82 FR 36180 - 60-Day Notice of Proposed Information Collection: Supplemental Questions for Visa Applicants

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 148 (August 3, 2017)

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. 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 60 days for public comment preceding submission of the collection to OMB.

[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36180-36182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16343]


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DEPARTMENT OF STATE

[Public Notice: 10065]


60-Day Notice of Proposed Information Collection: Supplemental 
Questions for Visa Applicants

ACTION: Notice of request for public comment.

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SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
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 60 days for 
public comment preceding submission of the collection to OMB.

DATES: The Department will accept comments from the public up to 
October 2, 2017.

ADDRESSES: You may submit comments by any of 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-2017-0032'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected].
    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

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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: 1405-0226.
     Type of Request: Extension of a Currently Approved 
Collection.
     Originating Office: Bureau of Consular Affairs, Visa 
Office (CA/VO).
     Form Number: DS-5535.
     Respondents: Certain immigrant and nonimmigrant visa 
applicants worldwide who have been determined to warrant additional 
scrutiny in connection with terrorism, national security-related, or 
other visa ineligibilities.
     Estimated Number of Respondents: 65,000.
     Estimated Number of Responses: 65,000.
     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 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 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, national security-related, or other 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.
    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 continues implementation of 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 U.S. law enforcement and partners in 
the U.S. intelligence community to identify characteristics of 
applicant populations warranting increased scrutiny. The additional 
information collected will facilitate consular officer efforts to apply 
more rigorous evaluation of these applicants for 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.
    In our emergency information collection request, we stated that 
relevant State Department officials estimate 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 for visa ineligibilities. At this time, this continues to 
represent the Department's best estimate. Given the short period since 
the collection's implementation, the data from consular posts at this 
time would not represent an accurate estimate of how many applicants 
might be subject to this collection annually. A lengthier period of 
post implementation will better inform this estimate, and the 
Department will update the estimate accordingly. An updated estimate 
that reflects post experience will be provided in the Department's 30 
day notice.
    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, national security-
related, or other 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. In furtherance of this collection, consular officers are 
directed not to request user passwords; engage or interact with 
individual visa applicants on or through social media when conducting 
assessments of visa eligibility; not to violate or attempt to violate 
individual privacy settings or controls; and not to use social media or 
assess an individual's social media presence beyond established 
Department guidance. Consular staff are also directed in connection 
with this collection to take particular care to

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avoid collection of third-party information.

Edward Ramotowski,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2017-16343 Filed 8-2-17; 8:45 am]
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