[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Pages 4423-4425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01850]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 9450]
RIN 1400-AD71
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 finalizes the interim final rule published in the
Federal Register on September 8, 2015. Specifically, the rule
implemented changes to the Schedule of Fees for Consular Services
(``Schedule'') for certain passport and citizenship services fees. This
rulemaking addresses public comments and adopts as final the changes to
these fees.
DATES: In accordance with the Congressional Review Act, this rule is
effective on April 2, 2018.
FOR FURTHER INFORMATION CONTACT: Rob Schlicht, Office of the
Comptroller, Bureau of Consular Affairs, Department of State; phone:
202-485-6685, telefax: 202-485-6826; email: [email protected].
SUPPLEMENTARY INFORMATION: For the complete explanation of the
background of this rule, including the rationale for the change, the
authority of the Department of State (``Department'') to make the fee
changes in question, and an explanation of the study that produced the
fee amounts, consult the prior public notices cited in the
``Background'' section below.
Background
The Department published an interim final rule in the Federal
Register, 80 FR 53704, on September 8, 2015, amending sections of 22
CFR part 22. Specifically, the rule amended the Schedule of Fees for
Consular Services and provided 60 days for comments from the public.
During this 60-day comment period, 15 comments were received by mail,
email, and through the submission process at regulations.gov.
This rule establishes the following fees for the categories below:
--Administrative Processing of Request for Certificate of Loss of
Nationality (CLN) $2,350
--Passport Book Application Fee (age 16 and older) from $70 to $50
--Passport Book Application Fee (under age 16) from $40 to $20
--Passport Security Surcharge from $40 to $60
The original publication of the interim final rule included an
incorrect effective date of September 23, 2015, for the above changes
in the Passport Book Application fees and Passport Security Surcharge.
That date subsequently was corrected. See 80 FR 55242. The correct
effective date is reflected herein; it is September 26, 2015.
Analysis of Comments
In the 60-day period since the publication of the interim final
rule, 15 comments were received. Twelve of the comments were about the
Administrative Processing of Request for CLN fee. The other three
comments were about Executive Branch fees or U.S. citizenship.
Many of the comments suggested that the fee for Administrative
Processing of Request for CLN creates a barrier to expatriation. Most
asserted that the fee is excessive and that many individuals will be
unable to pay it. However, one comment expressed support for
[[Page 4424]]
collecting the fee from those attempting to evade taxes. Several asked
for clarification about the amount of the fee, including one comment
seeking confirmation that the Department had not doubled the CLN fee.
Two challenged the analysis of processing costs used to justify the
fee. Several cited the Expatriation Act of 1868 or the Universal
Declaration of Human Rights when asserting that expatriation is a
constitutional or human right.
In collecting the CLN fee, the Department has not restricted or
burdened the right of expatriation. Further, the fee is not punitive
and is unrelated to the Foreign Account Tax Compliance Act (FATCA)
mentioned in some comments, except to the extent that the Act caused an
increase in consular workload that must be paid for by user fees.
Rather, the fee is a cost-based user fee for consular services.
Conforming to guidance from the Office of Management and Budget (OMB),
federal agencies make every effort to ensure that each service provided
to specific recipients is self-sustaining, charging fees that are
sufficient to recover the full cost to the government. (See OMB
Circular A-25, ] 6(a)(1), (a)(2)(a).) Because costs change from year to
year, the Department conducts an annual update of the costs for
providing consular services in the form of a Cost of Service Model
(CoSM). In addition to enabling the government to recover costs, the
study also helps the Department to avoid charging consumers more than
the cost of the services they consume. The CoSM is an activity-based
costing (ABC) model that the Department developed following guidance
provided in Statement 4 of OMB's Statement of Federal Financial
Accounting Standards, available at http://www.fasab.gov/pdffiles/sffas-4.pdf. Setting the fee at $2,350 reflects the cost for the service as
determined by the model. In sum, the Administrative Processing of
Request for CLN fee is a ``user charge,'' which reflects the full cost
to the U.S. government of providing the service, as determined through
analysis based on federal financial accounting standards.
The Department has not doubled the CLN fee. In the past, the
Department collected a fee only from U.S. nationals (i.e., U.S.
citizens and non-citizen nationals) taking the oath of renunciation.
The Department did not charge a fee for the service of documenting a
non-renunciatory relinquishment, which it performed much less
frequently. However, requests for documentation of relinquishment of
nationality on the basis of a non-renunciatory relinquishment have
increased significantly in recent years, and the Department expects the
number to remain at an elevated level in the future. The services
performed for both individuals who renounce nationality and individuals
who apply for documentation on the basis of a non-renunciation
relinquishment are similar, requiring close and detailed case-by-case
review of the factors involved. The fiscal year 2013 CoSM update
demonstrated that both services are extremely costly. For these
reasons, the $2,350 fee now applies to relinquishments under 8 U.S.C.
1481(a)(1) to 8 U.S.C. 1481(a)(4) (and predecessor statutes) and to
relinquishments by renunciation under 8 U.S.C. 1481(a)(5). With this
change, the Department renamed the service ``Administrative Processing
of Request for Certificate of Loss of Nationality.''
The right of expatriation is addressed in the Immigration and
Nationality Act and the Universal Declaration of Human Rights. The CLN
fee does not impinge on the right of expatriation. Rather, the fee
reflects the resources necessary for the U.S. government to verify that
all constitutional and other requirements for expatriation are
satisfied in every case. As described in the interim final rule and in
an earlier rule that raised the fee for taking the oath of renunciation
to $2,350 (80 FR 51464), expatriation for a U.S. national requires a
thorough, serious, time-consuming process, in view of U.S. Supreme
Court jurisprudence that declared unconstitutional an involuntary or
forcible expatriation. In Afroyim v, Rusk, 387 U.S. 253 (1967) and
Vance v. Terrazas, 444 U.S. 252 (1980), the Supreme Court ruled that
expatriation requires the voluntary commission of an expatriating act
with the intention or assent of the citizen to relinquish citizenship.
It is therefore incumbent upon the Department to maintain and implement
procedures that allow consular officers and other Department employees
to ensure these requirements are satisfied in every expatriation case.
Several commenters requested information on the relinquishment
process, e.g. payment options and documentation. Individuals desiring
to relinquish their U.S. citizenship should consult travel.state.gov
and may contact the appropriate U.S. embassy with any questions on the
process. Embassy contact information can be found at usembassy.gov.
Conclusion
The Department adjusted the fees in light of the CoSM's findings
that the U.S. government was not covering fully its costs for providing
these consular services. Pursuant to OMB guidance, the Department
endeavors to recover the cost of providing services that benefit
specific individuals, as opposed to the general public. See OMB
Circular A-25, ] 6(a)(1), (a)(2)(a). For this reason, the Department
has adjusted the Schedule of Fees.
Regulatory Findings
A. Administrative Procedure Act (APA)
The Department of State published this rule as an interim final
rule on September 8, 2015, and provided 60 days for comment. 80 FR
53704. The rule will be effective 60 days after publication, in
accordance with the APA.
B. Regulatory Flexibility Act/Executive Order 13272: Small Business
The Department of State has reviewed this rulemaking and certifies
that this rule will not have a significant economic impact on a
substantial number of small entities.
C. The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law
104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to
prepare a statement before proposing any rule that may result in an
annual expenditure of $100 million or more by State, local, or tribal
governments, or by the private sector. This rule will not result in any
such expenditure, nor will it significantly or uniquely affect small
governments.
D. The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness 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 adverse effects on competition,
employment, investment, productivity, innovation, or the ability of the
United States-based companies to compete with foreign-based companies
in domestic and import markets.
E. Executive Orders 12866 and 13771
The Office of Management and Budget reviewed this rule, and
determined it is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866. As this rule is not a significant
regularly action, it is except from the requirements of Executive Order
13771, ``Reducing Regulation and Controlling Regulatory Costs.'' See
OMB
[[Page 4425]]
Memorandum M-17-21, ``Guidance Implementing Executive Order 13771'' of
April 5, 2017.
F. Executive Order 13563
The Department of State has considered this rule in light of
Executive Order 13563 and affirms that this regulation is consistent
with the guidance therein. G. Executive Orders 12372 and 13132:
Federalism
H. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
The Department of State 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.
I. Paperwork Reduction Act
This rule does not impose or revise information collections subject
to the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter
35.
For a summary of the regulatory findings and analyses regarding
this rulemaking, please refer to the findings and analyses published
with the interim final rule, which can be found at 80 FR 53704, which
are adopted herein. Section 22.1, Items 2.(a), 2.(b), and 2.(g) of this
rule became effective September 26, 2015. Section 22.1, Item 8 became
effective November 9, 2015. As noted above, the Department considered
the comments submitted in response to the interim final rule and does
not adopt them. Thus, the rule remains in effect.
List of Subjects in 22 CFR Part 22
Consular services, Fees, Passports and visas.
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
Accordingly, the interim final rule amending 22 CFR part 22, which was
published in the Federal Register, 80 FR 53704, on September 8, 2015 is
adopted as final without change.
Carl C. Risch,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2018-01850 Filed 1-30-18; 8:45 am]
BILLING CODE 4710-06-P