[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: 94-11861]
[[Page Unknown]]
[Federal Register: May 16, 1994]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 2006]
Schedule of Fees for Consular Services, Department of State and
Foreign Service of the United States
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Interim rule.
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SUMMARY: This interim rule amends Sec. 22.1 of title 22, Code of
Federal Regulations by creating a surcharge for the processing of
machine readable visas (MRV's). That surcharge, pursuant to OMB
Circular No. A-25, is set at a cost-recovery based level of $20,00 per
visa application.
DATES: Effective Date: The effective date for the new fee is May 16,
1994.
Date for submission of comments: June 15, 1994.
ADDRESSES: Interested persons are invited to submit comments in
duplicate to the Office of the Executive Director, Bureau of Consular
Affairs, Department of State, Washington, DC 20520-4818.
FOR FURTHER INFORMATION CONTACT:
Holcombe Thomas, Office of the Executive Director, Bureau of Consular
Affairs, Department of State, Washington, DC 20520-4818, (202) 647-
1148.
SUPPLEMENTARY INFORMATION
Background
Public Law 103-236, enacted April 30, 1994, authorizes the
Secretary of State to collect a surcharge for the processing of machine
readable visa (MRV) applications, and to retain the resulting revenues,
up to a ceiling of $107.5 million for fiscal years 1994 and 1995. This
authority has been delegated to the Under Secretary for Management. It
supplements and in part overrides section 281 of the Immigration and
Nationality Act (INA) which generally provides for nonimmigrant visa
fees to be set on the basis of reciprocity.
The Secretary of State has also been authorized under E.O. 10718 of
June 27, 1957, to exercise the President's authority under 22 U.S.C.
4219 to prescribe rates of fees to be charged for official services
performed by the Department of State. Under this authority, the
Department has determined a number of fees for consular services
performed overseas, as well as in the United States, within the
guidelines set by OMB Circular No. A-25. The policy set out in Circular
A-25 states that services which directly benefit individuals,
organizations, or groups should be paid for by the users rather than
the taxpayers. Services performed for the primary benefit of the
general public or the U.S. Government are to be supported by tax
revenues. The principles of Circular A-25 have guided various fee
studies conducted by the Department. As a result, although the
authority to charge for processing a machine readable visa is new, the
Department has for a number of years had on hand Circular A-25-based
cost estimates for visa processing.
In the Department's latest consular fee study, issued in January
1991, the cost of processing a nonimmigrant visa was determined to be
$18.47. Equipment used to process machine readable nonimmigrant visas
(MRV's) is considerably more expensive than the equipment used to issue
the outdated stamped visas which the MRV is replacing. Given these
additional equipment costs and the costs of collecting the fee, the new
fee has been set at a cost-recovery level of $20.00 per visa
application. This fee may in fact be below cost, but the Department
believes that it is an approximate level at which to set the charge
initially, given the base estimate of $18.47 and the need for a fee
that can be collected with minimal transaction costs. A $20.00 fee is a
whole dollar amount. Moreover, in discussing the new fee with members
of Congress, $20.00 was discussed in light of the 1991 cost study as
the initial amount at which the new fee would be set.
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
card mandated by Public Law 103-236 took effect on April 30, 1994. This
rule must take effect upon publication to ensure that the Department
maximizes surcharge revenue for the balance of fiscal year 1994. The
Department will be relying on such revenues to fund accelerated
installation of improved 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 concerns 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 22
Passports and visas, Schedule of Consular Fees.
Accordingly, 22 CFR part 22 is amended as follows:
1. The authority citation for part 22 continues to read as follows:
PART 22--[AMENDED]
Authority: Sections 3, 4, 63 Stat. 111, as amended; 22 U.S.C.
211a, 214, 2651, 2658, 3921, 4219; 31 U.S.C. 9701; EO 101718, 22 FR
4632; EO 11295, 31 FR 10603; 3 CFR 1954-1958 Comp. p. 507.
2. Section 22.1 is amended by adding item 26 under ``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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26. Surcharge for processing machine readable nonimmigrant
visa application............................................. $20.00
(Item Nos. 27 through 29 vacant)
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Dated: May 6, 1994.
Richard Moose,
Under Secretary for Management, Department of State.
[FR Doc. 94-11861 Filed 5-11-94; 3:24 pm]
BILLING CODE 4710-06-M
