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

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:

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]

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