Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 31617 

DEPARTMENT OF STATE 

22 CFR Part 22 

[Public Notice: 11442] 

RIN 1400–AE12 

Schedule of Fees for Consular 

Services—Documentary Services Fee 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule adopts as final the 

Notice of Proposed Rulemaking 

published in the Federal Register on 

October 16, 2020. This final rule adjusts 

the Schedule of Fees for Consular 

Services (Schedule of Fees) by 

incorporating the fee for authentication 

of a document in the United States into 

the Schedule of Fees and increasing it 

from $8 to $20. 

DATES: This final rule is effective on July 

15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Robert Schlicht, Management Analyst, 

Office of the Comptroller, Bureau of 

Consular Affairs, Department of State; 

phone: 202–485–8915, telefax: 202– 

485–6826; email: fees@state.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule adjusts the Schedule of 

Fees for Consular Services (Schedule of 

Fees) by incorporating the fee for 

authentication of a document in the 

United States into the Schedule of Fees 

and increasing it from $8 to $20. The 

Department of State (Department) 

published a Notice of Proposed 

Rulemaking (NPRM) on October 16, 

2020 (85 FR 65750), with 60 days 

provided for public comment. This rule 

addresses the relevant comments. 

Justification for this rulemaking and fee 

change, including relevant authorities 

and information on the study used to 

calculate this fee, can be found in the 

NPRM. 

Analysis of Comments 

The proposed rule was published for 

comments on October 16, 2020, 85 FR 

65750. The comment period closed 

December 15, 2020. The Department 

received four comments, all of which 

are addressed below. 

Two commenters suggested that the 

Department should consider the impact 

of the fee increase on the public and 

private sectors. While the Department is 

sympathetic to the impact the fee 

increase may have on those who seek 

this service, the Department generally 

sets consular fees at an amount 

calculated to achieve full cost recovery 

for the U.S. Government of providing 

the consular service consistent with 31 

U.S.C. 9701 and guidance from the 

Office of Management and Budget 

(OMB). As set forth in OMB Circular A– 

25, as a general policy, each recipient 

should pay a 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 of 

providing the service, resource, or good. 

See OMB Circular No. A–25, sec. 

6(a)(2)(a). The fee for the authentication 

of a document is set based on the cost 

of the service and charged only to 

individual applicants requesting the 

service. 

One commenter suggested that the 

Department should set the fee at the 

calculated unit cost of $18.83, rather 

than round the fee to $20. It has been 

the Department’s policy, as set forth in 

prior rulemakings, that consular fees 

should be rounded to the nearest $5. 

This policy makes it easier to collect 

consular fees at domestic facilities, and 

allows for easier currency exchange at 

embassies and consulates around the 

world. A review of other agencies that 

calculate and set user fees found that 

rounding unit costs to set fees is a 

standard best practice. 

One commenter also suggested that 

the Department should take steps to 

automate processes to reduce costs. The 

Department of State’s Bureau of 

Consular Affairs strives to optimize 

business functions to increase efficiency 

and effectively manage financial and 

capital resources funded by consular 

fees. In an effort to improve business 

practices, the Department documents 

standard operating procedures and 

provides regular training to ensure the 

processes are followed. Additionally, 

the Department provides regular 

oversight of the document 

authentication process to protect the 

integrity of the process and promote 

standardization and efficiency. 

Although steps are taken to improve 

processing and efficiency, automating 

the entire authentication process is not 

possible at this time. Documents can 

only be properly authenticated by 

specially trained adjudicators that work 

in the Office of Authentications. As 

explained in the proposed rule, the 

current fee does not currently recover 

the costs of providing the service. The 

Cost of Service Model results have 

consistently established that the 

Department should charge a higher fee 

for this service to ensure full cost 

recovery. 

One commenter suggested that the 

Cost of Service Model would benefit 

from an external audit to bolster 

confidence in the model’s results. The 

Department follows guidance provided 

in ‘‘Managerial Cost Accounting 

Concepts and Standards for the Federal 

Government,’’ OMB’s Statement #4 of 

Federal Accounting Standards (SFFAS 

#4), and uses Activity Based Costing to 

calculate unit costs and set fees, which 

are industry standards and best 

practices for setting user fees. The 

model is updated annually, and the 

Department has meticulous processes in 

place to validate data and model results 

during each model update. Over time, 

the model has been evaluated by 

auditors, including the Office of 

Inspector General for the Department 

and the U.S. Government 

Accountability Office, and the 

Department incorporated feedback from 

those findings and continues to improve 

methodology to best capture the full 

cost to the U.S. government of providing 

consular services. 

One commenter suggested that the 

proposed fee for an authentication of a 

document in the United States is too 

low because it does not include the 

compensation and benefits costs for 

Foreign Service Officers. The 

commenter also suggested that non-U.S. 

citizens should cover the cost of these 

services because U.S. citizens do not 

benefit from this service and therefore 

taxpayers should not be burdened with 

the costs. The cost basis and 

justification for this fee are explained 

in-depth in the proposed rule—only the 

costs related to providing the service, 

including compensation and benefits for 

domestic full-time civil service 

employees that do this work, are 

included in the calculated unit cost. 

Because Foreign Service Officers do not 

provide this service when it is 

performed domestically, their 

compensation and benefit costs are not 

included in the fee. The Cost of Service 

Model, however, has calculated the full 

cost of providing this service, and the 

fee is set to recover these costs. As noted 

above, the fee applies only to 

individuals seeking the authentications 

service domestically. 

Finally, one commenter emphasized 

the importance of a sufficient 

explanation for a cost-basis for the fee 

and concluded that the Department had 

provided such explanation. 

Conclusion 

The Department will adjust the fee for 

authentication of a document in the 


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31618 Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 

United States in light of the Cost of 

Service Model’s findings that the U.S. 

government is not recovering fully its 

costs for providing the service. 

Consistent with OMB guidance, the 

Department endeavors to recover 

through user fees the cost of providing 

services that benefit specific 

individuals, as opposed to the general 

public. See OMB Circular A–25, sec. 

6(a)(1), (a)(2)(a). For this reason, the 

Department will adjust the Schedule of 

Fees. 

Regulatory Findings 

Administrative Procedure Act 

The Department published this 

rulemaking as a proposed rule, and 

provided 60 days for public comment. It 

will be effective 30 days after 

publication, in accordance with 5 U.S.C. 

553(d). 

Regulatory Flexibility Act 

The Department has reviewed this 

rule and, by approving it, certifies that 

it 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 Act of 1995 

This rule is not expected to 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, 2 U.S.C. 1501–1504. 

Congressional Review Act 

This rule is not a major rule as 

defined by 5 U.S.C. 804(2). 

Executive Orders 12866 and 13563 

The Department has reviewed this 

rule to ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Orders. This rule 

has been submitted to OMB for review. 

This rule is necessary in light of the 

need to incorporate the domestic 

authentications fee into the Schedule of 

Fees for Consular Services and the 

Department of State’s Cost of Service 

Model finding that the cost of 

authenticating a document in the United 

States is higher than the current fee. The 

Department is setting the fee in 

accordance with 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.’’). This rule sets the fee 

for domestic authentications at the 

amount required to recover the full costs 

associated with providing this service. 

Executive Order 12372 and 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 require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

federal programs and activities do not 

apply to this regulation. 

Executive Order 13175 

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 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rulemaking relates to an 

information collection request for the 

DS–4194, Request for Authentications 

Service, which is being processed 

separately. 

List of Subjects in 22 CFR Part 22 

Consular services, Fees. 

Accordingly, for the reasons stated in 

the preamble, 22 CFR part 22 is 

amended as follows: 

PART 22—SCHEDULE OF FEES FOR 

CONSULAR SERVICES— 

DEPARTMENT OF STATE AND 

FOREIGN SERVICE 

■ 1. The authority citation for part 22 

reads as follows: 

Authority: 8 U.S.C. 1101 note, 1153 note, 

1157 note, 1183a note, 1184(c)(12), 1201(c), 

1351, 1351 note, 1713, 1714, 1714 note; 10 

U.S.C. 2602(c); 22 U.S.C. 214, 214 note, 

1475e, 2504(h), 2651a, 4206, 4215, 4219, 

6551; 31 U.S.C. 9701; Exec. Order 10,718, 22 

FR 4632 (1957); Exec. Order 11,295, 31 FR 

10603 (1966). 

■ 2. In § 22.1, amend the table by adding 

entry 46 under the heading 

‘‘Documentary Services’’ to read as 

follows: 

§ 22.1 Schedule of fees. 

* * * * * 

SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee 

*******

Documentary Services 

*******

46. Authentications (by the Office of Authentications domestically): ........

(a) Each basic authentication service ............................................................................................................................................................................................ $20 

(Items 47–50 vacant.) ........................................................................................................................................................................................................................... ........

*******

Ian Brownlee, 

Acting Assistant Secretary for Consular 

Affairs, Department of State. 

[FR Doc. 2021–12437 Filed 6–14–21; 8:45 am] 

BILLING CODE 4710–06–P 


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