise noted.

SOURCE: The provisions of this Subpart B contained in Departmental Order 749 (DR 299-q), Mar. 31, 1938, unless otherwise noted. Redesignated by Departmental Regulation 108.77, 13 F.R. 6349, Oct. 29, 1948.

§ 51.108

Transmission to applicant by registered mail.

As a rule a passport will be forwarded to the applicant by registered mail, directed to the address given in the application, except that a passport will not be forwarded to a hotel unless the hotel is the applicant's place of permanent residence, which fact should be set forth in a supplementary statement, or unless the applicant sets forth in a supplementary statement a reason for sending the passport to a hotel other than that in which he may reside, making it clear that it is unlikely that if the passport is sent to the hotel named it would be lost. In such an exceptional case the passport will be forwarded at the risk of the applicant.

§ 51.109 Transmission to applicant by special delivery or air maıı.

On the request of the applicant, a passport which has been issued, or a passport which has been submitted for amendment or extension, will be forwarded to the applicant by special delivery or air mail at the applicant's risk, provided there is attached to the application sufficient special delivery or air mail stamps. If the applicant desires the passport forwarded by air mail a registry stamp should also be forwarded. If stamps are not enclosed when it is desired that the passport be forwarded by air mail or special delivery, a separate money order should be enclosed covering postage. The cost of postage should not

§ 51.113

Old passports of naturalized citizens.

An old passport held by a person who claims citizenship through naturalization should be attached to the application for a new passport and forwarded to the Department for cancellation.

§ 51.114 Inability to present old passport for surrender.

If the applicant for a new passport is unable to present for cancellation or surrender a previous passport, issued since January 2, 1918, which has expired, he should state in his application the disposition of the passport. If the previous passport is still valid, the applicant should submit a separate statement, under oath, setting forth in circumstantial detail the disposition of the passport. § 51.115 Section 2 of the act of May 16, 1932; period of validity.

Section 2 of the act of May 16, 1932 (47 Stat. 157; 22 U.S.C. 217a), provides in part as follows:

Sec. 2. That the validity of a passport shall be limited to a period of two years: Provided, That a passport may be renewed under regulations prescribed by the Secretary of State for a period, not to exceed two years, upon payment of a fee of $5 for such renewal, but the final date of expiration shall not be more than four years from the original date of issue: Provided further, That the Secretary of State may limit the validity of a passport

or

the period of renewal of a passport to less than two years: Provided further, That the

charge for the issue of an original passport shall be $9. § 51.116

Passports valid for 2 years; restricted periods.

Hereafter passports will be issued valid for a period of 2 years from the date of their issue. They may, however, be restricted in validity to a period of less than 2 years from the date of issue. A passport which has been restricted for a period of less than 2 years shall not be extended by a passport agent, the chief executive of one of the outlying possessions of the United States, the United States High Commissioner to the Philippine Islands, or by an American diplomatic or consular officer, except upon the express authorization of the Department of State.

§ 51.117 Period of validity of renewed

passports.

A passport which was issued within the period of 4 years prior to application for renewal may be renewed but in any case where a person fails to apply for renewal of his passport prior to or immediately after the expiration of the original period of validity of his passport, his passport, when renewed, shall not extend beyond a period of 4 years from the original date of issue. The validity of the renewal of a passport may be restricted to a period of less than 2 years and a passport so limited may not be extended except upon the express authorization of the Department of State. § 51.118 Fee for renewal.

The fee for the renewal of a passport is $5.

§ 51.119

No fee for extension of passport to make it valid for 2 years from date of issue, etc.

No fee shall be collected for the extension of a passport to make it valid for a period of 2 years from the date of issue where it was originally issued valid for a period of less than 2 years. No fee shall be collected for the extension of a passport which has been renewed to make it valid for more than 2 but less than 4 years from the date of issue.

§ 51.120 Minor child.

When an application is made for a passport to include a minor child who will attain majority before the expiration of the period of 2 years from the date of issue, the passport shall be limited in validity to the date upon which

such child will attain majority. An exception may be made to this rule when the child will attain majority within a period not exceeding 3 months prior to the date of expiration of the 2-year period. The two preceding sentences shall be applicable to a case where application is made for the renewal of a passport which includes a minor child who will attain majority before 4 years from the date of the original issue of the passport. § 51.121

Remaining validity of more

than 6 months.

Passports having a remaining validity of more than 6 months should not be renewed unless special circumstances warrant exceptional procedure.

§ 51.122

Requests for renewal.

Requests for renewal may be made by personal application or letter addressed to the Department of State or to a passport agent of the Department of State. § 51.123 Passport to accompany request for renewal.

Each request for renewal should be accompanied by the passport desired to be renewed.

§ 51.124 Requests for the extension of the validity of a passport to the twoor four-year period.

A person in the United States who has been issued a passport the original period of validity of which was restricted to less than 2 years from the date of issue or whose passport when renewed beyond the original period of 2 years was restricted to less than 4 years from the date of issue and who desires to apply for an extension of the validity of such passport to the 2- or 4-year period, as the case may be, should communicate with the Department of State, unless he resides in a place where there is an agent of the Department of State, in which case the application for extension may be forwarded through such agent.

§ 51.125 Applicant for renewal to submit documentary evidence of the necessity of his journey abroad.

An applicant for the renewal or extension of his passport may be required to submit satisfactory documentary evidence of the necessity and purpose of his journey abroad.

§ 51.126 Section 1 of the act of June 4, 1920; fee for executing an application for a passport.

Section 1 of the act of June 4, 1920 (41 Stat. 750; 22 U.S.C. 214), reads in part as follows:

That nothing herein contained shall be construed to limit the right of the Secretary of State by regulation to authorize the retention by State officials of the fee of $1 for executing an application for a passport.

§ 51.127

Fees to be retained by clerks of courts other than Federal courts. Clerks of courts other than Federal courts, who are authorized to take applications for passports, are hereby authorized to collect and retain a fee of $2.00 for executing each application for a passport. This fee shall be in addition to the passport fee of $9.00. They may not charge nor retain more than that amount for executing an application for a passport. This regulation does not in any manner restrict the right of any State to make laws or regulations concerning the disposition of fees retained by clerks of State courts for executing applications for passports.

[Dept. Reg. 108.284, 21 F. R. 2377, Apr. 12, 1956]

§ 51.128

Section 4 of the act of June 4, 1920; refunds of passport fees.

Section 4 of the act of June 4, 1920 (41 Stat. 751; 22 U.S.C. 216), reads in part as follows:

Whenever the appropriate officer within the United States of any foreign country refuses to visé a passport issued by the United States, the Department of State is hereby authorized upon request in writing and the return of the unused passport within 6 months from the date of issue to refund to the person to whom the passport was issued the fees which have been paid to Federal officials, and the money for that purpose is hereby appropriated and directed to be paid upon the order of the Secretary of State. § 51.129

Return of passport fees.

A person who desires to have the fee or fees paid to a Federal official or officials for a passport returned to him because of his inability to secure the necessary visa must return his unused passport to the Department of State within 6 months from the date of issue of the passport and submit therewith a signed request for refund. The request must contain a

statement to the effect that he has applied for a visa and that the visa has, been refused, and should state the reasons, if any, assigned for the refusal of the visa. If such person has received a statement in writing from a foreign official refusing to visa his passport, the statement should be submitted to this Department as evidence of the refusal of the visa.

§ 51.130 Fees erroneously collected.

Section 3 of the act of July 3, 1926 (44 Stat. 887; 22 U. S. C. 214a); provides in part as follows:

That whenever a fee is erroneously charged and paid for the issue of a passport to a person who is exempted from the payment of such a fee by section 1 of “An act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921," approved June 4, 1920 (Forty-first Statutes, page 750), the Department of State is hereby authorized to refund to the person who paid such fee the amount thereof, and the money for that purpose is hereby authorized to be appropriated.

When a fee has been erroneously collected from any person who is exempted from the payment of the fee for the issue of a passport, he or she may submit the matter in writing to the Department of State and at the same time submit such evidence as is required by the rules governing the granting and issuing of passports in the United States (Subpart A of this part) to show that he or she is exempted from the payment of such fee. § 51.131 Inquiries concerning applications submitted.

The Department of State will act upon applications as promptly as possible after their receipt. Inquiry concerning applications should be made only in cases of emergency, since the time consumed in responding to such inquiries necessarily retards the examination of applications. However, in such emergency cases inquiry should be made directly to the Department of State by the applicant.

§ 51.132 Applications to be submitted sufficiently far in advance.

Application should be submitted sufficiently far in advance of the date upon which a passport is required to permit the Department to communicate, when necessary, with the applicant or other persons concerning the citizenship of the applicant or with respect to any defects

which may appear in the application or any further information concerning the applicant which the Department may deem necessary.

§ 51.133 Address of communications.

Communications should be addressed to the Department of State, Passport Division, Washington, D.C., 20524. Each communication should give the post office address of the person to whom the answer is to be directed.

§ 51.134 Applications to be made out completely on most recent forms. Application for passports should be made on the most recent form or forms prepared by the Department of State and should contain complete information called for in such form or forms.

§ 51.135 Denial of passports to members of Communist organizations.

A passport shall not be issued to, or renewed for, any individual who the issuing officer knows or has reason to believe is a member of a Communist organization registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950 as amended. (50 U.S.C., sec. 786.)

(Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] § 51.136 Limitations on issuance of passports to certain other persons.

In order to promote and safeguard the interests of the United States, passport facilities, except for direct and immediate return to the United States, shall be refused to a person when it appears to the satisfaction of the Secretary of State that the person's activities abroad would: (a) Violate the laws of the United States; (b) be prejudicial to the orderly conduct of foreign relations; or (c) otherwise be prejudicial to the interests of the United States.

(Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] § 51.137 Tentative denial of passports and available administrative procedures.

Any person whose application for a passport or renewal of a passport has been tentatively denied under § 51.135 or § 51.136 shall be entitled to a notification in writing of the tentative denial. The notification shall set forth clearly and concisely the specific reasons for the

§ 51.138 Procedure for review of tentative denial.

(a) A person whose application for a passport or renewal of a passport has been tentatively denied in accordance with § 51.135 or § 51.136 shall be entitled, upon request, and before the denial becomes final, to present to the Passport Office any information he deems relevant to support his application. He shall be entitled to appear in person before a Hearing Officer in the Passport Office; to be represented by counsel; to present evidence; to be informed of the evidence upon which the Passport Office relied as a basis for the tentative denial; to be informed of the source of such evidence; and to confront and crossexamine adverse witnesses.

(b) The applicant shall, upon request by the Hearing Officer, confirm his oral statements in an affidavit for the record. After the applicant has presented his case, the Passport Office shall review the record and advise the applicant of its decision. In making its decision, the Passport Office shall not take into consideration confidential security information that is not made available to the applicant in accordance with paragraph (a) of this section. If the decision is adverse to the applicant, he shall be notified in writing, and the notification shall state the reasons for the decision. Such notification shall also inform the applicant of his right to appeal to the Board of Passport Appeals under § 51.139.

(Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 344, Jan. 12, 1962]

§ 51.139 Appeal by passport applicant. In the event of a decision adverse to the applicant, he shall be entitled within thirty days after receipt of notice of such decision to appeal his case to the Board of Passport Appeals provided for in § 51.150.

(Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 344, Jan. 12, 1962]

BOARD OF PASSPORT APPEALS

The Board of Passport Appeals shall consist of three or more members designated by the Secretary of State, one of whom shall be designated by the Secretary as Chairman. The Chairman shall assure that there is assigned to hear the appeal of any applicant a panel of not less than three members including himself or his designee as presiding officer, which number shall constitute a quorum. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.152

Chairman.

[Dept.

The Chairman, or his designee, shall preside at all hearings of the Board, and shall be empowered in all respects to regulate the course of the hearings and to pass upon all issues relating thereto. The Chairman, or his designee, shall be empowered to administer oaths and affirmations.

(Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.153 Counsel to the Board.

A counsel, to be designated by the Secretary of State, shall be responsible to the Board for the schedule and presentation of cases; for assistance in legal and procedural matters; for providing information to the applicant as to his procedural rights before the Board; for maintenance of records; and for such other duties as the Board, or the Chairman on its behalf, may determine. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.154 Examiner.

[Dept.

The Board may, in its discretion, appoint an examiner in any case, who may, with respect to such case be vested with any or all authority vested in the Board or the Chairman, subject to review and final decision by the Board, but an applicant shall not be denied an opportunity for a hearing before the Board unless he expressly waives it.

(Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962]