[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11860]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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DEPARTMENT OF STATE
Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2005]

Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act

 

Visa Fees

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Interim rule.

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SUMMARY: This rule adds a surcharge provision to part 41 title 22, Code 
of Federal Regulations. The amendment to the regulations authorizes the 
Secretary of State, pursuant to the provisions of section 140 of Public 
Law 103-236, to collect a surcharge for processing applications for 
machine readable nonimmigrant visas and machine readable combined 
border crossing cards. This surcharge is herein referred to as the 
``MRV surcharge''. The authority vested in the Secretary of State 
mandates appropriate amendments to the nonimmigrant regulations.

DATES: Effective date: May 16, 1994. Interested persons are invited to 
submit written comments on or before June 15, 1994.

addresses: Comments should be submitted to Chief, Legislation and 
Regulations Division, Visa Services, Washington, DC 20520-0113.

FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation 
and Regulations Division, Visa Services, Washington, DC, (202) 663-
1204.

SUPPLEMENTARY INFORMATION: On April 30, 1994, the President signed into 
law Public Law 103-236, State Department Authorization Bill for Fiscal 
Years 1994 and 1995. The provisions of section 140 of this law grant 
the Secretary of State the authority to collect a surcharge for the 
processing of applications of machine readable nonimmigrant visas and 
machine readable combined border crossing cards. Such authority is new 
and requires appropriate amendment of the visa regulations at 22 CFR 
41.107.

Current Authority

    Section 281 of the Immigration and Nationality Act (INA) provides 
that the Secretary of State shall establish fees for the issuance of 
nonimmigrant visas based upon reciprocity. Pursuant to this section of 
law, the Secretary of State where practicable prescribes a fee to be 
imposed upon nationals of a foreign country that corresponds with all 
the visa related costs charged U.S. citizens by that foreign country. 
The Department's implementing regulation, at 22 CFR 41.107(a), restates 
the statutory principle authorizing the Secretary of State to collect 
nonimmigrant visa issuance fees based on reciprocity. As a reciprocal 
charge, the fee prescribed by the Secretary reflects the total costs 
imposed by a foreign state on U.S. nationals. If no costs are incurred, 
no fee is prescribed. The fees collected pursuant to section 281 are 
remitted to the general funds of the U.S. Treasury.

MRV Surcharge

    Section 140 of the State Department Authorization Bill authorizes a 
surcharge to be imposed for machine readable visas and border crossing 
cards notwithstanding INA 281 and the regulations at Sec. 41.107. This 
new fee may, therefore, be charged for processing applications for 
machine readable visas, independent of fees prescribed pursuant to 
reciprocity under the provisions of section 281 of the Act. Moreover, 
surcharges collected pursuant to section 140 may be retained by the 
Department up to $107 million for FY 94 and FY 95 combined.
    The regulation at section 41.107 is being amended to authorize the 
collection of this surcharge separate from and in addition to any other 
fee. The amount of the surcharge and justification for that amount are 
subjects of a separate regulation being promulgated by the Under 
Secretary of State for Management.

Interim Rule

    In order to implement the provisions of section 140, Public Law 
103-236, the regulation at Sec. 41.107 is being amended to authorize 
the Secretary of State to collect the surcharge, separate from or 
independent from and in addition to any other fee, for processing 
applications for machine readable nonimmigrant visas and machine 
readable combined border crossing identification cards and nonimmigrant 
visas.
    The implementation of this rule as an interim rule, with provision 
for post-promulgation comments, is based upon the ``good cause'' 
exception found at 5 U.S.C. 553(b)(B) and 553(d)(3). The authorization 
for the collection of a processing fee for machine readable 
nonimmigrant visas and machine readable combination border crossing 
cards mandated by Public Law 103-236 takes effect on April 30, 1994. 
This rule must take effect upon publication to ensure that the 
Department maximizes surcharge revenues for the balance of FY-94. The 
Department will be relying on such revenues to fund accelerated 
installation of an imposed visa processing and issuing technology at 
consular posts. The installation of such technology has become a high 
priority for the United States in light of the World Trade Center 
bombing and increasing concern about visa fraud and alien terrorist 
activity in the United States. This rule is not considered to be a 
major rule for purposes of E.O. 12291; nor is it expected to have a 
significant impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act. In addition, this rule does 
not impose information collection requirements under the provisions of 
the Paperwork Reduction Act of 1980. This rule has been reviewed as 
required by E.O. 12778 and certified to be in compliance therewith. 
This rule is exempt from review under E.O. 12866, but has been reviewed 
internally by the Department to ensure consistency with the objectives 
thereof.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports and visas, Fees, Surcharge.

    Accordingly, 22 CFR part 41, is amended as follows:
    1. The authority citation for part 41 would continue to read as 
follows:

PART 41--[AMENDED]

    Authority: 8 U.S.C. 1104.

    2. Sec. 41.107 is amended by adding paragraph (e) to read as 
follows:


Sec. 41.107  Visa fees.

* * * * *
    (e) Visa processing surcharge. In addition to the collection of the 
fee prescribed in paragraph (a) of this section, a consular officer 
shall collect or ensure the collection of a surcharge for the 
processing of applications for machine readable nonimmigrant visas and 
for machine readable combined border crossing cards in the amount 
specified by the Secretary of State from such applicants as the 
Secretary of State shall designate. Such surcharge is refundable only 
if, as a result of action taken by the U.S. Goverment for which the 
alien was not responsible and over which the alien had no control, the 
alien's application is not processed.

    Dated: May 4, 1994.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 94-11860 Filed 5-11-94; 3:24 pm]
BILLING CODE 4710-06-M