[Federal Register: March 16, 2000 (Volume 65, Number 52)]
[Rules and Regulations]
[Page 14211-14212]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr00-4]
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DEPARTMENT OF STATE
22 CFR Parts 22, 23 and 51
[Public Notice 3254]
Schedule of Fees for Consular Services; Finance and Accounting;
and Passports and Visas
AGENCY: Bureau of Consular Affairs, State Department.
ACTION: Direct final rule.
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SUMMARY: This direct final rule replaces the existing fee charged for
each passport issued, that is refunded when a passport is not issued,
with a non-refundable fee charged for each application filed for a
passport. Accordingly, the Department of State will refund the passport
application fee only when the fee has been collected in error. The
Department will not refund the fee paid for a passport application
when, after processing, it is determined that the applicant will not be
issued a passport. Nor will the Department refund a passport
application fee to the executor or administrator of the estate of the
deceased bearer of an unused passport, or refund a passport application
fee to any person issued a passport who has been refused a visa by a
foreign government. The rule provides, however, that a person, whose
passport application is denied, may have the application reconsidered
without being required to pay an additional application fee by
submitting adequate documentation that overcomes the reason for denial
within 90 days from the date of the denial notice.
DATES: This rule is effective May 15, 2000 without further action,
unless adverse comment is received by April 17, 2000. If adverse
comment is received and is well-taken, the Department of State will
publish a timely withdrawal of the rule in the Federal Register, and it
will not take effect.
ADDRESSES: Written comments should be addressed to: Chief, Legal
Division, Office of Passport Policy, Planning and Advisory Services,
1111 19th Street, N.W., Suite 260, Washington, D.C. 20524.
FOR FURTHER INFORMATION CONTACT: Sharon Palmer-Royston, Office of
Passport Policy, Planning and Advisory Services, Bureau of Consular
Affairs, Department of State (202) 955-0231; telefax (202) 955-0230.
SUPPLEMENTARY INFORMATION:
Background
Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214)
previously provided for payment into the Treasury of a fee, prescribed
by the Secretary of State by regulation, for ``each passport issued'',
and a fee for executing ``each application for a passport''. Congress
enacted Section 233 of Pub.L. 106-113, November 29, 1999, which amended
Section 1 of the Passport Act by striking those provisions and
inserting in their place the requirement for payment of a fee for ``the
filing of each application for a passport (including the cost of
passport issuance and use)'' and a fee for executing ``each such
application'' for a passport. Section 233 further provides that ``such
fees shall not be refundable, except as the Secretary may by regulation
prescribe''. Section 233 also repealed Section 4 of the Passport Act of
1920 (22 U.S.C. 216), which authorized the refund of the fees paid by
the person to whom a passport was issued, whenever the appropriate
officer within the United States of any foreign country refuses to
issue a visa in a passport issued by the United States, upon request in
writing and return of an unused passport within six months from the
date of issue.
This direct final rule implements Section 233 of Pub.L. 106-113 by
amending the existing Schedule of Fees for Consular Services in the
list of Passport and Citizenship Services under 22 CFR 22.1, to change
``issuance'' to ``application'', and amends 22 CFR 22.6 by deleting the
provision for the refund of the passport fee pursuant to 22 U.S.C. 216.
This rule also amends the regulations governing passport fees in 22 CFR
51.61(a), by changing the ``fee for each passport issued'' to a ``fee
for each passport application filed'', and amends 22 CFR 51.63 by
changing ``passport fee'' to ``passport application fee'' and by
deleting paragraphs (b), (c) and (d).
The effect of this rule is that the Department of State will not
refund the fee paid for a passport application when the Department
determines, after processing, that a passport may not be issued
pursuant to the regulations governing passports. Nor will the
Department refund a passport application fee to any person who, after a
passport has been issued to them, has been refused a visa by a foreign
government. Further, the Department will not refund a passport
application fee to the executor or administrator of the estate of the
deceased bearer of an unused passport. A refund will not be made in
those cases, because the application for a passport will have been
processed in accordance with the fee paid for the application.
However, the Department recognizes that there are cases where an
application for issuance of a passport will be denied on the sole
ground of inadequate documentation or for a reason that can be cured by
the provision of further documentation. In those cases, a new
application fee should not be required when the applicant provides
acceptable documentation in a timely manner so that a passport is
issued. A person whose application for a passport has been denied,
moreover, is informed in writing of the specific reason(s) for the
denial, as provided by regulation. Therefore, this rule also provides
that a person, whose passport application has been denied, may have the
denied application reconsidered without payment of an additional
passport
[[Page 14212]]
application fee by submitting adequate documentation within 90 days
from the date of the notice of denial. The term ``adequate
documentation'' includes evidence that the applicant is in the process
of obtaining the necessary documents, which may have been missing or
lost and may require considerable time to obtain or replace. The denial
becomes final, however, if adequate documentation is not submitted
before the elapse of 90 days after the date of the denial notice. The
Department's passport regulations do not preclude a person, whose
passport application has been denied, from subsequently submitting a
new passport application with payment of a new application fee.
This rule does not affect the fee for executing an application for
a passport, which cannot be refunded pursuant to the existing
regulation in 22 CFR 51.65. Therefore, the Department will refund the
passport application fee and the fee for executing an application for a
passport only in cases when the fee was collected in error from persons
exempted from payment by law, or the fee collected was in excess of the
prescribed fee, as is currently provided by regulation.
This rule is effective May 15, 2000. If adverse comment is received
and is well-taken, the Department of State will publish a timely
withdrawal of the rule in the Federal Register. If an adverse comment
applies to an amendment, paragraph, or section of this rule and that
provision may be addressed separately from the remainder of the rule,
the Department may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
The Department does not consider this rule to be a major rule for
purposes of E.O. 12291. These changes to the regulations are hereby
certified as not expected to have a significant impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act, 5 U.S.C. 605(b). This rule does not impose information
collection requirements under the provisions of the Paperwork Reduction
Act, 44 U.S.C., Chapter 35. Nor does the rule have federalism
implications warranting the application of Executive Order No. 12372
and No. 13132. This rule is exempt from E.O. 12866, but the Department
has reviewed the rule to ensure consistency with the objectives of the
Executive Order, as well as with E.O. 12988, and the Office of
Management and Budget has determined this rule would not constitute a
significant regulatory action under E.O. 12866.
List of Subjects
22 CFR Part 22
Foreign Service, Fees, Passports and visas.
22 CFR Part 23
Foreign Service.
22 CFR Part 51
Administrative practice and procedure, Drug traffic control,
Passports and visas.
Accordingly, this rule amends 22 CFR Chapter I 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; 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 amended by revising the introductory text of
paragraphs (b) and (c) at item 1. to read as follows:
Sec. 22.1 Schedule of fees.
Item No. Fee
Passport and Citizenship Services
1. Passport Services:
* * * * *
(b) First-time application:
* * * * *
(c) Subsequent application (renewal):
* * * * *
3. Section 22.6 is amended by revising the word ``refunded'' to
read ``refund'' both times it appears in paragraph (a)(3) and by
revising paragraph (a)(1) to read as follows:
Sec. 22.6 Refund of fees.
(a) * * *
(1) As specifically authorized by law (See 22 U.S.C. 214a
concerning passport fees erroneously charged persons excused from
payment and 46 U.S.C. 8 concerning fees improperly imposed on vessels
and seamen);
* * * * *
PART 23--[AMENDED]
1. The authority citation for Part 23 is revised to read as
follows:
Authority: 22 U.S.C. 2651a.
2. Section 23.3 is amended by revising paragraph (a) to read as
follows:
Sec. 23.3 Refunds.
(a) Rectifications and readjustments. See Sec. 22.6 of this chapter
for outline of circumstances under which fees which have been collected
for deposit in the Treasury may be refunded.
* * * * *
PART 51--[AMENDED]
1. The authority citation for Part 51 is revised to read as
follows:
Authority: 22 U.S.C. 211a; 22 U.S.C. 2651a, 2671(d)(3), 2714 and
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p 570;
sec. 129, Pub. L. 102-138, 105 Stat. 661; 8 U.S.C. 1504.
2. Section 51.61 is amended by revising paragraph (a) to read as
follows:
Sec. 51.61 Passport fees.
* * * * *
(a) A fee for each passport application filed, which fee shall vary
depending on whether the passport applicant is a first-time applicant
or a renewal applicant and 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. However, an applicant's
denied application for a passport may be reconsidered without the
payment of an additional passport application fee by the submission of
adequate documentation within 90 days after the date of a notice of
denial.
* * * * *
3. Section 51.63 is amended by removing paragraphs (b) through (d),
by redesignating paragraphs (e) and (f) as paragraphs (b) and (c),
respectively, and by revising the introductory text to read as follows:
Sec. 51.63 Refunds.
A collected passport application fee shall be refunded:
* * * * *
Dated: February 23, 2000.
Bonnie R. Cohen,
Under Secretary for Management, Department of State.
[FR Doc. 00-6409 Filed 3-15-00; 8:45 am]