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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Proposed Rules]               
[Page 14895-14902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr02-21]                         
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE

22 CFR Parts 22 and 51

[Public Notice 3950]
 
Schedule of Fees for Consular Services, Department of State and 
Overseas Embassies and Consulates

AGENCY: Department of State.

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

DATES: Written comments must be received on or before April 29, 2002.

ADDRESSES: Interested persons are invited to submit written comments 
to: Office of the Executive Director, Bureau of Consular Affairs, 
Department of State, Suite H1004, 2401 E Street NW., Washington, DC 
20520.

FOR FURTHER INFORMATION CONTACT: Susan Abeyta, Office of the Executive 
Director, Bureau of Consular Affairs, telefax: (202) 663-2499; e-mail: 
fees@state.gov.

SUPPLEMENTARY INFORMATION:

Background

    The majority of the Department of State's consular fees are 
established pursuant to the general user charges statute, 31 U.S.C. 
9701, and/or U.S.C. 4219, which, as implemented through Executive Order 
10718 of June 27, 1957, authorizes the Secretary of State to establish 
fees to be charged for official services provided by embassies and 
consulates. Fees established under these authorities include fees for 
immigrant and nonimmigrant visa processing, for fingerprints, and for 
overseas citizens services. In addition, a number of statutes address 
specific fees: Passport application fees (including the cost of 
passport issuance and use) are authorized by 22 U.S.C. 214, as are fees 
for the execution of passport applications. (This provision was amended 
on November 29, 1999, by Public Law 106-113, to permit collection of a 
nonrefundable application fee subject to promulgation of implementing 
regulations, which are at 22 CFR parts 51 and 53.) Section 636 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 
Public Law 104-208, 110 Stat. 3009-703-704 (Sept. 30, 1996), authorizes 
establishment of a diversity visa application fee to recover the full 
costs of the visa lottery conducted pursuant to Sections 203 and 222 of 
the Immigration and Nationality Act (``INA''), 8 U.S.C. 1153, 1202. 
Nonimmigrant visa reciprocity fees are authorized and, in fact, 
generally required, pursuant to Section 281 of the INA, 8 U.S.C. 1351. 
Notwithstanding the general rule of reciprocity, however, a cost-based, 
nonimmigrant visa processing fee for the machine readable visa (MRV) 
and

[[Page 14896]]

for a combined border crossing and nonimmigrant visa card (BCC) (22 CFR 
41.32) is authorized by Section 140(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, Public Law 103-236 
(April 30, 1994). Certain persons are exempted by law or regulation 
from payment of specific fees. These exemptions are noted in the fee 
schedule and include the nonimmigrant visa fee exemptions set forth in 
22 CFR 41.107 for certain individuals who engage in charitable 
activities or who qualify for diplomatic visas. In addition, aliens 
under age 15 are in certain circumstances entitled to a combined MRV/
BCC for a statutorily established fee of $13, which is below the full 
cost of service, pursuant to Section 410 of Title III of the Commerce, 
Justice, State Appropriations Act enacted as part of the Omnibus FY 
1999 Appropriations Act, Public Law 105-277 (Oct. 21, 1998). Various 
statutes also permit the Department to retain some of the consular fees 
it collects. These are, at present, the MRV and BCC fees, the passport 
expedite fee, the fingerprint fee, the J Visa Waiver fee, and the 
Diversity Visa Lottery fee. Authority to retain the Affidavit of 
Support fee has existed in the past and may be renewed.
    With the exception of nonimmigrant visa reciprocity fees, which are 
established based on the practices of other countries, all consular 
fees are established on a basis of cost and in a manner consistent with 
general user charges principles, regardless of the specific statutory 
authority under which they are promulgated. As set forth in OMB 
Circular A-25, the general policy underlying user charges is that a 
reasonable charge should be made to each identifiable recipient for a 
measurable unit or amount of government service or property from which 
the user derives a special benefit. The OMB guidance covers all Federal 
Government activities that convey special benefits to recipients beyond 
those that accrue to the general public. The Department of State is 
required to review consular fees periodically to determine the 
appropriateness of each fee in light of applicable provisions of OMB 
Circular A-25. While services of direct benefit to individuals, 
organizations or groups should be paid for by the users rather than by 
taxpayers in general, the guidelines state that services performed for 
the primary benefit of the general public or the U.S. Government should 
be supported by tax revenues. The changes set forth in the proposed 
Schedule of Fees reflect these guidelines.
    The last major revision of the Schedule of Fees was in 1998. 
Consistent with OMB Circular A-25, from September 1999 to October 2001, 
the Department conducted a cost-of-service study to determine the 
current direct and indirect costs associated with each consular service 
the Department provides, so that the Schedule could be updated. The 
study was supervised by the Bureau of Consular Affairs and performed 
with the assistance of an independent contractor. The contractor and 
Department staff surveyed and visited domestic and overseas consular 
sites handling a representative sample of all consular services 
worldwide in FY 2000. This review attempted to identify the fully 
allocated costs of consular services (direct and indirect). The results 
of the review indicated that a fee established on the basis of the 
average cost of a consular officer's time should be $235 per hour. This 
hourly rate is used in the proposed schedule to recover the cost of 
services that are infrequently provided and that may require very 
different expenditures of time depending on the unique circumstances of 
the service, such as providing a certificate of American ownership for 
a yacht, a service that directly benefits an individual. In situations 
where services are provided often enough to develop a reliable estimate 
of the average time involved, however, the schedule generally sets a 
flat service fee. In either case, the fee is designed to recover some 
or all--but not more than--actual fully allocated costs the Department 
expects to incur over the period that the Schedule will be in effect. 
When the fee is set below costs, the remaining cost is either recovered 
through allocation to related services for which are fees charged, or 
will be covered by taxpayers through appropriations. (Detailed 
information concerning the methodology of the study is available from 
the Bureau of Consular Affairs.) Based on this effort and subsequent 
analysis, the Department is now proposing adjustments to the Schedule 
of Fees. Major changes to the schedule are discussed below.

Passport Execution and Processing Fees (Effective August 15, 2002)

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

Passport Expedite Fee (Effective August 15, 2002)

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

File Search and Verification of U.S. Citizenship (effective August 
15, 2002)

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

[[Page 14897]]

Adjudication of Citizenship for Undocumented Passport Applicants 
Born Abroad

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

Report of Birth

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

Overseas Citizens Services

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

Death and Estate Services

    No-fee services provided to the next-of-kin after the death of a 
U.S. citizen abroad have been consolidated under one item. The costs of 
these services are allocated to the passport fee.
    The $235 hourly rate for consular time plus costs incurred will be 
charged for making arrangements for a deceased non-U.S. citizen family 
member. It replaces the current $700 flat fee for assistance in 
arranging transshipment of a foreign national's remains and in 
providing related documentary services. Assistance in the case of a 
non-U.S. citizen's death is provided only under special circumstances, 
e.g., when a U.S. citizen relative requires assistance or no 
representative of the deceased's country of nationality is present to 
render assistance. The proposed Schedule sets a $60 fee for the 
issuance of a Consular Mortuary Certificate on behalf of a non-U.S. 
citizen, based on the average time required to prepare the document.
    The proposed Schedule combines all estate services for U.S. 
citizens under a single item. Consular officers have authority to take 
possession of and inventory estates and to oversee the final 
disposition of estates of U.S. citizens who die abroad. This authority 
is generally exercised, often on an interim basis, in the absence of a 
legal representative or in emergency situations. Expenses incurred in 
settling estates are generally paid from estate proceeds or must be 
paid by the estate representative. The costs of consular time and 
incidental expenses attributable to estate work are generally allocated 
to the passport fee because of the circumstances in which these 
services are provided and because the amount of consular time required 
usually is small. An additional reason for this approach is that most 
estates abroad are small and the net proceeds from disposition of the 
assets would not be sufficient to pay for even the minimal consular 
time usually involved. Thus, the Schedule proposes no separate fee for 
most estate work. In those few estate cases that do require significant 
consular time or expenditures, however, the Department has determined 
it is appropriate to charge for consular time and/or to require 
reimbursement of expenses. (In such cases, overseeing the sale and 
final disposition of the estate--disbursing funds and carrying out 
other legally related estate business--is often more appropriately 
handled by a private attorney or executor.)

Nonimmigrant Visa Services

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

Immigrant Visa Services

    The proposed Schedule sets one immigrant visa application 
processing fee of $335 to replace the current Schedule's two separate 
fees for immigrant visa application processing ($260) and immigrant 
visa issuance ($65). The Department determined that charging one fee 
would simplify fee collection and enhance both administrative 
efficiency and convenience to the applicant. Some of the costs of 
related services (e.g., Affidavit of Support review, returning resident 
status determinations) have also been allocated to the immigrant visa 
application fee to keep the fees for those services at lower levels. 
Because a single processing fee will be charged, the Department has 
also reviewed and is proposing changes in its regulation regarding the 
circumstances in which a refund will be allowed (22 CFR 42.71). Since 
there will be no issuance fee, refunds will no longer be related to 
whether or not an immigrant visa is issued. Given that the actual work 
involved in processing an immigrant visa application has already 
commenced by the time the application fee is paid, the fee will be non-
refundable unless the application is not or cannot be adjudicated as a 
result of action by the U.S. Government. The proposed revision is 
included in this proposed rule.
    The current $75 Diversity Visa (DV) Lottery surcharge for the 
immigrant visa application will increase to $100. The Department has 
legal authority to establish the surcharge, which is paid only by 
persons who ``win'' the lottery and apply for a DV visa, at a level 
sufficient to cover the entire cost of running the lottery. The full 
exercise of this authority would lead to a much higher surcharge 
because the number of winning applicants (roughly 55,000) is much 
smaller than the total number of

[[Page 14898]]

lottery entrants (recently about 10 million). The surcharge has been 
kept below the legally authorized amount. The Department notes that DV 
applicants must also pay the immigrant visa application processing fee; 
that the $100 surcharge will represent an increase in this surcharge of 
33 percent; and that the $100 surcharge will cover the Department's 
direct (but not indirect) costs of running the lottery. The Department 
believes that a $100 surcharge is therefore reasonable. Costs not 
recovered by the surcharge have been allocated to appropriations.
    The proposed Schedule raises to $65 the Affidavit of Support Review 
Fee, currently $50. This fee is charged domestically for all Affidavits 
of Support reviewed at the National Visa Center to ensure that they are 
properly completed before they are forwarded to a consular post for 
adjudication. The fee has been held below the cost of service; costs 
not recovered through the fee have been allocated to the immigrant visa 
application.

Special Visa Services

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

Documentary Services

    For documentary services, the proposed Schedule establishes a new 
fee structure that the Department expects will be easy to administer 
and that will lower the direct cost to customers. It establishes a 
consistent per-item fee for all documentary services. Customers 
requiring a service multiple times as part of a single transaction 
(e.g., notarization of a bill of sale and five copies, or notarization 
of three documents required for a single real estate transaction) will 
be charged one fee for the initial seal and a reduced fee for each 
subsequent seal. The current fees for documentary services are $55 for 
notarials, $20 for certifications, $10 for additional certified copies, 
and $32 for authentications. The proposed Schedule sets a fee of $30 
for the first seal for a notarial, certified copy, copy or certified 
document from the Department's Vital Records Section, and $20 for each 
additional seal. A fee of $30 is proposed for each authentication of a 
U.S. or foreign official seal or signature. Costs not covered by the 
proposed fees will be offset by appropriations. The Department notes 
that there is a long-standing, statutory requirement that consular 
officers perform notarial services abroad. Such services are available 
for minimal fees in the United States, and public concern over the 
Department's notarial fees when they were set in 1998 to ensure that 
the actual users pay the full cost of service has demonstrated a 
widespread expectation that notarial and similar services will be 
available from the U.S. Government to overseas users for fees that are 
not significantly higher than domestic fees, even if the overseas fee 
is well below the actual cost of service. Thus, the Department has 
concluded that allocating part of the cost of notarials to the general 
taxpayer is appropriate.
    Under the proposed Schedule, documentary fee exemptions for U.S. 
federal, state and local government agencies are combined under one 
item. One new exemption has been added: No fee will be charged for 
notarial services performed with respect to endorsing U.S. Savings 
Bonds Certificates. The U.S. Government is a beneficiary of the U.S. 
Savings Bond program, and imposing a fee on the individual bondholders 
for this service in the past has at times adversely affected persons of 
limited resources, thereby potentially discouraging use of this 
investment vehicle.

Judicial Assistance Services

    The proposed Schedule separates judicial assistance services from 
documentary services. A fee of $650 is proposed for processing letters 
rogatory, judicial assistance cases under the Foreign Sovereign 
Immunities Act, and certificates for return of letters rogatory 
executed by foreign officials. The $650 fee covers the estimated costs 
incurred in a routine case. A flat rate of $475 is proposed for making 
arrangements for taking one or more depositions that will run 
continuously in a single location on a single day so that only one set 
of reservations for facilities, reporting, and other services need be 
made. This fee also reflects the estimated cost of a normal case. It 
will be charged again if a deposition for which the fee has been paid 
is cancelled and rescheduled. When a consular official must also attend 
or take the deposition or execute a commission to take testimony, the 
Department proposes to charge, in addition, the hourly rate for the 
time spent performing this service and for expenses actually incurred. 
A flat fee of $235 is proposed for swearing in witnesses for telephone 
depositions, reflecting that a consular officer will generally have to 
reserve an hour of time for this service. If the consular officer must 
remain on the line while the deposition proceeds, an hourly rate of 
$235 will be charged for each hour or part thereof over the first hour. 
The $60 fee proposed for providing seal and certification of 
depositions is based on an estimate of the average time needed to 
perform this service.
    The proposed Schedule includes two exemptions from fees for 
judicial assistance services:
--The first applies to U.S. Federal, state, and local government 
agencies. The Department has determined that it is normally in the 
interest of the U.S. Government to perform services for other 
government agencies without assessing fees to those agencies. It 
streamlines administrative procedures for both agencies and facilitates 
performance of the task. In some cases, however, the effort required of 
the consular officer abroad can be extreme, in terms of time and cost. 
In those cases, the Department reserves the right to recover those 
costs by charging other agencies for consular time and expenses 
incurred. The cost of normal services for government agencies will 
otherwise be recovered through appropriations.
--Under the second exemption, no fee will be charged to execute 
commissions to take testimony in connection with foreign documents for 
use in criminal cases when the commission is accompanied by an order of 
federal court on behalf of an indigent party. The Department has 
determined that it is in the U.S. Government's interest to perform 
these services without assessing fees. It streamlines administrative

[[Page 14899]]

procedures, facilitates performance of the task without imposing 
bureaucratic obstacles, and is consistent with the government's broad 
interest in ensuring that criminal defendants get a fair trial.

Services Relating to Vessels and Seamen

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

Administrative Services

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

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule with a 
30-day provision for public comments.

Regulatory Flexibility Act

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

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of the United States-based companies to compete with 
foreign-based companies in domestic and export markets.

Executive Order 12866

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

Executive Order 13132

    This regulation will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Paperwork Reduction Act

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

List of Subjects

22 CFR Part 22

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

22 CFR Part 51

    Fees, Passports and visas.

    Accordingly, 22 CFR parts 22 and 51 are proposed to be amended as 
follows:

PART 22--[AMENDED]

    1. The authority citation for part 22 continues to read as follows:

    Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 
2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 
9701; Pub.L. 105-277, 112 Stat. 2681 et seq.; E.O. 10718, 22 FR 
4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 
CFR, 1966-1970 Comp., p. 570.

    2. Section 22.1 is revised to read as follows:


Sec. 22.1  Schedule of fees.

    The following table sets forth the U.S. Department of State's 
schedule of fees for consular services:

                 Schedule of Fees for Consular Services
------------------------------------------------------------------------
                Item No.                                Fee
------------------------------------------------------------------------
    Passport and Citizenship Services

1. Passport Execution: Required for       $30.
 first-time applicants and others who
 must apply in person (effective 8/15/
 02) [01--PASSPORT EXECUTION].
2. Passport Application Services
 (effective 8/15/02) for:
    (a) Applicants age 16 or over         $55.
     (including renewals) [02--ADULT
     PASSPORT].
    (b) Applicants under age 16 [03--     $40.
     MINOR PASSPORT].
    (c) Passport amendments (extension    No fee.
     of validity, name change, etc.)
     [04--AMENDMENT].
3. Expedited service: Guaranteed 3-day    $60.
 processing and/or in-person service at
 a U.S. Passport Agency (effective 8/15/
 02; not applicable abroad) [EXPEDITED
 SERVICE].
4. Exemptions: The following applicants
 are exempted from passport fees:

[[Page 14900]]


    (a) Officers or employees of the      No fee.
     United States and their immediate
     family members (22 U.S.C. 214) and
     Peace Corps Volunteers and Leaders
     (22 U.S.C. 2504(a)) proceeding
     abroad or returning to the United
     States in the discharge of their
     official duties [04--PASSPORT
     EXEMPT].
    (b) U.S. citizenseamen who require a  No fee.
     passport in connection with their
     duties aboard an American flag
     vessel (22 U.S.C. 214) [04--
     PASSPORT EXEMPT].
    (c) Widows, children, parents, or     No fee.
     siblings of deceased members of the
     Armed Forces proceeding abroad to
     visit the graves of such members
     (22 U.S.C. 214) [04--PASSPORT
     EXEMPT].
    (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. 2603) [04--PASSPORT EXEMPT].
5. Travel Letter: Provided as an          No fee.
 emergency accommodation to a U.S.
 citizen returning to the United States
 when the consular officer is unable to
 issue a passport book (consular time
 charges, item 75, may apply) [05--
 U.S.C. TRAVEL LETTER].
6. File search and verification of U.S.   $45.
 citizenship (effective 8/15/02): When
 applicant has not presented evidence of
 citizenship and previous records must
 be searched (except for an applicant
 abroad whose passport was stolen or
 lost abroad or when one of the
 exemptions is applicable) [06--PPT FILE
 SEARCH].
7. Application for Report of Birth        $65.
 Abroad of a Citizen of the United
 States: [07--REPORT BIRTH ABROAD].
(Items nos. 8 through 10 vacant.)

       Overseas Citizens Services

  Arrests, Welfare and Whereabouts, and
            Related Services:

11. Arrest and prison visits............  No fee.
12. Assistance regarding the welfare and  No fee.
 whereabouts of a U.S. Citizen,
 including child custody inquiries.
13. Loan processing
    (a) Repatriation loans..............  No fee.
    (b) Emergency dietary assistance      No fee.
     loans.

        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         Consular time (item 75) plus
     deceased non-U.S. citizen family      expenses.
     member (providing assistance in
     shipping or other disposition of
     remains of a non-U.S. Citizen) [11--
     NON U.S.C. DEATH].
15. Issuance of Consular Mortuary         $60.
 Certificate on behalf of a non-U.S.
 Citizen [12--NON-U.S.C. MORT CERT].
16. Acting as a provisional conservator
 of estates of U.S. Citizens:
    (a) Taking possession of personal     No fee.
     effects; making an inventory under
     an official seal (unless
     significant time and/or expenses
     incurred).
    (b) Overseeing the appraisal, sale,   No fee.
     and final disposition of the
     estate, including disbursing funds,
     forwarding securities, etc. (unless
     significant time and/or expenses
     incurred).
    (c) For services listed in 16(a) or   Consular time (item 75) and/or
     (b) when significant time and/or      expenses.
     expenses are incurred [13--ESTATE
     COSTS].
(Items nos. 17 through 20 vacant.)

       Nonimmigrant Visa Services

21. Nonimmigrant visa application and
 border crossing card processing fees
 (per person):
    (a) Nonimmigrant visa [21--MRV        $65.
     PROCESSING].
    (b) Border crossing card--10 year     $65.
     (age 15 and over) [22--BCC 10 YEAR].
    (c) Border crossing card--5 year
     (under age 15)
    (d) For Mexican citizen if parent or  $13.
     guardian has or is applying for a
     border crossing card [23--BCC 5
     YEAR].
22. EXEMPTIONS from nonimmigrant visa
 application processing fee:
    (a) Applicants for A, G, C--3, NATO   No fee.
     and diplomatic visas as defined in
     22 CFR 41.26 [24--MRV EXEMPT].
    (b) Applicants for J visas            No fee.
     participating in official U.S.
     Government sponsored educational
     and cultural exchanges [24--MRV
     EXEMPT].
    (c) Replacement machine-readable      No fee.
     visa when the original visa was not
     properly affixed or needs to be
     reissued through no fault of the
     applicant [24--MRV EXEMPT].
    (d) Applicants exempted by            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 [24--MRV EXEMPT].
    (e) Applicants travelling to provide  No fee.
     charitable services as determined
     by the Department [24--MRV EXEMPT].
    (f) U.S. Government employees         No fee.
     travelling on official business
     [24--MRV EXEMPT].
23. Nonimmigrant visa issuance fee,
 including border-crossing cards.
    [25--NIV ISSUANCE RECIPROCAL]
    RECIPROCAL
24. EXEMPTIONS from nonimmigrant visa
 issuance fee:
    (a) An official representative of a   No fee.
     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 [26--NIV
     ISSUANCE EXEMPT].
    (b) An applicant transiting to and    No fee.
     from the United Nations
     Headquarters [26--NIV ISSUANCE
     EXEMPT].
    (c) An applicant participating in a   No fee.
     U.S. Government sponsored program
     [26--NIV ISSUANCE EXEMPT].
    (d) An applicant travelling to        No fee.
     provide charitable services as
     determined by the Department [26--
     NIV ISSUANCE EXEMPT].
(Items Nos. 25 through 30 vacant.)


[[Page 14901]]


   Immigrant and Special Visa Services

31. Filing immigrant visa petition
 (Collected for INS and subject to
 change):
    (a) Petition to classify status of    $130.
     alien relative for issuance of
     immigrant Visa [31--INS I--130
     PETITION].
    (b) Petition to classify orphan as    $460.
     an immediate relative [32--INS I-
     600 PETITION].
32. Immigrant visa application            $335.
 processing fee (per person) [33--IV
 APPLICATION].
33. Diversity Visa Lottery surcharge for  $100.
 immigrant visa application (per person
 applying as a result of the lottery
 program) [34--DV PROCESSING].
34. Affidavit of Support Review (only     $65.
 when AOS is reviewed domestically).
35. Special visa services:
    (a) Determining Returning Resident    $360.
     Status [35--RETURNING RESIDENT].
    Transportation letter for Legal       $300.
     Permanent Residents of U.S. [36--
     LPR TRANSPORTATION LETTER].
    (c) Waiver of 2 year residency        $230.
     requirement [27--J WAIVER].
    (d) Waiver of immigrant visa          $195.
     ineligibility (collected for INS
     and subject to change) [37--IV
     WAIVER].
    (e) Refugee or significant public     No fee.
     benefit parole case processing [38--
     REFUGEE/PAROLE].
    (f) U.S. Visa fingerprinting [39--    $85.
     FINGERPRINTS].
(Item Nos. 36 through 40 vacant.)

          Documentary Services

41. Providing notarial service:
    (a) First service (seal) [41--        $30.
     NOTARIAL].
    (b) Each additional seal provided at  $20.
     the same time in connection with
     the same transaction [42--
     ADDITIONAL NOTAR].
42. Certification of a true copy or that
 no record of an official file can be
 located (by a post abroad):
    (a) First Copy [43--CERTIFIED COPY].  $30.
    (b) Each additional copy provided at  $20.
     the same time [44--ADDITIONAL COPY].
43. Provision of documents, certified
 copies of documents, and other
 certifications by the Department of
 State (domestic):
    (a) Documents relating to births,     $30.
     marriages, and deaths of U.S.
     citizens abroad originally issued
     by a U.S. Embassy or Consulate.
    (b) Issuance of Replacement Report    $30.
     of Birth Abroad.
    (c) Certified copies of documents     $30.
     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 document   $30.
     or extract from an official
     passport record.
    (e) Certifying that no record of an   $30.
     official file can be located [45--
     BRTH/MAR/DEATH/NO RECORD].
    (f) Each additional copy provided at  $20.
     same time [46--ADDITIONAL CERT].
44. Authentications (by posts abroad):
    (a) Authenticating a foreign notary   $30.
     or other foreign official seal or
     signature.
    (b) Authenticating a U.S. Federal,    $30.
     State, or territorial seal.
    (c) Certifying to the official        $30.
     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.
    (d) Each authentication [47--         $30.
     AUTHENTICATION].
45. Exemptions: Notarial, certification,
 and authentication fees (items 35, 36,
 and 37) or passport file search fees
 (item 4) will not be charged when the
 service is performed:
    (a) At the direct request of any      No fee.
     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) [48--
     DOCUMENTS EXEMPT].
    (b) With respect to documents to be   No fee.
     presented by claimants,
     beneficiaries, or their witnesses
     in connection with obtaining
     Federal, State, or municipal
     benefits [48--DOCUMENTS EXEMPT].
    (c) For U.S. citizens outside the     No fee.
     United States preparing ballots for
     any public election in the United
     States or any of its territories
     [48--DOCUMENTS EXEMPT].
    (d) At the direct request of a        No fee.
     foreign government or an
     international agency of which the
     United States is a member if the
     documents are for official
     noncommercial use [48--DOCUMENTS
     EXEMPT].
    (e) At the direct request of a        No fee.
     foreign government official when
     appropriate or as a reciprocal
     courtesy [48--DOCUMENTS EXEMPT].
    (f) At the request of direct hire     No fee.
     U.S. Government personnel, Peace
     Corps volunteers, or their
     dependents stationed or traveling
     officially in a foreign country
     [48--DOCUMENTS EXEMPT].
    (g) With respect to documents whose   No fee.
     production is ordered by a court of
     competent jurisdiction [48--
     DOCUMENTS EXEMPT].
    (h) With respect to affidavits of     No fee.
     support for immigrant visa
     applications [48--DOCUMENTS EXEMPT].
    (i) With respect to endorsing U.S.    No fee.
     Savings Bonds Certificates [48--
     DOCUMENTS EXEMPT].
(Item nos. 46 through 50 vacant.)

      Judicial Assistance Services

51. Processing letters rogatory and
 Foreign Sovereign Immunities Act (FSIA)
 judicial assistance cases, including
 providing seal and certificate for
 return of letters rogatory executed by
 foreign officials:
    [51--LETTERS ROGATORY]..............  $650.
    [52--FSIA]..........................  $650.
52. Taking depositions or executing
 commissions to take testimony:
    (a) Scheduling/arranging              $475.
     appointments for depositions,
     including depositions by video
     teleconference (per daily
     appointment) [53--ARRANGE DEPO].
    (b) Attending or taking depositions,  $235 per hour plus expenses.
     or executing commissions to take
     testimony (per hour or part
     thereof) [54--DEPOSE/HOURLY].

[[Page 14902]]


    (c) Swearing in witnesses for         $235.00.
     telephone depositions [55--
     TELEPHONE OATH].
    (d) Supervising telephone             $235 per hour plus expenses.
     depositions (per hour or part
     thereof over the first hour) [56--
     SUPERVISE TEL DEPO].
    (e) Providing seal and certification  $60.00.
     of depositions [57--DEPOSITION
     CERT].
53. Exemptions: Deposition or executing
 commissions to take testimony. Fees
 (item 42) will not be charged when the
 service is performed:
    (a) At the direct request of any      No fee.
     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) [58--JUDICIAL EXEMPT].
    (b) Executing commissions to take     No fee.
     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 [59--INDIGENT TEST].
(Items no. 54 through 60 vacant.)

 Services Relating to Vessels and Seamen

61. Shipping and Seaman's services:
 Including but not limited to, recording
 a bill of sale of a vessel purchased
 abroad, renewal of a marine radio
 license, and issuance of certificate of
 American ownership:
    [61--SHIPPING BILL OF SALE].........  Consular time (item 75) plus
                                           expenses.
    [62--SHIPPING RADIO LISC]...........  Consular time (item 75) plus
                                           expenses.
    [63--SHIPPING CERT AM OWN]..........  Consular time (item 75) plus
                                           expenses.
    [64--SHIPPING MISC].................  Consular time (item 75) plus
                                           expenses.
(Item nos. 62 through 70 vacant.)

         Administrative Services

71. Non-emergency telephone calls.......
    [71--TOLL CALL COST] [72--TOLL COST   Long distance charge plus $10.
     SURCHARGE].
72. Setting up and maintaining a trust    $30.
 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--OCS TRUST].
73. Transportation charges incurred in    Expenses incurred.
 the performance of fee and no-fee
 services when appropriate and necessary
 [74--TRANSPORTATION].
74. Return check processing fee [75--     $25.
 RETURN CHECK].
75. Consular time charges: As required    $235.
 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--CONSULAR TIME].
76. Photocopies (per page) [77--          $1.
 PHOTOCOPY].
(Items nos. 77 through 80 vacant.)
------------------------------------------------------------------------

PART 51--[AMENDED]

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

    Authority: 22 U.S.C. 211a; 213, 2651a; 2671(d)(3), 2714 and 
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570; 
sec. 236, Pub. L. 106-113, 113 Stat. 1501A-430; 18 U.S.C.1621(a)(2).

    4. Sec. 51.61 is revised to read as follows:


Sec. 51.61  Passport fees.

    Fees, including execution fees, shall be collected for the 
following passport services in the amounts prescribed in the Schedule 
of Fees for Consular Services (22 CFR 22.1):
    (a) A fee for each passport application filed, which fee shall vary 
depending on the age of the applicant. The passport application fee 
shall be paid by all applicants at the time of application, except as 
provided in Sec. 51.62(a), and is not refundable, except as provided in 
Sec. 51.63. A person who is denied a passport may request that the 
application be reconsidered without payment of an additional fee upon 
the submission, within 90 days after the date of the denial, of 
documentation not previously presented that is sufficient to establish 
citizenship or entitlement to a passport.
    (b) A fee for execution of the passport application, except as 
provided in Sec. 51.62 (b), when the applicant is required to execute 
the application in person before a person authorized to administer 
oaths for passport purposes. This fee shall be collected as part of the 
passport application fee at the time of application and is not 
refundable (see Sec. 51.65). When execution services are provided by an 
official of a state or local government or of the United States Postal 
Service, the fee may be retained by that entity to cover the costs of 
service pursuant to an appropriate agreement with the Department of 
State.
    (c) A fee for expedited services, if any, provided pursuant to 
Sec. 51.66.

    Dated: February 1, 2002.
Grant S. Green,
Under Secretary of State for Management, Department of State.
[FR Doc. 02-6863 Filed 3-27-02; 8:45 am]
BILLING CODE 4710-06-P


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