[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Proposed Rules]
[Pages 6321-6330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2816]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 6887]
RIN 1400-AC58
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State.
ACTION: Proposed rule.
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SUMMARY: This rule proposes adjustments in current fees for consular
services. The Department of State is adjusting the fees in light of an
independent cost of service study's (``CoSS'') findings that the U.S.
Government is not fully covering its costs for providing these services
under the current fee structure. The primary objective of the
adjustments to the Schedule of Fees is to ensure that fees for consular
services reflect costs to the United States of providing the services.
DATES: Written comments must be received on or before 30 days from
February 9, 2010.
ADDRESSES: Interested parties may submit comments by any of the
following methods:
Persons with access to the Internet may view this notice
and submit comments by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.
Mail (paper, disk, or CD-ROM): U.S. Department of State,
Office of the Executive Director, Bureau of Consular Affairs, U.S.
Department of State, Suite H1001, 2401 E Street NW., Washington, DC
20520.
E-mail: [email protected]. You must include the RIN (1400-
AC58) in the subject line of your message.
FOR FURTHER INFORMATION CONTACT: Amber Baskette, Office of the
Executive Director, Bureau of Consular Affairs, Department of State;
phone: 202-663-2599, telefax: 202-663-2499; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The proposed rule makes changes to the Schedule of Fees for
Consular Services of the Department of State's
[[Page 6322]]
Bureau of Consular Affairs (``Schedule of Fees'' or ``Schedule''), as
well as a conforming amendment to 22 CFR 51.51(d). As discussed below,
full cost recovery is the basis on which consular fees are ordinarily
set and collected. In line with this principle, the Department has
reviewed its current consular fees based on a recently completed CoSS,
and decided to implement a number of changes to the Schedule of Fees.
Two of these changes are particularly noteworthy. First, the
proposed rule establishes a tiered application processing fee for
immigrant visas depending on the category, as determined by the cost to
the U.S. Government of processing that particular category of visa.
Second, the proposed rule increases the adult passport book application
fee from $55 to $70 to make this fee more consistent with full cost
recovery. Moreover, 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 for which they
will not be charged.
Nonimmigrant visa fees, including fees for Machine-Readable Visas
(MRVs) and Border Crossing Cards (BCCs), have been modified pursuant to
a separate rule published December 14, 2009. These modified fees are
reflected in Item 21 of the Schedule below.
What Is the Authority for This Action?
The Department of State derives the general authority to set the
amount of fees for the consular services it provides, and to charge
those fees, from the general user charges statute, 31 U.S.C. 9701. See,
e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency * * * may
prescribe regulations establishing the charge for a service or thing of
value provided by the agency * * * based on * * * the costs to the
Government * * *.''). As implemented through Executive Order 10718 of
June 27, 1957, 22 U.S.C. 4219 further authorizes the Department to
establish fees to be charged for official services provided by U.S.
embassies and consulates. Other authorities allow the Department to
charge fees for consular services, but not to determine the amount of
such fees, as the amount is statutorily determined. Examples include:
(1) The $13 fee for machine-readable BCCs for certain Mexican citizen
minors, Omnibus Consolidated and Emergency Supplemental Appropriations
Act of 1999, Public Law 105-277, 112 Stat. 2681-50, Div. A, Title IV,
sec. 410(a) (reproduced at 8 U.S.C. 1351 note); and (2) the reciprocal
nonimmigrant visa issuance fee, 8 U.S.C. 1351.
A number of other statutes address specific fees relating to
passport processing, immigrant and nonimmigrant visa processing, and
overseas citizens services. For example, 22 U.S.C. 214 authorizes the
Department to charge passport application and execution fees. Another
law authorizes the Department to establish a fee for the processing of
applications for ``diversity visas,'' to recover the costs of the
``visa lottery'' program conducted under Immigration and Nationality
Act (INA) sections 203 and 222, 8 U.S.C. 1153, 1201. See Omnibus
Consolidated Appropriations Act, 1997, Public Law 104-208, 110 Stat.
3009, Div. C, Title VI, Sec. 636 (reproduced at 8 U.S.C. 1153 note).
Only those applicants who register in the lottery and are selected may
apply for a visa, and those who choose to apply must pay the fee; the
fee incorporates the costs to the Department of administering the
lottery program. Id. Another statute authorizes the Department to
collect and retain surcharges on passports and immigrant visas to help
pay for efforts to enhance border security. See 8 U.S.C. 1714. While
these fees were originally frozen statutorily at $12 and $45
respectively, subsequent legislation authorized the Department to amend
these amounts administratively, provided the resulting surcharge is
``reasonably related to the costs of providing services in connection
with the activity or item for which the surcharges are charged.''
Department of State Authorities Act of 2006, Public Law 109-472, 120
Stat. 3554, sec. 6(b)(1) (reproduced at 8 U.S.C. 1714 note).
Furthermore, several statutes deal with fees for nonimmigrant visas,
including the issuance fee statute described above, 8 U.S.C. 1351
(establishing reciprocity as the basis for the nonimmigrant visa
issuance fee), and the MRV and BCC fees modified in the proposed rule
published in the Federal Register on December 14, 2009.
Certain persons are exempted by law or regulation from paying
specific fees or are expressly made subject to a special fee regime by
law. These are noted in the Schedule of Fees below. They include, for
instance, several exemptions from the nonimmigrant visa application fee
for certain individuals who engage in charitable activities or who
qualify for diplomatic visas. See 8 U.S.C. 1351; 22 CFR 41.107(c).
Certain Iraqi and Afghan nationals are similarly exempt from paying an
immigrant visa application fee. See National Defense Authorization Act
for Fiscal Year 2008, Public Law 110-181, 122 Stat. 3, Div. A, Title
XII, sec. 1244(d) (reproduced at 11 U.S.C. 1157 note); Omnibus
Appropriations Act, 2009, Public Law 111-8, 123 Stat. 524, Div. F,
Title VI, sec. 602(b)(4) (reproduced at 8 U.S.C. 1101 note). As another
example, qualifying Mexican citizen minors pay a special BCC fee well
below what it costs the Department to process such cards. Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999,
Public Law 105-277, Div. A, Title IV, sec. 410(a), reproduced at 8
U.S.C. 1351 note.
While for most consular fees, the funds collected must be deposited
into the Treasury, various statutes permit the Department to retain the
fees it collects. Among these are the following: (1) The MRV and BCC
fees, Omnibus Consolidated and Emergency Supplemental Appropriations
Act of 1999, Public Law 103-236, Title I, sec. 140(a)(2), 112 Stat.
2681-50 (reproduced at 8 U.S.C. 1351 note); (2) the passport expedite
fee, Department of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1995, Public Law 103-317, 108
Stat. 1724, Title V (reproduced at 22 U.S.C. 214 note); (3) the
passport and immigrant visa security surcharges, 8 U.S.C. 1714; (4) the
Western Hemisphere Travel Initiative (WHTI) surcharge, which is
imbedded in the passport book and passport card application fees, 22
U.S.C. 214(b)(1); (5) the diversity visa lottery fee Omnibus
Consolidated Appropriations Act, 1997, Public Law 104-208, Div. C,
Title VI, sec. 636 (reproduced at 8 U.S.C. 1153 note); (6) the fee for
an affidavit of support, Consolidated Appropriations Act, 2000, Public
Law 106-113, 113 Stat. 1501, Div. A, Title II, Sec. 232(a) (reproduced
at 8 U.S.C. 1183a note); and (7) the fee to process requests from
participants in the Department's Exchange Visitor Program for a waiver
of the two-year home-residence requirement, 22 U.S.C. 1475e. The
Department also has available to it a portion of certain fraud
prevention and detection fees charged to applicants for H- and L-
category visas. 8 U.S.C. 1356(v)(2)(A).
Why Is the Department Adjusting Fees at This Time?
With certain exceptions--such as the reciprocal nonimmigrant visa
issuance fee and the reduced Mexican citizen minor BCC fee described
above, as well as a congressionally mandated $1 surcharge on all
nonimmigrant visas, see William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, Public Law 110-457, 122 Stat.
5044, Title II, sec. 239 (reproduced at 8 U.S.C. 1351 note)--the
Department of
[[Page 6323]]
State generally sets consular fees at an amount calculated to achieve
recovery of the costs to the U.S. Government of providing the consular
service, in a manner consistent with general user charges principles,
regardless of the specific statutory authority under which the fees are
authorized. As set forth in OMB Circular A-25, as a general policy,
each recipient should pay a reasonable user charge for government
services, resources, or goods from which he or she derives a special
benefit, at an amount sufficient for the U.S. Government to recover the
full costs to it of providing the service, resource, or good. See OMB
Circular No. A-25, sec. 6(a)(2)(a). The OMB guidance covers all Federal
Executive Branch activities that convey special benefits to recipients
beyond those that accrue to the general public. See id., sections 4(a),
6(a)(1).
While fees are thus set in accordance with full cost recovery,
there are limited circumstances, such as the passport book and card
application fees for minors, in which costs are allocated to related
fees or the Department charges a fee that is lower than the cost of
providing the service. This may be done in order to account for
statutory requirements or the potential impact on the public of setting
those fees at a higher level.
The Department reviews consular fees periodically to determine each
fee's appropriateness in light of the OMB guidance. The Department has
made the changes set forth in this proposed Schedule of Fees
accordingly. In line with this guidance, the Department contracted for
an independent CoSS, which conducted its work from August 2007 through
June 2009. The CoSS used an activity-based costing model to determine
the current direct and indirect costs to the U.S. Government associated
with each consular good and service the Department provides. The
contractor and Department staff surveyed and visited domestic and
overseas consular sites handling a representative sample of all
consular services worldwide. The study identified the cost of the
various discrete consular goods and services, both direct and indirect,
and the study's results formed the basis of the changes herein proposed
to the Schedule. Detailed information concerning the CoSS's methodology
is available from the Bureau of Consular Affairs.
In situations where services are provided with enough frequency to
develop a reliable estimate of the average time involved, the Schedule
generally sets a flat service fee. In situations that require services
to be performed away from the office or during after-duty hours, the
Department calculates the fee based on a consular ``hourly rate''; this
rate, which appears at Item 75 on the Schedule below, represents the
cost per hour or part thereof/per consular employee. Whether by flat
fee or fee determined by hourly rate, the fees the Department charges
are designed to recover--at most--the full costs the Department expects
the U.S. Government to incur over the period the Schedule will be in
effect. The Department based all fees in the Schedule on projected
Fiscal Year 2010 workloads.
As a result of the CoSS's findings and the Department's analysis of
these findings, the Department is hereby proposing adjustments to the
Schedule of Fees. As noted above, adjustments to nonimmigrant visa
fees, including those for BCCs, have been promulgated under a separate
rule published December 14, 2009.
The last broad set of amendments to the Schedule occurred in 2005,
though the Department has made piecemeal amendments to it since that
time. Some fees, including items 31(a) and (b) and 35(d), are set by
the Department of Homeland Security and were most recently updated by
that agency on July 30, 2007. Changes to the current Schedule of Fees
are discussed below. All CoSS estimates discussed below are based on
projected workload for Fiscal Year 2010, and fees have been rounded to
make them easier to collect, especially when converting from foreign
currencies, which are most often used when paying for fees at posts
abroad. This proposed rule also makes a conforming amendment to 22 CFR
51.51(d), which establishes the surcharge on the filing of each
passport application in order to cover the costs of meeting the
increased demand for passports as a result of actions taken to comply
with section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458, 118 Stat. 3638 (reproduced
at 8 U.S.C. 1185 note).
Passport Book Application Services
The Department is increasing the application fee for a passport
book for an adult (age 17 and older) from $55 to $70. The application
fee for a passport book for a minor (age 16 and younger) will remain at
$40. The CoSS estimated that the cost of processing first-time passport
applications for both adults and minors is $105.80 based on a projected
FY10 workload of 11.9 million. This cost includes border security costs
covered by the passport book security surcharge, discussed immediately
below. Because a minor passport book has a validity of just five years,
in contrast with the ten-year validity period of an adult passport
book, the Department has decided to leave the minor passport book
application fee at $40, and allocate the remainder of the cost of
processing minor passport book applications to the adult passport
application fee.
As described in 22 CFR 51.51(d), this fee incorporates the costs of
meeting the increased demand for passports as a result of actions taken
to comply with section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458 (reproduced at 8 U.S.C. 1185
note). This portion of the application fee, which is embedded within
the fee and not charged separately or separately itemized in the
Schedule of Fees, has increased from $20 to $22 per application based
on increased costs related to new passport agencies serving border
communities.
Passport Book Security Surcharge
The Department is increasing the passport book security surcharge
from $20 to $40 in order to cover the costs of increased border
security which includes, but is not limited to, enhanced biometric
features in the document itself. The passport book security surcharge
is the same for adult passport books and for minor passport books.
Additional Passport Visa Pages
In the past, the Department provided extra pages in a customer's
passport, to which foreign countries' visas may then be affixed, at no
charge. The CoSS found that the cost of the pages themselves, of having
the pages placed in the book in a secure manner by trained personnel,
and of completing the required security checks results in a cost to the
U.S. Government of $82.48 based on a projected FY10 workload of
218,000. Therefore, the Department will charge $82 for this service.
Passport Card Application Services
The CoSS projected that the cost of processing first-time
applications for adult and minor passport cards will be $77.59 based on
an FY 2010 workload projection of 1.56 million cards. Adjudication
costs associated with a passport card are the same as those associated
with a passport book. Nevertheless, the card is intended to be a
substantially less expensive document than the passport book, for the
convenience of citizens who live close to land borders and cross back
and forth frequently. Therefore, the Department has decided to raise
the adult passport card application fee from $20 to just
[[Page 6324]]
$30, and the minor passport card application fee from $10 to just $15.
As described in 22 CFR 51.51(d), this application fee incorporates
the costs of meeting the increased demand for passports as a result of
actions taken to comply with section 7209(b) of the Intelligence Reform
and Terrorism Prevention Act of 2004, Public Law 108-458 (reproduced at
8 U.S.C. 1185 note). This portion of the fee, which is embedded within
the fee and not charged separately or separately itemized in the
Schedule of Fees, has increased from $20 to $22 for the adult passport
card and from $10 to $15 for the minor passport card, and is based on
increased costs related to new passport agencies serving border
communities.
File Search and Verification of U.S. Citizenship
When an applicant for a passport book or passport card does not
present evidence of citizenship, the Department must search its files
to attempt to discern his or her U.S. citizenship. The Department is
raising the fee for this service from $60 to $150 based on the cost of
providing the service, and notes that applicants can avoid paying this
fee by providing adequate citizenship documentation when applying for a
passport rather than to request a costly, time-intensive Department
file search.
Application for Consular Report of Birth Abroad of a Citizen of the
United States
The CoSS found that the cost of accepting and processing an
application for a Consular Report of Birth Abroad of a Citizen of the
United States is $197.28 based on an FY10 workload projection of 80,000
applications. The Department has decided to raise the fee from $65 to
$100, still significantly less than cost, based on its view that too
high a fee might deter U.S. citizen parents from properly documenting
the citizenship of their children at birth, a development the
Department feels would be detrimental to national interests.
Documentation for Renunciation of Citizenship
The CoSS demonstrated that documenting a U.S. citizen's
renunciation of citizenship is extremely costly, requiring American
consular officers overseas to spend substantial amounts of time to
accept, process, and adjudicate cases. A new fee of $450 will be
established to help defray a small portion of the total cost to the
U.S. Government of documenting the renunciation of citizenship.
Death and Estate Services
The CoSS found that the average cost of assisting U.S. citizens in
making arrangements for a deceased non-U.S. citizen family member
abroad is $388.19 based on an FY 2010 workload projection of 50,000
cases. The Department had previously charged a fee of $265 per hour,
the then-applicable fee for consular time (discussed below), plus
expenses. The Department has decided to set the new fee for death and
estate services at significantly lower than costs--$200 plus expenses--
in order to assist bereaved families.
Immigrant Visa Application Processing Fee
The Department is changing the fee for processing an immigrant visa
from $355 for all immigrant visas, to a four-tiered fee based on CoSS
estimates for each discrete category of immigrant visa, as applications
for certain applications cost more to process than others. Accordingly,
the application fee for a family-based (immediate relative and
preference) visa (processed on the basis of an I-130, I-600 or I-800
petition) will be $330.
The application fee for an employment-based visa (processed on the
basis of an I-140 petition) will be $720. Other immigrant visa
applications (including for diversity visa applicants, I-360 self-
petitioners, special immigrant visa applicants and all others) will
have a fee of $305. As noted above, certain qualifying Iraqi and Afghan
special immigrant visa applicants are statutorily exempt from paying a
processing fee. National Defense Authorization Act for Fiscal Year
2008, Public Law 110-181, Div. A, Title XII, Sec. 1244(d) (reproduced
at 11 U.S.C. 1157 note); Omnibus Appropriations Act, 2009, Public Law
111-8, Div. F, Title VI, sec. 602(b)(4) (reproduced at 8 U.S.C. 1101
note).
Immigrant Visa Security Surcharge
The Department is increasing the immigrant visa security surcharge,
which all applicants except those statutorily exempted must pay, from
$45 to $74 to cover increased security costs as determined by the CoSS,
including the costs of the enhanced security screening requirements
associated with fingerprint collection which were previously included
in the immigrant visa application processing fee.
Diversity Visa Lottery Fee for Immigrant Visa Application
The Department is raising the fee paid by winners of the Diversity
Visa lottery who apply for immigrant visas from $375 to $440 based on
CoSS estimates for an FY 2010 workload projection of 81,000
applications. The Department has authority to collect the surcharge
only from persons who are selected through the lottery process and
therefore qualify to apply for a Diversity Visa, and to set it at a
level sufficient to cover the entire cost of running the lottery.
Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, Div.
C, Title VI, Sec. 636 (reproduced at 8 U.S.C. 1153 note).
Affidavit of Support Review
The Department charges the affidavit of support review fee for all
affidavits of support reviewed at the National Visa Center in
connection with an application for an immigrant visa. The purpose of
the review is to ensure that each affidavit is properly completed
before the National Visa Center forwards it to a consular post for
adjudication. The Department is increasing the fee from $70 to $88 to
reflect the increase in the cost of providing this service to immigrant
visa applicants.
Determining Returning Resident Status
The CoSS found that determining the status of persons who claim to
be legal permanent residents of the United States but do not have
documentation to prove this fact, has become less costly than before
due to advances in automation, making it easier to verify U.S.
immigration status. As such, the Department will lower the fee from
$400 to $380.
Providing Documentary Services
The CoSS found the cost to the U.S. Government of providing
documentary services overseas is $76.36 per service based on a
projected FY 2010 workload of 380,000 services. These are primarily
notarial services, certification of true copies, provision of
documents, and authentications. However, the Department is raising
these fees only from $30 to $50, lower than cost, in order to minimize
the impact on the public.
Processing Letters Rogatory and Foreign Sovereign Immunities Act
Judicial Assistance Cases
The CoSS found that the cost to the U.S. Government of processing
letters rogatory and Foreign Sovereign Immunities Act judicial
assistance cases is $2,274.59 based on a projected FY 2010 workload of
1400 services. The Department will accordingly raise the fee for these
services to $2,275.
Taking Depositions or Executing Commissions To Take Testimony
Several services fall under this heading, and fees for three of the
[[Page 6325]]
services will be raised as a result of the CoSS's estimates of costs to
the U.S. Government. The new fees appear in the Schedule below.
Consular Time Charges
The Department previously charged a consular time fee of $265 per
hour, per employee. The CoSS estimated that consular time charges for
services performed away from the office or outside business hours only
costs $231 per hour, per employee. Therefore, the Department will lower
this fee to $231 per hour.
When Will the Department of State Implement This Proposed Rule?
The Department intends to implement this proposed rule, and
initiate collection of the fees set forth herein, as soon as
practicable following the expiration of the 30-day public comment
period following this proposed rule's publication in the Federal
Register, and after the Department has had the opportunity to fully
consider any public comments received.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
30-day provision for public comments.
Regulatory Flexibility Act
The Department, in accordance with the Regulatory Flexibility Act,
5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies
that the proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities as defined in
5 U.S.C. 601(6). This rule raises the application and processing fee
for passports, immigrant visas and American citizen services. The
Department of State estimates that the agency will process 16,000 total
employment-based immigrant visa applications, all of which fall into
the E-1, E-2, E-3, E-4, and E-5 categories. (Note: The Department of
Homeland Security processes domestic adjustment of status for
approximately 90 percent of all employment-based immigrants; cases
processed domestically do not pay Department of State fees.) The
issuance of some ``E'' category employment-based immigrant visas may be
contingent upon approval by DHS of a petition filed by a United States
company, and these companies pay a fee to DHS to cover the processing
of the petition. The amount of the petition fees that are paid by small
entities to DHS is not controlled by the amount of the visa fees paid
by individuals to the Department of State. The visa itself is sought
and the application processing fees are paid for by an individual
foreign national overseas who seeks to immigrate to the United States.
The Department of State does not track applications for employment-
based visas by the size and nature of the petitioning businesses, and
therefore cannot identify the share of this impact on the small
businesses versus large businesses. While some employers may choose to
reimburse application costs, small businesses are not required by law
to reimburse the individuals, and therefore no small businesses will be
impacted. Additionally, small entities may pay judicial services fees
if required for legal matters with foreign companies, but in very
limited circumstances and small numbers. For instance, worldwide in FY
2009, embassies and consulates arranged only 123 depositions and
processed only 156 letters rogatory.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local and
Tribal governments, in the aggregate, or by the private sector, of $1
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1501-1504.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking will not have
Tribal implications, will not impose substantial direct compliance
costs on Indian Tribal governments, and will not pre-empt Tribal law.
Accordingly, the requirements of Section 5 of Executive Order 13175 do
not apply to this rulemaking.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is a major rule as defined by section 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996, since it will
result in an annual effect on the economy of $100 million or more. See
5 U.S.C.804(2).
Executive Order 12866
OMB considers this rule to be an economically significant
regulatory action under Executive Order 12866, section 3(f)(1),
Regulatory Planning and Review, Sept. 30, 1993 because it is likely to
have an annual effect on the economy of $100 million or more. 58 FR
51735. This rule is necessary in light of the Department of State's
CoSS finding that the cost of processing passports and immigrant visas
and of providing other consular services has generally increased since
the fees were last set. The Department is setting the fees in
accordance with 31 U.S.C. 9701 and other applicable authority, as
described in more detail above. See, e.g., 31 U.S.C. 9701(b)(2)(A)
(``The head of each agency [hellip] may prescribe regulations
establishing the charge for a service or thing of value provided by the
agency [hellip] based on [hellip] the costs to the Government.''). This
regulation generally sets the fees for passports, immigrant visas and
consular services at the amount required to recover the costs
associated with providing this service.
Accordingly, this rule has been submitted to OMB for review.
Details of the proposed fee changes are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Consequent
total increase
Item Proposed fee Current fee Change in fee Percent increase FY09 workload in fee
sassuming FY09
workloads
--------------------------------------------------------------------------------------------------------------------------------------------------------
2(a). Passport Book Application $70............... $55............... $15.................... 27%................... 9,207,088 $138,106,320
Services for Applicants age 16
or over (including renewals).
2(c). Additional passport visa $82............... $0................ $82.................... undefined............. 207,810 $17,040,420
pages.
2(g). Passport Book Security $40............... $20............... $20.................... 100%.................. 11,935,556 $238,711,120
Surcharge.
[[Page 6326]]
6. File search and verification $150.............. $60............... $90.................... 150%.................. 11,192 $1,007,280
of U.S. citizenship.
7. Application for Consular $100.............. $65............... $35.................... 54%................... 58,198 $2,036,930
Report of Birth Abroad of a
Citizen of the United States.
8. Documentation of formal $450.............. $0................ $450................... undefined............. 1,188 $534,600
renunciation of U.S.
citizenship.
9(a). Passport Card Application $30............... $20............... $10.................... 50%................... 1,196,078 $11,960,780
Services for Applicants age 16
or over (including renewals).
9(b). Passport Card Application $15............... $10............... $5..................... 50%................... 354,451 $1,772,255
Services for Applicants under
age 16.
14(b). Making arrangements for $200 plus expenses Consular time -$65 per hour.......... -25% per hour......... 426 ($27,690)
a deceased non-U.S. citizen (Item 75) plus
family member. expenses.
32(a). Immigrant visa $330.............. $355.............. ($25).................. -7%................... 478,116 ($11,952,900)
application processing for
immediate relative and family
preference applications.
32(b). Immigrant visa $720.............. $355.............. $365................... 103%.................. 16,395 $5,984,175
application processing for
employment-based applications.
32(c). Immigrant visa $305.............. $355.............. ($50).................. -14%.................. 5,121 ($256,050)
application processing for
other visa classes.
33. Diversity Visa Lottery fee. $440.............. $375.............. $65.................... 17%................... 55,368 $3,598,920
34. Affidavit of Support Review $88............... $70............... $18.................... 26%................... 311,038 $5,598,684
35(a). Determining Returning $380.............. $400.............. ($20).................. -5%................... 1,611 ($32,220)
Resident Status.
36. Immigrant visa security $74............... $45............... $29.................... 64%................... 575,554 $16,691,066
surcharge.
41(a). Providing notarial $50............... $30............... $20.................... 67%................... 128,818 $2,576,360
service: First service.
41(b). Providing notarial $50............... $20............... $30.................... 150%.................. 60,782 $1,823,460
service: Each additional seal.
42(a). Certification of a true $50............... $30............... $20.................... 67%................... 15,611 $312,220
copy or that no record of an
official file can be located:
First copy.
42(b). Certification of a true $50............... $20............... $30.................... 150%.................. 3,099 $92,970
copy or that no record of an
official file can be located:
Each additional copy.
43(a-f). Provision of $50............... $30............... $20.................... 67%................... 29,425 $588,500
documents, certified copies of
documents, and other
certifications by the
Department of State (domestic).
44. Authentications (44a-d).... $50............... $30............... $20.................... 67%................... 18,863 $377,260
51. Processing letters rogatory $2,275............ $735.............. $1,540................. 210%.................. 156 $240,240
and Foreign Sovereign
Immunities Act (FSIA) judicial
assistance cases.
52(a). Scheduling/arranging $1,283............ $475.............. $808................... 170%.................. 123 $99,384
appointments for depositions.
52(b). Attending or taking $309 per hour plus $265 per hour plus $44 per hour........... 17%................... 38 $1,672
depositions, or executing expenses. expenses.
commissions to take testimony.
52(e). Providing seal and $415.............. $70............... $345................... 493%.................. 16 $5,520
certification of depositions.
75. Consular time charges...... $231.............. $265.............. ($34).................. -13%.................. 70 ($2,380)
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Department of State does not anticipate that demand for
passport, immigrant visa, and other services affected by this rule will
change significantly due to these fee changes, and welcomes public
comment on that expectation.
With regard to immigrant visas, many categories are numerically
capped; these caps artificially limit workload and keep current demand
fairly stable. In FY 2009, the Department issued all available
immigrant visas in employment-based categories (capped at 140,000
including adjustments of status processed domestically by the
[[Page 6327]]
Department of Homeland Security). In FY 2009, the Department issued 96
percent of the immigrant visas available under the Diversity Visa
program (capped at 50,000 including adjustments of status processed
domestically by the Department of Homeland Security). Also in FY 2009,
the Department issued 96 percent of the immigrant visas available for
family-preference categories (capped at 226,000 including adjustments
of status processed domestically by the Department of Homeland
Security). When fewer visas were issued than were available under the
numerical cap, it was generally due to administrative processing issues
rather than lack of demand. There are nearly 3.5 million applicants
currently awaiting numerically controlled visas, sufficient to fill
more than eight years' workload at the current annual caps. It is
reasonable to expect that the immigrant visa workload for FY 2010 and
FY 2011 will remain about the same as FY 2009. Please note that these
estimates do not take into account variables that the Department cannot
predict at this time, such as legislative changes.
With regard to passports, the Department does not believe that
passport application fees are a significant determining factor when
Americans decide to travel internationally. The price of a passport
book or card remains minor in comparison with other costs associated
with foreign travel, given that taxes and surcharges alone on an
international airfare can easily surpass $100. As a result, the
Department does not believe passport demand will be significantly
affected by increases of the size proposed. In addition, the Western
Hemisphere Travel Initiative has now been fully implemented, and there
is no new regulatory impetus for passport demand on the horizon.
Executive Order 13132
This rule 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, Federalism, Aug. 4, 1999, the Department has
determined that this rule does not have sufficient federalism
implications to require consultations or warrant the preparation of a
federalism summary impact statement. 64 FR 43255.
Paperwork Reduction Act
This rule does not impose or alter any reporting or record-keeping
requirements.
List of Subjects in 22 CFR Parts 22 and 51
Consular services, fees, passports and visas.
Accordingly, for the reasons stated in the preamble, 22 CFR Part 22
and Part 51 are proposed to be amended as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
1. The authority citation for part 22 is amended to read as
follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351, 1351
note, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22
U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 4206, 4215, 4219, 6551;
31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632; Exec. Order 11,295,
31 FR 10603.
2. Revise Sec. 22.1 to read as follows:
Sec. 22.1 Schedule of fees.
The following table sets forth the U.S. Department of State's
Schedule of Fees for Consular Services:
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
PASSPORT AND CITIZENSHIP SERVICES
------------------------------------------------------------------------
1. Passport Book or Card Execution: $25.
Required for first-time applicants
and others who must apply in
person (Applicants applying for
both the book and card
simultaneously on the same
application pay only one execution
fee.).
2. Passport Book Application
Services for:
(a) Applicants age 16 or over $70.
(including renewals).
(b) Applicants under age 16.... $40.
(c) Additional passport visa $82.
pages.
(d) Passport book replacement NO FEE.
for name change if submitted
within one year of passport
issuance.
(e) Passport book replacement NO FEE.
for passport book limited in
validity if submitted within
one year of passport issuance.
(Passport books limited in
validity because of multiple
losses, thefts, damage, or
mutilations cannot be
replaced.).
(f) Passport book replacement NO FEE.
for data correction (name,
date of birth, place of birth,
sex printed erroneously) if
submitted within one year of
passport issuance.
(g) Passport Book Security $40.
Surcharge (Enhanced Border
Security Fee).
3. Expedited service: Passport $60.
processing within the expedited
processing period published on the
Department's Web site (see 22 CFR
51.56(b)) and/or in-person service
at a U.S. Passport Agency (not
applicable abroad).
4. Exemptions: The following
applicants are exempted from all
passport fees listed in Item 2
above:
(a) Officers or employees of NO FEE.
the United States and their
immediate family members (22
U.S.C. 214) and Peace Corps
Volunteers and Leaders (22
U.S.C. 2504(h)) proceeding
abroad or returning to the
United States in the discharge
of their official duties.
(b) U.S. citizen seamen who NO FEE.
require a passport in
connection with their duties
aboard an American flag vessel
(22 U.S.C. 214(a)).
(c) Widows, children, parents, NO FEE.
or siblings of deceased
members of the Armed Forces
proceeding abroad to visit the
graves of such members (22
U.S.C. 214(a)).
(d) Employees of the American NO FEE.
National Red Cross proceeding
abroad as members of the Armed
Forces of the United States 10
U.S.C. 2602(c)).
5. Travel Letter: Provided in rare, NO FEE unless consular time charges
life-or-death situations as an (Item 75) apply.
emergency accommodation to a U.S.
citizen returning to the United
States when the consular officer
is unable to issue a passport book.
6. File search and verification of $150.
U.S. citizenship: When applicant
has not presented evidence of
citizenship and previous records
must be searched (except for an
applicant abroad whose passport
was stolen or lost abroad or when
one of the exemptions is
applicable).
[[Page 6328]]
7. Application for Consular Report $100.
of Birth Abroad of a Citizen of
the United States.
8. Documentation of formal $450.
renunciation of U.S. citizenship.
9. Passport Card Application
Services for:
(a) Applicants age 16 or over $30.
(including renewals) [Adult
Passport Card].
(b) Applicants under age 16 $15.
[Minor Passport Card].
(c) Passport card replacement NO FEE.
for name change if submitted
within one year of passport
issuance.
(d) Passport card replacement NO FEE.
for data correction (name,
date of birth, place of birth,
sex printed erroneously) if
submitted within one year of
passport issuance.
(Item 10 vacant.)
------------------------------------------------------------------------
OVERSEAS CITIZENS SERVICES
ARRESTS, WELFARE AND WHEREABOUTS, AND RELATED SERVICES
------------------------------------------------------------------------
11. Arrest and prison visits....... NO FEE.
12. Assistance regarding the NO FEE.
welfare and whereabouts of a U.S.
Citizen, including child custody
inquiries and processing of
repatriation and emergency dietary
assistance loans.
(Item 13 vacant.)
------------------------------------------------------------------------
DEATH AND ESTATE SERVICES
------------------------------------------------------------------------
14. Assistance to next-of-kin:
(a) After the death of a U.S. NO FEE.
citizen abroad (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 $200 plus expenses.
deceased non-U.S. citizen
family member (providing
assistance in shipping or
other disposition of remains
of a non-U.S. Citizen).
15. Issuance of Consular Mortuary $60.
Certificate on behalf of a non-
U.S. Citizen.
16. Acting as a provisional
conservator of estates of U.S.
Citizens:
(a) Taking possession of NO FEE.
personal effects; making an
inventory under an official
seal (unless significant time
and/or expenses incurred).
(b) Overseeing the appraisal, NO FEE.
sale, and final disposition of
the estate, including
disbursing funds, forwarding
securities, etc. (unless
significant time and/or
expenses incurred).
(c) For services listed in Item Consular time (Item 75) plus
16(a) or (b) when significant expenses.
time and/or expenses are
incurred.
(Items 17 through 20 vacant.)
------------------------------------------------------------------------
NONIMMIGRANT VISA SERVICES
------------------------------------------------------------------------
21. Nonimmigrant visa application
and border crossing card
processing fees (per person):
(a) Non-petition-based $140.
nonimmigrant visa (except E
category).
(b) H, L, O, P, Q and R $150.
category nonimmigrant visa.
(c) E category nonimmigrant $390.
visa.
(d) K category nonimmigrant $350.
visa.
(e) Border crossing card - 10- $140.
year validity (age 15 and
over).
(f) Border crossing card - 5- $14.
year validity (under age 15;
for Mexican citizens if parent
or guardian has or is applying
for a border crossing card).
22. EXEMPTIONS from nonimmigrant
visa application processing fee:
(a) Applicants for A, G, C-3, NO FEE.
NATO and diplomatic visas as
defined in 22 CFR 41.26.
(b) Applicants for J visas NO FEE.
participating in official U.S.
Government-sponsored
educational and cultural
exchanges.
(c) Replacement Machine- NO FEE.
Readable Visa when the
original visa was not properly
affixed or needs to be
reissued through no fault of
the applicant.
(d) Applicants exempted by NO FEE.
international agreement as
determined by the Department,
including members and staff of
an observer mission to United
Nations Headquarters
recognized by the UN General
Assembly, and their immediate
families.
(e) Applicants traveling to NO FEE.
provide charitable services as
determined by the Department.
(f) U.S. Government employees NO FEE.
traveling on official business.
(g) A parent, sibling, spouse, NO FEE.
or child of a U.S. Government
employee killed in the line of
duty who is traveling to
attend the employee's funeral
and/or burial; or a parent,
sibling, spouse, son, or
daughter of a U.S. Government
employee critically injured in
the line of duty for
visitation during emergency
treatment and convalescence.
23. Nonimmigrant visa issuance fee, RECIPROCAL.
including border-crossing cards
(Reciprocity Fee).
24. EXEMPTIONS from nonimmigrant
visa issuance fee:
(a) An official representative NO FEE.
of a foreign government or an
international or regional
organization of which the U.S.
is a member; members and staff
of an observer mission to
United Nations Headquarters
recognized by the UN General
Assembly; and applicants for
diplomatic visas as defined
under Item 22(a); and their
immediate families.
(b) An applicant transiting to NO FEE.
and from the United Nations
Headquarters.
(c) An applicant participating NO FEE.
in a U.S. Government-sponsored
program.
(d) An applicant traveling to NO FEE.
provide charitable services as
determined by the Department.
25. Fraud prevention and detection $500.
fee for visa applicant included in
L blanket petition (principal
applicant only).
(Items 26 through 30 vacant.)
------------------------------------------------------------------------
IMMIGRANT AND SPECIAL VISA SERVICES
------------------------------------------------------------------------
31. Filing immigrant visa petition
(collected for USCIS and subject
to change)
[[Page 6329]]
(a) Petition to classify status $355.
of alien relative for issuance
of immigrant visa.
(b) Petition to classify orphan $670.
as an immediate relative.
32. Immigrant visa application
processing fee (per person)
(a) Immediate relative and $330.
family preference applications.
(b) Employment-based $720.
applications.
(c) Other immigrant visa $305.
applications (including
Diversity Visa applicants, I-
360 self-petitioners, special
immigrant visa applicants).
(e) Certain Iraqi and Afghan NO FEE.
special immigrant visa
applications (per 8 U.S.C.
1101 note; 11 U.S.C. 1157
note).
33. Diversity Visa Lottery fee (per $440.
person applying as a result of the
lottery program).
34. Affidavit of Support Review $88.
(only when reviewed domestically).
35. Special visa services:
(a) Determining Returning $380.
Resident Status.
(b) Transportation letter for $165.
Legal Permanent Residents of
the United States.
(c) Waiver of two-year $215.
residency requirement.
(d) Waiver of immigrant visa $545.
ineligibility (collected for
USCIS and subject to change).
(e) Refugee or significant NO FEE.
public benefit parole case
processing.
36. Immigrant visa security $74.
surcharge.
(Items 37 through 40 vacant.)
------------------------------------------------------------------------
DOCUMENTARY SERVICES
------------------------------------------------------------------------
41. Providing notarial service:
(a) First service (seal)....... $50.
(b) Each additional seal $50.
provided at the same time in
connection with the same
transaction.
42. Certification of a true copy or
that no record of an official file
can be located (by a post abroad):
(a) First Copy................. $50.
(b) Each additional copy $50.
provided at the same time.
43. Provision of documents,
certified copies of documents, and
other certifications by the
Department of State (domestic):
(a) Documents relating to $50.
births, marriages, and deaths
of U.S. citizens abroad
originally issued by a U.S.
embassy or consulate.
(b) Issuance of Replacement $50.
Report of Birth Abroad.
(c) Certified copies of $50.
documents relating 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 $50.
document or extract from an
official passport record.
(e) Certifying that no record $50.
of an official file can be
located.
(f) Each additional copy $50.
provided at same time.
44. Authentications (by posts
abroad):
(a) Authenticating a foreign $50.
notary or other foreign
official seal or signature.
(b) Authenticating a U.S. $50.
Federal, State, or territorial
seal.
(c) Certifying to the official $50.
status of an officer of the
U.S. Department of State or of
a foreign diplomatic or
consular officer accredited to
or recognized by the U.S.
Government.
(d) Each authentication........ $50.
45. Exemptions: Notarial,
certification, and authentication
fees (Items 41-44) or passport
file search fees (Item 6) will not
be charged when the service is
performed:
(a) At the direct request of NO FEE.
any Federal Government agency,
any State or local government,
the District of Columbia, or
any of the territories or
possessions of the United
States (unless significant
costs would be incurred).
(b) With respect to documents NO FEE.
to be presented by claimants,
beneficiaries, or their
witnesses in connection with
obtaining Federal, State, or
municipal benefits.
(c) For U.S. citizens outside NO FEE.
the United States preparing
ballots for any public
election in the United States
or any of its territories.
(d) At the direct request of a NO FEE.
foreign government or an
international agency of which
the United States is a member
if the documents are for
official noncommercial use.
(e) At the direct request of a NO FEE.
foreign government official
when appropriate or as a
reciprocal courtesy.
(f) At the request of direct- NO FEE.
hire U.S. Government
personnel, Peace Corps
volunteers, or their
dependents stationed or
traveling officially in a
foreign country.
(g) With respect to documents NO FEE.
whose production is ordered by
a court of competent
jurisdiction.
(h) With respect to affidavits NO FEE.
of support for immigrant visa
applications.
(i) With respect to endorsing NO FEE.
U.S. Savings Bonds
Certificates.
(Items 46 through 50 vacant.)
------------------------------------------------------------------------
JUDICIAL ASSISTANCE SERVICES
------------------------------------------------------------------------
51. Processing letters rogatory and $2,275.
Foreign Sovereign Immunities Act
(FSIA) judicial assistance cases,
including providing seal and
certificate for return of letters
rogatory executed by foreign
officials.
52. Taking depositions or executing
commissions to take testimony:
(a) Scheduling/arranging $1,283.
appointments for depositions,
including depositions by video
teleconference (per daily
appointment).
(b) Attending or taking $309 per hour plus expenses.
depositions, or executing
commissions to take testimony
(per hour or part thereof).
(c) Swearing in witnesses for Consular time (Item 75) plus
telephone depositions. expenses.
[[Page 6330]]
(d) Supervising telephone Consular time (Item 75) plus
depositions (per hour or part expenses.
thereof over the first hour).
(e) Providing seal and $415.
certification of depositions.
53. Exemptions: Deposition or
executing commissions to take
testimony. Fees (Item 52) will not
be charged when the service is
performed:
(a) At the direct request of NO FEE.
any Federal Government agency,
any State or local government,
the District of Columbia, or
any of the territories or
possessions of the United
States (unless significant
time required and/or expenses
would be incurred).
(b) Executing commissions to 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.
(Items 54 through 60 vacant.)
------------------------------------------------------------------------
SERVICES RELATING TO VESSELS AND SEAMEN
------------------------------------------------------------------------
61. Shipping and Seaman's services: Consular time (Item 75) plus
Including but not limited to expenses.
recording a bill of sale of a
vessel purchased abroad, renewal
of a marine radio license, and
issuance of certificate of
American ownership.
(Items 62 through 70 vacant.)
------------------------------------------------------------------------
ADMINISTRATIVE SERVICES
------------------------------------------------------------------------
71. Non-emergency telephone calls.. $10 plus long distance charge.
72. Setting up and maintaining a $30.
trust account: For 1 year or less
to transfer funds to or for the
benefit of a U.S. citizen in need
in a foreign country.
73. Transportation charges incurred Expenses incurred.
in the performance of fee and no-
fee services when appropriate and
necessary.
74. Return check processing fee.... $25.
75. Consular time charges: As $231.
required by this Schedule and for
fee services performed away from
the office or during after-duty
hours (per hour or part thereof/
per consular employee).
76. Photocopies (per page)......... $1.
(Items 77 through 80 vacant.)
------------------------------------------------------------------------
PART 51--PASSPORTS
3. In Sec. 51.51, revise paragraph (d) to read as follows:
Sec. 51.51 Passport fees
* * * * *
(d) A surcharge in the amount of twenty-two dollars ($22) on the
filing of each application for a passport book, in the amount of
twenty-two dollars ($22) on the filing of each application for a
passport card for an applicant age 16 or over, and in the amount of
fifteen dollars ($15) on the filing of each application for a passport
card for an applicant under age 16, in order to cover the costs of
meeting the increased demand for passports as a result of actions taken
to comply with section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458 (8 U.S.C. 1185 note). The
surcharge will be recovered by the Department of State from within the
passport application fee reflected in the Schedule of Fees for Consular
Services.
* * * * *
Dated: February 3, 2010.
Patrick Kennedy,
Under Secretary of State for Management, Department of State.
[FR Doc. 2010-2816 Filed 2-8-10; 8:45 am]
BILLING CODE 4710-06-P