82_FR_21041 82 FR 20956 - Notice of Information Collection Under OMB Emergency Review: Supplemental Questions for Visa Applicants

82 FR 20956 - Notice of Information Collection Under OMB Emergency Review: Supplemental Questions for Visa Applicants

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range20956-20957
FR Document2017-08975

The Department of State has submitted the information collection request described below to the Office of Management and Budget (OMB) for review and approval in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995. The purpose of this notice is to allow for public comment from all interested individuals and organizations. Emergency review and approval of this collection has been requested from OMB by May 18. If granted, the emergency approval is only valid for 180 days.

Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20956-20957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08975]


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DEPARTMENT OF STATE

[Public Notice: 9984]


Notice of Information Collection Under OMB Emergency Review: 
Supplemental Questions for Visa Applicants

ACTION: Notice of request for emergency OMB approval and public 
comment.

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SUMMARY: The Department of State has submitted the information 
collection request described below to the Office of Management and 
Budget (OMB) for review and approval in accordance with the emergency 
review procedures of the Paperwork Reduction Act of 1995. The purpose 
of this notice is to allow for public comment from all interested 
individuals and organizations. Emergency review and approval of this 
collection has been requested from OMB by May 18. If granted, the 
emergency approval is only valid for 180 days.

ADDRESSES: Direct any comments on this emergency request to both the 
Department of State Desk Officer in the Office of Information and 
Regulatory Affairs at the Office of Management and Budget (OMB) and to 
Bureau of Consular Affairs, Visa Office.
    All public comments must be received by May 18.
    You may submit comments to OMB by the following methods:
     Email: [email protected]. You must include the 
DS form number (if applicable), information collection title, and OMB 
control number in the subject line of your message.
     Fax: 202-395-5806. Attention: Desk Officer for Department 
of State.
    You may submit comments to Bureau of Consular Affairs, Visa Office 
by the following methods:
     You may submit comments to Bureau of Consular Affairs, 
Visa Office by the following methods:
     Web: Persons with access to the Internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2017-0019'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected]. You must include 
Emergency Submission Comment on ``Supplemental Questions for Visa 
Applicants'' in the subject line of your message.
    You must include the DS form number (if applicable) information 
collection title, and the OMB control number in any correspondence.

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 [email protected].

SUPPLEMENTARY INFORMATION:
     Title of Information Collection: Supplemental Questions 
for Visa Applicants.
     OMB Control Number: New.
     Type of Request: Emergency Review.

[[Page 20957]]

     Originating Office: Bureau of Consular Affairs, Visa 
Office (CA/VO).
     Form Number: DS-5535.
     Respondents: Immigrant and nonimmigrant visa applicants 
who have been determined to warrant additional scrutiny in connection 
with terrorism or other national security-related visa ineligibilities.
     Estimated Number of Respondents: 65,000 respondents.
     Estimated Number of Responses: 65,000 responses.
     Average Time per Response: 60 minutes.
     Total Estimated Burden Time: 65,000 annual hours.
     Frequency: Once per respondent's application.
     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 of 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 records. 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 Department proposes requesting the following information, if 
not already included in an application, from a subset of visa 
applicants worldwide, in order to more rigorously evaluate applicants 
for terrorism or other national security-related visa ineligibilities:
     Travel history during the last fifteen years, including 
source of funding for travel;
     Address history during the last fifteen years;
     Employment history during the last fifteen years;
     All passport numbers and country of issuance held by the 
applicant;
     Names and dates of birth for all siblings;
     Name and dates of birth for all children;
     Names and dates of birth for all current and former 
spouses, or civil or domestic partners;
     Social media platforms and identifiers, also known as 
handles, used during the last five years; and
     Phone numbers and email addresses used during the last 
five years.
    Most of this information is already collected on visa applications 
but for a shorter time period, e.g. five years rather than fifteen 
years. Requests for names and dates of birth of siblings and, for some 
applicants, children are new. The request for social media identifiers 
and associated platforms is new for the Department of State, although 
it is already collected on a voluntary basis by the Department of 
Homeland Security (DHS) for certain individuals. Regarding travel 
history, applicants may be requested to provide details of their 
international or domestic (within their country of nationality) travel, 
if it appears to the consular officer that the applicant has been in an 
area while the area was under the operational control of a terrorist 
organization as defined in section 212(a)(3)(B)(vi) of the Immigration 
and Nationality Act, 8 U.S.C. 1182(a)(3)(B)(vi). Applicants may be 
asked to recount or explain the details of their travel, and when 
possible, provide supporting documentation.
    This information collection implements the directive of the 
President, in the Memorandum for the Secretary of State, the Attorney 
General, the Secretary of Homeland Security of March 6, 2017, to 
implement additional protocols and procedures focused on ``ensur[ing] 
the proper collection of all information necessary to rigorously 
evaluate all grounds of inadmissibility or deportability, or grounds 
for the denial of other immigration benefits.'' Consular posts 
worldwide regularly engage with law enforcement and intelligence 
community partners to identify sets of post applicant populations 
warranting increased scrutiny. The additional information collected 
will facilitate consular officer efforts to immediately apply more 
rigorous evaluation of these applicants for potential visa 
ineligibilities. In accordance with existing authorities, visas may not 
be denied on the basis of race, religion, ethnicity, national origin, 
political views, gender, or sexual orientation.
    The estimated number of respondents represents the estimate of 
relevant State Department officials that 0.5% of U.S. visa applicants 
worldwide, or in the range of 65,000 individuals per annum, will 
present a threat profile, based on individual circumstances and 
information they provide, that will lead U.S. consular officers at 
posts around the world to conclude the applicant warrants enhanced 
screening that takes into account the information that is proposed to 
be collected. The estimate will be updated in the next request to 
continue collecting the information based on experience reported by 
overseas posts. Failure to provide requested information will not 
necessarily result in visa denial, if the consular officer determines 
the applicant has provided a credible explanation why he or she cannot 
answer a question or provide requested supporting documentation, such 
that the consular officer is able to conclude that the applicant has 
provided adequate information to determine the applicant's eligibility 
to receive the visa. The collection of social media platforms and 
identifiers will not be used to deny visas based on applicants' race, 
religion, ethnicity, national origin, political views, gender, or 
sexual orientation.

Methodology

    Department of State consular officers at visa-adjudicating posts 
worldwide will ask the proposed additional questions to resolve an 
applicant's identity or to vet for terrorism or other national security 
related visa ineligibilities when the consular officer determines that 
the circumstances of a visa applicant, a review of a visa application, 
or responses in a visa interview indicate a need for greater scrutiny. 
The additional questions may be sent electronically to the applicant or 
be presented orally or in writing at the time of the interview. 
Consular officers will not request user passwords and will not attempt 
to subvert any privacy controls the applicants may have implemented on 
social media platforms. Consular officers are directed not to engage or 
interact with individuals on or through social media; not to violate or 
attempt to violate individual privacy settings; and not to use social 
media or assess an individual's social media presence beyond 
established Department guidance.

David T. Donahue,
Acting Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2017-08975 Filed 5-3-17; 8:45 am]
 BILLING CODE 4710-06-P



                                               20956                           Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices

                                               that other than the fact the proposed                   Paper Comments                                         request described below to the Office of
                                               rule text does not reference manual                        • Send paper comments in triplicate                 Management and Budget (OMB) for
                                               order handling or the Public Automated                  to Secretary, Securities and Exchange                  review and approval in accordance with
                                               Routing (‘‘PAR’’) workstation (because                  Commission, 100 F Street NE.,                          the emergency review procedures of the
                                               C2 is entirely electronic) all of the                   Washington, DC 20549–1090.                             Paperwork Reduction Act of 1995. The
                                               proposed rule changes are based on and                                                                         purpose of this notice is to allow for
                                                                                                       All submissions should refer to File
                                               identical to CBOE Rule 6.53C(d)(i)–(ii).                                                                       public comment from all interested
                                                                                                       Number SR–C2–2017–016. This file
                                                                                                                                                              individuals and organizations.
                                               C. Self-Regulatory Organization’s                       number should be included on the
                                                                                                                                                              Emergency review and approval of this
                                               Statement on Comments on the                            subject line if email is used. To help the
                                                                                                                                                              collection has been requested from OMB
                                               Proposed Rule Change Received From                      Commission process and review your
                                                                                                                                                              by May 18. If granted, the emergency
                                               Members, Participants, or Others                        comments more efficiently, please use
                                                                                                                                                              approval is only valid for 180 days.
                                                 The Exchange neither solicited nor                    only one method. The Commission will
                                                                                                       post all comments on the Commission’s                  ADDRESSES: Direct any comments on
                                               received comments on the proposed                                                                              this emergency request to both the
                                               rule change.                                            Internet Web site (http://www.sec.gov/
                                                                                                       rules/sro.shtml). Copies of the                        Department of State Desk Officer in the
                                               III. Date of Effectiveness of the                       submission, all subsequent                             Office of Information and Regulatory
                                               Proposed Rule Change and Timing for                     amendments, all written statements                     Affairs at the Office of Management and
                                               Commission Action                                       with respect to the proposed rule                      Budget (OMB) and to Bureau of
                                                                                                       change that are filed with the                         Consular Affairs, Visa Office.
                                                  Because the foregoing proposed rule                                                                            All public comments must be
                                               change does not: (i) Significantly affect               Commission, and all written
                                                                                                       communications relating to the                         received by May 18.
                                               the protection of investors or the public                                                                         You may submit comments to OMB
                                               interest; (ii) impose any significant                   proposed rule change between the
                                                                                                                                                              by the following methods:
                                               burden on competition; and (iii) become                 Commission and any person, other than
                                                                                                                                                                 • Email: oira_submission@
                                               operative for 30 days from the date on                  those that may be withheld from the
                                                                                                                                                              omb.eop.gov. You must include the DS
                                               which it was filed, or such shorter time                public in accordance with the
                                                                                                                                                              form number (if applicable), information
                                               as the Commission may designate, it has                 provisions of 5 U.S.C. 552, will be
                                                                                                                                                              collection title, and OMB control
                                               become effective pursuant to Section                    available for Web site viewing and
                                                                                                                                                              number in the subject line of your
                                               19(b)(3)(A) of the Act 20 and Rule 19b–                 printing in the Commission’s Public
                                                                                                                                                              message.
                                               4(f)(6) thereunder.21                                   Reference Room, 100 F Street NE.,                         • Fax: 202–395–5806. Attention: Desk
                                                  At any time within 60 days of the                    Washington, DC 20549 on official                       Officer for Department of State.
                                               filing of the proposed rule change, the                 business days between the hours of                        You may submit comments to Bureau
                                               Commission summarily may                                10:00 a.m. and 3:00 p.m. Copies of the                 of Consular Affairs, Visa Office by the
                                               temporarily suspend such rule change if                 filing also will be available for                      following methods:
                                               it appears to the Commission that such                  inspection and copying at the principal                   • You may submit comments to
                                               action is: (i) Necessary or appropriate in              office of the Exchange. All comments                   Bureau of Consular Affairs, Visa Office
                                               the public interest; (ii) for the protection            received will be posted without change;                by the following methods:
                                               of investors; or (iii) otherwise in                     the Commission does not edit personal                     • Web: Persons with access to the
                                               furtherance of the purposes of the Act.                 identifying information from                           Internet may comment on this notice by
                                               If the Commission takes such action, the                submissions. You should submit only                    going to www.Regulations.gov. You can
                                               Commission shall institute proceedings                  information that you wish to make                      search for the document by entering
                                               to determine whether the proposed rule                  available publicly. All submissions                    ‘‘Docket Number: DOS–2017–0019’’ in
                                               change should be approved or                            should refer to File Number SR–C2–                     the Search field. Then click the
                                               disapproved.                                            2017–016 and should be submitted on                    ‘‘Comment Now’’ button and complete
                                                                                                       or before May 25, 2017.                                the comment form.
                                               IV. Solicitation of Comments
                                                                                                         For the Commission, by the Division of                  • Email: PRA_BurdenComments@
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated             state.gov. You must include Emergency
                                               submit written data, views, and                         authority.22                                           Submission Comment on
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,                                     ‘‘Supplemental Questions for Visa
                                               including whether the proposed rule                     Assistant Secretary.                                   Applicants’’ in the subject line of your
                                               change is consistent with the Act.                                                                             message.
                                                                                                       [FR Doc. 2017–08981 Filed 5–3–17; 8:45 am]
                                               Comments may be submitted by any of                                                                               You must include the DS form
                                                                                                       BILLING CODE 8011–01–P
                                               the following methods:                                                                                         number (if applicable) information
                                               Electronic Comments                                                                                            collection title, and the OMB control
                                                                                                                                                              number in any correspondence.
                                                 • Use the Commission’s Internet                       DEPARTMENT OF STATE
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                               comment form (http://www.sec.gov/                       [Public Notice: 9984]                                  Direct requests for additional
                                               rules/sro.shtml); or
                                                 • Send an email to rule-comments@                                                                            information regarding the collection
                                                                                                       Notice of Information Collection Under                 listed in this notice, including requests
                                               sec.gov. Please include File Number SR–                 OMB Emergency Review:
                                               C2–2017–016 on the subject line.                                                                               for copies of the proposed collection
                                                                                                       Supplemental Questions for Visa                        instrument and supporting documents
                                                                                                       Applicants
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                                                 20 15  U.S.C. 78s(b)(3)(A).
                                                                                                                                                              to PRA_BurdenComments@state.gov.
                                                 21 17  CFR 240.19b–4(f)(6). As required under Rule          Notice of request for emergency
                                                                                                       ACTION:                                                SUPPLEMENTARY INFORMATION:
                                               19b–4(f)(6)(iii), the Exchange provided the             OMB approval and public comment.                          • Title of Information Collection:
                                               Commission with written notice of its intent to file                                                           Supplemental Questions for Visa
                                               the proposed rule change, along with a brief            SUMMARY: The Department of State has
                                               description and the text of the proposed rule
                                                                                                                                                              Applicants.
                                               change, at least five business days prior to the date   submitted the information collection                      • OMB Control Number: New.
                                               of filing of the proposed rule change, or such                                                                    • Type of Request: Emergency
                                               shorter time as designated by the Commission.             22 17   CFR 200.30–3(a)(12).                         Review.


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                                                                               Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices                                                  20957

                                                 • Originating Office: Bureau of                          • Names and dates of birth for all                 individual circumstances and
                                               Consular Affairs, Visa Office (CA/VO).                  current and former spouses, or civil or               information they provide, that will lead
                                                 • Form Number: DS–5535.                               domestic partners;                                    U.S. consular officers at posts around
                                                 • Respondents: Immigrant and                             • Social media platforms and                       the world to conclude the applicant
                                               nonimmigrant visa applicants who have                   identifiers, also known as handles, used              warrants enhanced screening that takes
                                               been determined to warrant additional                   during the last five years; and                       into account the information that is
                                               scrutiny in connection with terrorism or                   • Phone numbers and email                          proposed to be collected. The estimate
                                               other national security-related visa                    addresses used during the last five
                                                                                                                                                             will be updated in the next request to
                                               ineligibilities.                                        years.
                                                                                                                                                             continue collecting the information
                                                 • Estimated Number of Respondents:                       Most of this information is already
                                                                                                       collected on visa applications but for a              based on experience reported by
                                               65,000 respondents.
                                                 • Estimated Number of Responses:                      shorter time period, e.g. five years rather           overseas posts. Failure to provide
                                               65,000 responses.                                       than fifteen years. Requests for names                requested information will not
                                                 • Average Time per Response: 60                       and dates of birth of siblings and, for               necessarily result in visa denial, if the
                                               minutes.                                                some applicants, children are new. The                consular officer determines the
                                                 • Total Estimated Burden Time:                        request for social media identifiers and              applicant has provided a credible
                                               65,000 annual hours.                                    associated platforms is new for the                   explanation why he or she cannot
                                                 • Frequency: Once per respondent’s                    Department of State, although it is                   answer a question or provide requested
                                               application.                                            already collected on a voluntary basis                supporting documentation, such that
                                                 • Obligation to Respond: Required to                  by the Department of Homeland                         the consular officer is able to conclude
                                               Obtain or Retain a Benefit.                             Security (DHS) for certain individuals.               that the applicant has provided
                                                 We are soliciting public comments to                  Regarding travel history, applicants may              adequate information to determine the
                                               permit the Department to:                               be requested to provide details of their              applicant’s eligibility to receive the visa.
                                                 • Evaluate whether the proposed                       international or domestic (within their               The collection of social media platforms
                                               information collection is necessary for                 country of nationality) travel, if it                 and identifiers will not be used to deny
                                               the proper functions of the Department.                 appears to the consular officer that the              visas based on applicants’ race, religion,
                                                 • Evaluate the accuracy of our                        applicant has been in an area while the
                                                                                                                                                             ethnicity, national origin, political
                                               estimate of the time and cost burden of                 area was under the operational control
                                                                                                                                                             views, gender, or sexual orientation.
                                               this proposed collection, including the                 of a terrorist organization as defined in
                                               validity of the methodology and                         section 212(a)(3)(B)(vi) of the                       Methodology
                                               assumptions used.                                       Immigration and Nationality Act, 8
                                                 • Enhance the quality, utility, and                   U.S.C. 1182(a)(3)(B)(vi). Applicants may                 Department of State consular officers
                                               clarity of the information to be                        be asked to recount or explain the                    at visa-adjudicating posts worldwide
                                               collected.                                              details of their travel, and when                     will ask the proposed additional
                                                 • Minimize the reporting burden on                    possible, provide supporting                          questions to resolve an applicant’s
                                               those who are to respond, including the                 documentation.                                        identity or to vet for terrorism or other
                                               use of automated collection techniques                     This information collection                        national security related visa
                                               or other forms of information                           implements the directive of the                       ineligibilities when the consular officer
                                               technology.                                             President, in the Memorandum for the                  determines that the circumstances of a
                                                 Please note that comments submitted                   Secretary of State, the Attorney General,             visa applicant, a review of a visa
                                               in response to this Notice are public                   the Secretary of Homeland Security of                 application, or responses in a visa
                                               records. Before including any detailed                  March 6, 2017, to implement additional                interview indicate a need for greater
                                               personal information, you should be                     protocols and procedures focused on
                                                                                                                                                             scrutiny. The additional questions may
                                               aware that your comments as submitted,                  ‘‘ensur[ing] the proper collection of all
                                                                                                       information necessary to rigorously                   be sent electronically to the applicant or
                                               including your personal information,                                                                          be presented orally or in writing at the
                                               will be available for public review.                    evaluate all grounds of inadmissibility
                                                                                                       or deportability, or grounds for the                  time of the interview. Consular officers
                                               Abstract of Proposed Collection                         denial of other immigration benefits.’’               will not request user passwords and will
                                                  The Department proposes requesting                   Consular posts worldwide regularly                    not attempt to subvert any privacy
                                               the following information, if not already               engage with law enforcement and                       controls the applicants may have
                                               included in an application, from a                      intelligence community partners to                    implemented on social media platforms.
                                               subset of visa applicants worldwide, in                 identify sets of post applicant                       Consular officers are directed not to
                                               order to more rigorously evaluate                       populations warranting increased                      engage or interact with individuals on
                                               applicants for terrorism or other                       scrutiny. The additional information                  or through social media; not to violate
                                               national security-related visa                          collected will facilitate consular officer            or attempt to violate individual privacy
                                               ineligibilities:                                        efforts to immediately apply more                     settings; and not to use social media or
                                                  • Travel history during the last fifteen             rigorous evaluation of these applicants               assess an individual’s social media
                                               years, including source of funding for                  for potential visa ineligibilities. In                presence beyond established
                                               travel;                                                 accordance with existing authorities,                 Department guidance.
                                                  • Address history during the last                    visas may not be denied on the basis of
                                               fifteen years;                                          race, religion, ethnicity, national origin,           David T. Donahue,
                                                  • Employment history during the last
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                                                                                                       political views, gender, or sexual                    Acting Assistant Secretary, Bureau of
                                               fifteen years;                                          orientation.                                          Consular Affairs, Department of State.
                                                  • All passport numbers and country                      The estimated number of respondents                [FR Doc. 2017–08975 Filed 5–3–17; 8:45 am]
                                               of issuance held by the applicant;                      represents the estimate of relevant State             BILLING CODE 4710–06–P
                                                  • Names and dates of birth for all                   Department officials that 0.5% of U.S.
                                               siblings;                                               visa applicants worldwide, or in the
                                                  • Name and dates of birth for all                    range of 65,000 individuals per annum,
                                               children;                                               will present a threat profile, based on


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Document Created: 2017-05-04 01:49:04
Document Modified: 2017-05-04 01:49:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of request for emergency OMB approval and public comment.
ContactDirect requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents to [email protected]
FR Citation82 FR 20956 

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