[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Rules and Regulations]
[Page 6191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3013]


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UNITED STATES INFORMATION AGENCY

22 CFR Part 514


Exchange Visitor Program

AGENCY: United States Information Agency.

ACTION: Final rule.

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SUMMARY: By interim rule published June 26, 1998 (63 Rule 34808), the 
Agency adopted a fee sufficient for it to recover the full cost of its 
administrative processing of requests for waiver of the two-year return 
to the home country requirement set forth in section 212(e) of the 
Immigration and Naturalization Act (8 U.S.C. 1182(e)). Such interim 
rule is hereby adopted as final without change.

EFFECTIVE DATE: March 11, 1999.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Assistant General 
Counsel, United States Information Agency, 301 4th Street, SW., 
Washington, DC 20547; telephone, (202) 619-6531.

SUPPLEMENTARY INFORMATION: The Agency has determined that its review of 
and recommendation regarding requests for the waiver of the two-year 
return to the home country requirement imposed by 8 U.S.C. 1182(e) 
confers a specific benefit to the requesting individual. Accordingly, a 
fee sufficient to recoup the costs of conferring this specific benefit 
is appropriate. The Agency identified all administrative tasks 
associated with the administrative processing of a waiver application 
and determined that the per unit cost of processing a waiver 
application is $136.
    In publishing its interim rule the Agency provided a thirty day 
public comment period and received four comments. All comments were 
well reasoned and suggested that the fee should vary according to the 
statutory basis upon which the application was presented. The 
assumption underlying these comments was that significantly more or 
less work is involved in the review and recommendation of waiver cases 
depending upon the basis of the application. The Agency has examined 
this suggestion and determines that all waiver review and 
recommendations require that the Agency receive the waiver application, 
record the fee, input the application data, manage assorted records, 
adjudicate the application, prepare outgoing correspondence, and 
respond to various inquiries regarding the application. Accordingly, 
the administrative cost associated with the processing of these various 
requests varies little if at all and the $136 unit cost is the 
appropriate fee for all waiver applications.
    A second common theme to the comments received regarded the 
segregation of the fee monies collected for use by the administrative 
processing unit responsible for waiver applications. As explained in 
the interim rule, the Government may recoup the full cost of 
administrative processing, but not more. Pursuant to statute and 
Executive Branch directive, the fee collected must be used to pay the 
costs of the administrative unit responsible for the processing of the 
applications.
    Finally, the comments suggested that the Agency clarify that no fee 
is required for an advisory opinion request. The Agency does not 
anticipate imposing a fee for advisory opinions and does not consider 
an advisory opinion to confer a specific and identifiable benefit upon 
an individual for which a fee may be lawfully imposed.

List of Subjects in 22 CFR Part 514

    Cultural Exchange Programs.
Les Jin,
General Counsel.

    Accordingly, the interim rule amending 22 CFR Part 514, published 
at 63 FR 34808 on June 26, 1998 is adopted as a final rule without 
change.
[FR Doc. 99-3013 Filed 2-8-99; 8:45 am]
BILLING CODE 8230-01-M