[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11860]
[[Page Unknown]]
[Federal Register: May 16, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2005]
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act
Visa Fees
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This rule adds a surcharge provision to part 41 title 22, Code
of Federal Regulations. The amendment to the regulations authorizes the
Secretary of State, pursuant to the provisions of section 140 of Public
Law 103-236, to collect a surcharge for processing applications for
machine readable nonimmigrant visas and machine readable combined
border crossing cards. This surcharge is herein referred to as the
``MRV surcharge''. The authority vested in the Secretary of State
mandates appropriate amendments to the nonimmigrant regulations.
DATES: Effective date: May 16, 1994. Interested persons are invited to
submit written comments on or before June 15, 1994.
addresses: Comments should be submitted to Chief, Legislation and
Regulations Division, Visa Services, Washington, DC 20520-0113.
FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation
and Regulations Division, Visa Services, Washington, DC, (202) 663-
1204.
SUPPLEMENTARY INFORMATION: On April 30, 1994, the President signed into
law Public Law 103-236, State Department Authorization Bill for Fiscal
Years 1994 and 1995. The provisions of section 140 of this law grant
the Secretary of State the authority to collect a surcharge for the
processing of applications of machine readable nonimmigrant visas and
machine readable combined border crossing cards. Such authority is new
and requires appropriate amendment of the visa regulations at 22 CFR
41.107.
Current Authority
Section 281 of the Immigration and Nationality Act (INA) provides
that the Secretary of State shall establish fees for the issuance of
nonimmigrant visas based upon reciprocity. Pursuant to this section of
law, the Secretary of State where practicable prescribes a fee to be
imposed upon nationals of a foreign country that corresponds with all
the visa related costs charged U.S. citizens by that foreign country.
The Department's implementing regulation, at 22 CFR 41.107(a), restates
the statutory principle authorizing the Secretary of State to collect
nonimmigrant visa issuance fees based on reciprocity. As a reciprocal
charge, the fee prescribed by the Secretary reflects the total costs
imposed by a foreign state on U.S. nationals. If no costs are incurred,
no fee is prescribed. The fees collected pursuant to section 281 are
remitted to the general funds of the U.S. Treasury.
MRV Surcharge
Section 140 of the State Department Authorization Bill authorizes a
surcharge to be imposed for machine readable visas and border crossing
cards notwithstanding INA 281 and the regulations at Sec. 41.107. This
new fee may, therefore, be charged for processing applications for
machine readable visas, independent of fees prescribed pursuant to
reciprocity under the provisions of section 281 of the Act. Moreover,
surcharges collected pursuant to section 140 may be retained by the
Department up to $107 million for FY 94 and FY 95 combined.
The regulation at section 41.107 is being amended to authorize the
collection of this surcharge separate from and in addition to any other
fee. The amount of the surcharge and justification for that amount are
subjects of a separate regulation being promulgated by the Under
Secretary of State for Management.
Interim Rule
In order to implement the provisions of section 140, Public Law
103-236, the regulation at Sec. 41.107 is being amended to authorize
the Secretary of State to collect the surcharge, separate from or
independent from and in addition to any other fee, for processing
applications for machine readable nonimmigrant visas and machine
readable combined border crossing identification cards and nonimmigrant
visas.
The implementation of this rule as an interim rule, with provision
for post-promulgation comments, is based upon the ``good cause''
exception found at 5 U.S.C. 553(b)(B) and 553(d)(3). The authorization
for the collection of a processing fee for machine readable
nonimmigrant visas and machine readable combination border crossing
cards mandated by Public Law 103-236 takes effect on April 30, 1994.
This rule must take effect upon publication to ensure that the
Department maximizes surcharge revenues for the balance of FY-94. The
Department will be relying on such revenues to fund accelerated
installation of an imposed visa processing and issuing technology at
consular posts. The installation of such technology has become a high
priority for the United States in light of the World Trade Center
bombing and increasing concern about visa fraud and alien terrorist
activity in the United States. 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. In addition, this rule does
not impose information collection requirements under the provisions of
the Paperwork Reduction Act of 1980. This rule has been reviewed as
required by E.O. 12778 and certified 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 41
Aliens, Nonimmigrants, Passports and visas, Fees, Surcharge.
Accordingly, 22 CFR part 41, is amended as follows:
1. The authority citation for part 41 would continue to read as
follows:
PART 41--[AMENDED]
Authority: 8 U.S.C. 1104.
2. Sec. 41.107 is amended by adding paragraph (e) to read as
follows:
Sec. 41.107 Visa fees.
* * * * *
(e) Visa processing surcharge. In addition to the collection of the
fee prescribed in paragraph (a) of this section, a consular officer
shall collect or ensure the collection of a surcharge for the
processing of applications for machine readable nonimmigrant visas and
for machine readable combined border crossing cards in the amount
specified by the Secretary of State from such applicants as the
Secretary of State shall designate. Such surcharge is refundable only
if, as a result of action taken by the U.S. Goverment for which the
alien was not responsible and over which the alien had no control, the
alien's application is not processed.
Dated: May 4, 1994.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 94-11860 Filed 5-11-94; 3:24 pm]
BILLING CODE 4710-06-M
