[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Proposed Rules]
[Pages 6321-6330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2816]


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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice: 6887]
RIN 1400-AC58


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

AGENCY: Bureau of Consular Affairs, State.

ACTION: Proposed rule.

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SUMMARY: This rule proposes adjustments in current fees for consular 
services. The Department of State is adjusting the fees in light of an 
independent cost of service study's (``CoSS'') findings that the U.S. 
Government is not fully covering its costs for providing these services 
under the current fee structure. The primary objective of the 
adjustments to the Schedule of Fees is to ensure that fees for consular 
services reflect costs to the United States of providing the services.

DATES: Written comments must be received on or before 30 days from 
February 9, 2010.

ADDRESSES: Interested parties may submit comments by any of the 
following methods:
    <bullet> Persons with access to the Internet may view this notice 
and submit comments by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.
    <bullet> Mail (paper, disk, or CD-ROM): U.S. Department of State, 
Office of the Executive Director, Bureau of Consular Affairs, U.S. 
Department of State, Suite H1001, 2401 E Street NW., Washington, DC 
20520.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#51373434221122253025347f363e27"><span class="__cf_email__" data-cfemail="03656666704370776277662d646c75">[email protected]</span></a>. You must include the RIN (1400-
AC58) in the subject line of your message.

FOR FURTHER INFORMATION CONTACT: Amber Baskette, Office of the 
Executive Director, Bureau of Consular Affairs, Department of State; 
phone: 202-663-2599, telefax: 202-663-2499; e-mail: <a href="/cdn-cgi/l/email-protection#1c7a79796f5c6f687d6879327b736a"><span class="__cf_email__" data-cfemail="690f0c0c1a291a1d081d0c470e061f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The proposed rule makes changes to the Schedule of Fees for 
Consular Services of the Department of State's

[[Page 6322]]

Bureau of Consular Affairs (``Schedule of Fees'' or ``Schedule''), as 
well as a conforming amendment to 22 CFR 51.51(d). As discussed below, 
full cost recovery is the basis on which consular fees are ordinarily 
set and collected. In line with this principle, the Department has 
reviewed its current consular fees based on a recently completed CoSS, 
and decided to implement a number of changes to the Schedule of Fees.
    Two of these changes are particularly noteworthy. First, the 
proposed rule establishes a tiered application processing fee for 
immigrant visas depending on the category, as determined by the cost to 
the U.S. Government of processing that particular category of visa. 
Second, the proposed rule increases the adult passport book application 
fee from $55 to $70 to make this fee more consistent with full cost 
recovery. Moreover, certain consular services performed for no fee are 
included in the Schedule so that members of the public will be aware of 
significant consular services provided by the Department for which they 
will not be charged.
    Nonimmigrant visa fees, including fees for Machine-Readable Visas 
(MRVs) and Border Crossing Cards (BCCs), have been modified pursuant to 
a separate rule published December 14, 2009. These modified fees are 
reflected in Item 21 of the Schedule below.

What Is the Authority for This Action?

    The Department of State derives the general authority to set the 
amount of fees for the consular services it provides, and to charge 
those fees, from the general user charges statute, 31 U.S.C. 9701. See, 
e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency * * * may 
prescribe regulations establishing the charge for a service or thing of 
value provided by the agency * * * based on * * * the costs to the 
Government * * *.''). As implemented through Executive Order 10718 of 
June 27, 1957, 22 U.S.C. 4219 further authorizes the Department to 
establish fees to be charged for official services provided by U.S. 
embassies and consulates. Other authorities allow the Department to 
charge fees for consular services, but not to determine the amount of 
such fees, as the amount is statutorily determined. Examples include: 
(1) The $13 fee for machine-readable BCCs for certain Mexican citizen 
minors, Omnibus Consolidated and Emergency Supplemental Appropriations 
Act of 1999, Public Law 105-277, 112 Stat. 2681-50, Div. A, Title IV, 
sec. 410(a) (reproduced at 8 U.S.C. 1351 note); and (2) the reciprocal 
nonimmigrant visa issuance fee, 8 U.S.C. 1351.
    A number of other statutes address specific fees relating to 
passport processing, immigrant and nonimmigrant visa processing, and 
overseas citizens services. For example, 22 U.S.C. 214 authorizes the 
Department to charge passport application and execution fees. Another 
law authorizes the Department to establish a fee for the processing of 
applications for ``diversity visas,'' to recover the costs of the 
``visa lottery'' program conducted under Immigration and Nationality 
Act (INA) sections 203 and 222, 8 U.S.C. 1153, 1201. See Omnibus 
Consolidated Appropriations Act, 1997, Public Law 104-208, 110 Stat. 
3009, Div. C, Title VI, Sec.  636 (reproduced at 8 U.S.C. 1153 note). 
Only those applicants who register in the lottery and are selected may 
apply for a visa, and those who choose to apply must pay the fee; the 
fee incorporates the costs to the Department of administering the 
lottery program. Id. Another statute authorizes the Department to 
collect and retain surcharges on passports and immigrant visas to help 
pay for efforts to enhance border security. See 8 U.S.C. 1714. While 
these fees were originally frozen statutorily at $12 and $45 
respectively, subsequent legislation authorized the Department to amend 
these amounts administratively, provided the resulting surcharge is 
``reasonably related to the costs of providing services in connection 
with the activity or item for which the surcharges are charged.'' 
Department of State Authorities Act of 2006, Public Law 109-472, 120 
Stat. 3554, sec. 6(b)(1) (reproduced at 8 U.S.C. 1714 note). 
Furthermore, several statutes deal with fees for nonimmigrant visas, 
including the issuance fee statute described above, 8 U.S.C. 1351 
(establishing reciprocity as the basis for the nonimmigrant visa 
issuance fee), and the MRV and BCC fees modified in the proposed rule 
published in the Federal Register on December 14, 2009.
    Certain persons are exempted by law or regulation from paying 
specific fees or are expressly made subject to a special fee regime by 
law. These are noted in the Schedule of Fees below. They include, for 
instance, several exemptions from the nonimmigrant visa application fee 
for certain individuals who engage in charitable activities or who 
qualify for diplomatic visas. See 8 U.S.C. 1351; 22 CFR 41.107(c). 
Certain Iraqi and Afghan nationals are similarly exempt from paying an 
immigrant visa application fee. See National Defense Authorization Act 
for Fiscal Year 2008, Public Law 110-181, 122 Stat. 3, Div. A, Title 
XII, sec. 1244(d) (reproduced at 11 U.S.C. 1157 note); Omnibus 
Appropriations Act, 2009, Public Law 111-8, 123 Stat. 524, Div. F, 
Title VI, sec. 602(b)(4) (reproduced at 8 U.S.C. 1101 note). As another 
example, qualifying Mexican citizen minors pay a special BCC fee well 
below what it costs the Department to process such cards. Omnibus 
Consolidated and Emergency Supplemental Appropriations Act of 1999, 
Public Law 105-277, Div. A, Title IV, sec. 410(a), reproduced at 8 
U.S.C. 1351 note.
    While for most consular fees, the funds collected must be deposited 
into the Treasury, various statutes permit the Department to retain the 
fees it collects. Among these are the following: (1) The MRV and BCC 
fees, Omnibus Consolidated and Emergency Supplemental Appropriations 
Act of 1999, Public Law 103-236, Title I, sec. 140(a)(2), 112 Stat. 
2681-50 (reproduced at 8 U.S.C. 1351 note); (2) the passport expedite 
fee, Department of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1995, Public Law 103-317, 108 
Stat. 1724, Title V (reproduced at 22 U.S.C. 214 note); (3) the 
passport and immigrant visa security surcharges, 8 U.S.C. 1714; (4) the 
Western Hemisphere Travel Initiative (WHTI) surcharge, which is 
imbedded in the passport book and passport card application fees, 22 
U.S.C. 214(b)(1); (5) the diversity visa lottery fee Omnibus 
Consolidated Appropriations Act, 1997, Public Law 104-208, Div. C, 
Title VI, sec. 636 (reproduced at 8 U.S.C. 1153 note); (6) the fee for 
an affidavit of support, Consolidated Appropriations Act, 2000, Public 
Law 106-113, 113 Stat. 1501, Div. A, Title II, Sec.  232(a) (reproduced 
at 8 U.S.C. 1183a note); and (7) the fee to process requests from 
participants in the Department's Exchange Visitor Program for a waiver 
of the two-year home-residence requirement, 22 U.S.C. 1475e. The 
Department also has available to it a portion of certain fraud 
prevention and detection fees charged to applicants for H- and L-
category visas. 8 U.S.C. 1356(v)(2)(A).

Why Is the Department Adjusting Fees at This Time?

    With certain exceptions--such as the reciprocal nonimmigrant visa 
issuance fee and the reduced Mexican citizen minor BCC fee described 
above, as well as a congressionally mandated $1 surcharge on all 
nonimmigrant visas, see William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008, Public Law 110-457, 122 Stat. 
5044, Title II, sec. 239 (reproduced at 8 U.S.C. 1351 note)--the 
Department of

[[Page 6323]]

State generally sets consular fees at an amount calculated to achieve 
recovery of the costs to the U.S. Government of providing the consular 
service, in a manner consistent with general user charges principles, 
regardless of the specific statutory authority under which the fees are 
authorized. As set forth in OMB Circular A-25, as a general policy, 
each recipient should pay a reasonable user charge for government 
services, resources, or goods from which he or she derives a special 
benefit, at an amount sufficient for the U.S. Government to recover the 
full costs to it of providing the service, resource, or good. See OMB 
Circular No. A-25, sec. 6(a)(2)(a). The OMB guidance covers all Federal 
Executive Branch activities that convey special benefits to recipients 
beyond those that accrue to the general public. See id., sections 4(a), 
6(a)(1).
    While fees are thus set in accordance with full cost recovery, 
there are limited circumstances, such as the passport book and card 
application fees for minors, in which costs are allocated to related 
fees or the Department charges a fee that is lower than the cost of 
providing the service. This may be done in order to account for 
statutory requirements or the potential impact on the public of setting 
those fees at a higher level.
    The Department reviews consular fees periodically to determine each 
fee's appropriateness in light of the OMB guidance. The Department has 
made the changes set forth in this proposed Schedule of Fees 
accordingly. In line with this guidance, the Department contracted for 
an independent CoSS, which conducted its work from August 2007 through 
June 2009. The CoSS used an activity-based costing model to determine 
the current direct and indirect costs to the U.S. Government associated 
with each consular good and service the Department provides. The 
contractor and Department staff surveyed and visited domestic and 
overseas consular sites handling a representative sample of all 
consular services worldwide. The study identified the cost of the 
various discrete consular goods and services, both direct and indirect, 
and the study's results formed the basis of the changes herein proposed 
to the Schedule. Detailed information concerning the CoSS's methodology 
is available from the Bureau of Consular Affairs.
    In situations where services are provided with enough frequency to 
develop a reliable estimate of the average time involved, the Schedule 
generally sets a flat service fee. In situations that require services 
to be performed away from the office or during after-duty hours, the 
Department calculates the fee based on a consular ``hourly rate''; this 
rate, which appears at Item 75 on the Schedule below, represents the 
cost per hour or part thereof/per consular employee. Whether by flat 
fee or fee determined by hourly rate, the fees the Department charges 
are designed to recover--at most--the full costs the Department expects 
the U.S. Government to incur over the period the Schedule will be in 
effect. The Department based all fees in the Schedule on projected 
Fiscal Year 2010 workloads.
    As a result of the CoSS's findings and the Department's analysis of 
these findings, the Department is hereby proposing adjustments to the 
Schedule of Fees. As noted above, adjustments to nonimmigrant visa 
fees, including those for BCCs, have been promulgated under a separate 
rule published December 14, 2009.
    The last broad set of amendments to the Schedule occurred in 2005, 
though the Department has made piecemeal amendments to it since that 
time. Some fees, including items 31(a) and (b) and 35(d), are set by 
the Department of Homeland Security and were most recently updated by 
that agency on July 30, 2007. Changes to the current Schedule of Fees 
are discussed below. All CoSS estimates discussed below are based on 
projected workload for Fiscal Year 2010, and fees have been rounded to 
make them easier to collect, especially when converting from foreign 
currencies, which are most often used when paying for fees at posts 
abroad. This proposed rule also makes a conforming amendment to 22 CFR 
51.51(d), which establishes the surcharge on the filing of each 
passport application in order to cover the costs of meeting the 
increased demand for passports as a result of actions taken to comply 
with section 7209(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004, Public Law 108-458, 118 Stat. 3638 (reproduced 
at 8 U.S.C. 1185 note).

Passport Book Application Services

    The Department is increasing the application fee for a passport 
book for an adult (age 17 and older) from $55 to $70. The application 
fee for a passport book for a minor (age 16 and younger) will remain at 
$40. The CoSS estimated that the cost of processing first-time passport 
applications for both adults and minors is $105.80 based on a projected 
FY10 workload of 11.9 million. This cost includes border security costs 
covered by the passport book security surcharge, discussed immediately 
below. Because a minor passport book has a validity of just five years, 
in contrast with the ten-year validity period of an adult passport 
book, the Department has decided to leave the minor passport book 
application fee at $40, and allocate the remainder of the cost of 
processing minor passport book applications to the adult passport 
application fee.
    As described in 22 CFR 51.51(d), this fee incorporates the costs of 
meeting the increased demand for passports as a result of actions taken 
to comply with section 7209(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004, Public Law 108-458 (reproduced at 8 U.S.C. 1185 
note). This portion of the application fee, which is embedded within 
the fee and not charged separately or separately itemized in the 
Schedule of Fees, has increased from $20 to $22 per application based 
on increased costs related to new passport agencies serving border 
communities.

Passport Book Security Surcharge

    The Department is increasing the passport book security surcharge 
from $20 to $40 in order to cover the costs of increased border 
security which includes, but is not limited to, enhanced biometric 
features in the document itself. The passport book security surcharge 
is the same for adult passport books and for minor passport books.

Additional Passport Visa Pages

    In the past, the Department provided extra pages in a customer's 
passport, to which foreign countries' visas may then be affixed, at no 
charge. The CoSS found that the cost of the pages themselves, of having 
the pages placed in the book in a secure manner by trained personnel, 
and of completing the required security checks results in a cost to the 
U.S. Government of $82.48 based on a projected FY10 workload of 
218,000. Therefore, the Department will charge $82 for this service.

Passport Card Application Services

    The CoSS projected that the cost of processing first-time 
applications for adult and minor passport cards will be $77.59 based on 
an FY 2010 workload projection of 1.56 million cards. Adjudication 
costs associated with a passport card are the same as those associated 
with a passport book. Nevertheless, the card is intended to be a 
substantially less expensive document than the passport book, for the 
convenience of citizens who live close to land borders and cross back 
and forth frequently. Therefore, the Department has decided to raise 
the adult passport card application fee from $20 to just

[[Page 6324]]

$30, and the minor passport card application fee from $10 to just $15.
    As described in 22 CFR 51.51(d), this application fee incorporates 
the costs of meeting the increased demand for passports as a result of 
actions taken to comply with section 7209(b) of the Intelligence Reform 
and Terrorism Prevention Act of 2004, Public Law 108-458 (reproduced at 
8 U.S.C. 1185 note). This portion of the fee, which is embedded within 
the fee and not charged separately or separately itemized in the 
Schedule of Fees, has increased from $20 to $22 for the adult passport 
card and from $10 to $15 for the minor passport card, and is based on 
increased costs related to new passport agencies serving border 
communities.

File Search and Verification of U.S. Citizenship

    When an applicant for a passport book or passport card does not 
present evidence of citizenship, the Department must search its files 
to attempt to discern his or her U.S. citizenship. The Department is 
raising the fee for this service from $60 to $150 based on the cost of 
providing the service, and notes that applicants can avoid paying this 
fee by providing adequate citizenship documentation when applying for a 
passport rather than to request a costly, time-intensive Department 
file search.

Application for Consular Report of Birth Abroad of a Citizen of the 
United States

    The CoSS found that the cost of accepting and processing an 
application for a Consular Report of Birth Abroad of a Citizen of the 
United States is $197.28 based on an FY10 workload projection of 80,000 
applications. The Department has decided to raise the fee from $65 to 
$100, still significantly less than cost, based on its view that too 
high a fee might deter U.S. citizen parents from properly documenting 
the citizenship of their children at birth, a development the 
Department feels would be detrimental to national interests.

Documentation for Renunciation of Citizenship

    The CoSS demonstrated that documenting a U.S. citizen's 
renunciation of citizenship is extremely costly, requiring American 
consular officers overseas to spend substantial amounts of time to 
accept, process, and adjudicate cases. A new fee of $450 will be 
established to help defray a small portion of the total cost to the 
U.S. Government of documenting the renunciation of citizenship.

Death and Estate Services

    The CoSS found that the average cost of assisting U.S. citizens in 
making arrangements for a deceased non-U.S. citizen family member 
abroad is $388.19 based on an FY 2010 workload projection of 50,000 
cases. The Department had previously charged a fee of $265 per hour, 
the then-applicable fee for consular time (discussed below), plus 
expenses. The Department has decided to set the new fee for death and 
estate services at significantly lower than costs--$200 plus expenses--
in order to assist bereaved families.

Immigrant Visa Application Processing Fee

    The Department is changing the fee for processing an immigrant visa 
from $355 for all immigrant visas, to a four-tiered fee based on CoSS 
estimates for each discrete category of immigrant visa, as applications 
for certain applications cost more to process than others. Accordingly, 
the application fee for a family-based (immediate relative and 
preference) visa (processed on the basis of an I-130, I-600 or I-800 
petition) will be $330.
    The application fee for an employment-based visa (processed on the 
basis of an I-140 petition) will be $720. Other immigrant visa 
applications (including for diversity visa applicants, I-360 self-
petitioners, special immigrant visa applicants and all others) will 
have a fee of $305. As noted above, certain qualifying Iraqi and Afghan 
special immigrant visa applicants are statutorily exempt from paying a 
processing fee. National Defense Authorization Act for Fiscal Year 
2008, Public Law 110-181, Div. A, Title XII, Sec.  1244(d) (reproduced 
at 11 U.S.C. 1157 note); Omnibus Appropriations Act, 2009, Public Law 
111-8, Div. F, Title VI, sec. 602(b)(4) (reproduced at 8 U.S.C. 1101 
note).

Immigrant Visa Security Surcharge

    The Department is increasing the immigrant visa security surcharge, 
which all applicants except those statutorily exempted must pay, from 
$45 to $74 to cover increased security costs as determined by the CoSS, 
including the costs of the enhanced security screening requirements 
associated with fingerprint collection which were previously included 
in the immigrant visa application processing fee.

Diversity Visa Lottery Fee for Immigrant Visa Application

    The Department is raising the fee paid by winners of the Diversity 
Visa lottery who apply for immigrant visas from $375 to $440 based on 
CoSS estimates for an FY 2010 workload projection of 81,000 
applications. The Department has authority to collect the surcharge 
only from persons who are selected through the lottery process and 
therefore qualify to apply for a Diversity Visa, and to set it at a 
level sufficient to cover the entire cost of running the lottery. 
Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, Div. 
C, Title VI, Sec.  636 (reproduced at 8 U.S.C. 1153 note).

Affidavit of Support Review

    The Department charges the affidavit of support review fee for all 
affidavits of support reviewed at the National Visa Center in 
connection with an application for an immigrant visa. The purpose of 
the review is to ensure that each affidavit is properly completed 
before the National Visa Center forwards it to a consular post for 
adjudication. The Department is increasing the fee from $70 to $88 to 
reflect the increase in the cost of providing this service to immigrant 
visa applicants.

Determining Returning Resident Status

    The CoSS found that determining the status of persons who claim to 
be legal permanent residents of the United States but do not have 
documentation to prove this fact, has become less costly than before 
due to advances in automation, making it easier to verify U.S. 
immigration status. As such, the Department will lower the fee from 
$400 to $380.

Providing Documentary Services

    The CoSS found the cost to the U.S. Government of providing 
documentary services overseas is $76.36 per service based on a 
projected FY 2010 workload of 380,000 services. These are primarily 
notarial services, certification of true copies, provision of 
documents, and authentications. However, the Department is raising 
these fees only from $30 to $50, lower than cost, in order to minimize 
the impact on the public.

Processing Letters Rogatory and Foreign Sovereign Immunities Act 
Judicial Assistance Cases

    The CoSS found that the cost to the U.S. Government of processing 
letters rogatory and Foreign Sovereign Immunities Act judicial 
assistance cases is $2,274.59 based on a projected FY 2010 workload of 
1400 services. The Department will accordingly raise the fee for these 
services to $2,275.

Taking Depositions or Executing Commissions To Take Testimony

    Several services fall under this heading, and fees for three of the

[[Page 6325]]

services will be raised as a result of the CoSS's estimates of costs to 
the U.S. Government. The new fees appear in the Schedule below.

Consular Time Charges

    The Department previously charged a consular time fee of $265 per 
hour, per employee. The CoSS estimated that consular time charges for 
services performed away from the office or outside business hours only 
costs $231 per hour, per employee. Therefore, the Department will lower 
this fee to $231 per hour.

When Will the Department of State Implement This Proposed Rule?

    The Department intends to implement this proposed rule, and 
initiate collection of the fees set forth herein, as soon as 
practicable following the expiration of the 30-day public comment 
period following this proposed rule's publication in the Federal 
Register, and after the Department has had the opportunity to fully 
consider any public comments received.

Regulatory Findings

Administrative Procedure Act

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

Regulatory Flexibility Act

    The Department, in accordance with the Regulatory Flexibility Act, 
5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies 
that the proposed rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities as defined in 
5 U.S.C. 601(6). This rule raises the application and processing fee 
for passports, immigrant visas and American citizen services. The 
Department of State estimates that the agency will process 16,000 total 
employment-based immigrant visa applications, all of which fall into 
the E-1, E-2, E-3, E-4, and E-5 categories. (Note: The Department of 
Homeland Security processes domestic adjustment of status for 
approximately 90 percent of all employment-based immigrants; cases 
processed domestically do not pay Department of State fees.) The 
issuance of some ``E'' category employment-based immigrant visas may be 
contingent upon approval by DHS of a petition filed by a United States 
company, and these companies pay a fee to DHS to cover the processing 
of the petition. The amount of the petition fees that are paid by small 
entities to DHS is not controlled by the amount of the visa fees paid 
by individuals to the Department of State. The visa itself is sought 
and the application processing fees are paid for by an individual 
foreign national overseas who seeks to immigrate to the United States. 
The Department of State does not track applications for employment-
based visas by the size and nature of the petitioning businesses, and 
therefore cannot identify the share of this impact on the small 
businesses versus large businesses. While some employers may choose to 
reimburse application costs, small businesses are not required by law 
to reimburse the individuals, and therefore no small businesses will be 
impacted. Additionally, small entities may pay judicial services fees 
if required for legal matters with foreign companies, but in very 
limited circumstances and small numbers. For instance, worldwide in FY 
2009, embassies and consulates arranged only 123 depositions and 
processed only 156 letters rogatory.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by State, local and 
Tribal governments, in the aggregate, or by the private sector, of $1 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995, 2 
U.S.C. 1501-1504.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department has determined that this rulemaking will not have 
Tribal implications, will not impose substantial direct compliance 
costs on Indian Tribal governments, and will not pre-empt Tribal law. 
Accordingly, the requirements of Section 5 of Executive Order 13175 do 
not apply to this rulemaking.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is a major rule as defined by section 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996, since it will 
result in an annual effect on the economy of $100 million or more. See 
5 U.S.C.804(2).

Executive Order 12866

    OMB considers this rule to be an economically significant 
regulatory action under Executive Order 12866, section 3(f)(1), 
Regulatory Planning and Review, Sept. 30, 1993 because it is likely to 
have an annual effect on the economy of $100 million or more. 58 FR 
51735. This rule is necessary in light of the Department of State's 
CoSS finding that the cost of processing passports and immigrant visas 
and of providing other consular services has generally increased since 
the fees were last set. The Department is setting the fees in 
accordance with 31 U.S.C. 9701 and other applicable authority, as 
described in more detail above. See, e.g., 31 U.S.C. 9701(b)(2)(A) 
(``The head of each agency [hellip] may prescribe regulations 
establishing the charge for a service or thing of value provided by the 
agency [hellip] based on [hellip] the costs to the Government.''). This 
regulation generally sets the fees for passports, immigrant visas and 
consular services at the amount required to recover the costs 
associated with providing this service.
    Accordingly, this rule has been submitted to OMB for review.
    Details of the proposed fee changes are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Consequent
                                                                                                                                          total increase
              Item                  Proposed fee         Current fee          Change in fee          Percent increase      FY09 workload      in fee
                                                                                                                                          sassuming FY09
                                                                                                                                             workloads
--------------------------------------------------------------------------------------------------------------------------------------------------------
2(a). Passport Book Application  $70...............  $55...............  $15....................  27%...................       9,207,088    $138,106,320
 Services for Applicants age 16
 or over (including renewals).
2(c). Additional passport visa   $82...............  $0................  $82....................  undefined.............         207,810     $17,040,420
 pages.
2(g). Passport Book Security     $40...............  $20...............  $20....................  100%..................      11,935,556    $238,711,120
 Surcharge.

[[Page 6326]]

 
6. File search and verification  $150..............  $60...............  $90....................  150%..................          11,192      $1,007,280
 of U.S. citizenship.
7. Application for Consular      $100..............  $65...............  $35....................  54%...................          58,198      $2,036,930
 Report of Birth Abroad of a
 Citizen of the United States.
8. Documentation of formal       $450..............  $0................  $450...................  undefined.............           1,188        $534,600
 renunciation of U.S.
 citizenship.
9(a). Passport Card Application  $30...............  $20...............  $10....................  50%...................       1,196,078     $11,960,780
 Services for Applicants age 16
 or over (including renewals).
9(b). Passport Card Application  $15...............  $10...............  $5.....................  50%...................         354,451      $1,772,255
 Services for Applicants under
 age 16.
14(b). Making arrangements for   $200 plus expenses  Consular time       -$65 per hour..........  -25% per hour.........             426       ($27,690)
 a deceased non-U.S. citizen                          (Item 75) plus
 family member.                                       expenses.
32(a). Immigrant visa            $330..............  $355..............  ($25)..................  -7%...................         478,116   ($11,952,900)
 application processing for
 immediate relative and family
 preference applications.
32(b). Immigrant visa            $720..............  $355..............  $365...................  103%..................          16,395      $5,984,175
 application processing for
 employment-based applications.
32(c). Immigrant visa            $305..............  $355..............  ($50)..................  -14%..................           5,121      ($256,050)
 application processing for
 other visa classes.
33. Diversity Visa Lottery fee.  $440..............  $375..............  $65....................  17%...................          55,368      $3,598,920
34. Affidavit of Support Review  $88...............  $70...............  $18....................  26%...................         311,038      $5,598,684
35(a). Determining Returning     $380..............  $400..............  ($20)..................  -5%...................           1,611       ($32,220)
 Resident Status.
36. Immigrant visa security      $74...............  $45...............  $29....................  64%...................         575,554     $16,691,066
 surcharge.
41(a). Providing notarial        $50...............  $30...............  $20....................  67%...................         128,818      $2,576,360
 service: First service.
41(b). Providing notarial        $50...............  $20...............  $30....................  150%..................          60,782      $1,823,460
 service: Each additional seal.
42(a). Certification of a true   $50...............  $30...............  $20....................  67%...................          15,611        $312,220
 copy or that no record of an
 official file can be located:
 First copy.
42(b). Certification of a true   $50...............  $20...............  $30....................  150%..................           3,099         $92,970
 copy or that no record of an
 official file can be located:
 Each additional copy.
43(a-f). Provision of            $50...............  $30...............  $20....................  67%...................          29,425        $588,500
 documents, certified copies of
 documents, and other
 certifications by the
 Department of State (domestic).
44. Authentications (44a-d)....  $50...............  $30...............  $20....................  67%...................          18,863        $377,260
51. Processing letters rogatory  $2,275............  $735..............  $1,540.................  210%..................             156        $240,240
 and Foreign Sovereign
 Immunities Act (FSIA) judicial
 assistance cases.
52(a). Scheduling/arranging      $1,283............  $475..............  $808...................  170%..................             123         $99,384
 appointments for depositions.
52(b). Attending or taking       $309 per hour plus  $265 per hour plus  $44 per hour...........  17%...................              38          $1,672
 depositions, or executing        expenses.           expenses.
 commissions to take testimony.
52(e). Providing seal and        $415..............  $70...............  $345...................  493%..................              16          $5,520
 certification of depositions.
75. Consular time charges......  $231..............  $265..............  ($34)..................  -13%..................              70        ($2,380)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Department of State does not anticipate that demand for 
passport, immigrant visa, and other services affected by this rule will 
change significantly due to these fee changes, and welcomes public 
comment on that expectation.
    With regard to immigrant visas, many categories are numerically 
capped; these caps artificially limit workload and keep current demand 
fairly stable. In FY 2009, the Department issued all available 
immigrant visas in employment-based categories (capped at 140,000 
including adjustments of status processed domestically by the

[[Page 6327]]

Department of Homeland Security). In FY 2009, the Department issued 96 
percent of the immigrant visas available under the Diversity Visa 
program (capped at 50,000 including adjustments of status processed 
domestically by the Department of Homeland Security). Also in FY 2009, 
the Department issued 96 percent of the immigrant visas available for 
family-preference categories (capped at 226,000 including adjustments 
of status processed domestically by the Department of Homeland 
Security). When fewer visas were issued than were available under the 
numerical cap, it was generally due to administrative processing issues 
rather than lack of demand. There are nearly 3.5 million applicants 
currently awaiting numerically controlled visas, sufficient to fill 
more than eight years' workload at the current annual caps. It is 
reasonable to expect that the immigrant visa workload for FY 2010 and 
FY 2011 will remain about the same as FY 2009. Please note that these 
estimates do not take into account variables that the Department cannot 
predict at this time, such as legislative changes.
    With regard to passports, the Department does not believe that 
passport application fees are a significant determining factor when 
Americans decide to travel internationally. The price of a passport 
book or card remains minor in comparison with other costs associated 
with foreign travel, given that taxes and surcharges alone on an 
international airfare can easily surpass $100. As a result, the 
Department does not believe passport demand will be significantly 
affected by increases of the size proposed. In addition, the Western 
Hemisphere Travel Initiative has now been fully implemented, and there 
is no new regulatory impetus for passport demand on the horizon.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, Federalism, Aug. 4, 1999, the Department has 
determined that this rule does not have sufficient federalism 
implications to require consultations or warrant the preparation of a 
federalism summary impact statement. 64 FR 43255.

Paperwork Reduction Act

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

List of Subjects in 22 CFR Parts 22 and 51

    Consular services, fees, passports and visas.
    Accordingly, for the reasons stated in the preamble, 22 CFR Part 22 
and Part 51 are proposed to be amended as follows:

PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF 
STATE AND FOREIGN SERVICE

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

    Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351, 1351 
note, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22 
U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 4206, 4215, 4219, 6551; 
31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632; Exec. Order 11,295, 
31 FR 10603.

    2. Revise Sec.  22.1 to read as follows:


Sec.  22.1  Schedule of fees.

    The following table sets forth the U.S. Department of State's 
Schedule of Fees for Consular Services:

                 Schedule of Fees for Consular Services
------------------------------------------------------------------------
              Item No.                               Fee
------------------------------------------------------------------------
                    PASSPORT AND CITIZENSHIP SERVICES
------------------------------------------------------------------------
1. Passport Book or Card Execution:  $25.
 Required for first-time applicants
 and others who must apply in
 person (Applicants applying for
 both the book and card
 simultaneously on the same
 application pay only one execution
 fee.).
2. Passport Book Application
 Services for:
    (a) Applicants age 16 or over    $70.
     (including renewals).
    (b) Applicants under age 16....  $40.
    (c) Additional passport visa     $82.
     pages.
    (d) Passport book replacement    NO FEE.
     for name change if submitted
     within one year of passport
     issuance.
    (e) Passport book replacement    NO FEE.
     for passport book limited in
     validity if submitted within
     one year of passport issuance.
     (Passport books limited in
     validity because of multiple
     losses, thefts, damage, or
     mutilations cannot be
     replaced.).
    (f) Passport book replacement    NO FEE.
     for data correction (name,
     date of birth, place of birth,
     sex printed erroneously) if
     submitted within one year of
     passport issuance.
    (g) Passport Book Security       $40.
     Surcharge (Enhanced Border
     Security Fee).
3. Expedited service: Passport       $60.
 processing within the expedited
 processing period published on the
 Department's Web site (see 22 CFR
 51.56(b)) and/or in-person service
 at a U.S. Passport Agency (not
 applicable abroad).
4. Exemptions: The following
 applicants are exempted from all
 passport fees listed in Item 2
 above:
    (a) Officers or employees of     NO FEE.
     the United States and their
     immediate family members (22
     U.S.C. 214) and Peace Corps
     Volunteers and Leaders (22
     U.S.C. 2504(h)) proceeding
     abroad or returning to the
     United States in the discharge
     of their official duties.
    (b) U.S. citizen seamen who      NO FEE.
     require a passport in
     connection with their duties
     aboard an American flag vessel
     (22 U.S.C. 214(a)).
    (c) Widows, children, parents,   NO FEE.
     or siblings of deceased
     members of the Armed Forces
     proceeding abroad to visit the
     graves of such members (22
     U.S.C. 214(a)).
    (d) Employees of the American    NO FEE.
     National Red Cross proceeding
     abroad as members of the Armed
     Forces of the United States 10
     U.S.C. 2602(c)).
5. Travel Letter: Provided in rare,  NO FEE unless consular time charges
 life-or-death situations as an       (Item 75) apply.
 emergency accommodation to a U.S.
 citizen returning to the United
 States when the consular officer
 is unable to issue a passport book.
6. File search and verification of   $150.
 U.S. citizenship: When applicant
 has not presented evidence of
 citizenship and previous records
 must be searched (except for an
 applicant abroad whose passport
 was stolen or lost abroad or when
 one of the exemptions is
 applicable).

[[Page 6328]]

 
7. Application for Consular Report   $100.
 of Birth Abroad of a Citizen of
 the United States.
8. Documentation of formal           $450.
 renunciation of U.S. citizenship.
9. Passport Card Application
 Services for:
    (a) Applicants age 16 or over    $30.
     (including renewals) [Adult
     Passport Card].
    (b) Applicants under age 16      $15.
     [Minor Passport Card].
    (c) Passport card replacement    NO FEE.
     for name change if submitted
     within one year of passport
     issuance.
    (d) Passport card replacement    NO FEE.
     for data correction (name,
     date of birth, place of birth,
     sex printed erroneously) if
     submitted within one year of
     passport issuance.
(Item 10 vacant.)
------------------------------------------------------------------------
                       OVERSEAS CITIZENS SERVICES
         ARRESTS, WELFARE AND WHEREABOUTS, AND RELATED SERVICES
------------------------------------------------------------------------
11. Arrest and prison visits.......  NO FEE.
12. Assistance regarding the         NO FEE.
 welfare and whereabouts of a U.S.
 Citizen, including child custody
 inquiries and processing of
 repatriation and emergency dietary
 assistance loans.
(Item 13 vacant.)
------------------------------------------------------------------------
                        DEATH AND ESTATE SERVICES
------------------------------------------------------------------------
14. Assistance to next-of-kin:
    (a) After the death of a U.S.    NO FEE.
     citizen abroad (providing
     assistance in disposition of
     remains, making arrangements
     for shipping remains, issuing
     Consular Mortuary Certificate,
     and providing up to 20
     original Consular Reports of
     Death).
    (b) Making arrangements for a    $200 plus expenses.
     deceased non-U.S. citizen
     family member (providing
     assistance in shipping or
     other disposition of remains
     of a non-U.S. Citizen).
15. Issuance of Consular Mortuary    $60.
 Certificate on behalf of a non-
 U.S. Citizen.
16. Acting as a provisional
 conservator of estates of U.S.
 Citizens:
    (a) Taking possession of         NO FEE.
     personal effects; making an
     inventory under an official
     seal (unless significant time
     and/or expenses incurred).
    (b) Overseeing the appraisal,    NO FEE.
     sale, and final disposition of
     the estate, including
     disbursing funds, forwarding
     securities, etc. (unless
     significant time and/or
     expenses incurred).
    (c) For services listed in Item  Consular time (Item 75) plus
     16(a) or (b) when significant    expenses.
     time and/or expenses are
     incurred.
(Items 17 through 20 vacant.)
------------------------------------------------------------------------
                       NONIMMIGRANT VISA SERVICES
------------------------------------------------------------------------
21. Nonimmigrant visa application
 and border crossing card
 processing fees (per person):
    (a) Non-petition-based           $140.
     nonimmigrant visa (except E
     category).
    (b) H, L, O, P, Q and R          $150.
     category nonimmigrant visa.
    (c) E category nonimmigrant      $390.
     visa.
    (d) K category nonimmigrant      $350.
     visa.
    (e) Border crossing card - 10-   $140.
     year validity (age 15 and
     over).
    (f) Border crossing card - 5-    $14.
     year validity (under age 15;
     for Mexican citizens if parent
     or guardian has or is applying
     for a border crossing card).
22. EXEMPTIONS from nonimmigrant
 visa application processing fee:
    (a) Applicants for A, G, C-3,    NO FEE.
     NATO and diplomatic visas as
     defined in 22 CFR 41.26.
    (b) Applicants for J visas       NO FEE.
     participating in official U.S.
     Government-sponsored
     educational and cultural
     exchanges.
    (c) Replacement Machine-         NO FEE.
     Readable Visa when the
     original visa was not properly
     affixed or needs to be
     reissued through no fault of
     the applicant.
    (d) Applicants exempted by       NO FEE.
     international agreement as
     determined by the Department,
     including members and staff of
     an observer mission to United
     Nations Headquarters
     recognized by the UN General
     Assembly, and their immediate
     families.
    (e) Applicants traveling to      NO FEE.
     provide charitable services as
     determined by the Department.
    (f) U.S. Government employees    NO FEE.
     traveling on official business.
    (g) A parent, sibling, spouse,   NO FEE.
     or child of a U.S. Government
     employee killed in the line of
     duty who is traveling to
     attend the employee's funeral
     and/or burial; or a parent,
     sibling, spouse, son, or
     daughter of a U.S. Government
     employee critically injured in
     the line of duty for
     visitation during emergency
     treatment and convalescence.
23. Nonimmigrant visa issuance fee,  RECIPROCAL.
 including border-crossing cards
 (Reciprocity Fee).
24. EXEMPTIONS from nonimmigrant
 visa issuance fee:
    (a) An official representative   NO FEE.
     of a foreign government or an
     international or regional
     organization of which the U.S.
     is a member; members and staff
     of an observer mission to
     United Nations Headquarters
     recognized by the UN General
     Assembly; and applicants for
     diplomatic visas as defined
     under Item 22(a); and their
     immediate families.
    (b) An applicant transiting to   NO FEE.
     and from the United Nations
     Headquarters.
    (c) An applicant participating   NO FEE.
     in a U.S. Government-sponsored
     program.
    (d) An applicant traveling to    NO FEE.
     provide charitable services as
     determined by the Department.
25. Fraud prevention and detection   $500.
 fee for visa applicant included in
 L blanket petition (principal
 applicant only).
(Items 26 through 30 vacant.)
------------------------------------------------------------------------
                   IMMIGRANT AND SPECIAL VISA SERVICES
------------------------------------------------------------------------
31. Filing immigrant visa petition
 (collected for USCIS and subject
 to change)

[[Page 6329]]

 
    (a) Petition to classify status  $355.
     of alien relative for issuance
     of immigrant visa.
    (b) Petition to classify orphan  $670.
     as an immediate relative.
32. Immigrant visa application
 processing fee (per person)
    (a) Immediate relative and       $330.
     family preference applications.
    (b) Employment-based             $720.
     applications.
    (c) Other immigrant visa         $305.
     applications (including
     Diversity Visa applicants, I-
     360 self-petitioners, special
     immigrant visa applicants).
    (e) Certain Iraqi and Afghan     NO FEE.
     special immigrant visa
     applications (per 8 U.S.C.
     1101 note; 11 U.S.C. 1157
     note).
33. Diversity Visa Lottery fee (per  $440.
 person applying as a result of the
 lottery program).
34. Affidavit of Support Review      $88.
 (only when reviewed domestically).
35. Special visa services:
    (a) Determining Returning        $380.
     Resident Status.
    (b) Transportation letter for    $165.
     Legal Permanent Residents of
     the United States.
    (c) Waiver of two-year           $215.
     residency requirement.
    (d) Waiver of immigrant visa     $545.
     ineligibility (collected for
     USCIS and subject to change).
    (e) Refugee or significant       NO FEE.
     public benefit parole case
     processing.
36. Immigrant visa security          $74.
 surcharge.
(Items 37 through 40 vacant.)
------------------------------------------------------------------------
                          DOCUMENTARY SERVICES
------------------------------------------------------------------------
41. Providing notarial service:
    (a) First service (seal).......  $50.
    (b) Each additional seal         $50.
     provided at the same time in
     connection with the same
     transaction.
42. Certification of a true copy or
 that no record of an official file
 can be located (by a post abroad):
    (a) First Copy.................  $50.
    (b) Each additional copy         $50.
     provided at the same time.
43. Provision of documents,
 certified copies of documents, and
 other certifications by the
 Department of State (domestic):
    (a) Documents relating to        $50.
     births, marriages, and deaths
     of U.S. citizens abroad
     originally issued by a U.S.
     embassy or consulate.
    (b) Issuance of Replacement      $50.
     Report of Birth Abroad.
    (c) Certified copies of          $50.
     documents relating to births
     and deaths within the former
     Canal Zone of Panama from
     records maintained by the
     Canal Zone Government from
     1904 to September 30, 1979.
    (d) Certifying a copy of a       $50.
     document or extract from an
     official passport record.
    (e) Certifying that no record    $50.
     of an official file can be
     located.
    (f) Each additional copy         $50.
     provided at same time.
44. Authentications (by posts
 abroad):
    (a) Authenticating a foreign     $50.
     notary or other foreign
     official seal or signature.
    (b) Authenticating a U.S.        $50.
     Federal, State, or territorial
     seal.
    (c) Certifying to the official   $50.
     status of an officer of the
     U.S. Department of State or of
     a foreign diplomatic or
     consular officer accredited to
     or recognized by the U.S.
     Government.
    (d) Each authentication........  $50.
45. Exemptions: Notarial,
 certification, and authentication
 fees (Items 41-44) or passport
 file search fees (Item 6) will not
 be charged when the service is
 performed:
    (a) At the direct request of     NO FEE.
     any Federal Government agency,
     any State or local government,
     the District of Columbia, or
     any of the territories or
     possessions of the United
     States (unless significant
     costs would be incurred).
    (b) With respect to documents    NO FEE.
     to be presented by claimants,
     beneficiaries, or their
     witnesses in connection with
     obtaining Federal, State, or
     municipal benefits.
    (c) For U.S. citizens outside    NO FEE.
     the United States preparing
     ballots for any public
     election in the United States
     or any of its territories.
    (d) At the direct request of a   NO FEE.
     foreign government or an
     international agency of which
     the United States is a member
     if the documents are for
     official noncommercial use.
    (e) At the direct request of a   NO FEE.
     foreign government official
     when appropriate or as a
     reciprocal courtesy.
    (f) At the request of direct-    NO FEE.
     hire U.S. Government
     personnel, Peace Corps
     volunteers, or their
     dependents stationed or
     traveling officially in a
     foreign country.
    (g) With respect to documents    NO FEE.
     whose production is ordered by
     a court of competent
     jurisdiction.
    (h) With respect to affidavits   NO FEE.
     of support for immigrant visa
     applications.
    (i) With respect to endorsing    NO FEE.
     U.S. Savings Bonds
     Certificates.
(Items 46 through 50 vacant.)
------------------------------------------------------------------------
                      JUDICIAL ASSISTANCE SERVICES
------------------------------------------------------------------------
51. Processing letters rogatory and  $2,275.
 Foreign Sovereign Immunities Act
 (FSIA) judicial assistance cases,
 including providing seal and
 certificate for return of letters
 rogatory executed by foreign
 officials.
52. Taking depositions or executing
 commissions to take testimony:
    (a) Scheduling/arranging         $1,283.
     appointments for depositions,
     including depositions by video
     teleconference (per daily
     appointment).
    (b) Attending or taking          $309 per hour plus expenses.
     depositions, or executing
     commissions to take testimony
     (per hour or part thereof).
    (c) Swearing in witnesses for    Consular time (Item 75) plus
     telephone depositions.           expenses.

[[Page 6330]]

 
    (d) Supervising telephone        Consular time (Item 75) plus
     depositions (per hour or part    expenses.
     thereof over the first hour).
    (e) Providing seal and           $415.
     certification of depositions.
53. Exemptions: Deposition or
 executing commissions to take
 testimony. Fees (Item 52) will not
 be charged when the service is
 performed:
    (a) At the direct request of     NO FEE.
     any Federal Government agency,
     any State or local government,
     the District of Columbia, or
     any of the territories or
     possessions of the United
     States (unless significant
     time required and/or expenses
     would be incurred).
    (b) Executing commissions to     NO FEE.
     take testimony in connection
     with foreign documents for use
     in criminal cases when the
     commission is accompanied by
     an order of Federal court on
     behalf of an indigent party.
(Items 54 through 60 vacant.)
------------------------------------------------------------------------
                 SERVICES RELATING TO VESSELS AND SEAMEN
------------------------------------------------------------------------
61. Shipping and Seaman's services:  Consular time (Item 75) plus
 Including but not limited to         expenses.
 recording a bill of sale of a
 vessel purchased abroad, renewal
 of a marine radio license, and
 issuance of certificate of
 American ownership.
(Items 62 through 70 vacant.)
------------------------------------------------------------------------
                         ADMINISTRATIVE SERVICES
------------------------------------------------------------------------
71. Non-emergency telephone calls..  $10 plus long distance charge.
72. Setting up and maintaining a     $30.
 trust account: For 1 year or less
 to transfer funds to or for the
 benefit of a U.S. citizen in need
 in a foreign country.
73. Transportation charges incurred  Expenses incurred.
 in the performance of fee and no-
 fee services when appropriate and
 necessary.
74. Return check processing fee....  $25.
75. Consular time charges: As        $231.
 required by this Schedule and for
 fee services performed away from
 the office or during after-duty
 hours (per hour or part thereof/
 per consular employee).
76. Photocopies (per page).........  $1.
(Items 77 through 80 vacant.)
------------------------------------------------------------------------

PART 51--PASSPORTS

    3. In Sec.  51.51, revise paragraph (d) to read as follows:


Sec.  51.51  Passport fees

* * * * *
    (d) A surcharge in the amount of twenty-two dollars ($22) on the 
filing of each application for a passport book, in the amount of 
twenty-two dollars ($22) on the filing of each application for a 
passport card for an applicant age 16 or over, and in the amount of 
fifteen dollars ($15) on the filing of each application for a passport 
card for an applicant under age 16, in order to cover the costs of 
meeting the increased demand for passports as a result of actions taken 
to comply with section 7209(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004, Public Law 108-458 (8 U.S.C. 1185 note). The 
surcharge will be recovered by the Department of State from within the 
passport application fee reflected in the Schedule of Fees for Consular 
Services.
* * * * *

    Dated: February 3, 2010.
Patrick Kennedy,
Under Secretary of State for Management, Department of State.
[FR Doc. 2010-2816 Filed 2-8-10; 8:45 am]
BILLING CODE 4710-06-P


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