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(c) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the Chairman, the head of any such Federal agency shall furnish such information to the Commission.

REPORTS

SEC. 1516. The Commission shall transmit to the President and to each House of the Congress such interim reports as it considers appropriate and shall transmit a final report to the President and to each House of the Congress not later than one year after the date on which appropriations first become available to carry out this title. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as it considers appropriate.

TERMINATION

SEC. 1517. The Commission shall cease to exist sixty days after transmitting its final report under section 1516.

AUTHORIZATION OF APPROPRIATION

SEC. 1518. There is authorized to be appropriated not to exceed $500,000 to carry out this title.

DEFINITIONS

SEC. 1519. For purposes of this title

(1) the term "Academy" means the National Academy of Peace and Conflict Resolution;

(2) the term "Chairman" means the Chairman of the Commission selected under section 1513(e);

(3) the term "Commission" means the Commission on Proposals for the National Academy of Peace and Conflict Resolution; and

(4) the term "Federal agency" means any agency, department, or independent establishment in the executive branch of the Federal Government, including any Government corporation.

3. Passport Laws and Regulations

1

a. Protection of Citizens Abroad 1

Act of July 27, 1868 [R.S. Sec. 2001], 15 Stat. 224; 22 U.S.C. 1732 Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.

1 See also Sec. 108 of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846) which contains a sense of the Congress regarding Americans incarcerated abroad (page 464 of text). See also Sec. 611 of the Foreign Relations Authorization Act, Fiscal Year 1979 (92 Stat. 989) which concerns equitable treatment of U.S. citizens living abroad (page 458 of text).

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b. Passport Authority

1

(1) Secretary of State's Passport Authority 1

Partial text of Act of July 3, 1926 [H.R. 12495], 44 Stat. 887; 22 U.S.C. 211a as amended by Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 971, approved October 7, 1978

The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic representatives of the United States, and by such consul generals, consuls, or vice consuls when in charge, as the Secretary of State may designate, and by the chief or other executive officer of the insular possessions of the United States, under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify such passports. Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or the physical safety of United States travellers."

(2) Partial Text of Executive Order 11295, August 5, 1966,

31 F.R. 10603

Section 1. Delegation of authority. The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports.

Sec. 2. Superseded orders. Subject to Section 3 of this order, the following are hereby superseded:

(1) Executive Order No. 7856 of March 31, 1938, entitled "Rules Governing the Granting and Issuing of Passports in the United States."

(2) Executive Order No. 8820 of July 11, 1941, entitled "Amending the Foreign Service Regulations of the United States."

Sec. 3. Saving provisions. All rules and regulations contained in the Executive order provisions revoked by Section 2 of this order, and all rules and regulations issued under the authority of those provisions, which are in force at the time of the issuance of this order shall remain in full force and effect until revoked, or except as they may be hereafter amended or modified, in pursuance of the authority conferred by this order, unless sooner terminated by operation of law.

1 See also Sec. 125 of the Foreign Relations Authorization Act. Fiscal Year 1979 (92 Stat. 971) which concerns diplomatic and official passports (page 445 of text).

2 This sentence was added by Sec. 124 of Public Law 95-426 (92 Stat. 971). Such Sec. 124 also stated that the purpose of this amendment was to achieve greater U.S. compliance with the 1975 Helsinki Agreement as well as to encourage other nations to more fully comply.

c. Passport Limitations

(1) Allegiance to the United States

Act of July 14, 1902 [R.S. Sec. 4076], 32 Stat. 386; 22 U.S.C. 212

No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.

(2) Application for Passport

Partial text of Act of June 15, 1917 [H.R. 2911, 40 Stat. 217 at 227; 22 U.S.C. 213, as amended by Public Law 90-428 [S. 1418], 82 Stat. 446, approved July 26, 1968

SECTION 1. Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application which shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. If the applicant has not previously been issued a United States passport, the application shall be duly verified by his oath before a person authorized and empowered by the Secretary of State to administer oaths.

NOTE.-See, however, Woodward v. Rogers, 344 F. Supp. 974 (D.C.D.C. 9 1972); aff., 486 F. 2d 1317 (D.C. Cir. 1973).

(3) Five Year Validity of Passport

Partial text of the Act of July 3, 1926 [H.R. 12495], 44 Stat. 887; 22 U.S.C. 217a, as amended by Public Law 71-488 [H.R. 10826], 46 Stat. 839, approved July 1, 1930; Public Law 72-136 [H.R. 9393], 47 Stat. 157, approved May 16, 1932; Public Law 86-267 [S. 1973], 73 Stat. 552, approved September 14, 1959; and by Public Law 90-428 [S. 1418], 82 Stat. 446, approved July 26, 1968

SEC. 2. The validity of the passport shall be limited to a period of not more than five years.' The Secretary of State may limit a passport to a shorter period. A valid passport outstanding as of the effective date of this Act shall be valid for a period of five years from the date of issue except where such passport is or has been limited by the Secretary of State to a short period.

1 Public Law 90-428, approved July 26, 1968, changed "three" to "five".

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(4) Fees

Partial text of the Act of June 4, 1920 [H.R. 11960], 41 Stat. 739 at 750; 22 U.S.C. 214, as amended by Public Law 84-403 [H.R. 5844], 70 Stat. 11, approved February 10, 1956; Public Law 90-428 [S. 1418], 82 Stat. 446, approved July 26, 1968; Public Law 92-14 [S. 531], 85 Stat. 38, approved May 14, 1971; and by Public Law 93-417 [H.R. 151721, 88 Stat. 1151, approved September 17, 1974 There shall be collected and paid into the Treasury of the United States quarterly a fee of $10 for each passport issued and a fee in an amount prescribed by the Secretary of State by regulation for executing each application for a passport. Nothing contained in this section shall be construed to limit the right of the Secretary of State by regulation (1) to authorize State officials to collect and retain the execution fee, or (2) to transfer to the United States Postal Service the execution fee for each application accepted by that Service. No passport fee shall be collected from an officer or employee of the United States proceeding abroad in the discharge of official duties, or from members of his immediate family; from an American seaman who requires a passport in connection with his duties aboard an American-flag vessel; or from a widow, child, parent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member. No execution fee shall be collected for an application made before a Federal official by a person excused from payment of the passport fee under this section.

[(5) Denial of Passports to Members of Communist

Organizations

[Partial text of Internal Security Act of 1950, Act of September 23, 1950 [H.R. 94901, 64 Stat. 987 at 993; 50 U.S.C. 785, as amended by Public Law 83-637 [S. 3706], 68 Sat. 775 at 778, approved August 24, 1954

[SEC. 6. (a) When a Communist organization as defined in paragraph (5) of section 3 of this title is registered, or there is in effect a final order of the Board requiring such organization to register, it shall be unlawful for any member of such organization, with knowledge or notice that such organization is so registered or that such order has become final

[(1) to make application for a passport, or the renewal of a passport, to be issued or renewed by or under the authority of the United States; or

[(2) to use or attempt to use any such passport.

[(b) When an organization is registered, or there is in effect a final order of the Board requiring an organization to register, as a Communist-action organization, it shall be unlawful for any officer or employee of the United States to issue a passport to, or renew the passport of, any individual knowing or having reason to believe that such individual is a member of such organization.] 3

fee.

Public Law 93-417, approved September 17, 1974 abolished a $2 uniform application $50 U.S.C. 794 provides:

"Any organization which violates any provision of section 789 of this title shall, upon conviction thereof, be punished for each such violation by a fine of not more than $10,000. Any individual who violates any provision of section 784 or 789 of this title shall, upon conviction thereof. be punished for each such violation by a fine of not more than $10,000 or by imprisonment for not more than five years, or by both such fine and imprisonment. (Sept. 23. 1950, ch. 1024, title I, § 15, 64 Stat. 1002; Jan. 2, 1968. Public Law 90-237, 13. 81 Stat. 771)."

NOTE.-Sec. 6 of the Internal Security Act, which is shown in brackets above, was held to be unconstitutional by the Supreme Court in the case of Aptheker v. Secretary of State, 878 U.S. 500, decided June 22, 1964.

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