[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42665-42666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20603]


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DEPARTMENT OF STATE

[Public Notice 2573]

22 CFR Part 22


Bureau of Consular Affairs; Schedule of Fees for Consular 
Services, Department of State and Overseas Embassies and Consulates, 
Diversity Visa Lottery Fee

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: This publication finalizes the Department's proposed rule [62 
FR 32558] published June 16, 1997 proposing the fee for administration 
of the diversity visa lottery. The fee will be added to the Schedule of 
Fees for Consular Services published in 22 CFR 22.1.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT:
Sally Light, Office of the Executive Director, Bureau of Consular 
Affairs, Room 4820A, Department of State, Washington, DC, (202) 647-
1148.

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 Sections 203 and 222 of the 
Immigration and Nationality Act (``INA''), 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 is 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 
registered for 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.
    Provision has already been made in the visa regulations governing 
the diversity visa lottery for a fee of this nature (see 22 CFR 
42.33(i)). 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 addresses the establishment of user charges. 
The fee is based on a cost-of-service study completed in late 1996 that 
documented the direct and indirect costs associated with administration 
of the diversity visa lottery. The study was based on fiscal year 1995 
data and was intended to capture the full cost of service.
    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.
    Final Rule: The proposed Diversity Visa Lottery Fee rule invited 
interested persons to submit comments. No comments were received. The 
proposed rule is adopted herein without changes as a final rule.

List of Subjects in 22 CFR Part 22

    Fees, Schedule of Fees for Consular Services, Visas.
    Accordingly, part 22 is amended as follows.

[[Page 42666]]

PART 22--[AMENDED]

    1. The authority citation for part 22 is revised to read as 
follows:

    Authority: Sec. 3, 63 Stat. 111, as amended; 22 U.S.C. 211a; 
214, 2651, 2651a, 3921, 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR 
4632; E.O. 11295, 31 FR 10603; 3 CFR, 1966-1970 Comp. p. 570; Sec. 
636, P.L. 104-208, 110 Stat. 3009-703-704; 8 U.S.C. 1351; Sec. 
140(a), P.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 ``(Items 
Nos. 15 through 18 vacant)'' and by inserting a new item 19 under the 
header ``Visa Services for Aliens'' to read as follows:


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: July 21, 1997.
Patrick F. Kennedy,
Under Secretary for Management, Acting.
[FR Doc. 97-20603 Filed 8-7-97; 8:45 am]
BILLING CODE 4710-06-M