Schedule of Fees for Consular Services-Passport Security Surcharge, 16149-16153 [2021-06263]
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 11379]
RIN 1400–AE15
Schedule of Fees for Consular
Services—Passport Security
Surcharge
Department of State.
Proposed rule.
AGENCY:
ACTION:
The Department of State
proposes an adjustment to the Schedule
of Fees for Consular Services (Schedule
of Fees) of the Bureau of Consular
Affairs (CA) based on the findings of the
most recently approved update to the
Cost of Service Model (CoSM). The
CoSM is updated annually using a
combination of costs, predicted
workload, and level of effort data. The
proposed adjustment will result in a
more accurate alignment of the fees for
consular services to the costs of
providing those services. The notice
proposes an increased amount for the
passport security surcharge, from $60 to
$80, which the Department will retain.
DATES: The Department of State will
accept comments until May 25, 2021.
ADDRESSES: Interested parties may
submit comments to the Department by
any of the following methods:
• Visit the Regulations.gov website at:
https://www.regulations.gov and search
for the Regulatory Information Number
(RIN) 1400–AE15 or docket number
DOS–2021–0006.
• Email: fees@state.gov. You must
include the RIN (1400–AE15) in the
subject line of your message.
• All comments should include the
commenter’s name, the organization the
commenter represents (if applicable),
and the commenter’s address. If the
Department is unable to read your
comment for any reason, and cannot
contact you for clarification, the
Department may not be able to consider
your comment. After the conclusion of
the comment period, the Department
will publish a final rule that will
address relevant comments as
expeditiously as possible.
During the comment period, the
public may request an appointment to
review Cost of Service Model (CoSM)
data on site if certain conditions are
met. To request an appointment, please
call 202–485–8915 and leave a message
with your contact information.
FOR FURTHER INFORMATION CONTACT: Rob
Schlicht, Management Analyst, Office of
the Comptroller, Bureau of Consular
Affairs, Department of State; phone:
202–485–8915, email: fees@state.gov.
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SUMMARY:
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Background
The proposed rule makes changes to
the Schedule of Fees in 22 CFR 22.1 by
increasing the passport security
surcharge fee from $60 to $80. The
Department generally sets and collects
fees for consular services based on the
concept of full cost recovery to the U.S.
government. The Department uses an
Activity-Based Costing (ABC)
methodology to calculate annually the
cost of providing consular services. The
fees are based on these cost estimates
and the Department aims to update the
Schedule of Fees biennially, unless a
significant change in costs warrants an
immediate recommendation to change
the fees. The Department proposes this
fee change based on the results of the
most recently approved update to the
CoSM, which reflect increases in
security-related costs for processing
passports attributed to the Passport
Security Surcharge. Increases in
security-related costs are largely due to
increased compensation costs for
passport adjudicators and enhanced
printing technology costs for the Next
Generation (NextGen) passport book.
The Department therefore proposes an
increase to this surcharge to fully
recover these costs.
What is the authority for this action?
The Department of State derives the
general authority to set and charge fees
for consular services it provides 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.
Several statutes address specific fees
relating to passports. For instance, 22
U.S.C. 214 authorizes the Secretary of
State to set the passport application fee
by regulation. In addition, another
statute authorizes the Department to
collect and retain a surcharge on
passports to help pay for efforts to
support enhanced border security. See 8
U.S.C. 1714. Although the passport
security surcharge was originally frozen
statutorily at $12, subsequent legislation
authorized the Department to amend
this surcharge administratively,
provided, among other things, that the
resulting surcharge is ‘‘reasonably
related to the costs of providing services
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16149
in connection with the activity or item
for which the surcharges are charged.’’
Public Law 109–472, section 6, 120 Stat.
3555, reproduced at 8 U.S.C. 1714
(note).
Certain people are exempted by law
or regulation from paying specific fees.
These are noted in the Schedule of Fees.
For example, officers or employees of
the U.S. Government proceeding abroad
in the discharge of official duties are
exempt from passport fees, including
the passport security surcharge. See 22
U.S.C. 214(a); 22 CFR 22.1; 22 CFR
51.52(b).
Although the funds collected for some
consular fees must be deposited into the
general fund of the Treasury pursuant to
31 U.S.C. 3302(b), various statutes
permit the Department to retain most of
the fee revenue it collects. The
Department retains the passport security
surcharge collections (see 8 U.S.C.
1714).
The Department last changed fees for
passport and citizenship services,
including the passport security
surcharge, in an interim final rule dated
September 8, 2015. See Department of
State Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates, 22
CFR part 22 (80 FR 53704). Those
changes to the Schedule went into effect
September 26, 2015 per a correction to
the effective date published as 80 FR
55242. A final rule regarding those fees
was published on January 31, 2018 (83
FR 4423).
Why is the Department adjusting fees at
this time?
The Department generally sets
consular fees at an amount calculated to
achieve full 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 Office of
Management and Budget (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 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 OMB Circular No. A–25,
sections 4(a), 6(a)(1).
The Department reviews consular fees
periodically, including through the
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annual update to its Cost of Service
Model, to determine each fee’s
appropriateness in light of the OMB
guidance. The Department proposes to
make the changes set forth below in the
Schedule of Fees accordingly. The
CoSM is an activity-based costing model
that determines the current direct and
indirect cost to the U.S. Government
associated with each consular good and
service the Department provides. The
current model update relied on FY 2019
actual costs, as well as predicted
workload and level of effort data for FYs
2020–2022, to provide unit cost
estimates. The update’s results formed
the basis of the changes proposed to the
Schedule. Fees have been rounded up to
the nearest $5 to make them easier to
collect.
Activity-Based Costing
To set fees in accordance with the
general user charges principles set forth
in 31 U.S.C. 9701, the Department must
determine the true cost to the U.S.
Government of providing each consular
service. Following guidance provided in
‘‘Managerial Cost Accounting Concepts
and Standards for the Federal
Government,’’ OMB’s Statement #4 of
Federal Accounting Standards (SFFAS
#4), available at https://www.fasab.gov/
pdffiles/sffas-4.pdf, the Department
chose to develop and use an ActivityBased Costing (‘‘ABC’’) model to
determine the true cost of each consular
service.
The Government Accountability
Office (GAO) defines ABC as a ‘‘set of
accounting methods used to identify
and describe costs and required
resources for activities within
processes.’’ Organizations can use the
same staff and resources (computer
equipment, production facilities, etc.) to
produce multiple products or services;
therefore, ABC models seek to identify
and assign costs to processes and
activities and then to individual
products and services through the
identification of key cost drivers
referred to as ‘‘resource drivers’’ and
‘‘activity drivers.’’ The goal is to
proportionally and accurately distribute
costs. ABC models require financial and
accounting analysis and modeling skills
combined with a detailed understanding
of an organization’s business processes.
SFFAS Statement #4 provides a detailed
discussion of the use of cost accounting
by the U.S. Government.
The ABC approach focuses on the
activities required to produce a
particular service or product and uses
resource drivers to assign costs through
activities to services. Resource drivers
assign the organization’s costs
(resources including materials, supplies
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and labor utilized in the production or
delivery of services and products) to
activities using business rules that
reflect the operational reality of CA and
the data available from consular
systems, surveys, and internal records.
Most resource drivers are based on time
spent on each activity. Activity drivers
differentiate levels of effort associated
with activities (the work performed by
the organization such as adjudication,
printing of books and performing data
intake, etc.) that are applied to each cost
object and are often volume-driven.
Example: Imagine a Government
agency that has a single facility it uses
to prepare and issue a single product—
a driver’s license. In this simple
scenario, every cost associated with that
facility (the salaries of employees, the
electricity to power the computer
terminals, the cost of a blank driver’s
license, etc.) can be attributed directly
to the cost of producing that single item.
If that agency wants to ensure that it is
charging a ‘‘self-sustaining’’ price for
driver’s licenses, it only has to divide its
total costs for a given time period by an
estimate of the number of driver’s
licenses to be produced during that
same time period. However, if that
agency issues multiple products
(driver’s licenses, non-driver ID cards,
etc.), has employees that work on other
activities besides licenses (for example,
accepting payment for traffic tickets),
and operates out of multiple facilities it
shares with other agencies, it becomes
much more complex for the agency to
determine exactly how much it costs to
produce any single product. In those
instances, the agency would need to
know what percent of time its
employees spend on each service and
how much of its overhead (rent,
utilities, facilities maintenance, etc.) can
be allocated to the delivery of each
service to determine the cost of
producing each of its various products—
the driver’s license, the non-driver ID
card, etc. Using an ABC model allows
the agency to develop those cost
estimates.
The Cost of Service Model
The Department has been conducting
periodic cost of service studies using
ABC methods to determine the costs of
its consular services since 2009. In
2010, the Department moved to adopt
an annually updated CoSM that
measures all of its consular operations
and costs, including all of the activities
needed to provide consular services.
The CoSM now includes approximately
112 distinct activities and enables the
Department to model its consularrelated costs with a higher degree of
precision.
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The Department uses three methods
outlined in SFFAS Statement #4
(paragraph 149(2)) to assign resource
costs to activities: (a) Direct tracing; (b)
estimation based on surveys, interviews,
or statistical sampling; and (c)
allocations. The Department uses direct
tracing to assign the cost of, for
example, a physical passport book.
Assigning costs to activities such as
adjudicating a passport application
requires estimation based on surveys,
interviews, or statistical sampling to
determine who performs an activity and
how long it takes. Indirect costs
(overhead) are allocated according to the
level of effort needed for a particular
activity. Level of effort captures the time
spent on an activity in minutes, hours,
or number of full-time equivalent (FTE)
employees, as measured in our overseas
time surveys and domestic task reports.
Where possible, the model uses
overhead cost pools to assign indirect
costs only to related activities. For
instance, the cost of rent for domestic
passport agencies is assigned only to
passport costs, not to visas or other
services the Department provides
overseas.
To assign labor costs, the Department
relies on a variety of industry-standard
estimation methodologies. To document
how consular staff divide their time
overseas, the Department conducts
surveys at a representative sample of
consular sections overseas each year.
The Department uses survey data in
conjunction with volume data from over
200 individual consular sections in
consulates and embassies worldwide to
develop resource drivers to assign labor
costs to activities. For consular activities
that take place in the United States, the
Department collects volume and level of
effort data from various periodic
workload reports such as the Passport
Management Information System (MIS)
and the Agency Task Report (ATR). Cost
information is gathered from reports in
the Department’s Global Financial
Management System managed by the
Bureau of the Comptroller and Global
Financial Services (CGFS). The
Department converts the cost and
workload data into resource drivers and
activity drivers for each resource and
activity.
The Cost of Service Model uses actual
costs, coupled with projected
workloads, which are based on demand
projections produced by the Bureau of
Consular Affairs (CA). Actual cost and
volume data is used in the model to
inform projected costs and volumes.
The model also uses three years of
projected volume data to calculate unit
costs.
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The Department includes every line
item of costs in the CoSM, including
items such as physical material for
making passports, salaries, rent,
supplies, and IT hardware and software.
The Department then determines a
resource driver for each of these costs
and enters the resource drivers and
assignments into the model. The
Department then selects an activity
driver, such as the volume data
discussed above, for each activity, in
order to assign these costs to each
service type. This process allows the
model to calculate a total cost for each
of the line items in the Schedule of
Fees. The model then divides this total
cost by the predicted volume of the
service or product in question in order
to determine a final unit cost for the
service or product. The Department
continues to refine and improve the
CoSM annually in order to achieve full
cost recovery for the U.S. Government.
Because the CoSM is a complex series
of iterative processes incorporating
more than a million calculations, it is
not reducible to a tangible form such as
a document. Inputs are formatted in
spreadsheets for entry into the ABC
software package, which is an industry
standard commercial off-the-shelf
product licensed through SAP Business
Objects. The software’s output includes
spreadsheets with raw unit costs,
validation reports, and management
reports.
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Proposed Passport Fee Changes
Passport Security Surcharge
The Department proposes an increase
to the passport security surcharge,
which is applicable to all applicants
except those persons who are statutorily
exempted from paying passport fees,
from $60 to $80. The passport security
surcharge (PSS) includes costs
associated with passport application
processing that support enhanced
border security (see 8 U.S.C. 1714 and
Pub. L. 109–472, section 6, 120 Stat.
3555, reproduced at 8 U.S.C. 1714 note)
such as the secure book and card
materials, passport printers, and
compensation associated with passport
adjudication, including fraud
prevention. The current $60 fee is based
on the results of the 2013 CoSM and
was implemented in 2015. The results
of the most recently approved update to
the Cost of Service Model indicated that
these costs have increased and now
amount to approximately $80 per
passport. This proposed fee is consistent
with model results that reflect a steady
increase in security-related costs since
the fee was last updated in 2015. This
proposed fee increase is a result of two
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main factors: (1) Model methodology
updates; and (2) increases in securityrelated costs.
The updates to the model’s
methodology improved accuracy in
assigning costs to activities by more
precisely tracing costs to specific
consular activities, including isolating
and assigning costs of enhanced border
security to the passport security
surcharge. One update to the model’s
methodology since the last time the PSS
was adjusted is an overhaul of the
activity dictionary, which is the
collection of defined processes and
tasks that must be completed to produce
a particular product, including a
passport. All resources are assigned to
activities based on the level of effort
required for that activity. The activity
dictionary changes focused on
standardizing and clarifying tasks,
ultimately improving accuracy in cost
assignments. These changes resulted in
more security-related costs being
attributed to the PSS since this
methodology update determined more
precisely which passport activities are
security-related and assigned them
accordingly. Since this update, the
model has produced consistent results
for the PSS, leading to only modest
increases in security-related costs in
each annual update.
A second update to the model has
been the implementation of the
Consular Overseas Data Collection
(CODaC) survey. CoSM uses CODaC
data to produce accurate model inputs
by collecting and developing cycle
times (the exact amount of time it takes
to perform an activity) for key activities
performed overseas. CODaC also
collects percentages of time spent on
activities, which, when combined with
cycle times and additional data, informs
the total time (or level of effort) required
to complete a particular activity. The
survey is carried out three times per
year, surveying an average of 70 posts
per year. Every survey cycle solicits data
from a blend of small, medium, large
and extra-large posts, and every post is
surveyed at least once every four years.
This approach produces reliable model
outputs for cost management and feesetting. Since CODaC is focused on
overseas data collection, it includes
activities relevant to overseas passport
processing, which informs and
improves the overall quality of passport
cost data. The current $60 PSS fee,
which is based on the 2013 model, did
not include CODaC data. The overseas
passport level of effort results have been
consistent since implementing the more
accurate CODaC survey. These
methodology updates, included since
the 2014 model, allow for the model to
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more precisely capture and assign the
security-related costs of passport
application processing, which have
indicated increased PSS costs.
The Department has also experienced
a steady increase each year in costs
incurred in support of enhanced border
security since the last adjustment to
PSS. Increases in security-related costs
are largely due to increased
compensation costs for passport
adjudicators and enhanced printing
technology costs for the Next Generation
(NextGen) passport book. Compensation
costs, which include all salary and
overhead costs for direct-hire full-time
employees (FTEs), represent the largest
change, a 37 percent increase, in the
Passport Directorate since the 2013
model update. More FTEs have been
assigned to adjudication domestically in
line with more rigorous security vetting
standards, and the CODaC survey
indicates that more time is required to
adjudicate overseas passports than the
data included in the 2013 model
indicated. Additionally, a new passport
agency in San Juan, Puerto Rico, was
opened in 2014 to serve the needs of
more than 3 million U.S. citizens, and
the Department hired eight full-time
passport adjudicators and one
supervisory adjudicator for this
purpose. This new passport agency
offers local expedited and emergency
passport services. Prior to the
establishment of the San Juan agency,
U.S. citizens who needed a passport
within 14 days were obligated to travel
to the Miami passport office to receive
these services.
Passport adjudication may only be
carried out by certified employees. Per
the Code of Federal Regulations,
passport adjudication is a specialized,
security-centric function that may only
be carried out by certified, full-time
employee passport adjudicators.
Becoming certified in passport
adjudication takes more than a year of
specialized training. Passport
adjudication is also the central function
to the processing of passports, and
passport adjudication processes and
systems are highly specialized and
secure. Passport adjudicator staffing
capacity is aligned to projected demand
and human resources pipelines are
planned far in advance in concert with
demand forecasts. Historically, the
number of U.S. citizens with a valid
passport continues to grow from 39
percent in 2015 to 44.5 percent in 2019.
The Passport Directorate has a service
level commitment to deliver completed
passports within a specified timeframe,
and must plan staffing accordingly. PreCOVID–19, passport demand was
expected to continue to grow from
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2020–2030. As discussed below, in
2020, COVID–19 impacted passport
demand, but that demand is expected to
start recovering from the impacts of
COVID–19 in FY 2022.
In this model update, noncompensation costs, which includes
operating costs like domestic awards,
contractor support costs, personnel
travel and transportation, utilities,
supplies, equipment, and CA
technology costs that increase as FTE
numbers increase were 17 percent
higher than the 2013 model. The bulk of
this increase was in Passport material
book costs, which increased $7 per unit.
Improved printing technology (known
as ‘‘NextGen’’), which provides state-ofthe-art anti-counterfeiting
improvements, added an additional
$3.45 per unit. The NextGen printer
system replaces end-of-life equipment
that uses outdated technology, and
improves passport security features in
line with current international
standards for identity documents while
enhancing border security. NextGen
printing includes material features such
as an advanced embedded chip that is
protected by a new polycarbonate
coating, as well as other confidential
physical attributes that enhance border
security by preventing both falsification
and duplication.
Lastly, the projected volumes used in
this model update for passport products
have fallen compared to prior year
volumes as a result of COVID–19’s
impact on passport demand, which does
have a minimal impact on the unit cost.
Unit costs are calculated as cost divided
by volume, so if volume drops
dramatically, the unit cost will increase.
For example, in April of 2020, passport
demand dropped 86 percent compared
to April 2019. By August 2020, demand
was 50 percent lower than August 2019,
and by November 2020, demand was 33
percent lower than November 2019. The
Department anticipates that demand
during the first half of 2021 will remain
similar to the demand of late 2020, and
will begin to recover by FY 2022. The
volume projections used in the most
recent model include volumes during
the expected post-COVID–19 recovery
period of FY 2022, and this additional
year helps stabilize volume volatility
experienced in FY 2020 and anticipated
to continue in FY 2021. However,
projected volumes for this three-year
period are still lower than the peak
volumes the Department experienced
prior to 2020. The Department
recognizes that there may be some
minimal elasticity in demand for
passports, but expects that any impact
on demand from this proposed increase
would be de minimis. The regulatory
findings under the Executive Order
12866 section further discuss
anticipated passport demand and
associated increases in revenue.
For the reasons stated above, the
Department recommends increasing the
passport security surcharge from $60 to
$80, which will in turn impact the
overall amount of the passport book
application fee paid by all applicants.
As a result of this recommendation, the
overall passport book application fee for
a first-time, adult applicant (using a DS–
11), as well for adults seeking renewals
(DS–82), will increase from $110 to
$130. The passport security surcharge
increase will also result in an increase
to the overall passport book application
fee for minors (DS–11) from $80 to $100.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this
rule as a proposed rule, with a 60-day
provision for public comments.
Regulatory Flexibility Act
The Department has reviewed this
rule and, by approving it, certifies that
it will not have a significant economic
Proposed
fee
Item No.
Current
fee
Change
in fee
impact on a substantial number of small
entities as defined in 5 U.S.C. 601(6).
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 $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 a major rule as defined by
5 U.S.C. 804(2).
Executive Order 12866
The Department has reviewed this
rule to ensure its consistency with the
regulatory philosophy and principles set
forth in the Executive orders. OMB has
determined that this rule is
economically significant under
Executive Order 12866.
This proposed rule is necessary in
light of the Department of State’s Cost
of Service Model’s findings that the cost
of providing certain consular services
has changed significantly and justifies
the adjustment of the passport security
surcharge through the rulemaking
process. 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 . . . 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 regulation
generally sets the fee for consular
services at the amount required to
recover the costs associated with
providing these services.
The following table summarizes the
impact of this proposed rule:
Percentage
increase
Estimated
annual number
of services
requested 1
Estimated
change in
annual fees
collected 2
SCHEDULE OF FEES FOR CONSULAR SERVICES
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*
*
*
*
*
*
*
PASSPORT AND CITIZENSHIP SERVICES
2. Passport Book Application Services
for:
(g) Passport book security surcharge (enhanced border security fee) .......................................
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$80
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33.33
FY20: 12,300,000
FY21: 12,300,000
FY22: 15,900,000
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FY20: $246,000,000
FY21: $246,000,000
FY22: $318,000,000
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Proposed
fee
Item No.
Current
fee
Total 3 .....................................
80
*
*
1 Projected
*
Change
in fee
60
Estimated
annual number
of services
requested 1
Percentage
increase
20
33.33
*
Estimated
change in
annual fees
collected 2
15,900,000
*
$318,000,000
*
*
passport workload included in this CoSM update, FY 2020, 2021 and 2022 receipts projected by the PPT directorate as of July
2020.
2 The Department of State retains this fee.
3 The Department anticipates implementing this fee change in FY 2022. FY 2022 volumes are used to project fee collection totals.
Executive Orders 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 13771
This rule is not subject to the
requirements of Executive Order 13771
(82 FR 9339, February 3, 2017) because
it is a transfer rule.
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 rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act.
List of Subjects in 22 CFR Part 22
Consular services, Fees.
Accordingly, for the reasons stated in
the preamble, 22 CFR part 22 is
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
continues to read as follows:
■
Authority: 8 U.S.C. 1101 note, 1153 note,
1157 note, 1183a note, 1184(c)(12), 1201(c),
1351, 1351 note, 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; E.O. 10718, 22 FR 4632 (1957),
3 CFR, 1954–1958 Comp., p. 382; E.O. 11295,
31 FR 10603 (1966), 3 CFR, 1966–1970
Comp., p. 570.
2. In § 22.1, amend the table by
revising entry 2(g) under the heading
‘‘Passport and Citizenship Services’’ to
read as follows:
■
§ 22.1
*
Schedule of fees.
*
*
*
*
SCHEDULE OF FEES FOR CONSULAR SERVICES
Item No.
Fee
Passport and Citizenship Services
*
*
*
*
*
*
*
2. * * *
*
*
*
*
*
*
(g) Passport book security surcharge (enhanced border security fee) ........................................................................................
*
*
*
*
Ian Brownlee,
Acting Assistant Secretary for Consular
Affairs, U.S. Department of State.
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2021–06263 Filed 3–25–21; 8:45 am]
Coast Guard
BILLING CODE 4710–06–P
khammond on DSKJM1Z7X2PROD with PROPOSALS
*
33 CFR Part 117
RIN 1625–AA09
Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway, Point
Pleasant, NJ
Coast Guard, Department of
Homeland Security (DHS).
AGENCY:
16:46 Mar 25, 2021
Jkt 253001
ACTION:
$80
*
Notice of proposed rulemaking.
The Coast Guard proposes to
modify the operating schedule that
governs the Route 88 (Veterans
Memorial) Bridge and Route 13
(Lovelandtown) Bridge across the New
Jersey Intracoastal Waterway (NJICW) at
Point Pleasant Canal, mile 3.0 and 3.9,
respectively at Point Pleasant, NJ. This
proposed modification will allow the
drawbridges to be maintained in the
closed position overnight.
SUMMARY:
[Docket No. USCG–2020–0647]
VerDate Sep<11>2014
*
*
PO 00000
Frm 00069
Fmt 4702
Sfmt 4702
Comments and related material
must reach the Coast Guard on or before
April 26, 2021.
DATES:
E:\FR\FM\26MRP1.SGM
26MRP1
Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16149-16153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06263]
[[Page 16149]]
=======================================================================
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 11379]
RIN 1400-AE15
Schedule of Fees for Consular Services--Passport Security
Surcharge
AGENCY: Department of State.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State proposes an adjustment to the Schedule
of Fees for Consular Services (Schedule of Fees) of the Bureau of
Consular Affairs (CA) based on the findings of the most recently
approved update to the Cost of Service Model (CoSM). The CoSM is
updated annually using a combination of costs, predicted workload, and
level of effort data. The proposed adjustment will result in a more
accurate alignment of the fees for consular services to the costs of
providing those services. The notice proposes an increased amount for
the passport security surcharge, from $60 to $80, which the Department
will retain.
DATES: The Department of State will accept comments until May 25, 2021.
ADDRESSES: Interested parties may submit comments to the Department by
any of the following methods:
Visit the Regulations.gov website at: https://www.regulations.gov and search for the Regulatory Information Number
(RIN) 1400-AE15 or docket number DOS-2021-0006.
Email: [email protected]. You must include the RIN (1400-
AE15) in the subject line of your message.
All comments should include the commenter's name, the
organization the commenter represents (if applicable), and the
commenter's address. If the Department is unable to read your comment
for any reason, and cannot contact you for clarification, the
Department may not be able to consider your comment. After the
conclusion of the comment period, the Department will publish a final
rule that will address relevant comments as expeditiously as possible.
During the comment period, the public may request an appointment to
review Cost of Service Model (CoSM) data on site if certain conditions
are met. To request an appointment, please call 202-485-8915 and leave
a message with your contact information.
FOR FURTHER INFORMATION CONTACT: Rob Schlicht, Management Analyst,
Office of the Comptroller, Bureau of Consular Affairs, Department of
State; phone: 202-485-8915, email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The proposed rule makes changes to the Schedule of Fees in 22 CFR
22.1 by increasing the passport security surcharge fee from $60 to $80.
The Department generally sets and collects fees for consular services
based on the concept of full cost recovery to the U.S. government. The
Department uses an Activity-Based Costing (ABC) methodology to
calculate annually the cost of providing consular services. The fees
are based on these cost estimates and the Department aims to update the
Schedule of Fees biennially, unless a significant change in costs
warrants an immediate recommendation to change the fees. The Department
proposes this fee change based on the results of the most recently
approved update to the CoSM, which reflect increases in security-
related costs for processing passports attributed to the Passport
Security Surcharge. Increases in security-related costs are largely due
to increased compensation costs for passport adjudicators and enhanced
printing technology costs for the Next Generation (NextGen) passport
book. The Department therefore proposes an increase to this surcharge
to fully recover these costs.
What is the authority for this action?
The Department of State derives the general authority to set and
charge fees for consular services it provides 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.
Several statutes address specific fees relating to passports. For
instance, 22 U.S.C. 214 authorizes the Secretary of State to set the
passport application fee by regulation. In addition, another statute
authorizes the Department to collect and retain a surcharge on
passports to help pay for efforts to support enhanced border security.
See 8 U.S.C. 1714. Although the passport security surcharge was
originally frozen statutorily at $12, subsequent legislation authorized
the Department to amend this surcharge administratively, provided,
among other things, that 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.'' Public Law
109-472, section 6, 120 Stat. 3555, reproduced at 8 U.S.C. 1714 (note).
Certain people are exempted by law or regulation from paying
specific fees. These are noted in the Schedule of Fees. For example,
officers or employees of the U.S. Government proceeding abroad in the
discharge of official duties are exempt from passport fees, including
the passport security surcharge. See 22 U.S.C. 214(a); 22 CFR 22.1; 22
CFR 51.52(b).
Although the funds collected for some consular fees must be
deposited into the general fund of the Treasury pursuant to 31 U.S.C.
3302(b), various statutes permit the Department to retain most of the
fee revenue it collects. The Department retains the passport security
surcharge collections (see 8 U.S.C. 1714).
The Department last changed fees for passport and citizenship
services, including the passport security surcharge, in an interim
final rule dated September 8, 2015. See Department of State Schedule of
Fees for Consular Services, Department of State and Overseas Embassies
and Consulates, 22 CFR part 22 (80 FR 53704). Those changes to the
Schedule went into effect September 26, 2015 per a correction to the
effective date published as 80 FR 55242. A final rule regarding those
fees was published on January 31, 2018 (83 FR 4423).
Why is the Department adjusting fees at this time?
The Department generally sets consular fees at an amount calculated
to achieve full 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 Office of
Management and Budget (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
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 OMB Circular No. A-25, sections 4(a),
6(a)(1).
The Department reviews consular fees periodically, including
through the
[[Page 16150]]
annual update to its Cost of Service Model, to determine each fee's
appropriateness in light of the OMB guidance. The Department proposes
to make the changes set forth below in the Schedule of Fees
accordingly. The CoSM is an activity-based costing model that
determines the current direct and indirect cost to the U.S. Government
associated with each consular good and service the Department provides.
The current model update relied on FY 2019 actual costs, as well as
predicted workload and level of effort data for FYs 2020-2022, to
provide unit cost estimates. The update's results formed the basis of
the changes proposed to the Schedule. Fees have been rounded up to the
nearest $5 to make them easier to collect.
Activity-Based Costing
To set fees in accordance with the general user charges principles
set forth in 31 U.S.C. 9701, the Department must determine the true
cost to the U.S. Government of providing each consular service.
Following guidance provided in ``Managerial Cost Accounting Concepts
and Standards for the Federal Government,'' OMB's Statement #4 of
Federal Accounting Standards (SFFAS #4), available at https://www.fasab.gov/pdffiles/sffas-4.pdf, the Department chose to develop and
use an Activity-Based Costing (``ABC'') model to determine the true
cost of each consular service.
The Government Accountability Office (GAO) defines ABC as a ``set
of accounting methods used to identify and describe costs and required
resources for activities within processes.'' Organizations can use the
same staff and resources (computer equipment, production facilities,
etc.) to produce multiple products or services; therefore, ABC models
seek to identify and assign costs to processes and activities and then
to individual products and services through the identification of key
cost drivers referred to as ``resource drivers'' and ``activity
drivers.'' The goal is to proportionally and accurately distribute
costs. ABC models require financial and accounting analysis and
modeling skills combined with a detailed understanding of an
organization's business processes. SFFAS Statement #4 provides a
detailed discussion of the use of cost accounting by the U.S.
Government.
The ABC approach focuses on the activities required to produce a
particular service or product and uses resource drivers to assign costs
through activities to services. Resource drivers assign the
organization's costs (resources including materials, supplies and labor
utilized in the production or delivery of services and products) to
activities using business rules that reflect the operational reality of
CA and the data available from consular systems, surveys, and internal
records. Most resource drivers are based on time spent on each
activity. Activity drivers differentiate levels of effort associated
with activities (the work performed by the organization such as
adjudication, printing of books and performing data intake, etc.) that
are applied to each cost object and are often volume-driven.
Example: Imagine a Government agency that has a single facility it
uses to prepare and issue a single product--a driver's license. In this
simple scenario, every cost associated with that facility (the salaries
of employees, the electricity to power the computer terminals, the cost
of a blank driver's license, etc.) can be attributed directly to the
cost of producing that single item. If that agency wants to ensure that
it is charging a ``self-sustaining'' price for driver's licenses, it
only has to divide its total costs for a given time period by an
estimate of the number of driver's licenses to be produced during that
same time period. However, if that agency issues multiple products
(driver's licenses, non-driver ID cards, etc.), has employees that work
on other activities besides licenses (for example, accepting payment
for traffic tickets), and operates out of multiple facilities it shares
with other agencies, it becomes much more complex for the agency to
determine exactly how much it costs to produce any single product. In
those instances, the agency would need to know what percent of time its
employees spend on each service and how much of its overhead (rent,
utilities, facilities maintenance, etc.) can be allocated to the
delivery of each service to determine the cost of producing each of its
various products--the driver's license, the non-driver ID card, etc.
Using an ABC model allows the agency to develop those cost estimates.
The Cost of Service Model
The Department has been conducting periodic cost of service studies
using ABC methods to determine the costs of its consular services since
2009. In 2010, the Department moved to adopt an annually updated CoSM
that measures all of its consular operations and costs, including all
of the activities needed to provide consular services. The CoSM now
includes approximately 112 distinct activities and enables the
Department to model its consular-related costs with a higher degree of
precision.
The Department uses three methods outlined in SFFAS Statement #4
(paragraph 149(2)) to assign resource costs to activities: (a) Direct
tracing; (b) estimation based on surveys, interviews, or statistical
sampling; and (c) allocations. The Department uses direct tracing to
assign the cost of, for example, a physical passport book. Assigning
costs to activities such as adjudicating a passport application
requires estimation based on surveys, interviews, or statistical
sampling to determine who performs an activity and how long it takes.
Indirect costs (overhead) are allocated according to the level of
effort needed for a particular activity. Level of effort captures the
time spent on an activity in minutes, hours, or number of full-time
equivalent (FTE) employees, as measured in our overseas time surveys
and domestic task reports. Where possible, the model uses overhead cost
pools to assign indirect costs only to related activities. For
instance, the cost of rent for domestic passport agencies is assigned
only to passport costs, not to visas or other services the Department
provides overseas.
To assign labor costs, the Department relies on a variety of
industry-standard estimation methodologies. To document how consular
staff divide their time overseas, the Department conducts surveys at a
representative sample of consular sections overseas each year. The
Department uses survey data in conjunction with volume data from over
200 individual consular sections in consulates and embassies worldwide
to develop resource drivers to assign labor costs to activities. For
consular activities that take place in the United States, the
Department collects volume and level of effort data from various
periodic workload reports such as the Passport Management Information
System (MIS) and the Agency Task Report (ATR). Cost information is
gathered from reports in the Department's Global Financial Management
System managed by the Bureau of the Comptroller and Global Financial
Services (CGFS). The Department converts the cost and workload data
into resource drivers and activity drivers for each resource and
activity.
The Cost of Service Model uses actual costs, coupled with projected
workloads, which are based on demand projections produced by the Bureau
of Consular Affairs (CA). Actual cost and volume data is used in the
model to inform projected costs and volumes. The model also uses three
years of projected volume data to calculate unit costs.
[[Page 16151]]
The Department includes every line item of costs in the CoSM,
including items such as physical material for making passports,
salaries, rent, supplies, and IT hardware and software. The Department
then determines a resource driver for each of these costs and enters
the resource drivers and assignments into the model. The Department
then selects an activity driver, such as the volume data discussed
above, for each activity, in order to assign these costs to each
service type. This process allows the model to calculate a total cost
for each of the line items in the Schedule of Fees. The model then
divides this total cost by the predicted volume of the service or
product in question in order to determine a final unit cost for the
service or product. The Department continues to refine and improve the
CoSM annually in order to achieve full cost recovery for the U.S.
Government.
Because the CoSM is a complex series of iterative processes
incorporating more than a million calculations, it is not reducible to
a tangible form such as a document. Inputs are formatted in
spreadsheets for entry into the ABC software package, which is an
industry standard commercial off-the-shelf product licensed through SAP
Business Objects. The software's output includes spreadsheets with raw
unit costs, validation reports, and management reports.
Proposed Passport Fee Changes
Passport Security Surcharge
The Department proposes an increase to the passport security
surcharge, which is applicable to all applicants except those persons
who are statutorily exempted from paying passport fees, from $60 to
$80. The passport security surcharge (PSS) includes costs associated
with passport application processing that support enhanced border
security (see 8 U.S.C. 1714 and Pub. L. 109-472, section 6, 120 Stat.
3555, reproduced at 8 U.S.C. 1714 note) such as the secure book and
card materials, passport printers, and compensation associated with
passport adjudication, including fraud prevention. The current $60 fee
is based on the results of the 2013 CoSM and was implemented in 2015.
The results of the most recently approved update to the Cost of Service
Model indicated that these costs have increased and now amount to
approximately $80 per passport. This proposed fee is consistent with
model results that reflect a steady increase in security-related costs
since the fee was last updated in 2015. This proposed fee increase is a
result of two main factors: (1) Model methodology updates; and (2)
increases in security-related costs.
The updates to the model's methodology improved accuracy in
assigning costs to activities by more precisely tracing costs to
specific consular activities, including isolating and assigning costs
of enhanced border security to the passport security surcharge. One
update to the model's methodology since the last time the PSS was
adjusted is an overhaul of the activity dictionary, which is the
collection of defined processes and tasks that must be completed to
produce a particular product, including a passport. All resources are
assigned to activities based on the level of effort required for that
activity. The activity dictionary changes focused on standardizing and
clarifying tasks, ultimately improving accuracy in cost assignments.
These changes resulted in more security-related costs being attributed
to the PSS since this methodology update determined more precisely
which passport activities are security-related and assigned them
accordingly. Since this update, the model has produced consistent
results for the PSS, leading to only modest increases in security-
related costs in each annual update.
A second update to the model has been the implementation of the
Consular Overseas Data Collection (CODaC) survey. CoSM uses CODaC data
to produce accurate model inputs by collecting and developing cycle
times (the exact amount of time it takes to perform an activity) for
key activities performed overseas. CODaC also collects percentages of
time spent on activities, which, when combined with cycle times and
additional data, informs the total time (or level of effort) required
to complete a particular activity. The survey is carried out three
times per year, surveying an average of 70 posts per year. Every survey
cycle solicits data from a blend of small, medium, large and extra-
large posts, and every post is surveyed at least once every four years.
This approach produces reliable model outputs for cost management and
fee-setting. Since CODaC is focused on overseas data collection, it
includes activities relevant to overseas passport processing, which
informs and improves the overall quality of passport cost data. The
current $60 PSS fee, which is based on the 2013 model, did not include
CODaC data. The overseas passport level of effort results have been
consistent since implementing the more accurate CODaC survey. These
methodology updates, included since the 2014 model, allow for the model
to more precisely capture and assign the security-related costs of
passport application processing, which have indicated increased PSS
costs.
The Department has also experienced a steady increase each year in
costs incurred in support of enhanced border security since the last
adjustment to PSS. Increases in security-related costs are largely due
to increased compensation costs for passport adjudicators and enhanced
printing technology costs for the Next Generation (NextGen) passport
book. Compensation costs, which include all salary and overhead costs
for direct-hire full-time employees (FTEs), represent the largest
change, a 37 percent increase, in the Passport Directorate since the
2013 model update. More FTEs have been assigned to adjudication
domestically in line with more rigorous security vetting standards, and
the CODaC survey indicates that more time is required to adjudicate
overseas passports than the data included in the 2013 model indicated.
Additionally, a new passport agency in San Juan, Puerto Rico, was
opened in 2014 to serve the needs of more than 3 million U.S. citizens,
and the Department hired eight full-time passport adjudicators and one
supervisory adjudicator for this purpose. This new passport agency
offers local expedited and emergency passport services. Prior to the
establishment of the San Juan agency, U.S. citizens who needed a
passport within 14 days were obligated to travel to the Miami passport
office to receive these services.
Passport adjudication may only be carried out by certified
employees. Per the Code of Federal Regulations, passport adjudication
is a specialized, security-centric function that may only be carried
out by certified, full-time employee passport adjudicators. Becoming
certified in passport adjudication takes more than a year of
specialized training. Passport adjudication is also the central
function to the processing of passports, and passport adjudication
processes and systems are highly specialized and secure. Passport
adjudicator staffing capacity is aligned to projected demand and human
resources pipelines are planned far in advance in concert with demand
forecasts. Historically, the number of U.S. citizens with a valid
passport continues to grow from 39 percent in 2015 to 44.5 percent in
2019. The Passport Directorate has a service level commitment to
deliver completed passports within a specified timeframe, and must plan
staffing accordingly. Pre-COVID-19, passport demand was expected to
continue to grow from
[[Page 16152]]
2020-2030. As discussed below, in 2020, COVID-19 impacted passport
demand, but that demand is expected to start recovering from the
impacts of COVID-19 in FY 2022.
In this model update, non-compensation costs, which includes
operating costs like domestic awards, contractor support costs,
personnel travel and transportation, utilities, supplies, equipment,
and CA technology costs that increase as FTE numbers increase were 17
percent higher than the 2013 model. The bulk of this increase was in
Passport material book costs, which increased $7 per unit. Improved
printing technology (known as ``NextGen''), which provides state-of-
the-art anti-counterfeiting improvements, added an additional $3.45 per
unit. The NextGen printer system replaces end-of-life equipment that
uses outdated technology, and improves passport security features in
line with current international standards for identity documents while
enhancing border security. NextGen printing includes material features
such as an advanced embedded chip that is protected by a new
polycarbonate coating, as well as other confidential physical
attributes that enhance border security by preventing both
falsification and duplication.
Lastly, the projected volumes used in this model update for
passport products have fallen compared to prior year volumes as a
result of COVID-19's impact on passport demand, which does have a
minimal impact on the unit cost. Unit costs are calculated as cost
divided by volume, so if volume drops dramatically, the unit cost will
increase. For example, in April of 2020, passport demand dropped 86
percent compared to April 2019. By August 2020, demand was 50 percent
lower than August 2019, and by November 2020, demand was 33 percent
lower than November 2019. The Department anticipates that demand during
the first half of 2021 will remain similar to the demand of late 2020,
and will begin to recover by FY 2022. The volume projections used in
the most recent model include volumes during the expected post-COVID-19
recovery period of FY 2022, and this additional year helps stabilize
volume volatility experienced in FY 2020 and anticipated to continue in
FY 2021. However, projected volumes for this three-year period are
still lower than the peak volumes the Department experienced prior to
2020. The Department recognizes that there may be some minimal
elasticity in demand for passports, but expects that any impact on
demand from this proposed increase would be de minimis. The regulatory
findings under the Executive Order 12866 section further discuss
anticipated passport demand and associated increases in revenue.
For the reasons stated above, the Department recommends increasing
the passport security surcharge from $60 to $80, which will in turn
impact the overall amount of the passport book application fee paid by
all applicants. As a result of this recommendation, the overall
passport book application fee for a first-time, adult applicant (using
a DS-11), as well for adults seeking renewals (DS-82), will increase
from $110 to $130. The passport security surcharge increase will also
result in an increase to the overall passport book application fee for
minors (DS-11) from $80 to $100.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
60-day provision for public comments.
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 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, 2
U.S.C. 1501-1504.
Congressional Review Act
This rule is a major rule as defined by 5 U.S.C. 804(2).
Executive Order 12866
The Department has reviewed this rule to ensure its consistency
with the regulatory philosophy and principles set forth in the
Executive orders. OMB has determined that this rule is economically
significant under Executive Order 12866.
This proposed rule is necessary in light of the Department of
State's Cost of Service Model's findings that the cost of providing
certain consular services has changed significantly and justifies the
adjustment of the passport security surcharge through the rulemaking
process. 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 .
. . 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 regulation generally sets the fee for consular
services at the amount required to recover the costs associated with
providing these services.
The following table summarizes the impact of this proposed rule:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated annual Estimated change in
Item No. Proposed Current Change in Percentage number of services annual fees
fee fee fee increase requested \1\ collected \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
SCHEDULE OF FEES FOR CONSULAR SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
PASSPORT AND CITIZENSHIP SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. Passport Book Application Services for:
(g) Passport book security surcharge (enhanced border $80 $60 $20 33.33 FY20: 12,300,000 FY20: $246,000,000
security fee)........................................ FY21: 12,300,000 FY21: $246,000,000
FY22: 15,900,000 FY22: $318,000,000
---------------------------------------------------------------------------------------------
[[Page 16153]]
Total \3\......................................... 80 60 20 33.33 15,900,000 $318,000,000
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Projected passport workload included in this CoSM update, FY 2020, 2021 and 2022 receipts projected by the PPT directorate as of July 2020.
\2\ The Department of State retains this fee.
\3\ The Department anticipates implementing this fee change in FY 2022. FY 2022 volumes are used to project fee collection totals.
Executive Orders 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 13771
This rule is not subject to the requirements of Executive Order
13771 (82 FR 9339, February 3, 2017) because it is a transfer rule.
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 rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act.
List of Subjects in 22 CFR Part 22
Consular services, Fees.
Accordingly, for the reasons stated in the preamble, 22 CFR part 22
is proposed to be amended as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
1. The authority citation for part 22 continues to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1157 note, 1183a
note, 1184(c)(12), 1201(c), 1351, 1351 note, 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; E.O. 10718, 22 FR 4632
(1957), 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603
(1966), 3 CFR, 1966-1970 Comp., p. 570.
0
2. In Sec. 22.1, amend the table by revising entry 2(g) under the
heading ``Passport and Citizenship Services'' to read as follows:
Sec. 22.1 Schedule of fees.
* * * * *
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
Passport and Citizenship Services
------------------------------------------------------------------------
* * * * * * *
2. * * *
* * * * * * *
(g) Passport book security surcharge (enhanced $80
border security fee)..............................
* * * * * * *
------------------------------------------------------------------------
Ian Brownlee,
Acting Assistant Secretary for Consular Affairs, U.S. Department of
State.
[FR Doc. 2021-06263 Filed 3-25-21; 8:45 am]
BILLING CODE 4710-06-P