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

Federal RegisterDec 1, 1997

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DEPARTMENT OF STATE

22 CFR Parts 22, 51, and 53

[Public Notice 2653]

Schedule of Fees for Consular Services, Department of State and

Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs, State Department.

ACTION: Proposed rule.

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SUMMARY: This proposed rule sets forth the fees for consular services

that are proposed to take effect on February 1, 1998, and makes

appropriate implementing and other related changes in affected portions

of title 22 of the Code of Federal Regulations. Specifically, the rule

makes changes in the Schedule of Fees for Consular Services (``Schedule

of Fees'' or ``Schedule'') published in 22 CFR section 22.1 and makes

technical changes to 22 CFR Part 51 (concerning passport fees) and 22

CFR Part 53. The changes to the Schedule of Fees include adjustments to

existing fees and a new processing fee for diversity visa applicants

(see 22 CFR 42.33(i)), for which the proposed rule was published in the

Federal Register on June 16, 1997. The primary objective of the

proposed adjustments to the Schedule of Fees is to ensure that the

Department recovers the costs of consular services through user fees to

the maximum extent appropriate and permitted by law. As a result of new

data on the cost of services, the passport fee is being lowered while

most other fees are being increased. In addition, the proposed Schedule

of Fees is being restructured and streamlined. Fees for antiquated

services no longer performed are being removed and fees for other

services are being consolidated or more appropriately located, making

the proposed Schedule easier to read and understand. Consular services

that will be performed for no fee are being added to the Schedule to

facilitate tracking the costs of these services and to inform the

public of all significant consular services provided by the Department.

DATES: Written comments must be received on or before December 31,

1997.

ADDRESSES: Interested persons are invited to submit comments to: Office

of the Executive Director, Bureau of Consular Affairs, Room 4820A,

Department of State, Washington, DC 20520.

FOR FURTHER INFORMATION CONTACT: Sally Light, Office of the Executive

Director, Bureau of Consular Affairs, telephone (202) 647-1148; telefax

(202) 647-3677.

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 22 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 by embassies and

consulates. Fees established under these authorities include fees for

immigrant visas, for expedited passport processing, for fingerprints

and FBI name checks, and for overseas consular services. In addition, a

number of statutes address specific fees: Passport issuance fees are

authorized by 22 U.S.C. 214, as are fees for the execution of passport

applications. Section 636 of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996, Pub. L. 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. (The Department published a proposed

rule establishing that fee on June 16, 1997.) Nonimmigrant visa

reciprocity fees are authorized pursuant to Section 281 of the INA , 8

U.S.C. 1351. The establishment of a nonimmigrant visa processing fee

for machine readable visas (commonly known as the ``MRV fee'')

notwithstanding Section 281 of the INA is authorized by Section 140(a)

of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995,

Pub. L. 103-236, 108 Stat. 399 (April 30, 1994), as amended. Certain

persons are exempted by law from payment of specific fees. (These

statutory exemptions are noted in the fee schedule.) Various statutes

also permit the Department to retain some of the consular fees it

collects. These are, at present, the MRV fee, the passport expedite

fee, the fingerprint fee, and the diversity visa lottery fee.

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 recovery and in a manner

consistent with general user charges principles, regardless of the

specific statutory authority under which they are promulgated. The

Department of State is required to review consular fees periodically to

determine the appropriateness of each fee in light of

[[Page 63479]]

applicable provisions of OMB Circular A-25, which addresses the

establishment of user charges. Those guidelines state that services

that directly benefit individuals, organizations, or groups should be

paid for by the users rather than general taxpayers. Services performed

for the primary benefit of the general public or the U.S. Government,

however, should be supported by tax revenues. The changes set forth in

the proposed Schedule of Fees reflect those guidelines. For example,

new user fees have been added for a few consular services which

directly benefit individuals but now are provided for no fee at

taxpayer expense.

Consistent with OMB Circular A-25, from September 1995 to September

1996, the Department conducted a cost-of-service study to determine the

direct and indirect costs associated with each consular service the

Department provides, using fiscal year 1995 data. The study was

supervised by the Bureau of Consular Affairs and performed with the

assistance of an outside contractor. The contractor and Department

staff surveyed and visited domestic and overseas consular sites

handling approximately half of all consular services worldwide in FY

1995. In conducting the cost study, the contractor used the activity-

based costing (``ABC'') methodology, which measures the cost and

performance of activities, resources, and cost objects related to the

delivery of specific products and services. The ABC methodology was

used to determine direct labor costs to deliver each identified

consular service. The costs of materials and supplies, overhead

support, and general and administrative support were also included, to

ensure that the full cost of service was captured. This methodology

resulted in a more accurate determination of the Department's costs in

providing consular services, and will permit better management of such

costs and services in the future. Detailed information concerning the

methodology of the study is available from Bureau of Consular Affairs.

Based on this effort and subsequent follow-up work, the Department

is now proposing adjustments to the Schedule of Fees as shown below.

The Schedule will take effect in FY 1998. Future adjustments to the

Schedule of Fees will be made as appropriate.

Because the proposed Schedule of Fees has been restructured and

streamlined, a direct side-by-side comparison with the current

schedule, last updated in 1991, is not possible. Instead, each fee on

the proposed schedule is cross-referenced to the appropriate item

number on the current fee schedule (22 CFR part 22.1) to facilitate

comparison, or identified as a new fee. (These cross-references will

not be included in the final rule.) Major changes in the schedule are

discussed below.

Passports

The current fee schedule shows a fee of $10 to execute a passport

application; a fee of $55 for issuance of a ten-year passport; and a

fee of $40 for issuance of a five-year (child's) passport. The new

schedule shows a $15 execution fee. Passport issuance fees are lowered,

however, from $55 to $45 for first-time issuance to adults, and to $40

for renewals. The fee for issuance of five-year passports for minors

will be lowered from $40 to $25 in all cases. Processing and issuance

of a child's passport costs at least as much as an adult passport

(because extensive identification checking is required). Rapid changes

in the physical appearance of children and the potential for child

custody issues also dictate issuance of a five- rather than ten-year

validity passport to children under the age of 16. The shorter validity

of a child's passport was the key factor in keeping the fee below that

of an adult's passport notwithstanding the similar processing costs.

The new passport fees will fully recover the costs of passport

application processing. In addition, consistent with long-standing

Department practice, a portion of the fee will recover the cost of all

emergency citizens services performed overseas, including assistance in

cases of arrest, detention, death, or serious illness or accident

abroad, and the costs of certain nonemergency citizens services, such

as passport amendments and U.S. citizens registering their presence at

overseas posts, that the Department believes are appropriately

allocated to all passport users, and/or for which separate fees are

impracticable. (Such reallocations are to all passports issued, whether

first-time issuances or renewals.)

While the cost of overseas passport processing is high, the fee

reduction is possible because the vast majority of passports are issued

domestically. It generally costs the Department less to provide a

service domestically than overseas, and there have been significant

improvements in the efficiency and productivity of the Department's

higher-volume domestic passport operations.

Passport Expedite Fee

The proposed Schedule increases the passport expedite fee from $30

to $35. This fee will recover the costs of guaranteeing a maximum turn-

around time of three business days to qualified users. Expedited

service will be provided, and the expedite fee will be charged, to all

customers seeking in-person service at a U.S. Passport Agency, with one

minor exception. The expedite fee will not be charged when the

Department determines that the applicant is required to apply at a U.S.

Passport Agency. This generally will be in complex citizenship cases

where in-person services are necessary for adjudication of the

application. The Department continues to encourage applicants to use

lower-cost passport acceptance agents, drop boxes, and mail-in services

whenever possible. A passport may be obtained for the basic processing

and issuance fee by applying in the normal course of business, while

the more expensive, expedited service is available for those with a

special need for urgent issuance.

Adjudication of Citizenship for Undocumented Passport Applicants Born

Overseas

A new fee is proposed for citizenship adjudication for previously

undocumented passport applicants born overseas. The cost of these

complex citizenship adjudications has until now been allocated to the

passport fee. The Department has concluded that this service should

instead be broken out of the passport fee and made the subject of a

separate fee.

The Immigration and Naturalization Service (INS) currently charges

$100 to adjudicate such citizenship cases in connection with an

application for a certificate of citizenship. The Department has

observed that previously undocumented applicants whose primary interest

is in obtaining a citizenship adjudication, rather than a passport,

often apply for a passport instead to avoid paying the INS citizenship

adjudication fee. The Department's FY 1995 average cost to adjudicate

citizenship is at least $80. These cases involve a different and often

more complex adjudication process than passport applications of

previously documented citizens; for example, additional interviews and

evidence may be required and more complex legal issues may be involved.

The proposed fee of $100 will equalize the INS and State Department

fees for the same service and ensure full recovery of the Department's

costs of providing this service. It also will

[[Page 63480]]

ensure that the actual users of the service, rather than all passport

applicants, bear the cost of these complex citizenship adjudications.

Passport Waiver

The Department at present has a $100 fee for waiving the

requirement that a U.S. citizen travel in or out of the United States

on a U.S. passport. The proposed Schedule reallocates the cost of

processing passport waivers to the passport fee, thereby making

passport waivers a no-fee service. This reallocation is consistent with

the fact that virtually all users of this service are or will be

passport holders, and with the Department's general practice of

allocating the cost of emergency consular services to the passport fee.

In addition, the reallocation eliminates the administrative costs of

collection and addresses concerns over the fairness of the separate fee

expressed by many Americans whose passports have been lost or stolen.

Those who must travel immediately despite the theft or loss of a

passport, or because of a genuine emergency, will no longer be subject

to a $100 fee in order to receive a passport waiver.

The Department is not, at this time, amending 22 CFR section

53.2(h), which provides for the collection of a fee for the waiver of

the passport requirement as specified in the Schedule of Fees. Changes

may be made to section 53.2(h) at a later time, however.

Report of Birth Abroad of a Citizen of the United States

The Department at present charges a $10 fee for issuance of a

Report of Birth Abroad of a Citizen of the United States which is proof

of U.S. citizenship (see 22 U.S.C. 2705). The average cost of providing

this service is in fact considerably higher (close to $180), in part

because of cases involving parents who lived overseas for long periods

of time and whose prior residency in the United States must be

confirmed. The proposed Schedule increases the fee for a Report of

Birth Abroad of a Citizen of the United States to $40, and reallocates

the remaining costs of this service to the passport fee. The resulting

increase in passport fees is negligible. The Department believes that

this combined approach (adjusting the fee to recover more of the costs

of service from the actual users and reallocating the remaining costs

to the passport fee) appropriately balances the policy of placing costs

on actual users with the strong public policy interest in encouraging

all U.S. citizens whose children are born abroad to obtain a Report of

Birth Abroad of a Citizen of the United States when the child is born.

Emergency Overseas Assistance for American Citizens

The primary responsibility of U.S. consular officers overseas is

the protection and welfare of American citizens. No-fee services

performed in instances of arrest, missing persons, and destitution are

listed on the proposed Schedule for the information of the American

traveler. As noted in the discussion of the passport fee, the costs for

these services will continue to be reallocated to the passport fee,

consistent with long-standing Department practice. This ensures that

any American traveling abroad may obtain emergency consular services

without regard to ability to pay for the actual services rendered.

The current Schedule lists services relating to death and estates

of Americans overseas in several sections. The proposed Schedule

consolidates all death and estate services in one new section. Services

related to the death of an American citizen are performed for no fee.

The costs of these services have been reallocated to the passport fee.

Two death and estate fee items have been added to the proposed

Schedule. The first is a $700 fee for services required for the

transshipment of the remains of a foreign national through the United

States. This service is performed infrequently but at a high cost,

which is more appropriately paid by the next-of-kin rather than by the

American taxpayer.

A fee for acting as provisional conservator of estates of U.S.

citizens with a value of over $10,000 also has been added to the

proposed Schedule. Consular officers will continue where necessary to

take possession of and inventory all estates of Americans who die

overseas. But overseeing the appraisal, sale, and final disposition of

estates over $10,000, disbursing funds, and carrying out other legally

related estate business is more appropriately handled by an attorney.

Such estate services are performed for the benefit of the next-of-kin

and should be paid for by the users rather than by the taxpayer.

Services Relating to Vessels and Seamen

The provision of consular services relating to vessels and seamen

has fallen dramatically in recent years. Accordingly, maritime services

have been consolidated into three fee items on the proposed Schedule of

Fees to more accurately reflect the nature, volume, and cost of

performing the services.

Documentary Services for American Citizens

Documentary services are listed in several sections of the current

Schedule of Fees. The proposed Schedule consolidates all documentary

services in one section. Current item 46, noting of a negotiable

instrument, is performed so infrequently that it will no longer be

listed as a separate service but will be charged for as a notarial

service. Current item 75, typing a copy or extract of a document, has

been dropped from the Schedule on the assumption that documents are now

photocopied and/or certified rather than retyped.

The fee for notarial services is currently $10. In the new

Schedule, it will be increased to $55, reflecting the high cost of

performing such services overseas. For many years, the notarial fee has

been held well below the actual cost of performing this service by

reallocating part of the costs of performing notarials to the passport

fee. Most notarials performed at embassies and consulates overseas are

for the benefit of individual Americans and foreign nationals engaged

in legal or business transactions, however. These are not emergency

services and there is no particular public interest in ensuring that

the service is obtained from a U.S. consulate. In many cases, the user

can obtain the necessary notarial service from a local provider, but

uses a U.S. consular officer because the fee is lower. Thus the

artificially low fee for notarial services has the general effect of

increasing the notarial workload of our overseas posts. The Department

has concluded that the costs of this service should be recovered in

full from the individuals for whom they are actually performed rather

than in part from all passport holders.

In the case of certifications, however, for which the cost of

service is approximately the same as for notarials, the Department

proposes to continue to set the proposed fee below the actual cost of

service, and to reallocate the remainder of the cost to the passport

fee. Certifications are almost exclusively of official U.S. government

documents issued by embassies and consulates overseas (e.g., reports of

births and deaths occurring overseas). The need for such documents

generally arises from the fact of an American citizen's travel abroad,

and there is a significant public interest in certifying such

documents' authenticity at a relatively minimal cost.

In addition, the Department has reviewed its existing exemptions

from documentary service fees and is eliminating those that are not

required by law or that do not serve any

[[Page 63481]]

significant public interest. Others are being modified or clarified.

Visas

The structure of the immigrant visa application processing and

issuance fees remains the same, although the fees are being increased

to reflect the actual costs of service. In addition, the Department is

instituting an additional fee, in the nature of a surcharge, for

diversity visa applicants. The final rule for the diversity visa fee

was published in the Federal Register on August 8, 1997. This

additional fee, which will recover the lottery costs from those lottery

entrants who actually apply for diversity visas, was authorized by

Section 636 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009-703-704

(Sept. 30, 1996). Administration of the lottery is part of the cost of

allocating such visas, and it would be impracticable to impose a fee on

all visa lottery entrants (technically, visa ``petitioners'', given the

millions of entrants, the problems of collecting a uniform fee from

individuals all over the world (who will have varying access to

international currency), and the burden of having to collect and

account for what would be a very small fee from a large number of

persons.

Since 1994, the Department has collected a nonimmigrant visa (NIV)

application processing fee from NIV applicants at posts issuing machine

readable visas (MRVs), commonly known as the ``MRV'' fee. The MRV

technology is now installed worldwide, as are improved information

management systems for ensuring that all visa applicants are checked

against the visa lookout system. The NIV/MRV application fee,

originally set at $20, will increase to $45. This amount is based on

the volume-weighted average cost of processing a nonimmigrant visa,

including border crossing cards, crew visas, treaty trader/investor

visas, fiance visas, and petitions for intracompany transferee and

temporary worker visas, using the new MRV and enhanced lookout

technologies. The proposed new fee is significantly higher because the

original $20 fee, in addition to being based on cost data available in

1991, did not include the costs of the new technology. The proposed

Schedule of Fees continues to require that the fee be paid by virtually

all NIV applicants, with only very limited exceptions (e.g., for

diplomatic visas).

The NIV application processing fee is cost-based and is paid

regardless of whether a visa is issued because it covers the cost of

processing the visa application. Note that applicants who are issued a

visa also may be charged an NIV issuance fee based on reciprocity with

the host country (Item 57 in the proposed schedule). These reciprocal

NIV issuance fees were not included in the Department's cost-of-service

study because they are not cost-based but rather are determined in

light of other countries' practices. The Department seeks to ensure

that the total amount of U.S. nonimmigrant visa fees, including the NIV

application processing fee and any issuance fees based on reciprocity,

reflects the total of a foreign country's fees for comparable visas.

Under the current Schedule of Fees, visa processing fees for

crewmen, who generally are manifested on a single crew list document,

are based on the number of crew members on the document. In fact, each

crew member's eligibility for a visa is reviewed as if he or she were

applying for a nonimmigrant visa. This review requires the same amount

of labor and processing time as a nonimmigrant visa application. To

ensure full recovery of those costs, the nonimmigrant visa processing

fee of $45 on the proposed Schedule will apply to each individual crew

applicant. The separate entry on the Schedule for crewmen is therefore

being eliminated.

The proposed Schedule includes new fees for two special visa-

related services for aliens that currently are performed for no fee:

(1) Legal permanent resident status may expire when an alien remains

outside the United States for an extended period of time. Application

for returning resident status is made at embassies and consulates

overseas. Processing a returning resident application involves the same

work as processing an immigrant visa. (2) Legal permanent resident

aliens who have lost their alien registration cards may apply at an

embassy or consulate for a transportation letter to re-enter the United

States--a service that also requires a discernible amount of consular

time. The cost of both of these services currently is paid by the

American taxpayer. The proposed fees for these special services for

aliens will more appropriately allocate the costs of performing them to

the users. The proposed fee for the first service is $50 and the fee

for the second service is $120.

Deletions

A number of services are being deleted from the Schedule; for

example, Administration of Examinations, which is not a consular

service, but rather a service to other agencies. It is frequently

performed by administrative rather than consular officers. Similarly,

Freedom of Information Services, which are performed by another office

in the Department, has been deleted.

Amendments to 22 CFR Part 51, Subpart D (22 CFR 51.61 Through

51.67)

The Department is also making technical amendments to 22 CFR Part

51, Subpart D, which addresses passport fees. Although passport fees

are listed in the Schedule of Fees published at 22 CFR 22.1, 22 CFR

51.61 also sets forth the current passport fees under the heading

``statutory fees.'' The Department has decided not to include the

specific amount of the fees in section 22 CFR 51.61, but instead to

cross-reference to the Schedule of Fees. This will permit future

adjustments to passport fees to be made more efficiently, since it will

be necessary to amend only the Schedule of Fees as it appears in 22 CFR

22.1. The Department is similarly amending 22 CFR 51.67, which at

present states the specific amount of the fee for expedited passport

services.

In addition, 22 CFR 51.62 provides for the possibility of

``regulatory fees,'' but does not set forth any services for which such

fees are charged. The Department believes that the provision for

``statutory'' and ``regulatory'' fees in sections 51.61 and 51.62,

respectively, reflects the fact that the precise amount of certain

passport fees formerly was specified by statute while other passport-

related fees could potentially be established by regulation pursuant to

general statutory authorities. Now, however, the statutes that

specifically provide for passport fees no longer set the actual amount

of the fee to be charged. Instead, all fees are authorized by statutes

that leave the precise amount to be set by regulation in accordance

with user charges principles. As a result, the Department has concluded

that sections 51.61 and 51.62 can now be combined into a single

section, which will be section 51.61, setting forth the passport

services for which fees will be charged. The remaining sections of

Subpart D will be renumbered accordingly.

Finally, amendments are being made in Subpart D to conform that

Subpart to other changes made in the Schedule of Fees and to modernize

its provisions.

Amendment to 22 CFR Part 53

The title of 22 CFR Part 53 is being changed and the authority

citation is being revised.

Regulatory Findings

This rule is not considered to be a major rule for purposes of E.O.

12291

[[Page 63482]]

nor is it expected to have a significant impact on a substantial number

of small entities under the criteria of the Regulatory Flexibility Act,

5 U.S.C. 605(b). This rule does not impose information collection

requirements under the provisions of the Paperwork Reduction Act, 44

U.S.C. Chapter 35. This rule has been reviewed as required by E.O.

12988 and determined to be in compliance therewith. This rule is exempt

from E.O. 12866 but has been reviewed internally by the Department to

ensure consistency with the objectives thereof and by OMB in light of

its public policy implications. OMB has determined that the rule would

in any event not constitute a significant regulatory action under E.O.

12866.

List of Subjects

22 CFR Part 22

Consular services, Fees, Schedule of fees for consular services,

Passports and visas.

22 CFR Part 51

Passports, fees.

22 CFR Part 53

Passport requirement and exceptions.

Accordingly, parts 22, 51, and 53 are proposed to be amended as

follows:

PART 22--[AMENDED]

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

follows:

Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 22 U.S.C. 214,

4201, 4206, 4215, 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632, 3

CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-

1970 Comp., p. 570.

2. Section 22.1 is revised to read as follows:

22.1 Schedule of fees.

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

Item No. Fee

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

Passport and Citizenship Services

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

1. Passport Services. [former

nos. 1, 3, 4]: \1\

(a) Execution........ $15.00.

(b) First-time

issuance:.

(1) Applicants age 16 $45.00 plus expedited processing fee if

or over. applicable.

(2) Applicants under $25.00 plus expedited processing fee if

age 16. applicable.

(c) Subsequent

issuance (renewal):.

(1) Applicants age 16 $40.00 plus expedited processing fee if

or over. applicable.

(2) Applicants under $25.00 plus expedited processing fee if

age 16. applicable.

(d) Expedited service

(exclusive of

express mail

charges) not

applicable overseas:.

(1) Requested $35.00.

guaranteed 3-day

service.

(2) In-person service $35.00.

at a U.S. Passport

Agency, unless the

Department has

determined that the

applicant is

required to apply at

a U.S. Passport

Agency.

2. Exemptions: The following

applicants are exempted from

passport fees: [former no.

5]:

(a) Officers or No fee.

employees of the

United States

proceeding abroad or

returning to the

United States in the

discharge of their

official duties, or

their immediate

family members (22

U.S.C. 214).

(b) American seamen No fee.

who require a

passport in

connection with

their duties aboard

an American flag

vessel (22 U.S.C.

214).

(c) Widows, children, No fee.

parents, or siblings

of deceased members

of the Armed Forces

proceeding abroad to

visit the graves of

such members (22

U.S.C. 214).

(d) Employees of the No fee.

American National

Red Cross proceeding

abroad as members of

the Armed Forces of

the United States

(10 U.S.C. 2602(c)).

(e) Peace Corps and No fee.

Volunteer Leaders

deemed to be

employees of the

United States for

purposes of

exemption from

passport fees (22

U.S.C. 2504(a)).

3. File search and $15.00.

verification of U.S.

citizenship when applicant

has not presented evidence

of citizenship and previous

records must be searched.

(This fee will not be

charged when the applicants'

passport was stolen or when

one of the exemptions in

item 38 is applicable.)

[former no. 10(a)].

4. Determination or $100.00.

adjudication of U.S.

citizenship for applicants

born overseas who have not

presented a U.S. passport,

Report of Birth Abroad of a

Citizen of the United

States, or Certificate of

Naturalization or

Citizenship from the

Immigration and

Naturalization Service.

[new] \2\.

5. Passport amendments, to No fee.

add current or new

information, change a name,

extend a previous passport

time limitation, correct an

administrative error,

validate a passport for

travel to restricted

countries, or add extra

pages. [former no. 6].

6. Passport waiver (22 CFR No fee.

53.2(h), Passport

requirement and exceptions).

[former no. 12].

7. Registration of a U.S. No fee.

citizen at a U.S. Embassy or

Consulate when documentary

evidence of U.S. citizenship

has been presented. [former

no. 7].

8. Report of Birth Abroad of $40.00.

a Citizen of the United

States (includes new no. 4).

[former nos. 8, 9(a)].

9. Issuance of Replacement $40.00.

Report of Birth Abroad of a

Citizen of the United States

by the Department of State

in Washington. [former no.

9].

For fees relating to

obtaining documents from

passport files and related

records, see Documentary

Services, item 35 and

succeeding.

(Item nos. 10 through 14

vacant.)

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

Overseas Citizens Services

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

General Overseas Assistance:

15. Arrest visits. [new]. No fee.

16. Assistance regarding No fee.

the welfare and

whereabouts of a U.S.

citizen, including child

custody inquiries. [new].

17. Loan processing.

[new]:.

[[Page 63483]]

(a) Repatriation No fee.

loans..

(b) Emergency dietary No fee.

assistance loans..

(Item Nos. 18-20 vacant.)

Death and Estate Services:

21. Identification of No fee.

remains and consultation

with family members of a

U.S. Citizen. [new].

22. Assistance to the No fee.

next-of-kin in making

arrangements for

shipping or other

disposition of remains

of a U.S. Citizen.

[former no. 73].

23. Affidavit attesting No fee.

to preparation and

packing of remains of a

U.S. Citizen. [former

no. 59].

24. Issuance of consular No fee.

mortuary certificate on

behalf of a U.S.

Citizen. [former no. 60].

25. Assistance in $700.00.

transshipment of remains

of a foreign national to

or through the United

States, including

documentation covered by

items 23 and 24. [new].

26. Preparation of Report No fee.

of Death of an American

Citizen Abroad,

including sending copies

to legal representative

and closest known

relative or relatives.

[former no. 9(c)].

27. Acting as a

provisional conservator

of estates of U.S.

citizens (other than

U.S. Government

employees), including

taking possession of,

making an inventory,

placing the official

seal on the estate,

overseeing the

appraisal, sale and

final disposition of the

estate, disbursing

funds, forwarding

securities, etc.:

[former no. 70, 71, 72]:.

(a) Estates under No fee.

$10,000.

(b) Estates $10,000 Consular time (item 70) and costs.

or more, for

rendering services

additional to taking

possession,

inventorying, and

placing the official

seal.

(Item nos. 28-29 vacant.)

Services Relating to Vessels

and Seamen:

30. Shipping and seamen Per service, $80.00.

services, including

recording of bill of

sale of vessel purchased

abroad, taking of

application for

certificate of American

ownership, and

investigation. [former

no. 34].

31. Documentary services Per service, $650.00 plus costs incurred.

related to shipping,

including issuance of

certificate of American

ownership. [former no.

35].

32. Services provided for No fee.

an American vessel or

American seamen. 22

U.S.C. 4206. [former no.

36].

(Items nos. 33-34 vacant.)

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

Documentary Services

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

35. Notarials. [former nos. $55.00.

45 (a) and (b)].

36. Certifications:

(a) Certifying under $20.00; each additional copy $10.00.

official seal that a

copy or extract made

from an official or

a private document

is a true copy.

[former nos. 45(c),

10(c)].

(b) Certifying under $20.00; each additional copy $10.00.

official seal a

statement or extract

from official files

or a statement that

no record of an

official file can be

located. [former no.

10(d)].

(c) Certifying the $20.00; each additional copy $10.00.

fact of issuance of

a Report of Birth

Abroad of a Citizen

of the United States

and certifying

copies of documents

relating to births,

marriages, and

deaths of citizens

abroad issued by a

U.S. Embassy or

Consulate

(obtainable from the

Department of State,

Washington, D.C.).

[former no. 9].

37. Authentications:

(a) Certifying to $32.00.

official character

of a foreign notary

or other official

(i.e.,

authenticating a

document). [former

no. 45(d), 9(b)].

(b) Authenticating a $32.00.

federal, state, or

territorial seal, or

certifying to the

official status of

an 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, or any

document submitted

to the Department

for that purpose.

[former no. 45(f)].

38. Exemptions: Notarial,

certification, and

authentication fees (items

35, 36, and 37) or passport

file search fees (item 3)

will not be charged when the

service is performed:

[former nos. 11, 58]:

(a) At the request of No fee.

any federal

government agency

(unless substantial

costs would be

incurred).

(b) At the request of No fee.

any state or local

government, the

District of

Columbia, or any of

the territories or

possessions of the

United States

(unless substantial

costs would be

incurred).

(c) With respect to No fee.

documents to be

presented by

claimants,

beneficiaries, or

their witnesses in

connection with

obtaining federal,

state, or municipal

benefits.

(d) For American No fee.

citizens outside the

United States

preparing ballots

for any public

election in the

United States or any

of its territories.

(e) At the request of No fee.

a foreign government

or an international

agency of which the

United States is a

member if the

documents are for

official

noncommercial use.

(f) At the request of No fee.

a foreign government

official when

appropriate or as a

reciprocal courtesy.

(g) At the request of No fee.

U.S. Government

personnel, Peace

Corps volunteers, or

their dependents

stationed or

traveling officially

in a foreign country.

(h) With respect to No fee.

documents whose

production is

ordered by a court

of competent

jurisdiction.

39. 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. [former

no. 66].

40. Providing seal and $455.00.

certificate for return of

letters rogatory executed by

foreign officials. [former

no. 67].

41. Taking depositions or Per hour, $200.00 plus costs incurred.

executing commissions to

take testimony. [former no.

69].

(Items nos. 42-49 vacant.)

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

Visa Services

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

50. Immigrant visa $260.00.

application processing fee.

[former no. 20].

[[Page 63484]]

51. Immigrant visa $75.00.

application surcharge for

Diversity Visa Lottery.

[former no. 19].

52. Immigrant visa issuance $65.00.

fee. [former no. 21].

53. Refugee case preparation No fee.

and processing. [new].

54. Nonimmigrant visa $45.00.

application processing fee.

[former no. 26].

55. EXEMPTIONS from

nonimmigrant visa

application processing fee:

[former no. 26]:

(a) Applicants for A, No fee.

G, C-2, C-3, and

NATO visas.

(b) Applicants for J No fee.

visas participating

in official U.S.

Government (USIA or

USAID) sponsored

educational and

cultural exchanges.

(c) Persons issued No fee.

replacement machine

readable visas when

the original machine

readable visa has

not adhered to the

passport or other

travel document

through no fault of

the applicant.

(d) Persons exempted No fee.

by international

agreement as

determined by the

Department.

(e) Persons No fee.

travelling to

participate in

charitable

activities as

determined by the

Department.

56. Visa fingerprinting. $25.00.

[former no. 28].

57. Nonimmigrant visa RECIPROCAL.

issuance fee, including

border crossing cards.

[former nos. 22, 24].

58. EXEMPTIONS from

nonimmigrant visa issuance

fee: [former no. 23]:

(a) An official No fee.

representative of a

foreign government

or an international

or regional

organization of

which the U.S. is a

member.

(b) An applicant No fee.

transiting to and

from the United

Nations headquarters.

(c) An applicant No fee.

participating in a

U.S. government

sponsored program.

59. Special visa processing

services for aliens: [new]:

(a) returning $50.00.

resident status.

(b) transportation $120.00.

letter.

(c) waiver of $95.00.

immigrant visa

ineligibility

(collected for INS;

subject to change).

60. Filing immigrant visa $80.00.

petition (collected for INS;

subject to change).

(Items Nos. 61-64 vacant.)

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

Administrative Services

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

65. Nonemergency telephone Local long distance rate plus $10.00.

calls. [former no. 85].

66. Setting up and $20.00.

maintaining a trust account

for 1 year or less to

transfer funds to or for the

benefit of an American in

need in a foreign country.

[former no. 92].

67. Transportation charges Costs incurred.

incurred in the performance

of fee and no-fee services

when appropriate and

necessary. [former no. 94].

68. Emergency passport photo No fee.

service. [former no. 13].

69. Return check processing $25.00.

fee. [former no. 95].

70. Consular time charges as Per hour, $180.00 plus costs incurred.

required by this schedule or

for fee services performed

away from the office or

after-duty-hours. [former

no. 93].

71. Photocopies (provided Per page, $1.00.

other than pursuant to 22

CFR Part 171 or order of a

court of competent

jurisdiction). [former nos.

10(b), 76].

(Item nos. 72-80 vacant.)

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

\1\ Note: Former numbers will not appear in the Final rule.

\2\ ``New'' designations will not appear in the Final rule.

Sec. 22.8 [Removed]

3. Section 22.8 is removed.

PART 51--[AMENDED]

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

follows:

Authority: 22 U.S.C. 211a, 212, 213, 214, 214a, 216, 217a,

2671(d); 31 U.S.C. 9701; Sec. 129, Pub. L. 102-138, 105 Stat. 661;

E.O. 11295, 36 FR 10603, 3 CFR, 1966-1970 Comp., p. 570.

5. 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 issued, which fee shall vary depending

on whether the passport is issued to a first-time applicant or a

renewal applicant and on the age of the applicant. The passport

issuance fee shall be paid by all applicants at the time of

application, except as provided in Sec. 51.62(a).

(b) A fee for execution of the passport application, except as

provided in section 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 issuance fee at the time of application and is not

refundable (see 22 CFR 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 22

CFR 51.66.

6. Section 51.62 is removed and sections Secs. 51.63 through 51.66

are redesignated as Secs. 51.62 through 51.65, respectively.

7. Newly redesignated Sec. 51.63 is amended in paragraph (a) by

changing ``Sec. 51.63'' to read ``Sec. 51.62'', and in paragraph (f) by

changing ``Sec. 51.67'' to read ``Sec. 51.66''.

8. Newly redesignated Sec. 51.66 is amended by revising paragraphs

(a) and (c) to read as follows:

Sec. 51.66 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. All

requests by applicants for in-person services at a Passport Agency

shall be considered requests for expedited processing, unless the

Department has determined that the applicant is required to apply at a

U.S. Passport Agency.

* * * * *

(c) A fee shall be collected for expedited processing service in

the

[[Page 63485]]

amount prescribed in the Schedule of Fees for Consular Services (22 CFR

22.1). This amount will be in addition to any other applicable fee and

does not include urgent mailing costs, if any.

PART 53--PASSPORT REQUIREMENT AND EXCEPTIONS

9. The title of Part 53 is revised to read as set forth above.

10. The authority citation for part 53 is revised to read as

follows:

Authority: 8 U.S.C. 1185; Proc. 3004, 18 FR 489, 3 CFR, 1949-

1953 Comp., p. 180.

Dated: November 19, 1997.

Patrick F. Kennedy,

Acting Under Secretary for Management.

[FR Doc. 97-30838 Filed 11-28-97; 8:45 am]

BILLING CODE 4710-06-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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