[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Proposed Rules]
[Pages 32558-32559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15555]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 22
[Public Notice 2555]
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates, Diversity Lottery Fee
AGENCY: Bureau of Consular Affairs, State.
ACTION: Proposed rule.
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SUMMARY: On September 30, 1996, the Immigration and Nationality Act
(INA) was amended by section 636 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, (IIRIRA) to authorize the
collection of a fee for administering the diversity immigrant visa
lottery. The Department is, therefore, amending their regulations
accordingly by instituting a $75.00 fee, in the nature of a surcharge,
to be paid by applicants issued diversity immigrant visas. Collection
of the fee would commence as of October 1, 1997.
DATES: Written comments should be received by July 16, 1997. The
anticipated effective date of the final rule is October 1, 1997.
ADDRESSES: Interested persons are invited to submit comments to: Office
of the Executive Director, Bureau of Consular Affairs, Room 4820A,
Department of State, Washington, D.C. 20520.
FOR FURTHER INFORMATION CONTACT: Sally Light, Office of the Executive
Director, Bureau of Consular Affairs, telephone (202) 647-1148; telefax
(202) 647-3677.
SUPPLEMENTARY INFORMATION: The Department is instituting a new fee, in
the nature of a surcharge, to be paid by applicants for diversity
immigrant visas. This additional fee will recover the full costs of the
visa lottery conducted pursuant to INA 203 and 222, 8 U.S.C. 1153,
1202, from those successful lottery entrants who actually apply for
diversity visas. The fee was authorized by section 636 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L.
104-208, 110 Stat. 3009-703-704 (Sept. 30, 1996). A single fee imposed
on actual diversity visa applicants will ensure that the costs of
administering the lottery and allocating diversity visas are recovered
from actual users of the lottery, while avoiding the impracticable
imposition of a fee on all visa lottery entrants (technically, visa
``petitioners''). The imposition of a fee on all entrants rather than
actual applicants is not feasible, given the millions of entrants, the
problems of collecting a uniform fee from individuals all over the
world (who will have varying access to U.S. or other international
currency), and the burden of having to collect and account for what
would be a very small fee from a large number of persons. Roughly seven
million entrants have entered the 1998 diversity lottery. Approximately
100,000 of those will be invited to apply for a visa, and of those,
approximately 87,000 will apply and pay the fee. The Department's
projected cost to administer the 1998 diversity lottery is about
$6,500,000, which will be covered by the diversity visa surcharge of
$75.00
Provision has already been made in the visa regulations (22 CFR
42.33(i)) governing the diversity visa lottery for a fee of this
nature. (See 61 FR 1523.) Thus no regulatory amendments other than an
addition of the Schedule of Fees for Consular Services published at 22
CFR 22.1 are required to establish this fee. The new fee is being added
as item number 19 on the Schedule of Fees. This will locate it
immediately before the other fees for immigrant visas, which diversity
visa applicants will also be required to pay (i.e., before the fees for
immigrant visa application and issuance).
With the exception of nonimmigrant visa reciprocity fees, which are
established based on the practices of other countries, all consular
fees are established on a basis of cost recovery and in a manner
consistent with general user charges principles, regardless of the
specific statutory authority under which they are promulgated. The
proposed fee is consistent with these principles and the guidance in
OMB Circular A-25, which addressed the establishment of user charges.
The fee is based on a cost-of-service study using fiscal year 1995 data
that documented and projected into fiscal year 1998 the direct and
indirect costs associated with administration of the diversity visa
lottery, so as to capture the full cost of service.
Proposed Rule
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, 5 U.S.C. 605(b). This rule does not impose information
collection requirements under the provisions of the Paperwork Reduction
Act, 44 U.S.C. Chapter 35. This rule has been reviewed as required by
E.O. 12988 and determined 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 22
Fees, Foreign Service, Passports and visas, Schedule of fees for
consular services.
In view of the foregoing, 22 CFR is proposed to be amended as
follows:
PART 22--[AMENDED]
1. The authority citation for Part 22 is revised to read:
[[Page 32559]]
Authority: Sec. 3, 63 Stat. 222, as amended; 22 U.S.C. 211a;
214, 2651, 2651a; 2921; 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR
4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3
CFR, 1966-1970 Comp., p 570; sec. 636, Pub. L. 104-208, 110 Stat.
3009-703-704; 8 U.S.C. 1351; sec. 140(a), Pub. L. 103-236, 108 Stat.
399, as amended.
2. Section 22.1 is amended by revising the phrase ``(Item Nos. 15
through 19 vacant.)'' immediately following item 14 to read ``(Item
Nos. 15 through 18 vacant.)'' and by inserting a new item 19 under the
header ``Visa Services for Aliens'' to read as follows:
Sec. 22.1 Schedule of fees.
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Item No. Fee
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* * * * *
Visa Services for Aliens
19. Immigrant visa application surcharge for Diversity Visa
Lottery...................................................... $75.00
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Dated: June 2, 1997.
Patrick F. Kennedy,
Under Secretary for Management.
[FR Doc. 97-15555 Filed 6-13-97; 8:45 am]
BILLING CODE 4710-06-P