[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Rules and Regulations]
[Page 36522-36535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn10-5]
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DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice: 7068]
RIN 1400-AC58
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State.
ACTION: Interim final rule.
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SUMMARY: Further to the Department's proposed rule to amend the
Schedule of Fees for Consular Services (Schedule of Fees), the
Department of State is adjusting a number of fees in light of an
independent cost of service study's findings that the U.S. Government
is not fully covering its costs for providing these services under the
current fee structure. The primary objective of the adjustments to the
Schedule of Fees is to ensure that fees for consular services reflect
costs to the United States of providing the services to the extent
possible. Seventeen hundred and ninety-seven comments were received
during the period for public comment. This rule addresses comments
received thus far, and reopens the comment period on these fees for an
additional 60 days.
DATES: Effective date: This interim final rule becomes effective July
13, 2010. Comment date: Written comments must be received on or before
August 27, 2010.
ADDRESSES: Submit comments to Office of the Executive Director, Bureau
of Consular Affairs, Department of State, Suite H1004, 2401 E Street,
NW., Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT: Adriel Bush, Office of the
Comptroller, Bureau of Consular Affairs, Department of State; phone:
202-663-2596, telefax: 202-663-2499; e-mail: fees@state.gov.
SUPPLEMENTARY INFORMATION:
Background
The Department published a proposed rule in the Federal Register,
75 FR 6321, on February 9, 2010 (Public Notice 6887), proposing to
amend sections of 22 CFR 22. Specifically, the rule proposed changes to
the Schedule of Fees for Consular Services and provided 30 days for
comments from the public. In response to requests by the public for
more information and a further opportunity to submit comments, the
Department subsequently published a supplementary notice in the Federal
Register, 75 FR 14111, on March 24, 2010 (Public Notice 6928). The
supplementary notice provided a more detailed explanation of the Cost
of Service Study (CoSS), the activity-based costing model that the
Department used to determine the proposed fees for consular services,
and reopened the comment period for an additional 15 days. During this
and the previous 30-day comment period, 1,797 comments were received,
either by email or through the submission process at http://
www.regulations.gov. The current notice reflects responses by the
[[Page 36523]]
Department to the comments received in the 45 days during which the
comment period for this proposed rule was open.
Nonimmigrant visa fees, including fees for Machine-Readable Visas
(MRVs) and Border Crossing Cards (BCCs), have been modified pursuant to
a separate rule published May 20, 2010 at 75 FR 28188. These modified
fees are reflected in Item 21 of the Schedule of Fees below alongside
the modified fees addressed in the present notice.
What Is the authority for this action?
As explained when the revised Schedule of Fees was published as a
proposed rule, the Department of State derives the statutory authority
to set the amount of fees for the consular services it provides, and to
charge those fees, from the general user charges statute, 31 U.S.C.
9701. See, e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency * *
* may prescribe regulations establishing the charge for a service or
thing of value provided by the agency * * * based on * * * the costs to
the Government; * * * the value of the service or thing to the
recipient; * * * public policy or interest served; and * * * other
relevant facts.''). As implemented through Executive Order 10718 of
June 27, 1957 (22 FR 4632), 22 U.S.C. 4219 further authorizes the
Department to establish fees to be charged for official services
provided by U.S. embassies and consulates. When a service provided by
the Department ``provides special benefits to an identifiable recipient
beyond those that accrue to the general public,'' guidance issued by
the Office of Management and Budget (OMB) requires as follows: ``user
charges will be sufficient to recover the full cost to the Federal
Government * * * of providing the service * * * or good * * * .'' OMB
Circular A-25, ] 6(a)(1), (a)(2)(a).
Other authorities allow or require the Department to charge fees
for consular services, but do not determine the amount of such fees, as
the amount is statutorily determined, such as the $13 fee, discussed
below, for machine-readable Border Crossing Cards (BCCs) for certain
Mexican citizen minors. Omnibus Consolidated and Emergency Supplemental
Appropriations Act of 1999, Public Law 105-277, 112 Stat. 2681-50, Div.
A, Title IV, Sec. 410(a) (reproduced at 8 U.S.C. 1351 note).
A number of other statutes address specific fees relating to
passport processing, immigrant and nonimmigrant visa processing, and
overseas citizens services. For example, 22 U.S.C. 214 requires the
Department to charge passport application and execution fees. Another
law authorizes the Department to establish a fee for the processing of
applications for ``diversity visas,'' to recover the costs of the
``visa lottery'' program conducted under Immigration and Nationality
Act (INA) sections 203 and 222, 8 U.S.C. 1153, 1201. See Omnibus
Consolidated Appropriations Act, 1997, Public Law 104-208, 110 Stat.
3009, Div. C, Title VI, Sec. 636 (reproduced at 8 U.S.C. 1153 note).
Only those applicants who register in the lottery and are selected may
apply for a visa, and those who choose to apply must pay the fee; the
fee incorporates the costs to the Department of administering the
lottery program. Id. Another statute authorizes the Department to
collect and retain surcharges on passports and immigrant visas to help
pay for efforts to enhance border security. See 8 U.S.C. 1714. While
these fees were originally frozen statutorily at $12 and $45
respectively, subsequent legislation authorized the Department to amend
these amounts administratively, provided the resulting surcharge is
``reasonably related to the costs of providing services in connection
with the activity or item for which the surcharges are charged.''
Department of State Authorities Act of 2006, Public Law 109-472, 120
Stat. 3554, Sec. 6(b)(1) (reproduced at 8 U.S.C. 1714 note).
Furthermore, several statutes deal with fees for nonimmigrant visas,
including the issuance fee statute, 8 U.S.C. 1351 (establishing
reciprocity as the basis for the nonimmigrant visa issuance fee), and
the MRV and BCC fees modified in the rule published at 75 FR 28188 on
May 20, 2010.
Certain persons are exempted by law or regulation from paying
specific fees or are expressly made subject to a special fee regime by
law. These are noted in the Schedule of Fees below. They include, for
instance, several exemptions from the nonimmigrant visa application fee
for certain individuals who engage in charitable activities or who
qualify for diplomatic visas. See 8 U.S.C. 1351; 22 CFR 41.107(c).
Certain Iraqi and Afghan nationals are similarly exempt from paying an
immigrant visa application fee. See National Defense Authorization Act
for Fiscal Year 2008, Public Law 110-181, 122 Stat. 3, Div. A, Title
XII, Sec. 1244(d) (reproduced at 11 U.S.C. 1157 note); Omnibus
Appropriations Act, 2009, Pub. L. 111-8, 123 Stat. 524, Div. F, Title
VI, Sec. 602(b)(4) (reproduced at 8 U.S.C. 1101 note). As another
example, qualifying Mexican citizen minors pay a special BCC fee well
below what it costs the Department to process such cards. Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999,
Public Law 105-277, Div. A, Title IV, Sec. 410(a), reproduced at 8
U.S.C. 1351 note.
While for most consular services, the funds collected from fees
must be deposited into the Treasury, various statutes permit the
Department to retain the fees it collects for certain services. See,
e.g., 31 U.S.C. 3302(b); 2 GAO Principles of Appropriations Law, 6-199
(3d ed.) (``fees * * * paid * * * to the government * * * must be
deposited in the Treasury as miscellaneous receipts, absent statutory
authority to the contrary''). Among these statutes are the following:
(1) The MRV and BCC fees, Omnibus Consolidated and Emergency
Supplemental Appropriations Act of 1999, Public Law 103-236, Title I,
Sec. 140(a)(2), 112 Stat. 2681-50 (reproduced at 8 U.S.C. 1351 note);
(2) the passport expedite fee, Department of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1995,
Pub. L. 103-317, 108 Stat. 1724, Title V (reproduced at 22 U.S.C. 214
note); (3) the passport and immigrant visa security surcharges, 8
U.S.C. 1714; (4) the Western Hemisphere Travel Initiative (WHTI)
surcharge, which is embedded in the passport book and passport card
application fees, 22 U.S.C. 214(b)(1), 22 CFR 51.51(d) (WHTI surcharge
``will be recovered * * * from within the passport fee reflected in the
Schedule of Fees for Consular Services''); (5) the diversity visa
lottery fee, Omnibus Consolidated Appropriations Act, 1997, Public Law
104-208, Div. C, Title VI, Sec. 636 (reproduced at 8 U.S.C. 1153
note); (6) the fee for an affidavit of support, Consolidated
Appropriations Act, 2000, Public Law 106-113, 113 Stat. 1501, Div. A,
Title II, Sec. 232(a) (reproduced at 8 U.S.C. 1183a note); and (7) the
fee to process requests from participants in the Department's Exchange
Visitor Program for a waiver of the two-year home-residence
requirement, 22 U.S.C. 1475e. The Department also has available to it a
portion of certain fraud prevention and detection fees charged to
petitioners of H- and L-category visas. 8 U.S.C. 1184(c)(12)(A),
(13)(A), 1356(v)(2)(A).
Why is the department adjusting fees at this time?
With certain exceptions--such as the reciprocal nonimmigrant visa
issuance fee and the reduced Mexican citizen minor BCC fee described
above, as well as a congressionally mandated $1 surcharge on all
nonimmigrant visas, see William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, Pub. L. 110-457, 122 Stat.
5044, Title II, Sec. 239 (reproduced at 8 U.S.C.
[[Page 36524]]
1351 note)--the Department of State generally sets consular fees at an
amount calculated to achieve recovery of the costs to the U.S.
Government of providing the consular service, in a manner consistent
with general user charges principles, regardless of the specific
statutory authority under which the fees are authorized. See 31 U.S.C.
9701(b)(2)(A). As set forth in OMB Circular A-25, ``[w]hen a service *
* * provides special benefits to an identifiable recipient beyond those
that accrue to the general public, a charge will be imposed * * * to
recover the full cost to the Federal Government for providing the
special benefit * * * .'' See OMB Circular No. A-25, ] 6(a)(2)(a). The
OMB guidance covers all Federal Executive Branch activities that convey
special benefits to recipients beyond those that accrue to the general
public. See id., Sec. Sec. 4(a), 6(a)(1).
While fees are thus set in accordance with full cost recovery,
there are limited circumstances, such as the passport book and card
application fees for minors, in which costs are allocated to related
fees or the Department charges a fee that is lower than the cost of
providing the service. This may be done in order to account for
statutory requirements or the potential impact on the public of setting
those fees at a higher level. See 31 U.S.C. 9701(b)(2) (user charges
based on costs to the Government, the value of the service to the
recipient, the public policy or interest served, and other relevant
facts).
The Department reviews consular fees periodically to determine each
fee's appropriateness in light of OMB guidance. The Department has made
the changes set forth in this proposed Schedule of Fees accordingly. In
line with this guidance, the Department contracted for an independent
CoSS, which conducted its work from August 2007 through June 2009. The
CoSS used an activity-based costing model to determine the current
direct and indirect costs to the U.S. Government associated with each
consular good and service the Department provides. The contractor, QED
Group, LLC, its subcontractor Booz Allen Hamilton, Inc., and Department
staff surveyed and visited domestic and overseas consular sites
handling a representative sample of all consular services worldwide.
The study identified the cost of the various discrete consular goods
and services, both direct and indirect, and the study's results formed
the basis of the changes herein proposed to the Schedule of Fees.
Activity-based costing in general and the methodology employed by the
CoSS to arrive at the various costs of the consular services provided
by the Department are discussed in detail in the supplementary notice
of proposed rulemaking, at 75 FR 14111.
In situations where services are provided with enough frequency to
develop a reliable estimate of the average time involved, the Schedule
of Fees generally sets a flat service fee. In situations that require
services to be performed away from the office or during after-duty
hours, the Department calculates the fee based on a consular ``hourly
rate''; this rate, which appears at Item 75 on the Schedule of Fees
below, represents the cost per hour or part thereof per consular
employee. Whether by flat fee or fee determined by hourly rate, the
fees the Department charges are designed to recover--at most--the full
costs the Department expects the U.S. Government to incur over the
period the Schedule of Fees will be in effect. The Department based all
fees in the Schedule of Fees on projected Fiscal Year 2010 workloads.
As a result of the CoSS's findings and the Department's analysis of
these findings, the Department hereby implements, in the form of an
interim final rule allowing 60 additional days for public comment,
adjustments to the Schedule of Fees with respect to a number of
consular services, as discussed below. The fees for other consular
services remain unchanged. As noted above, adjustments to nonimmigrant
visa fees, including those for BCCs, have been promulgated under a
separate rule published May 20, 2010, see 75 FR 28188, and these
adjustments are reflected in the revised Schedule of Fees below.
The last broad set of amendments to the Schedule of Fees occurred
in 2005, though the Department has made piecemeal amendments to it
since that time. Some fees, including Items 31(a) and (b) and 35(d),
are set by the Department of Homeland Security (DHS). These DHS fees
were most recently updated by that agency on July 30, 2007, and are
potentially subject to change in the near future. See 75 FR 33447 (June
11, 2010) (proposed rule on DHS fees). The Department of State lists
these DHS fees in the Department of State Schedule of Fees for
cashiering purposes only; a complete list of fees collected from
applicants by Department of State cashiers are posted in every embassy
and consulate so that when customers pay fees to these cashiers they
can compare the amount requested to the posted schedule. The Department
of State has no authority to set DHS fees, and any time DHS changes its
fees, the Department of State updates those items. DHS lists these fees
at 22 CFR 103.7(b)(1). As of June 18, 2010, these fees and their
amounts were as follows:
Filing immigrant visa petition: Petition to classify
status of alien relative for issuance of immigrant visa (Item 31(a) on
the Department of State Schedule of Fees; DHS Form I-130): $355.
Filing immigrant visa petition: Petition to classify
orphan as an immediate relative (Item 31(b) on the Department of State
Schedule of Fees; DHS Form I-600): $670.
Special visa services: Waiver of immigrant visa
ineligibility (Item 35(d) on the Department of State Schedule of Fees;
DHS Form I-601): $545.
All CoSS estimates discussed below are based on projected workload
for Fiscal Year 2010, and fees have been rounded to make them easier to
collect, especially when converting from foreign currencies, which are
most often used when paying for fees at posts abroad. This proposed
rule also makes a conforming amendment to 22 CFR 51.51(d), which
establishes the surcharge on the filing of each passport application in
order to cover the costs of meeting the increased demand for passports
as a result of actions taken to comply with section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004, Public Law
108-458, 118 Stat. 3638 (reproduced at 8 U.S.C. 1185 note).
Passport Book Application Services
The Department is increasing the application fee for a passport
book for an adult (age 16 and older) from $55 to $70. The application
fee for a passport book for a minor (under age 16) will remain at $40.
The CoSS calculated the cost of processing first-time passport
applications for both adults and minors as $105.80, based on a
projected FY 2010 workload of 11.9 million. This cost includes border
security costs covered by the passport book security surcharge,
discussed immediately below. Because a minor passport book has a
validity of just five years, in contrast with the ten-year validity
period of an adult passport book, the Department has decided to leave
the minor passport book application fee at $40, and to allocate the
remainder of the cost of processing minor passport book applications to
the adult passport application fee.
As described in 22 CFR 51.51(d), this fee incorporates the costs of
meeting the increased demand for passports as a result of actions taken
to comply with section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458 (reproduced at 8 U.S.C. 1185
note). This portion of the application fee, which is embedded
[[Page 36525]]
within the fee and not charged separately or separately itemized in the
Schedule of Fees, see 22 CFR 51.51(d) (noting absence of separate
itemization), has increased from $20 to $22 per application based on
increased costs related to new passport agencies serving border
communities.
Passport Book Security Surcharge
The Department is increasing the passport book security surcharge
from $20 to $40 in order to cover the costs of increased border
security which includes, but is not limited to, enhanced biometric
features in the document itself. The passport book security surcharge
is the same for adult passport books and for minor passport books.
Additional Passport Visa Pages
In the past, the Department provided extra pages in a customer's
passport, to which foreign countries' visas may then be affixed, at no
charge. The CoSS found that the cost of the pages themselves, of having
the pages placed in the book in a secure manner by trained personnel,
and of completing the required security checks results in a cost to the
U.S. Government of $82.48, based on a projected FY 2010 workload of
218,000 applicants. Therefore, the Department will charge $82 for this
service. The costs associated with adding additional visa pages to a
passport book are described in greater detail in the supplementary
notice, 75 FR 14111, 14113 (Mar. 24, 2010). Another alternative to
additional visa pages is to request, at the time of applying for a
passport, the larger 52-page passport book offered by the Department
for travelers who anticipate that they will need more than 28 visa
pages. Any passport applicant may request a larger book at the time of
application for no additional fee. The Department will make information
about this option more widely available to customers both domestically
and overseas, to ensure that applicants are able to take advantage of
it.
Passport Card Application Services
The CoSS calculated that the cost of processing first-time
applications for adult and minor passport cards is $77.59, based on an
FY 2010 workload projection of 1.56 million cards, and that
adjudication costs associated with a passport card are the same as
those associated with a passport book. Nevertheless, the card is
intended to be a substantially less expensive document than the
passport book, for the convenience of citizens who live close to land
borders and cross back and forth frequently. Therefore, the Department
has decided only to raise the adult passport card application fee from
$20 to $30, and the minor passport card application fee from $10 to
$15. See 31 U.S.C. Sec. 9701(b)(2) (user charge based on cost, value
to the recipient, public policy or interest served, and other relevant
facts).
As described in 22 CFR 51.51(d), this application fee incorporates
the costs of meeting the increased demand for passports as a result of
actions taken to comply with section 7209(b) of the Intelligence Reform
and Terrorism Prevention Act of 2004, Public Law 108-458 (reproduced at
8 U.S.C. 1185 note). This portion of the fee, which is embedded within
the fee and not charged separately or separately itemized in the
Schedule of Fees, see 22 CFR 51.51(d) (noting absence of separate
itemization), has increased from $20 to $22 for the adult passport card
and from $10 to $15 for the minor passport card, and is based on
increased costs related to new passport agencies serving border
communities.
File Search and Verification of U.S. Citizenship
When an applicant for a passport book or passport card does not
present evidence of citizenship, the Department must verify his or her
U.S. citizenship. The Department is raising the fee for this service
from $60 to $150 based on the cost of providing the service, and notes
that applicants can avoid paying this fee by providing adequate
citizenship documentation when applying for a passport rather than to
request costly, time-intensive research.
Application for Consular Report of Birth Abroad of a Citizen of the
United States
The CoSS found that the cost of accepting and processing an
application for a Consular Report of Birth Abroad of a Citizen of the
United States is $197.28 based on an FY 2010 workload projection of
80,000 applications. Based on that analysis, the Department is raising
the fee from $65 to $100, still significantly less than cost, based on
its view that too high a fee might deter U.S. citizen parents from
properly documenting the citizenship of their children at birth, a
development the Department feels would be detrimental to national
interests. See 31 U.S.C. 9701(b)(2).
Documentation for Renunciation of Citizenship
The CoSS demonstrated that documenting a U.S. citizen's
renunciation of citizenship is extremely costly, requiring American
consular officers overseas to spend substantial amounts of time to
accept, process, and adjudicate cases. A new fee of $450 will be
established to help defray a portion of the total cost to the U.S.
Government of documenting the renunciation of citizenship. While the
Department decided to set the fee at $450, this fee represents less
than 25 percent of the cost to the U.S. Government. The Department has
determined that it must recoup at least a portion of its costs of
providing this very costly service but set the fee lower than the cost
of service in order to lessen the impact on those who need this service
and not discourage the utilization of the service, a development the
Department feels would be detrimental to national interests. See 31
U.S.C. 9701(b)(2).
Death and Estate Services
The CoSS found that the average cost of assisting U.S. citizens in
making arrangements for a deceased non-U.S. citizen family member
abroad is $388.19 per case based on an FY 2010 workload projection of
50,000 cases. The Department had previously charged a fee of $265 per
hour, the then-applicable fee for consular time (discussed below), plus
expenses. The Department has decided to set the new fee for death and
estate services at significantly lower than costs--$200 plus expenses,
per case--in order to assist bereaved families.
Immigrant Visa Application Processing Fee
In the past, the Department has charged a single application
processing fee for processing an immigrant visa, regardless of
category: $355. The Department has concluded, however, that it will be
more equitable to set the fee for each immigrant visa category at a
level commensurate with the average cost of producing that particular
product. The CoSS found, however, that applications for certain
immigrant visa categories cost more to process than others.
Accordingly, the Department has created in the current Schedule of Fees
a four-tiered immigrant visa application processing fee structure based
on CoSS estimates for each discrete category of immigrant visa. The
application fee for a family-based (immediate relative and preference)
visa (processed on the basis of an I-130, I-600 or I-800 petition) will
be $330. The application fee for an employment-based visa (processed on
the basis of an I-140 petition) will be $720. Other immigrant visa
applications (including for diversity visa applicants, I-360 self-
petitioners, special immigrant visa applicants, and all others) will
have a fee of $305. As noted above, certain qualifying Iraqi and Afghan
special
[[Page 36526]]
immigrant visa applicants are statutorily exempt from paying a
processing fee. National Defense Authorization Act for Fiscal Year
2008, Public Law 110-181, Div. A, Title XII, Sec. 1244(d) (reproduced
at 11 U.S.C. 1157 note); Omnibus Appropriations Act, 2009, Public Law
111-8, Div. F, Title VI, Sec. 602(b)(4) (reproduced at 8 U.S.C. 1101
note).
Immigrant Visa Security Surcharge
The Department is increasing the immigrant visa security surcharge,
which all applicants except those statutorily exempted must pay, from
$45 to $74 to cover increased security costs as determined by the CoSS,
including the costs of the enhanced security screening requirements
associated with fingerprint collection which had previously been
included in the immigrant visa application processing fee.
Diversity Visa Lottery Fee for Immigrant Visa Application
The Department is raising the fee paid by winners of the Diversity
Visa lottery who apply for immigrant visas from $375 to $440 based on
CoSS estimates for an FY 2010 workload projection of 81,000
applications. The Department has authority to collect the surcharge
only from persons who are selected through the lottery process and
therefore qualify to apply for a Diversity Visa, and to set it at a
level sufficient to cover the entire cost of running the lottery.
Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, Div.
C, Title VI, Sec. 636 (reproduced at 8 U.S.C. 1153 note).
Affidavit of Support Review
The Department charges the affidavit of support review fee for all
affidavits of support reviewed at the National Visa Center in
connection with an application for an immigrant visa. The purpose of
the review is to ensure that each affidavit is properly completed
before the National Visa Center forwards it to a consular post for
adjudication. The Department is increasing the fee from $70 to $88 to
reflect the increase in the cost of providing this service to immigrant
visa applicants, as determined by the CoSS.
Determining Returning Resident Status
The CoSS found that determining the status of persons who claim to
be lawful permanent residents of the United States, but do not have
documentation to prove this fact, has become less costly than before
due to advances in automation making it easier to verify U.S.
immigration status. As such, the Department will lower the fee from
$400 to $380.
Providing Documentary Services
The CoSS found the cost to the U.S. Government of providing
documentary services overseas is $76.36 per service based on a
projected FY 2010 workload of 380,000 services. These are primarily
notarial services, certification of true copies, provision of
documents, and authentications. However, the Department is raising
these fees only from $30 to $50, lower than cost, in order to minimize
the impact on the public. See 31 U.S.C. 9701(b)(2).
Processing Letters Rogatory and Foreign Sovereign Immunities Act
Judicial Assistance Cases
The CoSS found that the cost to the U.S. Government of processing
letters rogatory and Foreign Sovereign Immunities Act judicial
assistance cases is $2,274.59 based on a projected FY 2010 workload of
1,400 services. The Department will accordingly raise the fee for these
services to $2,275. The costs associated with processing letters
rogatory and Foreign Sovereign Immunities Act judicial assistance cases
are described in greater detail in the supplementary notice, 75 FR
14111, 14113 (Mar. 24, 2010).
Taking Depositions or Executing Commissions To Take Testimony
Several services fall under this heading, and fees for three of the
services will be raised as a result of the CoSS's conclusions on the
costs to the U.S. Government. The new fees appear in the Schedule of
Fees below.
Consular Time Charges
The Department previously charged a consular time fee of $265 per
hour, per employee. The CoSS estimated that consular time charges for
services performed away from the office or outside business hours now
only costs $231 per hour, per employee. Therefore, the Department will
lower this fee to $231 per hour.
Analysis of Comments
As noted, the proposed rule was published for comment on February
9, 2010. During the comment period, which initially closed March 11,
2010, and was subsequently extended for an additional 15-day period
ending April 8, 2010, the Department received 1,797 comments.
The majority of the comments received (1,271) expressed concern
about the increase in the passport book fees. Two hundred and twenty-
eight commenters cited the current economic climate as a reason to not
increase fees or requested that the Department wait until the economy
improves. The American Automobile Association (AAA) commented regarding
the possibility of citizens being deterred from purchasing a passport
or processing a renewal and how this would affect the travel business.
AAA recognized the need of the Department to cover its costs, but
suggested the changes be delayed until the nation shows further signs
of economic recovery. The American Association of Travel Agents (AATA)
described the increase in fees as being at ``cross-purposes'' with
efforts to stimulate business and adding costs to AATA's business.
Furthering its point, AATA argued that contrary to popular belief,
international travel generates revenue for American businesses. Rather
than arguing for no fee increases whatsoever, AATA requests that the
increases not be as great as proposed, in order to encourage travel
during an economic recession. Finally, United Air Lines, Inc., and the
U.S. Travel Association submitted a joint comment underscoring that the
change to the passport fee may deter international travel by U.S.
citizens and will represent as a substantial increase in costs to their
businesses as United Air Lines pays for the U.S. passports of its crew
members.
While the Department of State is aware of the financial impact this
fee increase may have on individuals and businesses, its passport
processing operations must be self-sustaining to the extent possible,
and it has accordingly set these fees at a level that will allow cost
recovery--and not more. The Department also maintains that the increase
in passport fees is not significant in comparison with the overall
costs of international travel.
One comment, submitted jointly by the Identity Project, the
Consumer Travel Alliance, the Center for Financial Privacy and Human
Rights, and John Gilmore (collectively, ``Identity Project''),
suggested that the Department ``should stop including RFID chips in
passports and passport cards, instead of increasing the fees to cover
the costs of RFID chips.'' Identity Project suggested that it would be
``more secure for passport holders'' and called the chips ``a
surveillance and control feature, not a security feature.'' While such
comments are not directly relevant to the fees proposed in this rule,
the Department would offer that the purpose of such chips is to provide
instant confirmation of, or a link to, electronic records that confirm
the document has not been altered and is in fact a genuine U.S.
passport document;
[[Page 36527]]
their purpose is not to permit the ``surveillance'' of passport
holders. The comment also insisted that passport requirements, such as
the Western Hemisphere Travel Initiative--particularly the requirement
of a passport book or card to enter and leave the United States--
violate the First Amendment rights of U.S. citizens, including the
right to assemble and the right to petition for redress of grievances.
The comment suggests that the Department should consider ``rescinding
or amending the WHTI regulations.'' Yet the change in passport fees
covered by this rule does not have an impact in this arena. The
Identity Project fails to recognize that WHTI was mandated by Congress,
and its requirements--including the requirement of a passport book or
card to enter or leave the United States--cannot be undone by the
Department. The Identity Project concluded that ``the Department should
eliminate RFID chips from passport books and cards, and eliminate the
requirement for U.S. citizens to have or display a passport or other
government-issued credential as a prerequisite to the exercise of their
Constitutional and international treaty rights to depart from, and
return to, U.S. territory, by any means and to or from any other
country or territory, or to or from international waters or airspace.''
Those aims are quite clearly outside the scope of this rule, which
merely modifies the fees charged to applicants for passport books and
cards.
Two commenters, including the Identity Project, questioned how the
Department decided to deviate from CoSS findings to keep the passport
card fee artificially low, below cost.
One of those comments urged the Department to identify and apply a
consistent standard to govern deviations from full-cost principles. The
Department does apply such a standard. Where the Department believes
that the provision of a given overseas citizens service is important,
yet setting the fee above a certain amount will deter U.S. citizens
overseas from taking advantage of it, the Department may make a policy
decision to offer the service at a reduced fee or at no fee. The
Department bases its estimate of the level at which U.S. citizens will
be deterred from taking advantage of the service by undertaking
extensive consultations with experienced consular officers and senior
Department managers. Included among these services are the Consular
Report of Birth Abroad (as explained elsewhere in this rule),
documenting renunciation of citizenship, and death and estate services.
Also included are several no-fee emergency services provided to U.S.
citizens in peril abroad or otherwise in an emergency situation. The
Department may also make a decision to set a given fee below cost where
the cost to the Department of providing the service is considerably
higher than comparable services in the United States, because the
overhead and support costs of operating overseas are much greater than
if the services were performed in the United States, such as notarial
services. See 31 U.S.C. 9701(b)(2) (user charge based on cost, value to
the recipient, public policy or interest served, and other relevant
facts).
Those commenters who argued that the Department sets the passport
card fee at an arbitrarily low level have, in the Department's view,
misconceived the purpose of the passport card, as articulated by
Congress. Members of Congress have indicated that the price of a
passport card should remain low compared to that of a passport book, in
order not to discourage American citizens who live near the nation's
land borders from crossing on a regular basis for a number of reasons,
including commerce, tourism and visiting family. In accordance with
this preference, the Department has determined that the cost of a
passport card should remain at the level established in this interim
final rule, even though the adjudication and production process for
passport cards is roughly the same as for passport books, and thus the
U.S. Government's costs are roughly the same. Another reason the price
of a passport card is lower than that of a passport book is that the
card omits the costs of no-fee overseas citizens services, since
travelers using the card are likely to be on relatively brief cross-
border trips such that most emergencies would be handled by travelers
relying on family members and services in the United States; such costs
are, however, included in the fee for the passport book. Twelve
comments addressed the increased cost of the passport cards directly,
but without articulating a specific concern other than the price
increase.
One hundred sixteen comments addressed the fact that individuals
could be deterred from purchasing a passport book with the intention of
using it to cross the Canadian or Mexican borders for travel and/or
business, due to the higher price of the book compared to the card. In
separate letters to Secretary of State Hilary Rodham Clinton,
Congressman Brian Higgins and Congressman Christopher Lee of New York
expressed concern that the increase in the price of passport books
would make them less affordable for the average American citizen, and
would discourage citizens from conducting cross-border commerce. As
noted above, the Department does not believe that individuals will be
deterred by the increased price of a passport from engaging in cross-
border travel. Moreover, for those who desire a less expensive product,
the passport card is available for cross-border land travel. As
explained, the Department has made the price of a passport card lower
than the cost associated with producing and adjudicating such cards
largely to ameliorate the impact of the Western Hemisphere Travel
Initiative's passport requirement on those living near our borders with
Canada and Mexico who cross frequently for a number of reasons
including commerce and visiting family. By keeping the card fee low,
cross-border business and travel is still a possibility without the
need to purchase the passport book at a higher price.
A handful of authors suggested means for encouraging the purchase
of passports by introducing certain programs such as non-profit
business discounts, family discounts for multiple purchasing, and
special senior citizen or student rates. As noted at several points
above, the Department sets its consular fees with the objective of full
cost recovery, though in some circumstances--such as with some overseas
citizen services whose costs are allocated to fees for passport books--
the Department has made a decision to set the fees lower than the full
cost of providing that particular service. In future fee-setting
exercises, the Department will consider this proposal for additional
services for which the fee for a particular service is below the cost
of providing that service. A comment from the National Association of
Passport and Visa Services (NAPV) requested that the Department allow
issuance of two passport books to a single individual for frequent
travelers: a regular ten-year-validity book, and another book with a
two-year period of validity. The second passport would allow
individuals to continue to travel internationally on one passport while
allowing them to submit the second passport to foreign governments for
visas for future travel, thereby accommodating the requirement of many
governments that passports be physically relinquished to their
embassies in order for the latter to process and affix the visa. NAPV
suggested a lower price point for the second passport book, but
according to the CoSS, the cost of printing and adjudication of such a
passport would be the same regardless of the length of time the second
book would be valid. NAPV suggests a limited cost recovery
[[Page 36528]]
solution to a problem, which it admits applies to only ``a select group
of frequent business travelers and airline pilots.'' The Department
does not believe that given the limited number of beneficiaries, the
proposal justifies charging below the full cost for these two-year
passport books and assigning the difference to the price of 10-year
passport books.
Twenty-two of the comments expressed support for the proposed fee
changes in order to provide added security to American citizens, travel
documents, and increase the level of service provided by the
Department.
Two hundred and thirty-seven comments were received regarding the
fee for additional passport visa pages. Most writers expressed concern
that a once-free service will now cost $82. The majority of those who
commented said they were business professionals who are required to
travel frequently for their jobs, and questioned how inserting pages
into a passport book could cost so much. Yet as explained in the
supplementary notice, 75 FR 14111, 14113, the cost of that service
includes not only the pages themselves, the employee time spent
affixing the pages into a passport, endorsing the passport, and
performing a quality-control check on the expanded passport; but also
the costs of trained labor, supervisors, and overhead; of performing a
name check of the applicant prior to providing the service, and a share
of the overall costs of no-fee emergency services provided to Americans
overseas--costs incorporated into and assigned across all passport book
services. The Department does offer a larger passport for travelers who
anticipate that they will need more visa pages. Any passport applicant
may request a larger book (52 pages, instead of the standard 28) at the
time of application for no additional fee. The Department will make
information about this option more widely available to customers both
domestically and overseas, to ensure that applicants are able to take
advantage of it.
Over one hundred comments requested that the Department raise the
execution fee for passports (Item 1 on the Schedule of Fees). Those who
commented are predominantly county clerks from border states whose
offices serve as passport acceptance agencies along with the U.S.
Postal Service (USPS). In total, the Department partners with
approximately 9,400 acceptance agencies, the majority of which are U.S.
Post Offices. The execution fee was lowered in 2008 from $30 to $25,
and remains at $25 in the current Schedule of Fees. Most of these
comments stated that the current $25 does not cover the facilities'
existing costs, citing in particular the increased costs associated
with the institution of a requirement in 2009 that traceable mail be
used to forward all applications to the Department for processing. The
Department arrived at the current fee of $25 based on a unit cost
agreed upon by USPS and the Department's Consular Affairs Passport
Services Office in 2008. The Department is willing to review and, if
necessary, set a new amount for the execution fee, but will do so based
on actual cost data. The Department will engage with USPS and its other
acceptance agency partners in the coming year to update existing cost
estimates for performing this service, and will analyze whether a fee
increase is warranted.
Twenty comments addressed the fee for documentary services,
generally expressing the concern that the fees the Department charges
for notarial services overseas are far greater than the fees banks and
other offices charge for such services domestically. The costs of
performing such services overseas--by expatriate staff, in secure
buildings--is in fact higher than it might be at a U.S. bank. Despite
the increase, the cost to the Department of providing these services is
still greater than is being charged to the public, as explained in the
section entitled ``Providing Documentary Services'' in the
supplementary information above.
One comment questioned whether the increase of the fee for
processing letters rogatory was reasonable. This individual agreed with
the increase in passport book fees and described them--incorrectly--as
a routine increase fostered by the recent backlog and demand for the
document. With regard to the fee for processing letters rogatory,
however, the commenter was concerned whether the fee would be too
financially burdensome on those who need such services and must pay for
them. Yet letter rogatory services are complex and time-consuming,
generally stretching over months and requiring a considerable amount of
consular time and resources. Some of the activities involved in
performing letter rogatory services are described in the supplementary
notice, 75 FR 14111, 14113. These services are relatively infrequent--
there were only 449 performed in FY 2008, the last base year used in
the CoSS--and the requests are varied, covering both criminal and civil
matters ranging from family law to business litigation. The fee for
this service is also generally minor compared to the overall expenses
related to litigation. Moreover, the Department provides information to
the public on alternative methods of seeking judicial assistance and
actively recommends international conventions on judicial assistance,
such as the Hague Service and Evidence Conventions, for the
consideration of countries that are not yet parties to these
agreements. The United States has treaty relationships concerning
judicial assistance with over 70 countries, and the number of countries
that do not have alternative procedures to the letters rogatory
procedure is small. The impact of the price increase for these services
will therefore be limited in scope.
Several authors claimed that the increase in the cost of the
application for a Consular Report of Birth Abroad (CRBA) of a citizen
of the United States will deter American citizens from declaring the
birth of children born abroad. The fee is substantially less than the
cost, $100 compared to a cost of $197.28. The Department decided to
charge less than cost precisely to prevent American citizens from being
deterred from declaring the birth of a child while overseas which would
be detrimental to national interests. Two commenters in a joint
submission complained that the Department has failed to provide data to
support its concern that too high a CRBA fee might deter U.S. citizen
parents from properly documenting their child's birth. As discussed
above, the Department based this determination on its extensive
experience in the area. Moreover, a situation of undocumented birth
often creates serious problems for the child in the future when he or
she attempts to prove his or her citizenship for purposes of acquiring
a U.S. passport or obtaining another benefit of U.S. citizenship. For
these reasons, the Department has made a policy decision to keep the
CRBA fee as affordable as possible, even though the cost to the U.S.
Government of processing a CRBA is higher than $100. See 31 U.S.C.
9701(b)(2). Other CRBA-related comments cited challenges regarding the
exchange rate affecting the cost of this service and the lack of need
should the child qualify for citizenship of the nation of residence.
With respect to the latter submission, while the Department encourages
parents to document the birth of a U.S. citizen--including one who
holds another country's citizenship as well--whether parents choose to
do so is at their discretion.
Some commenters argued that the fee for documentation for
renunciation of citizenship--$450--is too costly, especially since that
service has heretofore been provided at no charge. The Department has
determined that it must recoup at least a portion of its
[[Page 36529]]
costs of providing this very costly service. In order to lessen the
impact on those who need this service and not discourage the
utilization of the service, the Department decided to set the fee at
$450, less than 25 percent of the cost to the U.S. Government. See 31
U.S.C. 9701(b)(2).
Seven comments, including the previously referenced joint comment
from United Air Lines and the U.S. Travel Association, requested more
information on the Cost of Service Study itself. In response, the
Department published the supplementary notice of March 24, 2010, see 75
FR 14111, and allowed an additional 15 days for public comment. The
Department received one further comment from United Airlines and the
U.S. Travel Association, on April 8, 2010, within the 15-day period.
That comment made an additional request for actual cost and related
data and specifically requested: Specific inputs used to determine cost
for the U.S. passport book and passport card; that the Department
confirm how the CoSS ensured that administrative support costs were
correctly attributed to individual consular services and that these
costs for positions not dedicated to fee-based consular activities were
excluded from the CoSS; and that the Department confirm whether the
CoSS accounted for the transition to the DS-160 electronic nonimmigrant
visa application. United Air Lines and the U.S. Travel Association also
requested that the Department suspend final publication of the rules,
release additional data supporting its proposed fee increases, and hold
a public meeting to address questions from the public.
Concerning the request for specific inputs used to determine the
cost for the U.S. passport book and card, such data sets are being
published in the Federal Register together with this rule. With regard
to the question of administrative support costs and the DS-160, the
Department has addressed those concerns of United and the U.S. Travel
Association in the interim final rule concerning MRV and BCC fees, at
75 FR 28188 (May 20, 2010), and directs the reader to the discussion
there.
Based on a review of all the comments, the Department has
determined that it is unnecessary to suspend publication of this
interim final rule pending release of additional data or a public
meeting, though it will provide an additional post-promulgation comment
period of 60 days, and will consider any comments received prior to
publishing the rule in final form. As explained above, the Department
has provided information regarding the basis for the fee changes in the
notice of proposed rulemaking on February 9, 2010, provided significant
additional information in response to the requests of United Air Lines,
the U.S. Travel Association, and others in a supplemental notice dated
March 24, 2010. The Department has provided the public a total of 45
days in which to make comments concerning the proposed fee changes. The
Department determined that a supplemental written notice would provide
more useful information and reach a broader public audience than a
public meeting.
Regulatory Findings
Administrative Procedure Act
The Department is issuing this interim final rule with an effective
date 15 days from the date of publication. The Administrative Procedure
Act permits a final rule to become effective fewer than 30 days after
the publication if the issuing agency finds good cause. 5 U.S.C.
553(d)(3). The Department finds that good cause exists for an early
effective date in this instance for the following reasons.
As stated in the supplementary information above, the Department's
mandate is to align as closely as possible its user fees for consular
services with the actual, measured costs of those services. This
enables better cost recovery and ensures that U.S. taxpayers do not
subsidize consular services. 31 U.S.C. 9701; OMB Circular A-25. See
also GAO-08-386SP, Federal User Fees: A Design Guide. The CoSS, which
supports the fees set by this rule, used data from past years, as well
as predictive data for Fiscal Years 2010 and 2011, to determine the
amount of the fees set by this rule. The fees currently charged by the
Department cover less than 73 percent of the underlying services' true
cost. On a monthly basis, taxpayers are paying $23.9 million in unmet
costs for consular services that should be borne by those who actually
benefit from those services. In the current economic climate, this
shortfall is unusually grave, exacerbating budgetary pressures and
threatening other critical Department priorities. It is thus in the
public's interest to make the appropriated funds currently used to fill
this gap available as soon as possible.
For these reasons, and because the public's level of preparation
for this fee increase is unlikely to be meaningfully improved by 15
additional days of advance warning, the Department finds that good
cause exists for making this rule effective after 15 days of its
publication as an interim final rule.
Regulatory Flexibility Act
The Department, in accordance with the Regulatory Flexibility Act,
5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies
that the proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities as defined in
5 U.S.C. 601(6). This rule raises the application and processing fee
for passports, immigrant visas, and American citizen services. The
Department of State estimates that the agency will process 16,000 total
employment-based immigrant visa applications, all of which fall into
the E-1, E-2, E-3, E-4, and E-5 categories. (Note: The Department of
Homeland Security processes domestic adjustment of status for
approximately 90 percent of all employment-based immigrants; cases
processed domestically do not pay Department of State fees.) The
issuance of some ``E'' category employment-based immigrant visas may be
contingent upon approval by DHS of a petition filed by a United States
company, and these companies pay a fee to DHS to cover the processing
of the petition. The amount of the petition fees that are paid by small
entities to DHS is not controlled by the amount of the visa fees paid
by individuals to the Department of State. The visa itself is sought
and the application processing fees are paid for by an individual
foreign national overseas who seeks to immigrate to the United States.
The Department of State does not track applications for employment-
based visas by the size and nature of the petitioning businesses, and
therefore cannot identify the share of this impact on the small
businesses versus large businesses. While some employers may choose to
reimburse application costs, small businesses are not required by law
to reimburse the individuals, and therefore no small businesses will be
impacted. Additionally, while small entities sometimes pay judicial
service fees if required for legal matters with foreign companies, they
do so in very limited circumstances and in small numbers. For instance,
worldwide in FY 2009, embassies and consulates arranged only 123
depositions and processed only 156 letters rogatory.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector, of $1
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
[[Page 36530]]
Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501-1504.
Executive Order 13175
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 Section 5 of Executive Order 13175 do
not apply to this rulemaking.
Small Business Regulatory Enforcement Fairness Act of 1996/
Congressional Review Act
As required by 5 U.S.C. 801, the Department will submit to Congress
a report regarding the issuance of this interim final rule. The report
will state that it has been determined that the interim final rule is a
``major rule'' as defined by 5 U.S.C. 804(2). As noted in the
discussion regarding the Administrative Procedure Act, and for the same
reasons, the Department finds good cause that the effective date of
this major rule be fifteen days after its publication as an interim
final rule, since an additional 60-day delay in the effective date is
impracticable and contrary to the public interest. 5 U.S.C. 808(2).
Executive Order 12866
OMB considers this rule to be an economically significant
regulatory action under Executive Order 12866, section 3(f)(1),
Regulatory Planning and Review, Sept. 30, 1993, because it is likely to
have an annual effect on the economy of $100 million or more. 58 Fed.
Reg. 51735. This rule is necessary in light of the Department of
State's CoSS finding that the cost of processing passports and
immigrant visas and of providing other consular services has generally
increased since the fees were last set. The Department is setting the
fees in accordance with 31 U.S.C. 9701 and other applicable authority,
as described in more detail above. See, e.g., 31 U.S.C. 9701(b)(2)(A)
(``The head of each agency * * * may prescribe regulations establishing
the charge for a service or thing of value provided by the agency * * *
based on * * * the costs to the Government.''); OMB Circular A-25, ]
6(a)(2)(a). This regulation sets the fees for passports, immigrant
visas, and other consular services at the amount required to recover
the costs associated with providing the service in question, as
explained in the preamble.
Accordingly, this rule has been submitted to OMB for review.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Consequent
Number of fees total increase
Item Proposed fee Current fee Change in fee Percentage increase collected in in fees
FY09 assuming FY09
workloads
--------------------------------------------------------------------------------------------------------------------------------------------------------
2(a). Passport Book $70.................. $55................. $15................. 27%................. 9,207,088 $138,106,320
Application Services for
Applicants age 16 or over
(including renewals).
2(c). Additional passport 82................... 0................... 82.................. undefined........... 207,810 17,040,420
visa pages.
2(g). Passport Book Security 40................... 20.................. 20.................. 100................. 11,935,556 238,711,120
Surcharge.
6. File search and 150.................. 60.................. 90.................. 150................. 11,192 1,007,280
verification of U.S.
citizenship.
7. Application for Consular 100.................. 65.................. 35.................. 54.................. 58,198 2,036,930
Report of Birth Abroad of a
Citizen of the United States.
8. Documentation of formal 450.................. 0................... 450................. undefined........... 1,188 534,600
renunciation of U.S.
citizenship.
9(a). Passport Card 30................... 20.................. 10.................. 50.................. 1,196,078 11,960,780
Application Services for
Applicants age 16 or over
(including renewals).
9(b). Passport Card 15................... 10.................. 5................... 50.................. 354,451 1,772,255
Application Services for
Applicants under age 16.
14(b). Making arrangements 200 plus expenses.... Consular time (Item -65 per hour........ -25 per hour........ 426 -27,690
for a deceased non-U.S. 75) plus expenses.
citizen family member.
32(a). Immigrant visa 330.................. 355................. -25................. -7.................. 500,732 -12,518,300
application processing for
immediate relative and
family preference
applications.
32(b). Immigrant visa 720.................. 355................. 365................. 103................. 16,691 6,092,215
application processing for
employment-based
applications.
32(c). Immigrant visa 305.................. 355................. -50................. -14................. 58,131 -2,906,550
application processing for
other visa classes.
33. Diversity Visa Lottery 440.................. 375................. 65.................. 17.................. 53,490 3,476,850
fee.
34. Affidavit of Support 88................... 70.................. 18.................. 26.................. 311,038 5,598,684
Review.
35(a). Determining Returning 380.................. 400................. -20................. -5.................. 1,611 -32,220
Resident Status.
36. Immigrant visa security 74................... 45.................. 29.................. 64.................. 575,554 16,691,066
surcharge.
41(a). Providing notarial 50................... 30.................. 20.................. 67.................. 128,818 2,576,360
service: First service.
41(b). Providing notarial 50................... 20.................. 30.................. 150................. 60,782 1,823,460
service: Each additional
seal.
[[Page 36531]]
42(a). Certification of a 50................... 30.................. 20.................. 67.................. 15,611 312,220
true copy or that no record
of an official file can be
located: First copy.
42(b). Certification of a 50................... 20.................. 30.................. 150................. 3,099 92,970
true copy or that no record
of an official file can be
located: Each additional
copy.
43(a-f). Provision of 50................... 30.................. 20.................. 67.................. 29,425 588,500
documents, certified copies
of documents, and other
certifications by the
Department of State
(domestic).
44. Authentications (44a-d).. 50................... 30.................. 20.................. 67.................. 18,863 377,260
51. Processing letters 2,275................ 735................. 1,540............... 210................. 156 240,240
rogatory and Foreign
Sovereign Immunities Act
(FSIA) judicial assistance
cases.
52(a). Scheduling/arranging 1,283................ 475................. 808................. 170................. 123 99,384
appointments for depositions.
52(b). Attending or taking 309 per hour plus 265 per hour plus 44 per hour......... 17.................. 38 1,672
depositions, or executing expenses. expenses.
commissions to take
testimony.
52(e). Providing seal and 415.................. 70.................. 345................. 493................. 16 5,520
certification of depositions.
75. Consular time charges.... 231.................. 265................. -34................. -13................. 70 -2,380
--------------------------------------------------------------------------------------------------------------------------------------------------------
Details of the proposed fee changes are as follows:
The Department of State does not anticipate that demand for
passport, immigrant visa, and other services affected by this rule will
change significantly due to these fee changes.
With regard to immigrant visas, many categories are numerically
capped; these caps artificially limit workload and keep current demand
fairly stable. In FY 2009, the Department issued all available
immigrant visas in employment-based categories (capped at 140,000
including adjustments of status processed domestically by the
Department of Homeland Security). In FY 2009, the Department issued 96
percent of the immigrant visas available under the Diversity Visa
program (capped at 50,000 including adjustments of status processed
domestically by the Department of Homeland Security). Also in FY 2009,
the Department issued 96 percent of the immigrant visas available for
family-preference categories (capped at 226,000 including adjustments
of status processed domestically by the Department of Homeland
Security). When fewer visas were issued than were available under the
numerical cap, it was generally due to administrative processing issues
rather than lack of demand. There are nearly 3.5 million applicants
currently awaiting numerically controlled visas, sufficient to fill
more than eight years' workload at the current annual caps. It is
reasonable to expect that the immigrant visa workload for FY 2010 and
FY 2011 will remain about the same as FY 2009. These estimates do not
take into account variables that the Department cannot predict at this
time, such as legislative changes.
With regard to passports, the Department does not believe that
passport application fees are a significant determining factor when
Americans decide to travel internationally. The price of a passport
book or card remains minimal in comparison with other costs associated
with foreign travel. For example, taxes and surcharges alone on an
international airfare can easily surpass $100, and many airlines charge
substantial fees for checking bags. As a result, the Department does
not believe passport demand will be significantly affected by increases
of the size proposed. In addition, the Western Hemisphere Travel
Initiative has now been fully implemented, and there is no new
regulatory impetus for passport demand on the horizon; passport demand
is expected to remain relatively stable in the near term.
Executive Orders 12372 and 13132
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 rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Paperwork Reduction Act
This rule does not impose or alter any reporting or recordkeeping
requirements.
List of Subjects in 22 CFR Parts 22 and 51
Consular services, Fees, Passports and visas.
0
Accordingly, for the reasons stated in the preamble, 22 CFR part 22 and
part 51 are amended as follows:
PART 22--[AMENDED]
0
1. The authority citation for part 22 is revised to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351,
1351 note, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note;
22 U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 4206, 4215, 4219,
6551; 31 U.S.C. 9701; Exec.
[[Page 36532]]
Order 10718, 22 FR 4632; Exec. Order 11295, 31 FR 10603.
0
2. Revise Sec. 22.1 to read as follows:
Sec. 22.1 Schedule of fees.
The following table sets forth the U.S. Department of State's
Schedule of Fees for Consular Services:
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
Passport and Citizenship Services
------------------------------------------------------------------------
1. Passport Book or Card Execution: Required for $25.
first-time applicants and others who must apply
in person (Applicants applying for both the
book and card simultaneously on the same
application pay only one execution fee.).
2. Passport Book Application Services for:
(a) Applicants age 16 or over (including $70.
renewals).
(b) Applicants under age 16................. $40.
(c) Additional passport visa pages.......... 82.
(d) Passport book replacement for name NO FEE.
change if submitted within one year of
passport issuance.
(e) Passport book replacement for passport NO FEE.
book limited in validity if submitted
within one year of passport issuance.
(Passport books limited in validity because
of multiple losses, thefts, damage, or
mutilations cannot be replaced).
(f) Passport book replacement for data NO FEE.
correction (name, date of birth, place of
birth, sex printed erroneously) if
submitted within one year of passport
issuance.
(g) Passport Book Security Surcharge $40.
(Enhanced Border Security Fee).
3. Expedited service: Passport processing within $60.
the expedited processing period published on
the Department's website (see 22 CFR 51.56(b))
and/or in-person service at a U.S. Passport
Agency (not applicable abroad).
4. Exemptions: The following applicants are
exempted from all passport fees listed in Item
2 above:
(a) Officers or employees of the United NO FEE.
States and their immediate family members
(22 U.S.C. 214) and Peace Corps Volunteers
and Leaders (22 U.S.C. 2504(h)) proceeding
abroad or returning to the United States in
the discharge of their official duties.
(b) U.S. citizen seamen who require a NO FEE.
passport in connection with their duties
aboard an American flag vessel (22 U.S.C.
214(a)).
(c) Widows, children, parents, or siblings NO FEE.
of deceased members of the Armed Forces
proceeding abroad to visit the graves of
such members (22 U.S.C. 214(a)).
(d) Employees of the American National Red NO FEE.
Cross proceeding abroad as members of the
Armed Forces of the United States (10
U.S.C. 2602(c)).
5. Travel Letter: Provided in rare, life-or- NO FEE unless consular
death situations as an emergency accommodation time charges (Item
to a U.S. citizen returning to the United 75) apply.
States when the consular officer is unable to
issue a passport book.
6. File search and verification of U.S. $150.
citizenship: When applicant has not presented
evidence of citizenship and previous records
must be searched (except for an applicant
abroad whose passport was stolen or lost abroad
or when one of the exemptions is applicable).
7. Application for Consular Report of Birth $100.
Abroad of a Citizen of the United States.
8. Documentation of formal renunciation of U.S. $450.
citizenship.
9. Passport Card Application Services for:
(a) Applicants age 16 or over (including $30.
renewals) [Adult Passport Card].
(b) Applicants under age 16 [Minor Passport $15.
Card].
(c) Passport card replacement for name NO FEE.
change if submitted within one year of
passport issuance.
(d) Passport card replacement for data NO FEE.
correction (name, date of birth, place of
birth, sex printed erroneously) if
submitted within one year of passport
issuance.
(Item 10 vacant.)
------------------------------------------------------------------------
Overseas Citizens Services
Arrests, Welfare and Whereabouts and Related Services
------------------------------------------------------------------------
11. Arrest and prison visits.................... NO FEE.
12. Assistance regarding the welfare and NO FEE.
whereabouts of a U.S. Citizen, including child
custody inquiries and processing of
repatriation and emergency dietary assistance
loans.
(Item 13 vacant.)
------------------------------------------------------------------------
Death and Estate Services
------------------------------------------------------------------------
14. Assistance to next-of-kin:
(a) After the death of a U.S. citizen abroad NO FEE.
(providing assistance in disposition of
remains, making arrangements for shipping
remains, issuing Consular Mortuary
Certificate, and providing up to 20
original Consular Reports of Death).
(b) Making arrangements for a deceased non- $200 plus expenses.
U.S. citizen family member (providing
assistance in shipping or other disposition
of remains of a non-U.S. Citizen).
15. Issuance of Consular Mortuary Certificate on $60.
behalf of a non-U.S. Citizen.
16. Acting as a provisional conservator of
estates of U.S. Citizens:
(a) Taking possession of personal effects; NO FEE.
making an inventory under an official seal
(unless significant time and/or expenses
incurred).
(b) Overseeing the appraisal, sale, and NO FEE.
final disposition of the estate, including
disbursing funds, forwarding securities,
etc. (unless significant time and/or
expenses incurred).
[[Page 36533]]
(c) For services listed in Item 16(a) or (b) Consular time (Item
when significant time and/or expenses are 75) plus expenses.
incurred.
(Items 17 through 20 vacant.)
------------------------------------------------------------------------
Nonimmigrant Visa Services
------------------------------------------------------------------------
21. Nonimmigrant visa application and border
crossing card processing fees (per person):
(a) Non-petition-based nonimmigrant visa $140.
(except E category).
(b) H, L, O, P, Q and R category $150.
nonimmigrant visa.
(c) E category nonimmigrant visa............ $390.
(d) K category nonimmigrant visa............ $350.
(e) Border crossing card--age 15 and over $140.
(valid 10 years).
(f) Border crossing card--under age 15; for $14.
Mexican citizens if parent or guardian has
or is applying for a border crossing card
(valid 10 years or until the applicant
reaches age 15, whichever is sooner).
22. EXEMPTIONS from nonimmigrant visa
application processing fee:
(a) Applicants for A, G, C-3, NATO and NO FEE.
diplomatic visas as defined in 22 CFR 41.26.
(b) Applicants for J visas participating in NO FEE.
official U.S. Government-sponsored
educational and cultural exchanges.
(c) Replacement Machine-Readable Visa when NO FEE.
the original visa was not properly affixed
or needs to be reissued through no fault of
the applicant.
(d) Applicants exempted by international NO FEE.
agreement as determined by the Department,
including members and staff of an observer
mission to United Nations Headquarters
recognized by the UN General Assembly, and
their immediate families.
(e) Applicants traveling to provide NO FEE.
charitable services as determined by the
Department.
(f) U.S. Government employees traveling on NO FEE.
official business.
(g) A parent, sibling, spouse, or child of a NO FEE.
U.S. Government employee killed in the line
of duty who is traveling to attend the
employee's funeral and/or burial; or a
parent, sibling, spouse, son, or daughter
of a U.S. Government employee critically
injured in the line of duty for visitation
during emergency treatment and
convalescence.
23. Nonimmigrant visa issuance fee, including RECIPROCAL.
border-crossing cards (Reciprocity Fee).
24. EXEMPTIONS from nonimmigrant visa issuance
fee:
(a) An official representative of a foreign NO FEE.
government or an international or regional
organization of which the U.S. is a member;
members and staff of an observer mission to
United Nations Headquarters recognized by
the UN General Assembly; and applicants for
diplomatic visas as defined under Item
22(a); and their immediate families.
(b) An applicant transiting to and from the NO FEE.
United Nations Headquarters.
(c) An applicant participating in a U.S. NO FEE.
Government-sponsored program.
(d) An applicant traveling to provide NO FEE.
charitable services as determined by the
Department.
25. Fraud prevention and detection fee for visa $500.
applicant included in L blanket petition
(principal applicant only).
(Items 26 through 30 vacant.)
------------------------------------------------------------------------
Immigrant and Speical Visa Services
------------------------------------------------------------------------
31. Filing immigrant visa petition (collected
for USCIS and subject to change)
(a) Petition to classify status of alien For fee amount, see 8
relative for issuance of immigrant visa. CFR 103.7(b)(1).
(b) Petition to classify orphan as an For fee amount, see 8
immediate relative. CFR 103.7(b)(1).
32. Immigrant visa application processing fee
(per person)
(a) Immediate relative and family preference $330.
applications.
(b) Employment-based applications........... $720.
(c) Other immigrant visa applications $305.
(including Diversity Visa applicants, I-360
self-petitioners, special immigrant visa
applicants).
(d) Certain Iraqi and Afghan special NO FEE.
immigrant visa applications (per 8 U.S.C.
1101 note; 11 U.S.C. 1157 note).
33. Diversity Visa Lottery fee (per person $440.
applying as a result of the lottery program).
34. Affidavit of Support Review (only when $88.
reviewed domestically).
35. Special visa services:
(a) Determining Returning Resident Status... $380.
(b) Transportation letter for Legal $165.
Permanent Residents of the United States.
(c) Waiver of two-year residency requirement $215.
(d) Waiver of immigrant visa ineligibility For fee amount, see 8
(collected for USCIS and subject to change). CFR 103.7(b)(1).
(e) Refugee or significant public benefit NO FEE.
parole case processing.
36. Immigrant visa security surcharge........... $74.
(Items 37 through 40 vacant.)
------------------------------------------------------------------------
Documentary Services
------------------------------------------------------------------------
41. Providing notarial service:
(a) First service (seal).................... $50.
(b) Each additional seal provided at the $50.
same time in connection with the same
transaction.
[[Page 36534]]
42. Certification of a true copy or that no
record of an official file can be located (by a
post abroad):
(a) First Copy.............................. $50.
(b) Each additional copy provided at the $50.
same time.
43. Provision of documents, certified copies of
documents, and other certifications by the
Department of State (domestic):
(a) Documents relating to births, marriages, $50.
and deaths of U.S. citizens abroad
originally issued by a U.S. embassy or
consulate.
(b) Issuance of Replacement Report of Birth $50.
Abroad.
(c) Certified copies of documents relating $50.
to births and deaths within the former
Canal Zone of Panama from records
maintained by the Canal Zone Government
from 1904 to September 30, 1979.
(d) Certifying a copy of a document or $50.
extract from an official passport record.
(e) Certifying that no record of an official $50.
file can be located.
(f) Each additional copy provided at same $50.
time.
44. Authentications (by posts abroad):
(a) Authenticating a foreign notary or other $50.
foreign official seal or signature.
(b) Authenticating a U.S. Federal, State, or $50.
territorial seal.
(c) Certifying to the official status of an $50.
officer of the U.S. Department of State or
of a foreign diplomatic or consular officer
accredited to or recognized by the U.S.
Government.
(d) Each authentication..................... $50.
45. Exemptions: Notarial, certification, and
authentication fees (Items 41-44) or passport
file search fees (Item 6) will not be charged
when the service is performed:
(a) At the direct request of any Federal NO FEE.
Government agency, any state or local
government, the District of Columbia, or
any of the territories or possessions of
the United States (unless significant costs
would be incurred).
(b) With respect to documents to be NO FEE.
presented by claimants, beneficiaries, or
their witnesses in connection with
obtaining Federal, state, or municipal
benefits.
(c) For U.S. citizens outside the United NO FEE.
States preparing ballots for any public
election in the United States or any of its
territories.
(d) At the direct request of a foreign NO FEE.
government or an international agency of
which the United States is a member if the
documents are for official noncommercial
use.
(e) At the direct request of a foreign NO FEE.
government official when appropriate or as
a reciprocal courtesy.
(f) At the request of direct-hire U.S. NO FEE.
Government personnel, Peace Corps
volunteers, or their dependents stationed
or traveling officially in a foreign
country.
(g) With respect to documents whose NO FEE.
production is ordered by a court of
competent jurisdiction.
(h) With respect to affidavits of support NO FEE.
for immigrant visa applications.
(i) With respect to endorsing U.S. Savings NO FEE.
Bonds Certificates.
(Items 46 through 50 vacant.)
------------------------------------------------------------------------
Judicial Assistance Services
------------------------------------------------------------------------
51. Processing letters rogatory and Foreign $2,275.
Sovereign Immunities Act (FSIA) judicial
assistance cases, including providing seal and
certificate for return of letters rogatory
executed by foreign officials.
52. Taking depositions or executing commissions
to take testimony:
(a) Scheduling/arranging appointments for $1,283.
depositions, including depositions by video
teleconference (per daily appointment).
(b) Attending or taking depositions, or $309 per hour plus
executing commissions to take testimony expenses.
(per hour or part thereof).
(c) Swearing in witnesses for telephone Consular time (Item
depositions. 75) plus expenses.
(d) Supervising telephone depositions (per Consular time (Item
hour or part thereof over the first hour). 75) plus expenses.
(e) Providing seal and certification of $415.
depositions.
53. Exemptions: Deposition or executing
commissions to take testimony. Fees (Item 52)
will not be charged when the service is
performed:
(a) At the direct request of any Federal NO FEE.
Government agency, any state or local
government, the District of Columbia, or
any of the territories or possessions of
the United States (unless significant time
required and/or expenses would be incurred).
(b) Executing commissions to take testimony NO FEE.
in connection with foreign documents for
use in criminal cases when the commission
is accompanied by an order of Federal court
on behalf of an indigent party.
(Items 54 through 60 vacant.)
------------------------------------------------------------------------
Services Relating to Vessels and Seamen
------------------------------------------------------------------------
61. Shipping and Seaman's services: Including Consular time (Item
but not limited to recording a bill of sale of 75) plus expenses.
a vessel purchased abroad, renewal of a marine
radio license, and issuance of certificate of
American ownership.
(Items 62 through 70 vacant.)
------------------------------------------------------------------------
Administrative Services
------------------------------------------------------------------------
71. Non-emergency telephone calls............... $10 plus long distance
charge.
[[Page 36535]]
72. Setting up and maintaining a trust account: $30.
For 1 year or less to transfer funds to or for
the benefit of a U.S. citizen in need in a
foreign country.
73. Transportation charges incurred in the Expenses incurred.
performance of fee and no-fee services when
appropriate and necessary.
74. Return check processing fee................. $25.
75. Consular time charges: As required by this $231.
Schedule and for fee services performed away
from the office or during after-duty hours (per
hour or part thereof/per consular employee).
76. Photocopies (per page)...................... $1.
(Items 77 through 80 vacant.)
------------------------------------------------------------------------
PART 51--[PASSPORTS]
0
3. 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,
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, 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; 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
4. In Sec. 51.51, revise paragraph (d) to read as follows:
Sec. 51.51 Passport fees.
* * * * *
(d) A surcharge in the amount of twenty-two dollars ($22) on the
filing of each application for a passport book, in the amount of
twenty-two dollars ($22) on the filing of each application for a
passport card for an applicant age 16 or over, and in the amount of
fifteen dollars ($15) on the filing of each application for a passport
card for an applicant under age 16, in order to cover the costs of
meeting the increased demand for passports as a result of actions taken
to comply with section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458 (8 U.S.C. 1185 note). The
surcharge will be recovered by the Department of State from within the
passport application fee reflected in the Schedule of Fees for Consular
Services.
Dated: June 22, 2010.
Patrick F. Kennedy,
Under Secretary of State for Management, Department of State.
[FR Doc. 2010-15622 Filed 6-25-10; 8:45 am]
BILLING CODE 4710-06-P
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