Fee for Expedited Passport Processing

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 22 and 51

[PN 2083]

Fee for Expedited Passport Processing

agency: Bureau of Consular Affairs, Department of State.

action: Interim final rule with request for comment.

-----------------------------------------------------------------------

summary: This rule amends the Schedule of Consular Fees and the

passport regulations to reflect that an additional fee will be charged

within the United States for expediting the processing of passports.

The service will be provided upon payment of the fee when requested by

the applicant and justified by urgent departure plans.

The rule establishes what service is provided for the fee;

establishes when the fee will be charged; sets the amount of the fee;

establishes the documentation the applicant will need to present to

obtain the service; defines the limited situations when the fee will

not be charged; provides for a refund when expedited services cannot be

given; and provides that the after hours surcharge for consular

services will not be charged within the United States.

dates: Effective Date: October 1, 1994.

Comments: Interested persons are invited to submit written comments

on or before November 1, 1994.

addresses: Director, Office of Passport Policy and Advisory Services,

1111-19th Street NW., Washington, DC 20522-1705.

for further information contact: William B. Wharton, Director, Office

of Passport Policy and Advisory Services, 1111-19th Street NW.,

Washington, DC 20522-1705. Tel. (202) 955-0221.

supplementary information: On August 26, 1994, the President signed

into law Public Law 103-317, the Department of State and Related

Agencies Appropriations Act, 1995. The Diplomatic and Consular Programs

appropriation in this Act provides that ``all receipts received from a

new charge from expedited passport processing'' shall, in effect, be

retained by the Department of State in the ``Diplomatic and Consular

Programs account'' and available until expended. See S. Rept. 103-309,

at 123 (July 14, 1994).

To utilize this new fee retention authority consistent with

congressional intent, the Department of State is, in this rule,

establishing a new fee for expedited passport processing. The

Department already has specific authority to establish passport fees

under 22 U.S.C. 214, as amended (which normally requires that fees be

collected into the U.S. Treasury). The Department also is authorized to

establish fees for passport related services under 31 U.S.C. 9701, a

reference to which is being added to the authorities section of 22 CFR

part 51.

Public Law 103-317 authorizes the Department to retain the new fee

for expedited passport processing.

The Schedule of Fees for Consular Services, 22 CFR 22.1 is amended

to add Item 14, Passport Expedite Fee and to limit the application of

the after hours fee, Item 93, to posts abroad. The after-hours fee has

been used domestically only in cases where passport agencies were open

after hours to process urgent passport requests. These costs will now

be subsumed in the expedited processing fee. 22 CFR part 51 is amended

to add section 51.67 to provide for the expedited processing of a

passport within the United States upon payment of the passport expedite

fee. Section 51.64(f) is added to provide for a refund of the expedite

fee when the expedited service is not, in fact, provided.

The new fee will be in addition to any other applicable fee. The

expedite fee will not cover the cost of urgent mailing fees, if

required.

The new fee is being set at $30.00, consistent with the

Department's consultations with Congress before Public Law 103-317 was

enacted. This fee will ensure that the costs of processing passports on

an expedited basis, as reflected in the Department's 1991 consular fees

cost study, are borne by those who receive that service and that the

Department recovers additional costs associated with implementing this

fee and eliminating the separate charge for overtime work. (As noted by

Congress, for example, up to 60% more time is required to process a

passport application on an expedited basis than to provide normal

processing services.)

If expedited processing is granted, the Department, through the

Passport Agencies, will undertake to process the passport within three

business days. The expedited service covered by the new fee begins when

the application is received by a Passport Agency through personal

delivery; by mail; or, if the application is already at an Agency, when

the request to expedite is approved. If the applicant's planned

departure is within fewer than three days, the Passport Agency may be

able to accommodate this shorter period.

There will be situations in which expedited passport processing

cannot be completed within three days. Such circumstances could include

cases in which the applicant does not submit adequate documentation;

the applicant is the subject of an unresolved civil or criminal law

enforcement matter; or, passport equipment breaks down. The Department

expects that these situations will be very rare. In such circumstances,

the applicant will be notified and the fee will be refunded.

The rule provides for waiver of the expedite fee in cases where the

need for expedited processing results from a mistake by the Department

in processing the application. No waiver of the fee will otherwise be

made.

To ensure that expedited processing is used only by those who have

urgent travel plans, the regulation requires a person requesting this

service to provide confirmed tickets or an itinerary showing his or her

imminent departure in less than ten days or showing special visa needs.

This rule takes effect on October 1, 1994, the beginning of Fiscal

Year 1995, the fiscal year covered by Public Law 103-317. The

implementation of this rule as an interim final rule with provision for

post-promulgation comments is based upon the ``good cause'' exception

found at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). Delay in implementing

this provision of Public Law 103-317 would be contrary to congressional

expectations that the Department will begin collection of this fee at

the beginning of FY 1995.

This rule is not expected to have a significant impact on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act. In addition, this rule does not impose

information collection requirements under the provisions of the

Paperwork Reduction Act of 1980. This rule has been reviewed as

required by E.O. 12778 and certified to be in compliance therewith.

This rule is exempt from review under E.O. 12866, but has been reviewed

internally by the Department to ensure consistency with the objectives

thereof.

List of Subjects in 22 CFR Part 22 and Part 51

Passports and visas, Schedule of fees for consular services.

PART 22--[AMENDED]

For the reasons set forth in the preamble, 22 CFR is amended as

follows:

1. The authority citation for Part 22 is revised to read as

follows:

Authority: Secs. 3, 4, 63 Stat. 111, as amended; 22 U.S.C. 211a,

214; 2651, 2658, 3921, 4219; 31 U.S.C. 9701; Title V, Pub. L. 103-

317, 108 Stat. 1724; E.O. 10718, 3 CFR, 1954-1958 Comp., p. 382;

E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570, unless otherwise noted.

2. Section 22.1 is amended by adding Item 14 under ``Passport and

Citizenship Services'' to read as follows:

Sec. 22.1 Schedule of fees.

------------------------------------------------------------------------

Item No. Fee

------------------------------------------------------------------------

------------------------------------------------------------------------

* * * * *

14. Expedited Passport Processing Within the United States--30.00.

* * * * *

3. Item 93 of Sec. 22.1 is amended by removing the words ``in the

United States or''; by removing the comma and inserting the word ``or''

between ``Consul General'' and ``the supervising consular officer'';

and, by removing the words ``or the Passport Agency Director''.

4. The authority citation for Part 51 is revised to read as

follows:

Authority: 22 U.S.C. 211a, as amended; 22 U.S.C. 2658, 3926;

sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017; 31 U.S.C. 9701; E.O.

11295, 3 CFR, 1966-1970 Comp., p. 570; Pub. L. 100-690; sec. 129,

Pub. L. 102-138, 105 Stat. 661; sec. 503, Pub. L. 102-140, 105 Stat.

820; Title V, Pub. L. 103-317, 108 Stat. 1724, unless otherwise

noted.

5. Section 51.64 is amended by adding paragraph (f) to read as

follows:

Sec. 51.64 Refunds.

* * * * *

(f) The passport expedite fee will be refunded if the Passport

Agency does not provide the requested expedited processing as defined

in Sec. 51.67.

6. Section 51.67 is added, to read as follows:

Sec. 51.67 Expedited passport processing.

(a) Within the United States, an applicant for a passport service

(including issuance, amendment, extension or the addition of visa

pages) may request expedited processing by a Passport Agency.

(b) Expedited passport processing shall mean completing processing

within 3-business days commencing when the application reaches a

Passport Agency or, if the application is already with a Passport

Agency, commencing when the request for expedited processing is

approved. The processing will be considered completed when the passport

is ready to be picked up by the applicant or is mailed to the

applicant.

(c) The fee for expedited service is $30.00. This amount will be in

addition to any other applicable fee and does not include urgent

mailing costs, if any.

(d) A request for expedited processing normally will be accepted

only if the applicant can document urgent departure with airline

tickets showing confirmed reservation or similar evidence. The Passport

Agency may decline to accept the request if it is apparent at the time

it is made that the request cannot be granted.

(e) The expedite fee may be waived only where the need for

expedited processing was necessary due to Department error, mistake or

delay.

Dated: September 16, 1994.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 94-23717 Filed 9-23-94; 8:45 am]

BILLING CODE 4710-06-P