[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34831-34838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12048]


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DEPARTMENT OF STATE

22 CFR Parts 22 and 51

[Public Notice 4016]


Schedule of Fees for Consular Services, Department of State and 
Overseas Embassies and Consulates

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule adopts as final the Department's proposed rule to 
revise the Schedule of Fees for Consular Services. No comments were 
received during the period for public comment. The proposed rule is 
therefore adopted as final. The rule also made appropriate implementing 
and other related changes in affected portions set forth in these 
regulations. Specifically, the proposed rule made changes in the 
Schedule of Fees for Consular Services (``Schedule of Fees'' or 
``Schedule'') and made technical changes concerning passport fees. The 
primary objective of the adjustments to the Schedule of Fees is to 
ensure that the costs of consular services are recovered through user 
fees to the maximum extent appropriate and permitted by law. As a 
result of new data on the cost of services, most fees are being 
increased. The proposed Schedule lowers the notarial fee by shifting 
some of the costs of this service to appropriations. In addition, the 
Schedule of Fees is being restructured and streamlined, making the 
Schedule easier to read and understand. Some services have been removed 
from the Schedule; in most cases, this is because services have been 
consolidated. Certain consular services performed for no fee are 
included in the Schedule so that members of the public will be aware of 
significant consular services provided by the Department that they may 
request and for which they will not be charged. Codes are being added 
to the Schedule to facilitate consular officers' use of the 
Department's consular accounting codes when the fees are actually 
collected.

EFFECTIVE DATE: June 1, 2002.

ADDRESSES: Office of the Executive Director, Bureau of Consular 
Affairs, Department of State, Suite H1004, 2401 E Street NW., 
Washington, DC 20520. 20520.

FOR FURTHER INFORMATION CONTACT: Susan Abeyta, Office of the Executive 
Director, Bureau of Consular Affairs, phone (202) 663-2505, telefax: 
(202) 663-2499; e-mail: [email protected].

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 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 provided by embassies and 
consulates. Fees established under these authorities include fees for 
immigrant and nonimmigrant visa processing, for fingerprints, and for 
overseas citizens services. In addition, a number of statutes address 
specific fees: Passport application fees (including the cost of 
passport issuance and use) are authorized by 22 U.S.C. 214, as are fees 
for the execution of passport applications. (This provision was amended 
on November 29, 1999, by Public Law 106-113, to permit collection of a 
nonrefundable application fee subject to promulgation of implementing 
regulations, which are at 22 CFR parts 51 and 53.) Section 636 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 
Public Law 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. 
Nonimmigrant visa reciprocity fees are authorized and, in fact, 
generally required, pursuant to Section 281 of the INA, 8 U.S.C. 1351. 
Notwithstanding the general rule of reciprocity, however, a cost-based, 
nonimmigrant visa processing fee for the machine readable visa (MRV) 
and for a combined border crossing and nonimmigrant visa card (BCC) (22 
CFR 41.32) is authorized by Section 140(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, Public Law 103-236 
(April 30, 1994). Certain persons are exempted by law or regulation 
from payment of specific fees. These exemptions are noted in the fee 
schedule and include the nonimmigrant visa fee exemptions set forth in 
22 CFR 41.107 for certain individuals who engage in charitable 
activities or who qualify for diplomatic visas. In addition, aliens 
under age 15 are in certain circumstances entitled to a combined MRV/
BCC for a statutorily established fee of $13, which is below the full 
cost of service, pursuant to Section 410 of Title III of the Commerce, 
Justice, State Appropriations Act enacted as part of the Omnibus FY 
1999 Appropriations Act, Public Law 105-277 (Oct. 21, 1998). Various 
statutes also permit the Department to retain some of the consular fees 
it collects. These are, at present, the MRV and BCC fees, the passport 
expedite fee, the fingerprint fee, the J Visa Waiver fee, and the 
Diversity Visa Lottery fee. Authority to retain the Affidavit of 
Support fee has existed in the past and may be renewed.
    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 and in a manner consistent with 
general user charges principles, regardless of the specific statutory 
authority under which they are promulgated. As set forth in OMB 
Circular A-25, the general policy underlying user charges is that a 
reasonable charge should be made to each identifiable recipient for a 
measurable unit or amount of government service or property from which 
the user derives a special benefit. The OMB guidance covers all Federal 
Government activities that convey special benefits to recipients beyond 
those that accrue to the general public. The Department of State is 
required to review consular fees periodically to determine the 
appropriateness of each fee in light of applicable provisions of OMB 
Circular A-25. While services of direct benefit to individuals, 
organizations or groups should be paid for by the users rather than by 
taxpayers in general, the guidelines state that services performed for 
the primary benefit of the general public or the U.S. Government should 
be supported by tax revenues. The changes set forth in the proposed 
Schedule of Fees reflect these guidelines.
    The last major revision of the Schedule of Fees was in 1998. 
Consistent with OMB Circular A-25, from September 1999 to October 2001, 
the Department conducted a cost-of-service study to determine the 
current direct and indirect costs associated with each consular service 
the Department provides, so that the Schedule could be

[[Page 34832]]

updated. The study was supervised by the Bureau of Consular Affairs and 
performed with the assistance of an independent contractor. The 
contractor and Department staff surveyed and visited domestic and 
overseas consular sites handling a representative sample of all 
consular services worldwide in FY 2000. This review attempted to 
identify the fully allocated costs of consular services (direct and 
indirect). The results of the review indicated that a fee established 
on the basis of the average cost of a consular officer's time should be 
$235 per hour. This hourly rate is used in the proposed schedule to 
recover the cost of services that are infrequently provided and that 
may require very different expenditures of time depending on the unique 
circumstances of the service, such as providing a certificate of 
American ownership for a yacht, a service that directly benefits an 
individual. In situations where services are provided often enough to 
develop a reliable estimate of the average time involved, however, the 
schedule generally sets a flat service fee. In either case, the fee is 
designed to recover some or all--but not more than--actual fully 
allocated costs the Department expects to incur over the period that 
the Schedule will be in effect. When the fee is set below costs, the 
remaining cost is either recovered through allocation to related 
services for which are fees charged, or will be covered by taxpayers 
through appropriations. (Detailed information concerning the 
methodology of the study is available from the Bureau of Consular 
Affairs.) Based on this effort and subsequent analysis, the Department 
is now proposing adjustments to the Schedule of Fees. Major changes to 
the schedule are discussed below.

Passport Execution and Processing Fees (Implementation August 19, 
2002)

    Passport fees for execution and application services (``execution'' 
and ``issuance'' fees, under the current Schedule) have been raised. 
The $30 (currently $15) execution fee for first-time applicants and 
others who must apply in person covers all costs associated with 
providing this service, both domestically and abroad. It is retained by 
non-Department acceptance agencies when such agencies are used. One 
passport application fee will be charged for each first-time and each 
renewal application: $55 for applicants age 16 or over and $40 for 
applicants under 16. Although the processing and issuance of a child's 
passport is more labor-intensive and therefore more costly, the 
shorter, five-year validity of a child's passport is the basis for 
charging the lower, $40 fee. A revision of 22 CFR 51.61 is included in 
this rule to reflect the elimination of different passport application 
fees for first-time and renewal applications and the requirement that 
the execution fee be paid at the time of application rather than 
issuance.
    The new passport fees will fully recover the cost of domestic and 
overseas passport application processing. In addition, consistent with 
long-standing Department practice, the fee will recover the cost of all 
emergency citizens services performed abroad, including assistance to 
U.S. citizens in cases of arrest, detention, death, serious illness or 
accident abroad. Also covered are the costs of certain non-emergency 
citizens services such as passport amendments and the voluntary 
registration of U.S. citizens at posts abroad.

Passport Expedite Fee (Implementation August 19, 2002)

    The Schedule increases the passport expedite fee from $35 to $60. 
This fee pays for all of the additional costs associated with 
expediting the processing and issuance of an applicant's passport at a 
U.S. Passport Agency, so that the applicant can receive a passport in 
three days or less, instead of a domestic timeframe of approximately 
five weeks for mail-in applications that are not expedited. No overseas 
costs have been included in the fee for this service as the fee is not 
charged abroad, where the smaller volume of passport applications and 
other factors allow the Department's posts generally to act on all 
passport applications in three days or less, eliminating the need to 
differentiate between standards of service.

File Search and Verification of U.S. Citizenship (Implementation 
August 19, 2002)

    The $45 fee for this service has been held below cost because it is 
almost always associated with a passport application. Remaining costs 
have been allocated to the passport application, both adult and minor.

Adjudication of Citizenship for Undocumented Passport Applicants 
Born Abroad

    This item has been eliminated from the Schedule because the fee was 
reduced from $100 to 0, effective March 30, 2001, by Public Notice 
3625, Federal Register, March 30, 2001 (66 FR 17360), for the reasons 
explained therein.

Report of Birth

    The Schedule increases the application fee for a Report of Birth of 
a U.S. Citizen Abroad from $40 to $65. The actual cost of performing 
the service is considerably higher, especially when the parents have 
lived abroad for long periods of time and their prior residency in the 
United States must be confirmed if their ability to transmit 
citizenship to their children is subject to a residency transmission 
requirement. It is in the U.S. Government's interest, however, to have 
U.S. citizens documented as early as possible. Keeping the fee below 
cost is intended to ensure that the fee itself does not serve as a 
disincentive to having young children documented as U.S. citizens. 
Remaining costs have been allocated to the passport application, both 
adult and minor. Fees for duplicate copies of Reports of Birth will be 
charged as presented in the Schedule under Documentary Services.

Overseas Citizens Services

    The primary responsibility of U.S. consular officers abroad is the 
protection and welfare of U.S. citizens. No-fee services performed in 
instances of arrests, missing persons, child custody inquiries and 
destitution (requiring repatriation and/or emergency dietary assistance 
loans) are listed on the Schedule for the information of the U.S. 
citizen traveler. As noted in the discussion of the passport fee, the 
costs for these services will continue to be allocated to the passport 
fee, consistent with long-standing Department practice. This ensures 
that any U.S. citizen traveling abroad may obtain emergency consular 
services without regard to ability to pay for the actual services 
rendered.

Death and Estate Services

    No-fee services provided to the next-of-kin after the death of a 
U.S. citizen abroad have been consolidated under one item. The costs of 
these services are allocated to the passport fee.
    The $235 hourly rate for consular time plus costs incurred will be 
charged for making arrangements for a deceased non-U.S. citizen family 
member. It replaces the current $700 flat fee for assistance in 
arranging transshipment of a foreign national's remains and in 
providing related documentary services. Assistance in the case of a 
non-U.S. citizen's death is provided only under special circumstances, 
e.g., when a U.S. citizen relative requires assistance or no 
representative of the deceased's country of nationality is present to 
render assistance. The Schedule sets a $60 fee

[[Page 34833]]

for the issuance of a Consular Mortuary Certificate on behalf of a non-
U.S. citizen, based on the average time required to prepare the 
document.
    The Schedule combines all estate services for U.S. citizens under a 
single item. Consular officers have authority to take possession of and 
inventory estates and to oversee the final disposition of estates of 
U.S. citizens who die abroad. This authority is generally exercised, 
often on an interim basis, in the absence of a legal representative or 
in emergency situations. Expenses incurred in settling estates are 
generally paid from estate proceeds or must be paid by the estate 
representative. The costs of consular time and incidental expenses 
attributable to estate work are generally allocated to the passport fee 
because of the circumstances in which these services are provided and 
because the amount of consular time required usually is small. An 
additional reason for this approach is that most estates abroad are 
small and the net proceeds from disposition of the assets would not be 
sufficient to pay for even the minimal consular time usually involved. 
Thus, the Schedule has no separate fee for most estate work. In those 
few estate cases that do require significant consular time or 
expenditures, however, the Department has determined it is appropriate 
to charge for consular time and/or to require reimbursement of 
expenses. (In such cases, overseeing the sale and final disposition of 
the estate--disbursing funds and carrying out other legally related 
estate business--is often more appropriately handled by a private 
attorney or executor.)

Nonimmigrant Visa Services

    The Schedule raises to $65 the nonimmigrant Machine Readable Visa 
(MRV) application processing and Border Crossing Card fees. These fees 
pay for all costs associated with the processing and issuance of either 
an MRV or a machine-readable combined border crossing card and 
nonimmigrant visa (BCC). The five-year border crossing card fee for 
qualified Mexican children under the age of 15 remains $13, in 
accordance with Public Law 105-277 (see discussion under BACKGROUND 
above). Costs not recovered through the $13 fee have been reallocated 
to the fee for the 10-year MRV/BCC, as authorized by Public Law 105-
277.
    An exemption from the MRV fee has been added for U.S. government 
employees traveling on official business. A parallel exemption has been 
added under the nonimmigrant visa issuance fee, which is reciprocal, 
and varies according to the fees charged U.S. citizens by the 
applicant's country of origin. The U.S. government is deemed the 
primary beneficiary of this exemption because it applies to non-U.S. 
citizen U.S. government employees who travel to the United States on 
U.S. government orders to carry out their duties as employees.

Immigrant Visa Services

    The Schedule sets one immigrant visa application processing fee of 
$335 to replace the current Schedule's two separate fees for immigrant 
visa application processing ($260) and immigrant visa issuance ($65). 
The Department determined that charging one fee would simplify fee 
collection and enhance both administrative efficiency and convenience 
to the applicant. Some of the costs of related services (e.g., 
Affidavit of Support review, returning resident status determinations) 
have also been allocated to the immigrant visa application fee to keep 
the fees for those services at lower levels. Because a single 
processing fee will be charged, the Department has also reviewed and is 
changing its regulation regarding the circumstances in which a refund 
will be allowed (22 CFR 42.71). Since there will be no issuance fee, 
refunds will no longer be related to whether or not an immigrant visa 
is issued. Given that the actual work involved in processing an 
immigrant visa application has already commenced by the time the 
application fee is paid, the fee will be non-refundable unless the 
application is not or cannot be adjudicated as a result of action by 
the U.S. Government.
    The current $75 Diversity Visa (DV) Lottery surcharge for the 
immigrant visa application will increase to $100. The Department has 
legal authority to establish the surcharge, which is paid only by 
persons who ``win'' the lottery and apply for a DV visa, at a level 
sufficient to cover the entire cost of running the lottery. The full 
exercise of this authority would lead to a much higher surcharge 
because the number of winning applicants (roughly 55,000) is much 
smaller than the total number of lottery entrants (recently about 10 
million). The surcharge has been kept below the legally authorized 
amount. The Department notes that DV applicants must also pay the 
immigrant visa application processing fee; that the $100 surcharge will 
represent an increase in this surcharge of 33 percent; and that the 
$100 surcharge will cover the Department's direct (but not indirect) 
costs of running the lottery. The Department believes that a $100 
surcharge is therefore reasonable. Costs not recovered by the surcharge 
have been allocated to appropriations.
    The Schedule raises to $65 the Affidavit of Support Review Fee, 
currently $50. This fee is charged domestically for all Affidavits of 
Support reviewed at the National Visa Center to ensure that they are 
properly completed before they are forwarded to a consular post for 
adjudication. The fee has been held below the cost of service; costs 
not recovered through the fee have been allocated to the immigrant visa 
application.

Special Visa Services

    While higher than current fees, the fees for determining returning 
resident status ($360, currently $50), and for a transportation letter 
for legal permanent residents of the U.S. ($300, currently $100) will 
represent only approximately 50% of the Department's full costs of 
providing these services. Costs not covered by the fees for these 
special visa services have been allocated to the immigrant visa 
application-processing fee. This allocation allows the special visa 
service fees to be lower and is appropriate given that the users of the 
special visa services generally are persons who have previously been 
issued immigrant visas, and that someone issued an immigrant visa may 
reasonably expect to use such services at some point in the future in 
an unforeseen situation.
    The fee charged for a waiver of the two-year residency requirement 
for J-visa holders has increased to $230. This fee has been set to 
recover all of the costs associated with providing this service.
    The current $25 fee for fingerprinting, when required in connection 
with a visa application, will increase to $85 to cover all costs 
incurred in providing this service abroad, including FBI costs billed 
to the Department of State for fingerprint processing.

Documentary Services

    For documentary services, the Schedule establishes a new fee 
structure that the Department expects will be easy to administer and 
that will lower the direct cost to customers. It establishes a 
consistent per-item fee for all documentary services. Customers 
requiring a service multiple times as part of a single transaction 
(e.g., notarization of a bill of sale and five copies, or notarization 
of three documents required for a single real estate transaction) will 
be charged one fee for the initial seal and a reduced fee for each 
subsequent seal. The current fees for documentary services are $55 for 
notarials, $20 for certifications, $10

[[Page 34834]]

for additional certified copies, and $32 for authentications. The 
Schedule sets a fee of $30 for the first seal for a notarial, certified 
copy, copy or certified document from the Department's Vital Records 
Section, and $20 for each additional seal. A fee of $30 is charged for 
each authentication of a U.S. or foreign official seal or signature. 
Costs not covered by the fees will be offset by appropriations. The 
Department notes that there is a long-standing, statutory requirement 
that consular officers perform notarial services abroad. Such services 
are available for minimal fees in the United States, and public concern 
over the Department's notarial fees when they were set in 1998 to 
ensure that the actual users pay the full cost of service has 
demonstrated a widespread expectation that notarial and similar 
services will be available from the U.S. Government to overseas users 
for fees that are not significantly higher than domestic fees, even if 
the overseas fee is well below the actual cost of service. Thus, the 
Department has concluded that allocating part of the cost of notarials 
to the general taxpayer is appropriate.
    Under the Schedule, documentary fee exemptions for U.S. federal, 
state and local government agencies are combined under one item. One 
new exemption has been added: No fee will be charged for notarial 
services performed with respect to endorsing U.S. Savings Bonds 
Certificates. The U.S. Government is a beneficiary of the U.S. Savings 
Bond program, and imposing a fee on the individual bondholders for this 
service in the past has at times adversely affected persons of limited 
resources, thereby potentially discouraging use of this investment 
vehicle.

Judicial Assistance Services

    The Schedule separates judicial assistance services from 
documentary services. A fee of $650 is charged for processing letters 
rogatory, judicial assistance cases under the Foreign Sovereign 
Immunities Act, and certificates for return of letters rogatory 
executed by foreign officials. The $650 fee covers the estimated costs 
incurred in a routine case. A flat rate of $475 is charged for making 
arrangements for taking one or more depositions that will run 
continuously in a single location on a single day so that only one set 
of reservations for facilities, reporting, and other services need be 
made. This fee also reflects the estimated cost of a normal case. It 
will be charged again if a deposition for which the fee has been paid 
is cancelled and rescheduled. When a consular official must also attend 
or take the deposition or execute a commission to take testimony, the 
Department proposes to charge, in addition, the hourly rate for the 
time spent performing this service and for expenses actually incurred. 
A flat fee of $235 is charged for swearing in witnesses for telephone 
depositions, reflecting that a consular officer will generally have to 
reserve an hour of time for this service. If the consular officer must 
remain on the line while the deposition proceeds, an hourly rate of 
$235 will be charged for each hour or part thereof over the first hour. 
The $60 fee for providing seal and certification of depositions is 
based on an estimate of the average time needed to perform this 
service.
    The Schedule includes two exemptions from fees for judicial 
assistance services:

--The first applies to U.S. Federal, state, and local government 
agencies. The Department has determined that it is normally in the 
interest of the U.S. Government to perform services for other 
government agencies without assessing fees to those agencies. It 
streamlines administrative procedures for both agencies and facilitates 
performance of the task. In some cases, however, the effort required of 
the consular officer abroad can be extreme, in terms of time and cost. 
In those cases, the Department reserves the right to recover those 
costs by charging other agencies for consular time and expenses 
incurred. The cost of normal services for government agencies will 
otherwise be recovered through appropriations.
--Under the second exemption, no fee will be charged to execute 
commissions to 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. The Department has 
determined that it is in the U.S. Government's interest to perform 
these services without assessing fees. It streamlines administrative 
procedures, facilitates performance of the task without imposing 
bureaucratic obstacles, and is consistent with the government's broad 
interest in ensuring that criminal defendants get a fair trial.

Services Relating to Vessels and Seamen

    The Schedule will recover all costs associated with the processing 
and issuance of shipping and seamen services by charging the proposed 
$235 hourly rate for consular time plus any expenses incurred. These 
services include, but are not limited to, recording a bill of sale of a 
vessel purchased abroad, renewal of a marine radio license, and 
issuance of a certificate of American ownership. As these services are 
not performed on any routine basis, an average fee could not be 
determined. In paying the hourly rate for consular time, the 
beneficiary of the service will bear the full cost.

Administrative Services

    The fee for setting up and maintaining a trust account increases 
from $25 to $30. It is Department policy to keep this fee below the 
cost of service because it is generally provided to individuals who 
have limited resources or who face unusual obstacles in transferring 
funds abroad. The remaining costs have been allocated to the passport 
application fee.
    Consular time charges increase to $235 per hour and reflect the 
actual direct and indirect cost of service as determined by the Cost of 
Service Study conducted by the Bureau of Consular Affairs. The 
Department notes that this rate is high in part because maintaining 
consular officers and facilities abroad, including secure work and 
living environments, is costly.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a final rule after it was 
published as a proposed rule on March 28, 2002 (67 FR 14895), Public 
Notice 3950.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities as defined in 
5 U.S.C. 601(6).

Unfunded Mandates Reform 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 $100 
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 Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse

[[Page 34835]]

effects on competition, employment, investment, productivity, 
innovation, or on the ability of the United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order. In 
addition, OMB has been provided with an information copy of the 
proposed regulation.

Executive Order 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 warrant the preparation of a 
federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements.

Implementation Date

    The effective date of this regulation is June 1, 2002. The 
implementation date for Passport Services fees, Item Numbers 1, 2, 3 
and 6, is August 19, 2002, following the peak travel season, and is 
intended to accommodate the U.S. traveling public.

List of Subjects

22 CFR Part 22

    Consular services, Fees, Schedule of fees for consular services, 
Passports and visas.

22 CFR Part 51

    Fees, Passports and visas.

    Accordingly, 22 CFR parts 22 and 51 are amended 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; Pub. L. 105-277, 112 Stat. 2681 et seq.; 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:


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 Execution: Required for first-time    $30.
 applicants and others who must apply in person
 (implementation 8/19/02) [01--Passport
 Execution].
2. Passport Application Services (implementation
 8/19/02) for:
    (a) Applicants age 16 or over (including      $55.
     renewals) [02--Adult Passport].
    (b) Applicants under age 16 [03--Minor        $40.
     Passport].
    (c) Passport amendments (extension of         No fee.
     validity, name change, etc.) [04--
     Amendment].
3. Expedited service: Guaranteed 3-day            $60.
 processing and/or in-person service at a U.S.
 Passport Agency (implementation 8/19/02; not
 applicable abroad) [Expedited Service].
4. Exemptions: The following applicants are
 exempted from passport fees:
    (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(a)) proceeding
     abroad or returning to the United States in
     the discharge of their official duties [05--
     Passport Exempt].
    (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) [05-- Passport Exempt].
    (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) [05--Passport
     Exempt].
    (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. 2603) [05--Passport Exempt].
5. Travel Letter: Provided as an emergency        No fee.
 accommodation to a U.S. citizen returning to
 the United States when the consular officer is
 unable to issue a passport book (consular time
 charges, item 75, may apply) [06--U.S.C. Travel
 Letter].
6. File search and verification of U.S.           $45.
 citizenship (implementation 8/19/02): 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) [07--PPT File
 Search].
7. Application for Report of Birth Abroad of a    $65.
 Citizen of the United States: [08--Report Birth
 Abroad].
(Items nos. 8 through 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.
13. Loan processing:
    (a) Repatriation loans......................  No fee.
    (b) Emergency dietary assistance loans......  No fee.
 

[[Page 34836]]

 
            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-   Consular time (item
     U.S. citizen family member (providing         75) plus expenses.
     assistance in shipping or other disposition
     of remains of a non-U.S. Citizen) [11--Non
     U.S.C. Death].
15. Issuance of Consular Mortuary Certificate on  $60.
 behalf of a non-U.S. Citizen [12--Non-U.S.C.
 Mort Cert].
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).
    (c) For services listed in 16(a) or (b) when  Consular time (item
     significant time and/or expenses are          75) and/or expenses.
     incurred [13--Estate Costs].
(Items nos. 17 through 20 vacant)
 
           Nonimmigrant Visa Services
 
21. Nonimmigrant visa application and border
 crossing card processing fees (per person):
    (a) Nonimmigrant visa [21--MRV Processing]..  $65.
    (b) Border crossing card--10 year (age 15     $65.
     and over) [22--BCC 10 Year].
    (c) Border crossing card--5 year (under age   ......................
     15).
    (d) For Mexican citizen if parent or          $13.
     guardian has or is applying for a border
     crossing card [23--BCC 5 Year].
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
     [24--MRV Exempt].
    (b) Applicants for J visas participating in   No fee.
     official U.S. Government sponsored
     educational and cultural exchanges [24--MRV
     Exempt].
    (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 [24--MRV Exempt].
    (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 [24--MRV Exempt].
    (e) Applicants travelling to provide          No fee.
     charitable services as determined by the
     Department [24--MRV Exempt].
    (f) U.S. Government employees travelling on   No fee.
     official business [24--MRV Exempt].
23. Nonimmigrant visa issuance fee, including
 border-crossing cards.
    [25--NIV Issuance Reciprocal] Reciprocal
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 [26--
     NIV Issuance Exempt].
    (b) An applicant transiting to and from the   No fee.
     United Nations Headquarters [26--NIV
     Issuance Exempt].
    (c) An applicant participating in a U.S.      No fee.
     Government sponsored program [26--NIV
     Issuance Exempt].
    (d) An applicant travelling to provide        No fee.
     charitable services as determined by the
     Department [26--NIV Issuance Exempt].
(Items Nos. 25 through 30 vacant)
       Immigrant and Special Visa Services
 
31. Filing immigrant visa petition (Collected
 for INS and subject to change):
    (a) Petition to classify status of alien      $130.
     relative for issuance of immigrant Visa
     [81--INS I--130 Petition].
    (b) Petition to classify orphan as an         $460.
     immediate relative [82--INS I-600 Petition].
32. Immigrant visa application processing fee     $335.
 (per person) [31--IV Application].
33. Diversity Visa Lottery surcharge for          $100.
 immigrant visa application (per person applying
 as a result of the lottery program) [32--DV
 Processing].
34. Affidavit of Support Review (only when AOS    $65.
 is reviewed domestically).
35. Special visa services:
    (a) Determining Returning Resident Status     $360.
     [33--Returning Resident].
    (b) Transportation letter for Legal           $300.
     Permanent Residents of U.S. [34--LPR
     Transportation Letter].
    (c) Waiver of 2 year residency requirement    $230.
     [J Waiver].
    (d) Waiver of immigrant visa ineligibility    $195.
     (collected for INS and subject to change)
     [83--IV Waiver].
    (e) Refugee or significant public benefit     No fee.
     parole case processing [35--Refugee/Parole].
    (f) U.S. Visa fingerprinting [36--            $85.
     Fingerprints].
(Item Nos. 36 through 40 vacant)
 
              Documentary Services
 
41. Providing notarial service:
    (a) First service (seal) [41--Notarial].....  $30.

[[Page 34837]]

 
    (b) Each additional seal provided at the      $20.
     same time in connection with the same
     transaction [42--Additional Notar].
42. Certification of a true copy or that no
 record of an official file can be located (by a
 post abroad):
    (a) First Copy [43--Certified Copy].........  $30.
    (b) Each additional copy provided at the      $20.
     same time [44--Additional Copy].
43. Provision of documents, certified copies of
 documents, and other certifications by the
 Department of State (domestic):
    (a) Documents relating to births, marriages,  $30.
     and deaths of U.S. citizens abroad
     originally issued by a U.S. Embassy or
     Consulate.
    (b) Issuance of Replacement Report of Birth   $30.
     Abroad.
    (c) Certified copies of documents relating    $30.
     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        $30.
     extract from an official passport record.
    (e) Certifying that no record of an official  $30.
     file can be located [45--Brth/Mar/Death/No
     Record].
    (f) Each additional copy provided at same     $20.
     time [46--Additional Cert].
44. Authentications (by posts abroad):
    (a) Authenticating a foreign notary or other  $30.
     foreign official seal or signature.
    (b) Authenticating a U.S. Federal, State, or  $30.
     territorial seal.
    (c) Certifying to the official status of an   $30.
     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.
    (d) Each authentication [47--Authentication]  $30.
45. Exemptions: Notarial, certification, and
 authentication fees (items 35, 36, and 37) or
 passport file search fees (item 4) 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) [48--Documents Exempt].
    (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 [48--Documents Exempt].
    (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 [48--Documents Exempt].
    (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 [48--Documents Exempt].
    (e) At the direct request of a foreign        No fee.
     government official when appropriate or as
     a reciprocal courtesy [48--Documents
     Exempt].
    (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 [48--Documents Exempt].
    (g) With respect to documents whose           No fee.
     production is ordered by a court of
     competent jurisdiction [48--Documents
     Exempt].
    (h) With respect to affidavits of support     No fee.
     for immigrant visa applications [48--
     Documents Exempt].
    (i) With respect to endorsing U.S. Savings    No fee.
     Bonds Certificates [48--Documents Exempt].
(Item nos. 46 through 50 vacant)
          Judicial Assistance Services
 
51. Processing letters rogatory and Foreign
 Sovereign Immunities Act (FSIA) judicial
 assistance cases, including providing seal and
 certificate for return of letters rogatory
 executed by foreign officials:
    [51--Letters Rogatory]......................  $650.
    [52--FSIA]..................................  $650.
52. Taking depositions or executing commissions
 to take testimony:
    (a) Scheduling/arranging appointments for     $475.
     depositions, including depositions by video
     teleconference (per daily appointment) [53--
     Arrange Depo].
    (b) Attending or taking depositions, or       $235 per hour plus
     executing commissions to take testimony       expenses.
     (per hour or part thereof) [54--Depose/
     Hourly].
    (c) Swearing in witnesses for telephone       $235.00.
     depositions [55--Telephone Oath].
    (d) Supervising telephone depositions (per    $235 per hour plus
     hour or part thereof over the first hour)     expenses.
     [56--Supervise Tel Depo].
    (e) Providing seal and certification of       $60.00.
     depositions [57--Deposition Cert].
53. Exemptions: Deposition or executing
 commissions to take testimony. Fees (item 42)
 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)
     [58--Judicial Exempt].
    (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 [59--
     Indigent Test].
(Items no. 54 through 60 vacant)
     Services Relating to Vessels and Seamen
 
61. Shipping and Seaman's services: Including
 but not limited to, recording a bill of sale of
 a vessel purchased abroad, renewal of a marine
 radio license, and issuance of certificate of
 American ownership:

[[Page 34838]]

 
    [61--Shipping Bill of Sale].................  Consular time (item
                                                   75) plus expenses.
    [62--Shipping Radio Lic]....................  Consular time (item
                                                   75) plus expenses.
    [63--Shipping Cert AM Own]..................  Consular time (item
                                                   75) plus expenses.
    [64--Shipping Misc].........................  Consular time (item
                                                   75) plus expenses.
(Item nos. 62 through 70 vacant)
 
             Administrative Services
 
71. Non-emergency telephone calls [70--Toll Call  Long distance charge
 Cost] [71--Toll Cost Surcharge].                  plus $10.
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 [72--OCS Trust].
73. Transportation charges incurred in the        Expenses incurred.
 performance of fee and no-fee services when
 appropriate and necessary [73--Transportation].
74. Return check processing fee [74--Return       $25.
 Check].
75. Consular time charges: As required by this    $235.
 schedule and for fee services performed away
 from the office or during after-duty hours (per
 hour or part thereof/per consular employee)
 [75--Consular Time].
76. Photocopies (per page) [76--Photocopy]......  $1.
(Items nos. 77 through 80 vacant)
------------------------------------------------------------------------

PART 51--[AMENDED]

    3. The authority citations for part 51 continues to read as 
follows:

    Authority: 22 U.S.C. 211a; 213, 2651a; 2671(d)(3), 2714 and3926; 
31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570; sec. 
236, Pub. L. 106-113, 113 Stat. 1501A-430; 18 U.S.C.1621(a)(2).

    4. 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 application filed, which fee shall vary 
depending 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. A person who is denied a passport may request that the 
application be reconsidered without payment of an additional fee upon 
the submission, within 90 days after the date of the denial, of 
documentation not previously presented that is sufficient to establish 
citizenship or entitlement to a passport.
    (b) A fee for execution of the passport application, except as 
provided in Sec. 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 application fee at the time of application and is not 
refundable (see Sec. 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 
Sec. 51.66.

    Dated: May 3, 2002.
Grant S. Green,
Under Secretary of State for Management, Department of State.
[FR Doc. 02-12048 Filed 5-15-02; 8:45 am]
BILLING CODE 4710-06-P