[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
