30-Day Notice of Proposed Information Collection: Adoptive Family Relief Act Refund Application

ACTION:

Notice of request for public comment and submission to OMB of proposed collection of information.

SUMMARY:

The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.

DATES:

Submit comments directly to the Office of Management and Budget (OMB) up to November 10, 2016.

ADDRESSES:

Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods:

• Email: oira_submission@omb.eop.gov. You must include the DS form number, information collection title, and the OMB control number in the subject line of your message.
• Fax: 202-395-5806. Attention: Desk Officer for Department of State.

FOR FURTHER INFORMATION CONTACT:

Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Andrea Lage, who may be reached at PRA_BurdenComments@state.gov. You must include the DS form number, information collection, and the OMB control number in correspondence. DO NOT submit any completed Department of State visa forms to this email or any case inquiry to this email box.

SUPPLEMENTARY INFORMATION:

• Title of Information Collection: Adoptive Family Relief Act Refund Application.
• OMB Control Number: 1405-0223.
• Type of Request: Extension of Currently Approved Collection.
• Originating Office: CA/VO/L/R.
• Form Number: DS-7781.
• Respondents: Immigrant Visa Petitioners.
• Estimated Number of Respondents: 600.
• Estimated Number of Responses: 600.
• Average Time per Response: 5 Minutes.
• Total Estimated Burden Time: 50 Hours.
• Frequency: On Occasion.
• Obligation To Respond: Required to Obtain or Retain a Benefit.

We are soliciting public comments to permit the Department to:

• Evaluate whether the proposed information collection is necessary for the proper functions of the Department.
• Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used.
• Enhance the quality, utility, and clarity of the information to be collected.
• Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review.

Abstract of Proposed Collection

The Adoptive Family Relief Act (Pub. L. 114-70) amended Section 221(c) of the Immigration and Nationality Act (INA), 8 U.S.C. 1201(c), to allow for the waiver or refund of certain immigrant visa fees for a lawfully adopted child, or a child coming to the United States to be adopted by a United States citizen, subject to criteria prescribed by the Secretary of State. Over 350 American families have successfully adopted children from the Democratic Republic of the Congo. However, since September 25, 2013, they have not been able to bring their adoptive children home to the United States because the Democratic Republic of the Congo suspended the issuance of “exit permits” for these children. As the permit suspension drags on, however, American families are repeatedly paying visa renewal and related fees, while also continuing to be separated from their adopted children.

The waiver or refund provides support and relief to American families seeking to bring their adoptive children home to the United States from the Democratic Republic of the Congo, and families in similar situations. This form collects information to determine the extra visa renewal fees these families have paid and refund them in accordance with the Adoptive Family Relief Act.

Methodology

The collection is hosted on the Department of State's Web site and is printed and filled out by the individual, and submitted by mail or in person to the Consular Section where the adoption case was originally processed.