Rule2021-12437
Schedule of Fees for Consular Services-Documentary Services Fee
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 15, 2021
Effective
July 15, 2021
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 113 (Tuesday, June 15, 2021)</title>
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[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Rules and Regulations]
[Pages 31617-31618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12437]
[[Page 31617]]
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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.
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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:
<a href="/cdn-cgi/l/email-protection#54323131271427203520317a333b22"><span class="__cf_email__" data-cfemail="50363535231023243124357e373f26">[email protected]</span></a>.
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
[[Page 31618]]
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
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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).
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2. In Sec. 22.1, amend the table by adding entry 46 under the heading
``Documentary Services'' to read as follows:
Sec. 22.1 Schedule of fees.
* * * * *
Schedule of Fees for Consular Services
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Item No. Fee
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Documentary Services
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46. Authentications (by the Office of Authentications .....
domestically):
(a) Each basic authentication service........................ $20
(Items 47-50 vacant.)............................................ .....
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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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