letter must include the typed or printed full name and current address of the former spouse. It shall also give the dates of marriage and divorce or annulment that establish eligibility and fully identify the Foreign Service employee or former employee in question and state the agency of current or last employ1. ment. T (c) Payment of Benefits Delayed. Payment of benefits cannot be made to a former spouse until the application for benefits is approved by the Retirement Division of the Department. Upon such approval, benefits will be paid to an eligible former spouse retroactively, if necessary, back to the commencing date determined under this part. PART 21-INDEMNIFICATION OF EMPLOYEES AUTHORITY: 5 U.S.C. 301; 22 U.S.C. 2658. SOURCE: 60 FR 29988, June 7, 1995, unless otherwise noted. §21.1 Policy. (a) The Department of State may indemnify an employee for any verdict, judgment, or other monetary award which is rendered against such employee, provided that the conduct giving rise to the verdict, judgment, or award was taken within the scope of employment and that such indemnification is in the interest of the United States, as determined as a matter of discretion by the Under Secretary for Management or his or her designee. (b) The Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was taken within the scope of employment and that such settlement or compromise is in the interest of the United States, as determined as a matter of discretion by the Under Secretary for Management or his or her designee. (c) The Director General of the Foreign Service and Director of Personnel ("Director General") shall be the designee of the Under Secretary for Management with respect to determina tions under paragraphs (a) and (b) of this section in cases which involve: (1) Foreign courts or foreign administrative bodies and (2) Requests of less than five thousand dollars. (d) Absent exceptional circumstances as determined by the Under Secretary for Management or his or her designee, the Department will not entertain a request either to agree to indemnify or to settle a personal damages claim before entry of an adverse verdict, judgment, or award. (e) When an employee in the United States becomes aware that an action has been filed against the employee in his or her personal capacity as a result of conduct taken within the scope of his or her employment, the employee shall immediately notify the Department through the Executive Director of the Office of the Legal Adviser that such an action is pending. Employees overseas shall notify their Administrative Counselor who shall then notify the Assistant Legal Adviser for Special Functional Problems. Employees may be authorized to receive legal representation by the Department of Justice in accordance with 28 CFR 50.15. (f) The employee may thereafter request indemnification to satisfy a verdict, judgment, or award entered against the employee. The employee shall submit a written request, with appropriate documentation including copies of the verdict, judgment, award, or settlement proposal if on appeal, to the Legal Adviser. Except as provided in paragraph (g) of this section, the Legal Adviser and the Director General shall then, in coordination with the Bureau of Finance and Management Policy, forward the request with their recommendation to the Under Secretary for Management for decision. The Legal Adviser may seek the views of the Department of Justice, as appropriate, in preparing this recommendation. (g) Cases in which the Director General is the designee under paragraph (c) of this section may be forwarded by the Assistant Legal Adviser for Special Functional Problems, along with the views of the employee and the bureau or post as appropriate, to the Director General for decision. (h) Personal services contractors of the Department are considered employees for purposes of the policy set forth in this part. (i) Any payment under this part either to indemnify a Department of State employee or to settle a personal damages claim shall be contingent upon the availability of appropriated funds. (j) In addition to the indemnification provisions contained in the regulations in this part, the Department will also follow any specific policies or regulations adopted with respect to damages awarded against Department health care personnel for malpractice claims within the scope of 22 U.S.C. 2702. [60 FR 29988, June 7, 1995] PART 22-SCHEDULE OF FEES FOR Sec. 22.1 Schedule of fees. 22.2 Requests for services in the United 22.3 Remittances in the United States. Item No. 22.6 Refund of fees. 22.7 Collection and return of fees. 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; Pub. L. 105-277, 112 Stat. 2681 et seq.; E.O. 10718, 22 FR 4632, 3 CFR 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1996-1970 Comp., 570. SOURCE: 46 FR 58071, Nov. 30, 1981, unless otherwise noted. (e) Peace Corps and Volunteer Leaders deemed to be employees of No fee. 3. File search and verification of U.S. citizenship when applicant has not pre- $15.00. fee will not be charged when the applicant's passport was stolen or lost over seas or when one of the exemptions in item 38 is applicable.). 4. Determination or adjudication of U.S. citizenship for applicants born overseas $100.00. No fee. 5. Passport amendments, to add current or new information, change a name, No fee. 8. Report of Birth Abroad of a Citizen of the United States (includes new no. 4) $40.00. 9. Issuance of Replacement Report of Birth Abroad of a Citizen of the United $40.00. States by the Department of State in Washington. For fees relating to obtain ing documents from passport files and related records, see Documentary Services, item 35 and succeeding. (Item nos. 10 through 14 vacant.) General Overseas Assistance: 15. Arrest visits Overseas Citizens Services No fee. 16. Assistance regarding the welfare and whereabouts of a U.S. Citizen, No fee. including child custody inquiries. 23. Affidavit attesting to preparation and packing of remains of a U.S. Cit- No fee. 24. Issuance of consular mortuary certificate on behalf of a U.S. Citizen No fee. 26. Preparation of Report of Death of an American Citizen Abroad, includ- No fee. 27. Acting as a provisional conservator of estates of U.S. Citizens (other No fee. 28. Acting as a provisional conservator of estates of U.S. Citizens (other (b) Estates $10,000 or more, for rendering services additional to taking Consular time (item 70) and costs. possession, inventorying, and placing the official seal. (Item no. 29 vacant.) Services Relating to Vessels and Seamen 30. Shipping and seamen services, including recording of bill of sale of vessel purchased abroad, taking of application for certificate of American ownership, and investigation. Per service, $80.00. 31. Documentary services related to shipping, including issuance of certificate Per service, $650.00 plus costs incurred. of American ownership. 32. Services provided for an American vessel (a vessel with a certificate of No fee. American ownership) or American seamen. (22 U.S.C. 4206). (Items nos. 33-34 vacant.) 35. Notarials 36. Certifications: Documentary Services $55.00. (a) Certifying under official seal that a copy or extract made from an $20.00; each additional copy $10.00. official or a private document is a true copy. (b) Certifying under official seal a statement or extract from official files $20.00; each additional copy $10.00. (c) Certifying the fact of issuance of a Report of Birth Abroad of a Cit- Fee: $20.00; each additional copy $10.00. 37. Authentications: (a) Certifying to official character of a foreign notary or other official $32.00. Item No. Fee (b) Authenticating a federal, state, or territorial seal, or certifying to the 38. Exemptions: Notarial, certification, and authentication fees (items 35, 36, $32.00. (a) At the direct request of any federal government agency (unless No fee. (b) At the direct request of any state or local government, the District No fee. (c) With respect to documents to be presented by claimants, bene- No fee. (d) For American citizens outside the United States preparing ballots No fee. (e) At the direct request of a foreign government or an international No fee. are for official noncommercial use. (f) At the direct request of a foreign government official when appro- No fee. (g) At the direct request of U.S. Government personnel, Peace Corps No fee. (h) With respect to documents whose production is ordered by a court No fee. (i) With respect to affidavits of support for immigrant visa applications 39. Executing commissions to take testimony in connection with foreign documents for use in criminal cases when the commission is accompanied by an order of federal court on behalf of an indigent party. No fee. 40. Providing seal and certificate for return of letters rogatory executed by for- $455.00. eign officials. 41. Taking depositions or executing commissions to take testimony (Items nos. 42-49 vacant.) 50. Immigrant visa application processing fee 51. Immigrant visa application surcharge for Diversity Visa Lottery 52 Immigrant visa issuance fee Per hour, $200.00 plus costs incurred. Visa Services $260.00. $75.00. $65.00. No fee. No fee. (c) Persons issued replacement machine readable visas when the No fee. (d) Persons exempted by international agreement as determined by No fee. (e) Persons travelling to participate in charitable activities as deter- No fee. 56. Nonimmigrant visa issuance fee, including border crossing cards 57. EXEMPTIONS from nonimmigrant visa issuance fee: (b) Transportation letter (unless waived in significant public benefit pa- $120.00. (c) Waiver of immigrant visa ineligibility (collected for INS; subject to $95.00. 60. Filing immigrant visa petition (collected for INS; subject to change) (Items nos. 61-64 vacant.) $80.00. |