[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Pages 16046-16047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7687]



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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 2182]


Schedule of Fees for Consular Services

AGENCY: Bureau of Consular Affairs, State.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule establishing fees for the processing of 
fingerprints required of certain applicants for immigrant visas. These 
fees, pursuant to the guidelines set out in Office of Management and 
Budget (OMB) Circular No. A-25, are set at a cost-recovery based level 
of $25.00 per set of fingerprints.

DATES: Effective Date: March 29, 1995. Comments: Comments are due on or 
before April 28, 1995.

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:

John Arndt, Management Analyst, Officer of the Executive Director, 
Bureau of Consular Affairs, Department of State, Washington, DC 20520-
4818, (202) 647-1272.

SUPPLEMENTARY INFORMATION:

Background

    Section 140(d) of the Foreign Relations Authorization Act, FY 94-95 
(Public Law 103-236), enacted April 30, 1994, authorizes the Department 
of State to obtain the full content of criminal history records of 
those applicants for immigrant visas whose names are indexed in the 
Interstate Identification Index of the National Crime Information 
Center. To do so requires submission of fingerprint records. The 
statute further provides that the Department shall pay the appropriate 
fee as provided for in the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, FY 90 (Public 
Law 101-162), and that the program shall end on January 1, 1998.
    Section 505 of the Departments of Commerce, Justice, and State, the 
Judiciary and Related Agencies Appropriations Act, FY 95 (Public Law 
103-317), enacted August 26, 1994, requires the Secretary of State, in 
the ten countries with the highest volume of immigrant visa issuance 
for the most recent fiscal year for which data are available, to submit 
to the Federal Bureau of Investigation (F.B.I.) records of fingerprints 
for all immigrant visa applicants over sixteen years of age to 
ascertain whether such applications have been previously convicted of a 
felony under State or Federal law in the United States. Section 505 
further provides that the Department shall pay all appropriate fees for 
this fingerprinting pilot program and that the program shall end on 
January 1, 1998.
    Executive Order 10718 of June 27, 1957, authorizes the Secretary of 
State 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 OMB 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 
[[Page 16047]] principles of OMB Circular A-25 have guided various fee 
studies conducted by the Department.
    Under Delegation of Authority No. 198, the Secretary of State 
delegated to the Under Secretary for Management all management-related 
functions arising out of the activities or certain bureaus, including 
the Bureau of Consular Affairs. Pursuant to this Delegation, the Under 
Secretary of Management has the authority to establish the 
fingerprinting fee and to promulgate this regulation.
    The fingerprint fee is set at $25.00 to recover the cost to the 
Department of paying the F.B.I.'s $18.00 fee for examining and checking 
the fingerprints against its fingerprint records. Added to the F.B.I. 
charge of $18.00 is $7.00 in administrative costs for each set of 
fingerprints which will cover the cost to the Department of taking the 
applicant's fingerprints, transmitting them to the F.B.I., and 
obtaining and reviewing records from the F.B.I. It will also cover the 
costs of equipment, renovations, furnishings, and supplies used in 
connection with the fingerprint program. This $7.00 figure was 
determined by calculating the estimated cost of fingerprinting 205,000 
immigrant visa applicants (the estimated number of applicants that will 
be affected by section 140(d) of Public Law 103-236 and by section 505 
of Public Law 103-317), and then dividing that figure by the number of 
affected immigrant visa applicants to arrive at the pro rata unit cost 
of implementing the new fingerprinting requirement.
    Section 140(d) of the Foreign Relations Authorization Act, FY 94-95 
(Public Law 103-236), enacted April 30, 1994, authorizes the Department 
of State to obtain the full content of criminal history records of 
those applicants for immigrant visas whose names are indexed in the 
Interstate Identification Index of the National Crime Information 
Center.
    Section 505(e) of the Departments of Commerce, Justice, and State, 
and the Judiciary and Related Agencies Appropriations Act, FY 95 
(Public Law 103-317), enacted August 26, 1994, requires the Department 
of State, in the ten countries with the highest volume of immigrant 
visa issuance for the most recent fiscal year for which data are 
available, to submit records of fingerprints for all immigrant visa 
applicants over sixteen years of age to the F.B.I. to ascertain whether 
such applicants have been previously convicted of a felony under State 
or Federal law in the United States.
    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(d)(3). The Department of State is 
statutorily authorized to obtain the full content of criminal history 
records as described above. In accordance with this requirement, the 
Department has already begun transmitting the names of immigrant visa 
applicants to the F.B.I. This rule must take effect upon publication to 
ensure that the Department is reimbursed for the expenses it will incur 
in obtaining those records.
    This rule is not 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 Executive Order 12778 and certified to be in compliance 
therewith. This rule is exempt from review under Executive Order 12866, 
but has been reviewed internally by the Department to ensure 
consistency with the objectives thereof.

List of Subjects in 22 CFR Part 22

    Passport and visas.

    Accordingly, 22 CFR part 22 is amended as follows:

PART 22--[AMENDED]

    1. The authority citation for part 22 is revised to read as 
follows:

    Authority: 8. U.S.C. 1182, 1351; 22 U.S.C. 211a, 214, 2651, 
2658, 3921, 4219; 31 U.S.C. 9701; EO 10718, 22 FR 4632, 3 CFR, 1954-
1958 Comp., p. 382; EO 11295, 31 FR 10603, 3 CFR, 1966-1970 Comp., 
p. 570.

    2. In Sec. 22.1, the table is amended under the undesignated 
centered heading, ``Visa Services for Aliens'' by revising the 
parenthetical after item 25 and adding items 27 and 28 and a 
parenthetical after the items to read as follows:


Sec. 22.1  Schedule of fees.

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                          Item No.                               Fee    
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(Item No. 26 vacant.)                                                   
27. For the taking of fingerprints for those applicants for             
 immigrant visas whose names are indexed in the Interstate              
 Identification Index of the National Crime Information                 
 Center....................................................       $25.00
28. For the taking of fingerprints from immigrant visa                  
 applicants pursuant to 8 U.S.C. 1182......................        25.00
(Item No. 29 vacant.)                                                   
                                                                        
       *                  *                  *                  *       
                   *                  *                 *               
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    Dated: March 11, 1995.
Richard Moose,
Under Secretary for Management, Department of State.
[FR Doc. 95-7687 Filed 3-28-95; 8:45 am]
BILLING CODE 4710-06-M