[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Proposed Rules]
[Pages 63478-63485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30838]
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DEPARTMENT OF STATE
22 CFR Parts 22, 51, and 53
[Public Notice 2653]
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State Department.
ACTION: Proposed rule.
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SUMMARY: This proposed rule sets forth the fees for consular services
that are proposed to take effect on February 1, 1998, and makes
appropriate implementing and other related changes in affected portions
of title 22 of the Code of Federal Regulations. Specifically, the rule
makes changes in the Schedule of Fees for Consular Services (``Schedule
of Fees'' or ``Schedule'') published in 22 CFR section 22.1 and makes
technical changes to 22 CFR Part 51 (concerning passport fees) and 22
CFR Part 53. The changes to the Schedule of Fees include adjustments to
existing fees and a new processing fee for diversity visa applicants
(see 22 CFR 42.33(i)), for which the proposed rule was published in the
Federal Register on June 16, 1997. The primary objective of the
proposed adjustments to the Schedule of Fees is to ensure that the
Department recovers the costs of consular services through user fees to
the maximum extent appropriate and permitted by law. As a result of new
data on the cost of services, the passport fee is being lowered while
most other fees are being increased. In addition, the proposed Schedule
of Fees is being restructured and streamlined. Fees for antiquated
services no longer performed are being removed and fees for other
services are being consolidated or more appropriately located, making
the proposed Schedule easier to read and understand. Consular services
that will be performed for no fee are being added to the Schedule to
facilitate tracking the costs of these services and to inform the
public of all significant consular services provided by the Department.
DATES: Written comments must be received on or before December 31,
1997.
ADDRESSES: Interested persons are invited to submit comments to: Office
of the Executive Director, Bureau of Consular Affairs, Room 4820A,
Department of State, Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT: Sally Light, Office of the Executive
Director, Bureau of Consular Affairs, telephone (202) 647-1148; telefax
(202) 647-3677.
SUPPLEMENTARY INFORMATION:
Background
The majority of the Department of State's consular fees are
established pursuant to the general user charges statute, 31 U.S.C.
9701, and/or 22 U.S.C. 4219, which, as implemented through Executive
Order 10718 of June 27, 1957, authorizes the Secretary of State to
establish fees to be charged for official services by embassies and
consulates. Fees established under these authorities include fees for
immigrant visas, for expedited passport processing, for fingerprints
and FBI name checks, and for overseas consular services. In addition, a
number of statutes address specific fees: Passport issuance fees are
authorized by 22 U.S.C. 214, as are fees for the execution of passport
applications. Section 636 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009-
703-704 (Sept. 30, 1996), authorizes establishment of a diversity visa
application fee to recover the full costs of the visa lottery conducted
pursuant to Sections 203 and 222 of the Immigration and Nationality Act
(``INA''), 8 U.S.C. 1153, 1202. (The Department published a proposed
rule establishing that fee on June 16, 1997.) Nonimmigrant visa
reciprocity fees are authorized pursuant to Section 281 of the INA , 8
U.S.C. 1351. The establishment of a nonimmigrant visa processing fee
for machine readable visas (commonly known as the ``MRV fee'')
notwithstanding Section 281 of the INA is authorized by Section 140(a)
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995,
Pub. L. 103-236, 108 Stat. 399 (April 30, 1994), as amended. Certain
persons are exempted by law from payment of specific fees. (These
statutory exemptions are noted in the fee schedule.) Various statutes
also permit the Department to retain some of the consular fees it
collects. These are, at present, the MRV fee, the passport expedite
fee, the fingerprint fee, and the diversity visa lottery fee.
With the exception of nonimmigrant visa reciprocity fees, which are
established based on the practices of other countries, all consular
fees are established on a basis of cost recovery and in a manner
consistent with general user charges principles, regardless of the
specific statutory authority under which they are promulgated. The
Department of State is required to review consular fees periodically to
determine the appropriateness of each fee in light of
[[Page 63479]]
applicable provisions of OMB Circular A-25, which addresses the
establishment of user charges. Those guidelines state that services
that directly benefit individuals, organizations, or groups should be
paid for by the users rather than general taxpayers. Services performed
for the primary benefit of the general public or the U.S. Government,
however, should be supported by tax revenues. The changes set forth in
the proposed Schedule of Fees reflect those guidelines. For example,
new user fees have been added for a few consular services which
directly benefit individuals but now are provided for no fee at
taxpayer expense.
Consistent with OMB Circular A-25, from September 1995 to September
1996, the Department conducted a cost-of-service study to determine the
direct and indirect costs associated with each consular service the
Department provides, using fiscal year 1995 data. The study was
supervised by the Bureau of Consular Affairs and performed with the
assistance of an outside contractor. The contractor and Department
staff surveyed and visited domestic and overseas consular sites
handling approximately half of all consular services worldwide in FY
1995. In conducting the cost study, the contractor used the activity-
based costing (``ABC'') methodology, which measures the cost and
performance of activities, resources, and cost objects related to the
delivery of specific products and services. The ABC methodology was
used to determine direct labor costs to deliver each identified
consular service. The costs of materials and supplies, overhead
support, and general and administrative support were also included, to
ensure that the full cost of service was captured. This methodology
resulted in a more accurate determination of the Department's costs in
providing consular services, and will permit better management of such
costs and services in the future. Detailed information concerning the
methodology of the study is available from Bureau of Consular Affairs.
Based on this effort and subsequent follow-up work, the Department
is now proposing adjustments to the Schedule of Fees as shown below.
The Schedule will take effect in FY 1998. Future adjustments to the
Schedule of Fees will be made as appropriate.
Because the proposed Schedule of Fees has been restructured and
streamlined, a direct side-by-side comparison with the current
schedule, last updated in 1991, is not possible. Instead, each fee on
the proposed schedule is cross-referenced to the appropriate item
number on the current fee schedule (22 CFR part 22.1) to facilitate
comparison, or identified as a new fee. (These cross-references will
not be included in the final rule.) Major changes in the schedule are
discussed below.
Passports
The current fee schedule shows a fee of $10 to execute a passport
application; a fee of $55 for issuance of a ten-year passport; and a
fee of $40 for issuance of a five-year (child's) passport. The new
schedule shows a $15 execution fee. Passport issuance fees are lowered,
however, from $55 to $45 for first-time issuance to adults, and to $40
for renewals. The fee for issuance of five-year passports for minors
will be lowered from $40 to $25 in all cases. Processing and issuance
of a child's passport costs at least as much as an adult passport
(because extensive identification checking is required). Rapid changes
in the physical appearance of children and the potential for child
custody issues also dictate issuance of a five- rather than ten-year
validity passport to children under the age of 16. The shorter validity
of a child's passport was the key factor in keeping the fee below that
of an adult's passport notwithstanding the similar processing costs.
The new passport fees will fully recover the costs of passport
application processing. In addition, consistent with long-standing
Department practice, a portion of the fee will recover the cost of all
emergency citizens services performed overseas, including assistance in
cases of arrest, detention, death, or serious illness or accident
abroad, and the costs of certain nonemergency citizens services, such
as passport amendments and U.S. citizens registering their presence at
overseas posts, that the Department believes are appropriately
allocated to all passport users, and/or for which separate fees are
impracticable. (Such reallocations are to all passports issued, whether
first-time issuances or renewals.)
While the cost of overseas passport processing is high, the fee
reduction is possible because the vast majority of passports are issued
domestically. It generally costs the Department less to provide a
service domestically than overseas, and there have been significant
improvements in the efficiency and productivity of the Department's
higher-volume domestic passport operations.
Passport Expedite Fee
The proposed Schedule increases the passport expedite fee from $30
to $35. This fee will recover the costs of guaranteeing a maximum turn-
around time of three business days to qualified users. Expedited
service will be provided, and the expedite fee will be charged, to all
customers seeking in-person service at a U.S. Passport Agency, with one
minor exception. The expedite fee will not be charged when the
Department determines that the applicant is required to apply at a U.S.
Passport Agency. This generally will be in complex citizenship cases
where in-person services are necessary for adjudication of the
application. The Department continues to encourage applicants to use
lower-cost passport acceptance agents, drop boxes, and mail-in services
whenever possible. A passport may be obtained for the basic processing
and issuance fee by applying in the normal course of business, while
the more expensive, expedited service is available for those with a
special need for urgent issuance.
Adjudication of Citizenship for Undocumented Passport Applicants Born
Overseas
A new fee is proposed for citizenship adjudication for previously
undocumented passport applicants born overseas. The cost of these
complex citizenship adjudications has until now been allocated to the
passport fee. The Department has concluded that this service should
instead be broken out of the passport fee and made the subject of a
separate fee.
The Immigration and Naturalization Service (INS) currently charges
$100 to adjudicate such citizenship cases in connection with an
application for a certificate of citizenship. The Department has
observed that previously undocumented applicants whose primary interest
is in obtaining a citizenship adjudication, rather than a passport,
often apply for a passport instead to avoid paying the INS citizenship
adjudication fee. The Department's FY 1995 average cost to adjudicate
citizenship is at least $80. These cases involve a different and often
more complex adjudication process than passport applications of
previously documented citizens; for example, additional interviews and
evidence may be required and more complex legal issues may be involved.
The proposed fee of $100 will equalize the INS and State Department
fees for the same service and ensure full recovery of the Department's
costs of providing this service. It also will
[[Page 63480]]
ensure that the actual users of the service, rather than all passport
applicants, bear the cost of these complex citizenship adjudications.
Passport Waiver
The Department at present has a $100 fee for waiving the
requirement that a U.S. citizen travel in or out of the United States
on a U.S. passport. The proposed Schedule reallocates the cost of
processing passport waivers to the passport fee, thereby making
passport waivers a no-fee service. This reallocation is consistent with
the fact that virtually all users of this service are or will be
passport holders, and with the Department's general practice of
allocating the cost of emergency consular services to the passport fee.
In addition, the reallocation eliminates the administrative costs of
collection and addresses concerns over the fairness of the separate fee
expressed by many Americans whose passports have been lost or stolen.
Those who must travel immediately despite the theft or loss of a
passport, or because of a genuine emergency, will no longer be subject
to a $100 fee in order to receive a passport waiver.
The Department is not, at this time, amending 22 CFR section
53.2(h), which provides for the collection of a fee for the waiver of
the passport requirement as specified in the Schedule of Fees. Changes
may be made to section 53.2(h) at a later time, however.
Report of Birth Abroad of a Citizen of the United States
The Department at present charges a $10 fee for issuance of a
Report of Birth Abroad of a Citizen of the United States which is proof
of U.S. citizenship (see 22 U.S.C. 2705). The average cost of providing
this service is in fact considerably higher (close to $180), in part
because of cases involving parents who lived overseas for long periods
of time and whose prior residency in the United States must be
confirmed. The proposed Schedule increases the fee for a Report of
Birth Abroad of a Citizen of the United States to $40, and reallocates
the remaining costs of this service to the passport fee. The resulting
increase in passport fees is negligible. The Department believes that
this combined approach (adjusting the fee to recover more of the costs
of service from the actual users and reallocating the remaining costs
to the passport fee) appropriately balances the policy of placing costs
on actual users with the strong public policy interest in encouraging
all U.S. citizens whose children are born abroad to obtain a Report of
Birth Abroad of a Citizen of the United States when the child is born.
Emergency Overseas Assistance for American Citizens
The primary responsibility of U.S. consular officers overseas is
the protection and welfare of American citizens. No-fee services
performed in instances of arrest, missing persons, and destitution are
listed on the proposed Schedule for the information of the American
traveler. As noted in the discussion of the passport fee, the costs for
these services will continue to be reallocated to the passport fee,
consistent with long-standing Department practice. This ensures that
any American traveling abroad may obtain emergency consular services
without regard to ability to pay for the actual services rendered.
The current Schedule lists services relating to death and estates
of Americans overseas in several sections. The proposed Schedule
consolidates all death and estate services in one new section. Services
related to the death of an American citizen are performed for no fee.
The costs of these services have been reallocated to the passport fee.
Two death and estate fee items have been added to the proposed
Schedule. The first is a $700 fee for services required for the
transshipment of the remains of a foreign national through the United
States. This service is performed infrequently but at a high cost,
which is more appropriately paid by the next-of-kin rather than by the
American taxpayer.
A fee for acting as provisional conservator of estates of U.S.
citizens with a value of over $10,000 also has been added to the
proposed Schedule. Consular officers will continue where necessary to
take possession of and inventory all estates of Americans who die
overseas. But overseeing the appraisal, sale, and final disposition of
estates over $10,000, disbursing funds, and carrying out other legally
related estate business is more appropriately handled by an attorney.
Such estate services are performed for the benefit of the next-of-kin
and should be paid for by the users rather than by the taxpayer.
Services Relating to Vessels and Seamen
The provision of consular services relating to vessels and seamen
has fallen dramatically in recent years. Accordingly, maritime services
have been consolidated into three fee items on the proposed Schedule of
Fees to more accurately reflect the nature, volume, and cost of
performing the services.
Documentary Services for American Citizens
Documentary services are listed in several sections of the current
Schedule of Fees. The proposed Schedule consolidates all documentary
services in one section. Current item 46, noting of a negotiable
instrument, is performed so infrequently that it will no longer be
listed as a separate service but will be charged for as a notarial
service. Current item 75, typing a copy or extract of a document, has
been dropped from the Schedule on the assumption that documents are now
photocopied and/or certified rather than retyped.
The fee for notarial services is currently $10. In the new
Schedule, it will be increased to $55, reflecting the high cost of
performing such services overseas. For many years, the notarial fee has
been held well below the actual cost of performing this service by
reallocating part of the costs of performing notarials to the passport
fee. Most notarials performed at embassies and consulates overseas are
for the benefit of individual Americans and foreign nationals engaged
in legal or business transactions, however. These are not emergency
services and there is no particular public interest in ensuring that
the service is obtained from a U.S. consulate. In many cases, the user
can obtain the necessary notarial service from a local provider, but
uses a U.S. consular officer because the fee is lower. Thus the
artificially low fee for notarial services has the general effect of
increasing the notarial workload of our overseas posts. The Department
has concluded that the costs of this service should be recovered in
full from the individuals for whom they are actually performed rather
than in part from all passport holders.
In the case of certifications, however, for which the cost of
service is approximately the same as for notarials, the Department
proposes to continue to set the proposed fee below the actual cost of
service, and to reallocate the remainder of the cost to the passport
fee. Certifications are almost exclusively of official U.S. government
documents issued by embassies and consulates overseas (e.g., reports of
births and deaths occurring overseas). The need for such documents
generally arises from the fact of an American citizen's travel abroad,
and there is a significant public interest in certifying such
documents' authenticity at a relatively minimal cost.
In addition, the Department has reviewed its existing exemptions
from documentary service fees and is eliminating those that are not
required by law or that do not serve any
[[Page 63481]]
significant public interest. Others are being modified or clarified.
Visas
The structure of the immigrant visa application processing and
issuance fees remains the same, although the fees are being increased
to reflect the actual costs of service. In addition, the Department is
instituting an additional fee, in the nature of a surcharge, for
diversity visa applicants. The final rule for the diversity visa fee
was published in the Federal Register on August 8, 1997. This
additional fee, which will recover the lottery costs from those lottery
entrants who actually apply for diversity visas, was authorized by
Section 636 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009-703-704
(Sept. 30, 1996). Administration of the lottery is part of the cost of
allocating such visas, and it would be impracticable to impose a fee on
all visa lottery entrants (technically, visa ``petitioners'', given the
millions of entrants, the problems of collecting a uniform fee from
individuals all over the world (who will have varying access to
international currency), and the burden of having to collect and
account for what would be a very small fee from a large number of
persons.
Since 1994, the Department has collected a nonimmigrant visa (NIV)
application processing fee from NIV applicants at posts issuing machine
readable visas (MRVs), commonly known as the ``MRV'' fee. The MRV
technology is now installed worldwide, as are improved information
management systems for ensuring that all visa applicants are checked
against the visa lookout system. The NIV/MRV application fee,
originally set at $20, will increase to $45. This amount is based on
the volume-weighted average cost of processing a nonimmigrant visa,
including border crossing cards, crew visas, treaty trader/investor
visas, fiance visas, and petitions for intracompany transferee and
temporary worker visas, using the new MRV and enhanced lookout
technologies. The proposed new fee is significantly higher because the
original $20 fee, in addition to being based on cost data available in
1991, did not include the costs of the new technology. The proposed
Schedule of Fees continues to require that the fee be paid by virtually
all NIV applicants, with only very limited exceptions (e.g., for
diplomatic visas).
The NIV application processing fee is cost-based and is paid
regardless of whether a visa is issued because it covers the cost of
processing the visa application. Note that applicants who are issued a
visa also may be charged an NIV issuance fee based on reciprocity with
the host country (Item 57 in the proposed schedule). These reciprocal
NIV issuance fees were not included in the Department's cost-of-service
study because they are not cost-based but rather are determined in
light of other countries' practices. The Department seeks to ensure
that the total amount of U.S. nonimmigrant visa fees, including the NIV
application processing fee and any issuance fees based on reciprocity,
reflects the total of a foreign country's fees for comparable visas.
Under the current Schedule of Fees, visa processing fees for
crewmen, who generally are manifested on a single crew list document,
are based on the number of crew members on the document. In fact, each
crew member's eligibility for a visa is reviewed as if he or she were
applying for a nonimmigrant visa. This review requires the same amount
of labor and processing time as a nonimmigrant visa application. To
ensure full recovery of those costs, the nonimmigrant visa processing
fee of $45 on the proposed Schedule will apply to each individual crew
applicant. The separate entry on the Schedule for crewmen is therefore
being eliminated.
The proposed Schedule includes new fees for two special visa-
related services for aliens that currently are performed for no fee:
(1) Legal permanent resident status may expire when an alien remains
outside the United States for an extended period of time. Application
for returning resident status is made at embassies and consulates
overseas. Processing a returning resident application involves the same
work as processing an immigrant visa. (2) Legal permanent resident
aliens who have lost their alien registration cards may apply at an
embassy or consulate for a transportation letter to re-enter the United
States--a service that also requires a discernible amount of consular
time. The cost of both of these services currently is paid by the
American taxpayer. The proposed fees for these special services for
aliens will more appropriately allocate the costs of performing them to
the users. The proposed fee for the first service is $50 and the fee
for the second service is $120.
Deletions
A number of services are being deleted from the Schedule; for
example, Administration of Examinations, which is not a consular
service, but rather a service to other agencies. It is frequently
performed by administrative rather than consular officers. Similarly,
Freedom of Information Services, which are performed by another office
in the Department, has been deleted.
Amendments to 22 CFR Part 51, Subpart D (22 CFR 51.61 Through
51.67)
The Department is also making technical amendments to 22 CFR Part
51, Subpart D, which addresses passport fees. Although passport fees
are listed in the Schedule of Fees published at 22 CFR 22.1, 22 CFR
51.61 also sets forth the current passport fees under the heading
``statutory fees.'' The Department has decided not to include the
specific amount of the fees in section 22 CFR 51.61, but instead to
cross-reference to the Schedule of Fees. This will permit future
adjustments to passport fees to be made more efficiently, since it will
be necessary to amend only the Schedule of Fees as it appears in 22 CFR
22.1. The Department is similarly amending 22 CFR 51.67, which at
present states the specific amount of the fee for expedited passport
services.
In addition, 22 CFR 51.62 provides for the possibility of
``regulatory fees,'' but does not set forth any services for which such
fees are charged. The Department believes that the provision for
``statutory'' and ``regulatory'' fees in sections 51.61 and 51.62,
respectively, reflects the fact that the precise amount of certain
passport fees formerly was specified by statute while other passport-
related fees could potentially be established by regulation pursuant to
general statutory authorities. Now, however, the statutes that
specifically provide for passport fees no longer set the actual amount
of the fee to be charged. Instead, all fees are authorized by statutes
that leave the precise amount to be set by regulation in accordance
with user charges principles. As a result, the Department has concluded
that sections 51.61 and 51.62 can now be combined into a single
section, which will be section 51.61, setting forth the passport
services for which fees will be charged. The remaining sections of
Subpart D will be renumbered accordingly.
Finally, amendments are being made in Subpart D to conform that
Subpart to other changes made in the Schedule of Fees and to modernize
its provisions.
Amendment to 22 CFR Part 53
The title of 22 CFR Part 53 is being changed and the authority
citation is being revised.
Regulatory Findings
This rule is not considered to be a major rule for purposes of E.O.
12291
[[Page 63482]]
nor is it expected to have a significant impact on a substantial number
of small entities under the criteria of the Regulatory Flexibility Act,
5 U.S.C. 605(b). This rule does not impose information collection
requirements under the provisions of the Paperwork Reduction Act, 44
U.S.C. Chapter 35. This rule has been reviewed as required by E.O.
12988 and determined to be in compliance therewith. This rule is exempt
from E.O. 12866 but has been reviewed internally by the Department to
ensure consistency with the objectives thereof and by OMB in light of
its public policy implications. OMB has determined that the rule would
in any event not constitute a significant regulatory action under E.O.
12866.
List of Subjects
22 CFR Part 22
Consular services, Fees, Schedule of fees for consular services,
Passports and visas.
22 CFR Part 51
Passports, fees.
22 CFR Part 53
Passport requirement and exceptions.
Accordingly, parts 22, 51, and 53 are proposed to be amended as
follows:
PART 22--[AMENDED]
1. The authority citation for part 22 is revised to read as
follows:
Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 22 U.S.C. 214,
4201, 4206, 4215, 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632, 3
CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-
1970 Comp., p. 570.
2. Section 22.1 is revised to read as follows:
22.1 Schedule of fees.
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
Passport and Citizenship Services
------------------------------------------------------------------------
1. Passport Services. [former
nos. 1, 3, 4]: \1\
(a) Execution........ $15.00.
(b) First-time
issuance:.
(1) Applicants age 16 $45.00 plus expedited processing fee if
or over. applicable.
(2) Applicants under $25.00 plus expedited processing fee if
age 16. applicable.
(c) Subsequent
issuance (renewal):.
(1) Applicants age 16 $40.00 plus expedited processing fee if
or over. applicable.
(2) Applicants under $25.00 plus expedited processing fee if
age 16. applicable.
(d) Expedited service
(exclusive of
express mail
charges) not
applicable overseas:.
(1) Requested $35.00.
guaranteed 3-day
service.
(2) In-person service $35.00.
at a U.S. Passport
Agency, unless the
Department has
determined that the
applicant is
required to apply at
a U.S. Passport
Agency.
2. Exemptions: The following
applicants are exempted from
passport fees: [former no.
5]:
(a) Officers or No fee.
employees of the
United States
proceeding abroad or
returning to the
United States in the
discharge of their
official duties, or
their immediate
family members (22
U.S.C. 214).
(b) American seamen No fee.
who require a
passport in
connection with
their duties aboard
an American flag
vessel (22 U.S.C.
214).
(c) Widows, children, No fee.
parents, or siblings
of deceased members
of the Armed Forces
proceeding abroad to
visit the graves of
such members (22
U.S.C. 214).
(d) Employees of the No fee.
American National
Red Cross proceeding
abroad as members of
the Armed Forces of
the United States
(10 U.S.C. 2602(c)).
(e) Peace Corps and No fee.
Volunteer Leaders
deemed to be
employees of the
United States for
purposes of
exemption from
passport fees (22
U.S.C. 2504(a)).
3. File search and $15.00.
verification of U.S.
citizenship when applicant
has not presented evidence
of citizenship and previous
records must be searched.
(This fee will not be
charged when the applicants'
passport was stolen or when
one of the exemptions in
item 38 is applicable.)
[former no. 10(a)].
4. Determination or $100.00.
adjudication of U.S.
citizenship for applicants
born overseas who have not
presented a U.S. passport,
Report of Birth Abroad of a
Citizen of the United
States, or Certificate of
Naturalization or
Citizenship from the
Immigration and
Naturalization Service.
[new] \2\.
5. Passport amendments, to No fee.
add current or new
information, change a name,
extend a previous passport
time limitation, correct an
administrative error,
validate a passport for
travel to restricted
countries, or add extra
pages. [former no. 6].
6. Passport waiver (22 CFR No fee.
53.2(h), Passport
requirement and exceptions).
[former no. 12].
7. Registration of a U.S. No fee.
citizen at a U.S. Embassy or
Consulate when documentary
evidence of U.S. citizenship
has been presented. [former
no. 7].
8. Report of Birth Abroad of $40.00.
a Citizen of the United
States (includes new no. 4).
[former nos. 8, 9(a)].
9. Issuance of Replacement $40.00.
Report of Birth Abroad of a
Citizen of the United States
by the Department of State
in Washington. [former no.
9].
For fees relating to
obtaining documents from
passport files and related
records, see Documentary
Services, item 35 and
succeeding.
(Item nos. 10 through 14
vacant.)
------------------------------------------------------------------------
Overseas Citizens Services
------------------------------------------------------------------------
General Overseas Assistance:
15. Arrest visits. [new]. No fee.
16. Assistance regarding No fee.
the welfare and
whereabouts of a U.S.
citizen, including child
custody inquiries. [new].
17. Loan processing.
[new]:.
[[Page 63483]]
(a) Repatriation No fee.
loans..
(b) Emergency dietary No fee.
assistance loans..
(Item Nos. 18-20 vacant.)
Death and Estate Services:
21. Identification of No fee.
remains and consultation
with family members of a
U.S. Citizen. [new].
22. Assistance to the No fee.
next-of-kin in making
arrangements for
shipping or other
disposition of remains
of a U.S. Citizen.
[former no. 73].
23. Affidavit attesting No fee.
to preparation and
packing of remains of a
U.S. Citizen. [former
no. 59].
24. Issuance of consular No fee.
mortuary certificate on
behalf of a U.S.
Citizen. [former no. 60].
25. Assistance in $700.00.
transshipment of remains
of a foreign national to
or through the United
States, including
documentation covered by
items 23 and 24. [new].
26. Preparation of Report No fee.
of Death of an American
Citizen Abroad,
including sending copies
to legal representative
and closest known
relative or relatives.
[former no. 9(c)].
27. Acting as a
provisional conservator
of estates of U.S.
citizens (other than
U.S. Government
employees), including
taking possession of,
making an inventory,
placing the official
seal on the estate,
overseeing the
appraisal, sale and
final disposition of the
estate, disbursing
funds, forwarding
securities, etc.:
[former no. 70, 71, 72]:.
(a) Estates under No fee.
$10,000.
(b) Estates $10,000 Consular time (item 70) and costs.
or more, for
rendering services
additional to taking
possession,
inventorying, and
placing the official
seal.
(Item nos. 28-29 vacant.)
Services Relating to Vessels
and Seamen:
30. Shipping and seamen Per service, $80.00.
services, including
recording of bill of
sale of vessel purchased
abroad, taking of
application for
certificate of American
ownership, and
investigation. [former
no. 34].
31. Documentary services Per service, $650.00 plus costs incurred.
related to shipping,
including issuance of
certificate of American
ownership. [former no.
35].
32. Services provided for No fee.
an American vessel or
American seamen. 22
U.S.C. 4206. [former no.
36].
(Items nos. 33-34 vacant.)
------------------------------------------------------------------------
Documentary Services
------------------------------------------------------------------------
35. Notarials. [former nos. $55.00.
45 (a) and (b)].
36. Certifications:
(a) Certifying under $20.00; each additional copy $10.00.
official seal that a
copy or extract made
from an official or
a private document
is a true copy.
[former nos. 45(c),
10(c)].
(b) Certifying under $20.00; each additional copy $10.00.
official seal a
statement or extract
from official files
or a statement that
no record of an
official file can be
located. [former no.
10(d)].
(c) Certifying the $20.00; each additional copy $10.00.
fact of issuance of
a Report of Birth
Abroad of a Citizen
of the United States
and certifying
copies of documents
relating to births,
marriages, and
deaths of citizens
abroad issued by a
U.S. Embassy or
Consulate
(obtainable from the
Department of State,
Washington, D.C.).
[former no. 9].
37. Authentications:
(a) Certifying to $32.00.
official character
of a foreign notary
or other official
(i.e.,
authenticating a
document). [former
no. 45(d), 9(b)].
(b) Authenticating a $32.00.
federal, state, or
territorial seal, or
certifying to the
official status of
an officer of the
United States
Department of State
or of a foreign
diplomatic or
consular officer
accredited to or
recognized by the
United States
Government, or any
document submitted
to the Department
for that purpose.
[former no. 45(f)].
38. Exemptions: Notarial,
certification, and
authentication fees (items
35, 36, and 37) or passport
file search fees (item 3)
will not be charged when the
service is performed:
[former nos. 11, 58]:
(a) At the request of No fee.
any federal
government agency
(unless substantial
costs would be
incurred).
(b) At the request of No fee.
any state or local
government, the
District of
Columbia, or any of
the territories or
possessions of the
United States
(unless substantial
costs would be
incurred).
(c) With respect to No fee.
documents to be
presented by
claimants,
beneficiaries, or
their witnesses in
connection with
obtaining federal,
state, or municipal
benefits.
(d) For American No fee.
citizens outside the
United States
preparing ballots
for any public
election in the
United States or any
of its territories.
(e) At the request of No fee.
a foreign government
or an international
agency of which the
United States is a
member if the
documents are for
official
noncommercial use.
(f) At the request of No fee.
a foreign government
official when
appropriate or as a
reciprocal courtesy.
(g) At the request of No fee.
U.S. Government
personnel, Peace
Corps volunteers, or
their dependents
stationed or
traveling officially
in a foreign country.
(h) With respect to No fee.
documents whose
production is
ordered by a court
of competent
jurisdiction.
39. Executing commissions to No fee.
take testimony 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. [former
no. 66].
40. Providing seal and $455.00.
certificate for return of
letters rogatory executed by
foreign officials. [former
no. 67].
41. Taking depositions or Per hour, $200.00 plus costs incurred.
executing commissions to
take testimony. [former no.
69].
(Items nos. 42-49 vacant.)
------------------------------------------------------------------------
Visa Services
------------------------------------------------------------------------
50. Immigrant visa $260.00.
application processing fee.
[former no. 20].
[[Page 63484]]
51. Immigrant visa $75.00.
application surcharge for
Diversity Visa Lottery.
[former no. 19].
52. Immigrant visa issuance $65.00.
fee. [former no. 21].
53. Refugee case preparation No fee.
and processing. [new].
54. Nonimmigrant visa $45.00.
application processing fee.
[former no. 26].
55. EXEMPTIONS from
nonimmigrant visa
application processing fee:
[former no. 26]:
(a) Applicants for A, No fee.
G, C-2, C-3, and
NATO visas.
(b) Applicants for J No fee.
visas participating
in official U.S.
Government (USIA or
USAID) sponsored
educational and
cultural exchanges.
(c) Persons issued No fee.
replacement machine
readable visas when
the original machine
readable visa has
not adhered to the
passport or other
travel document
through no fault of
the applicant.
(d) Persons exempted No fee.
by international
agreement as
determined by the
Department.
(e) Persons No fee.
travelling to
participate in
charitable
activities as
determined by the
Department.
56. Visa fingerprinting. $25.00.
[former no. 28].
57. Nonimmigrant visa RECIPROCAL.
issuance fee, including
border crossing cards.
[former nos. 22, 24].
58. EXEMPTIONS from
nonimmigrant visa issuance
fee: [former no. 23]:
(a) An official No fee.
representative of a
foreign government
or an international
or regional
organization of
which the U.S. is a
member.
(b) An applicant No fee.
transiting to and
from the United
Nations headquarters.
(c) An applicant No fee.
participating in a
U.S. government
sponsored program.
59. Special visa processing
services for aliens: [new]:
(a) returning $50.00.
resident status.
(b) transportation $120.00.
letter.
(c) waiver of $95.00.
immigrant visa
ineligibility
(collected for INS;
subject to change).
60. Filing immigrant visa $80.00.
petition (collected for INS;
subject to change).
(Items Nos. 61-64 vacant.)
------------------------------------------------------------------------
Administrative Services
------------------------------------------------------------------------
65. Nonemergency telephone Local long distance rate plus $10.00.
calls. [former no. 85].
66. Setting up and $20.00.
maintaining a trust account
for 1 year or less to
transfer funds to or for the
benefit of an American in
need in a foreign country.
[former no. 92].
67. Transportation charges Costs incurred.
incurred in the performance
of fee and no-fee services
when appropriate and
necessary. [former no. 94].
68. Emergency passport photo No fee.
service. [former no. 13].
69. Return check processing $25.00.
fee. [former no. 95].
70. Consular time charges as Per hour, $180.00 plus costs incurred.
required by this schedule or
for fee services performed
away from the office or
after-duty-hours. [former
no. 93].
71. Photocopies (provided Per page, $1.00.
other than pursuant to 22
CFR Part 171 or order of a
court of competent
jurisdiction). [former nos.
10(b), 76].
(Item nos. 72-80 vacant.)
------------------------------------------------------------------------
\1\ Note: Former numbers will not appear in the Final rule.
\2\ ``New'' designations will not appear in the Final rule.
Sec. 22.8 [Removed]
3. Section 22.8 is removed.
PART 51--[AMENDED]
4. The authority citation for part 51 is revised to read as
follows:
Authority: 22 U.S.C. 211a, 212, 213, 214, 214a, 216, 217a,
2671(d); 31 U.S.C. 9701; Sec. 129, Pub. L. 102-138, 105 Stat. 661;
E.O. 11295, 36 FR 10603, 3 CFR, 1966-1970 Comp., p. 570.
5. Section 51.61 is revised to read as follows:
Sec. 51.61 Passport fees.
Fees, including execution fees, shall be collected for the
following passport services in the amounts prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1):
(a) A fee for each passport issued, which fee shall vary depending
on whether the passport is issued to a first-time applicant or a
renewal applicant and on the age of the applicant. The passport
issuance fee shall be paid by all applicants at the time of
application, except as provided in Sec. 51.62(a).
(b) A fee for execution of the passport application, except as
provided in section 51.62 (b), when the applicant is required to
execute the application in person before a person authorized to
administer oaths for passport purposes. This fee shall be collected as
part of the passport issuance fee at the time of application and is not
refundable (see 22 CFR 51.65). When execution services are provided by
an official of a state or local government or of the United States
Postal Service, the fee may be retained by that entity to cover the
costs of service, pursuant to an appropriate agreement with the
Department of State.
(c) A fee for expedited services, if any, provided pursuant to 22
CFR 51.66.
6. Section 51.62 is removed and sections Secs. 51.63 through 51.66
are redesignated as Secs. 51.62 through 51.65, respectively.
7. Newly redesignated Sec. 51.63 is amended in paragraph (a) by
changing ``Sec. 51.63'' to read ``Sec. 51.62'', and in paragraph (f) by
changing ``Sec. 51.67'' to read ``Sec. 51.66''.
8. Newly redesignated Sec. 51.66 is amended by revising paragraphs
(a) and (c) to read as follows:
Sec. 51.66 Expedited passport processing.
(a) Within the United States, an applicant for a passport service
(including issuance, amendment, extension, or the addition of visa
pages) may request expedited processing by a Passport Agency. All
requests by applicants for in-person services at a Passport Agency
shall be considered requests for expedited processing, unless the
Department has determined that the applicant is required to apply at a
U.S. Passport Agency.
* * * * *
(c) A fee shall be collected for expedited processing service in
the
[[Page 63485]]
amount prescribed in the Schedule of Fees for Consular Services (22 CFR
22.1). This amount will be in addition to any other applicable fee and
does not include urgent mailing costs, if any.
PART 53--PASSPORT REQUIREMENT AND EXCEPTIONS
9. The title of Part 53 is revised to read as set forth above.
10. The authority citation for part 53 is revised to read as
follows:
Authority: 8 U.S.C. 1185; Proc. 3004, 18 FR 489, 3 CFR, 1949-
1953 Comp., p. 180.
Dated: November 19, 1997.
Patrick F. Kennedy,
Acting Under Secretary for Management.
[FR Doc. 97-30838 Filed 11-28-97; 8:45 am]
BILLING CODE 4710-06-P
