[Federal Register Volume 65, Number 52 (Thursday, March 16, 2000)]
[Rules and Regulations]
[Pages 14211-14212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6409]


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DEPARTMENT OF STATE

22 CFR Parts 22, 23 and 51

[Public Notice 3254]


Schedule of Fees for Consular Services; Finance and Accounting; 
and Passports and Visas

AGENCY: Bureau of Consular Affairs, State Department.

ACTION: Direct final rule.

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SUMMARY: This direct final rule replaces the existing fee charged for 
each passport issued, that is refunded when a passport is not issued, 
with a non-refundable fee charged for each application filed for a 
passport. Accordingly, the Department of State will refund the passport 
application fee only when the fee has been collected in error. The 
Department will not refund the fee paid for a passport application 
when, after processing, it is determined that the applicant will not be 
issued a passport. Nor will the Department refund a passport 
application fee to the executor or administrator of the estate of the 
deceased bearer of an unused passport, or refund a passport application 
fee to any person issued a passport who has been refused a visa by a 
foreign government. The rule provides, however, that a person, whose 
passport application is denied, may have the application reconsidered 
without being required to pay an additional application fee by 
submitting adequate documentation that overcomes the reason for denial 
within 90 days from the date of the denial notice.

DATES: This rule is effective May 15, 2000 without further action, 
unless adverse comment is received by April 17, 2000. If adverse 
comment is received and is well-taken, the Department of State will 
publish a timely withdrawal of the rule in the Federal Register, and it 
will not take effect.

ADDRESSES: Written comments should be addressed to: Chief, Legal 
Division, Office of Passport Policy, Planning and Advisory Services, 
1111 19th Street, N.W., Suite 260, Washington, D.C. 20524.

FOR FURTHER INFORMATION CONTACT: Sharon Palmer-Royston, Office of 
Passport Policy, Planning and Advisory Services, Bureau of Consular 
Affairs, Department of State (202) 955-0231; telefax (202) 955-0230.

SUPPLEMENTARY INFORMATION:

Background

    Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214) 
previously provided for payment into the Treasury of a fee, prescribed 
by the Secretary of State by regulation, for ``each passport issued'', 
and a fee for executing ``each application for a passport''. Congress 
enacted Section 233 of Pub.L. 106-113, November 29, 1999, which amended 
Section 1 of the Passport Act by striking those provisions and 
inserting in their place the requirement for payment of a fee for ``the 
filing of each application for a passport (including the cost of 
passport issuance and use)'' and a fee for executing ``each such 
application'' for a passport. Section 233 further provides that ``such 
fees shall not be refundable, except as the Secretary may by regulation 
prescribe''. Section 233 also repealed Section 4 of the Passport Act of 
1920 (22 U.S.C. 216), which authorized the refund of the fees paid by 
the person to whom a passport was issued, whenever the appropriate 
officer within the United States of any foreign country refuses to 
issue a visa in a passport issued by the United States, upon request in 
writing and return of an unused passport within six months from the 
date of issue.
    This direct final rule implements Section 233 of Pub.L. 106-113 by 
amending the existing Schedule of Fees for Consular Services in the 
list of Passport and Citizenship Services under 22 CFR 22.1, to change 
``issuance'' to ``application'', and amends 22 CFR 22.6 by deleting the 
provision for the refund of the passport fee pursuant to 22 U.S.C. 216. 
This rule also amends the regulations governing passport fees in 22 CFR 
51.61(a), by changing the ``fee for each passport issued'' to a ``fee 
for each passport application filed'', and amends 22 CFR 51.63 by 
changing ``passport fee'' to ``passport application fee'' and by 
deleting paragraphs (b), (c) and (d).
    The effect of this rule is that the Department of State will not 
refund the fee paid for a passport application when the Department 
determines, after processing, that a passport may not be issued 
pursuant to the regulations governing passports. Nor will the 
Department refund a passport application fee to any person who, after a 
passport has been issued to them, has been refused a visa by a foreign 
government. Further, the Department will not refund a passport 
application fee to the executor or administrator of the estate of the 
deceased bearer of an unused passport. A refund will not be made in 
those cases, because the application for a passport will have been 
processed in accordance with the fee paid for the application.
    However, the Department recognizes that there are cases where an 
application for issuance of a passport will be denied on the sole 
ground of inadequate documentation or for a reason that can be cured by 
the provision of further documentation. In those cases, a new 
application fee should not be required when the applicant provides 
acceptable documentation in a timely manner so that a passport is 
issued. A person whose application for a passport has been denied, 
moreover, is informed in writing of the specific reason(s) for the 
denial, as provided by regulation. Therefore, this rule also provides 
that a person, whose passport application has been denied, may have the 
denied application reconsidered without payment of an additional 
passport

[[Page 14212]]

application fee by submitting adequate documentation within 90 days 
from the date of the notice of denial. The term ``adequate 
documentation'' includes evidence that the applicant is in the process 
of obtaining the necessary documents, which may have been missing or 
lost and may require considerable time to obtain or replace. The denial 
becomes final, however, if adequate documentation is not submitted 
before the elapse of 90 days after the date of the denial notice. The 
Department's passport regulations do not preclude a person, whose 
passport application has been denied, from subsequently submitting a 
new passport application with payment of a new application fee.
    This rule does not affect the fee for executing an application for 
a passport, which cannot be refunded pursuant to the existing 
regulation in 22 CFR 51.65. Therefore, the Department will refund the 
passport application fee and the fee for executing an application for a 
passport only in cases when the fee was collected in error from persons 
exempted from payment by law, or the fee collected was in excess of the 
prescribed fee, as is currently provided by regulation.
    This rule is effective May 15, 2000. If adverse comment is received 
and is well-taken, the Department of State will publish a timely 
withdrawal of the rule in the Federal Register. If an adverse comment 
applies to an amendment, paragraph, or section of this rule and that 
provision may be addressed separately from the remainder of the rule, 
the Department may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.
    The Department does not consider this rule to be a major rule for 
purposes of E.O. 12291. These changes to the regulations are hereby 
certified as not 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. Nor does the rule have federalism 
implications warranting the application of Executive Order No. 12372 
and No. 13132. This rule is exempt from E.O. 12866, but the Department 
has reviewed the rule to ensure consistency with the objectives of the 
Executive Order, as well as with E.O. 12988, and the Office of 
Management and Budget has determined this rule would not constitute a 
significant regulatory action under E.O. 12866.

List of Subjects

22 CFR Part 22

    Foreign Service, Fees, Passports and visas.

22 CFR Part 23

    Foreign Service.

22 CFR Part 51

    Administrative practice and procedure, Drug traffic control, 
Passports and visas.
    Accordingly, this rule amends 22 CFR Chapter I as follows:

PART 22--[AMENDED]

    1. The authority citation for Part 22 continues to read as follows:

    Authority: 8 U.S.C. 1153 note. 1351, 1351 note; 10 U.S.C. 
2602(c); 22 U.S.C. 214, 2504(a), 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 amended by revising the introductory text of 
paragraphs (b) and (c) at item 1. to read as follows:


Sec. 22.1  Schedule of fees.

Item No.       Fee

Passport and Citizenship Services

    1. Passport Services:
* * * * *
    (b) First-time application:
* * * * *
    (c) Subsequent application (renewal):
* * * * *
    3. Section 22.6 is amended by revising the word ``refunded'' to 
read ``refund'' both times it appears in paragraph (a)(3) and by 
revising paragraph (a)(1) to read as follows:


Sec. 22.6  Refund of fees.

    (a) * * *
    (1) As specifically authorized by law (See 22 U.S.C. 214a 
concerning passport fees erroneously charged persons excused from 
payment and 46 U.S.C. 8 concerning fees improperly imposed on vessels 
and seamen);
* * * * *

PART 23--[AMENDED]

    1. The authority citation for Part 23 is revised to read as 
follows:

    Authority: 22 U.S.C. 2651a.

    2. Section 23.3 is amended by revising paragraph (a) to read as 
follows:


Sec. 23.3  Refunds.

    (a) Rectifications and readjustments. See Sec. 22.6 of this chapter 
for outline of circumstances under which fees which have been collected 
for deposit in the Treasury may be refunded.
* * * * *

PART 51--[AMENDED]

    1. The authority citation for Part 51 is revised to read as 
follows:

    Authority: 22 U.S.C. 211a; 22 U.S.C. 2651a, 2671(d)(3), 2714 and 
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p 570; 
sec. 129, Pub. L. 102-138, 105 Stat. 661; 8 U.S.C. 1504.

    2. Section 51.61 is amended by revising paragraph (a) to read as 
follows:


Sec. 51.61  Passport fees.

* * * * *
    (a) A fee for each passport application filed, which fee shall vary 
depending on whether the passport applicant is a first-time applicant 
or a renewal applicant and on the age of the applicant. The passport 
application fee shall be paid by all applicants at the time of 
application, except as provided in Sec. 51.62(a), and is not 
refundable, except as provided in Sec. 51.63. However, an applicant's 
denied application for a passport may be reconsidered without the 
payment of an additional passport application fee by the submission of 
adequate documentation within 90 days after the date of a notice of 
denial.
* * * * *
    3. Section 51.63 is amended by removing paragraphs (b) through (d), 
by redesignating paragraphs (e) and (f) as paragraphs (b) and (c), 
respectively, and by revising the introductory text to read as follows:


Sec. 51.63  Refunds.

    A collected passport application fee shall be refunded:
* * * * *

    Dated: February 23, 2000.
Bonnie R. Cohen,
Under Secretary for Management, Department of State.
[FR Doc. 00-6409 Filed 3-15-00; 8:45 am]
BILLING CODE 4710-06-U