Notice of Disposition of Electronic Scanning and Storage of Certain Nonimmigrant Records, 44309-44310 [E8-17447]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44309-44310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17447]


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DEPARTMENT OF STATE

[Public Notice: 6304]


Notice of Disposition of Electronic Scanning and Storage of 
Certain Nonimmigrant Records

SUMMARY: The Department has determined that electronic scanned records 
of Category I nonimmigrant visa refusals and nonimmigrant visa 
applications (Form DS-156 [OMB-1405-018]) are to be treated as the 
official or original records of the Department of State. In accordance 
with The Government Paperwork Elimination Act (GPEA), the Department's 
scanned records are not to be denied legal effect, validity, or 
enforceability merely because they are in electronic form.
    In October 21, 1998, Congress enacted the Government Paperwork 
Elimination Act (GPEA) which required, when practicable, Federal 
agencies to use electronic processes to conduct agency business. The 
purpose of the GPEA was to preclude agencies or courts from 
systematically treating electronic documents and signatures less 
favorably than their paper counterparts. In accordance with the GPEA, 
the Department of State launched the electronic scanning initiative in 
October 2001, which began the scanning of Category I nonimmigrant visa 
refusal paper records at selected posts. By May 2004, the Department of 
State expanded this scanning initiative to all posts. As of March 31, 
2008, the Department has maintained the scanning of all Category I 
nonimmigrant visa refusal paper records and has also expanded its 
scanning initiative to include the scanning of nonimmigrant visa 
applications (Form DS-156 [OMB-1405-0018]) at selected high-volume 
posts.
    By expanding the scanning initiative, the Department of State seeks 
to:
     Reduce costs associated with physical storage and improve 
access to these records with an electronic information management (EIM) 
interface.
     Manage millions of records and retrieve the ones that are 
needed expeditiously.
     Share documents with other offices or access them remotely 
while protecting confidential information.
     Create reports relating to case management, workload, and 
level-of-effort quantifications.

Will these records be considered ``official'' for all purposes?

    Yes. Since the scanned, electronically stored records replicates 
the original paper documents, the scanned versions are to be considered 
the official or original records for all legal and other purposes.

What are ``Category I'' records?

    Generally, but not always, Category I refusals are permanent in 
nature, as opposed to Category II refusals that are based on 
circumstances that may change and allow an applicant to overcome his or 
her visa ineligibility.
    For example, a case involving a person convicted of a crime 
involving moral turpitude would be entered as a Category I refusal 
because the basis for the finding of ineligibility is predicated on a 
permanent condition, i.e., the conviction. However, the case of a 
person who is determined by a consular officer to be ineligible for a 
visa as a result of having incurred one year or more of unlawful 
presence in the United States would be entered as a Category II refusal 
because an ineligibility on that ground remains in effect for ten years 
following the person's departure or removal from the United States, and 
thereafter would not provide a basis for a refusal.

Under what authority is the Department of State converting these 
records?

    Section 1732 of Title 28 of the United States Code (Record made in 
regular course of business; photographic copies) establishes the 
admissibility of electronic (copied) documents.

Is the electronic conversion of these documents temporary or permanent?

    The Department has determined that the electronic conversion of 
Category I records is to be permanent.

Will these records be readily available for review?

    No. In compliance with existing statutory requirements, these 
records are generally available only for internal use with respect to 
the issuance or denial of visas or permits to enter the United

[[Page 44310]]

States or shared with Executive Branch authorities charged with 
administrating or enforcing the laws of the United States exclusively 
for such purposes. Section 222(f) of the Immigration and Nationality 
Act stipulates that, except as it relates to the discretionary 
authority of the Secretary of State to provide information to a court 
or a foreign government, the records of the Department of State and of 
diplomatic and consular offices of the United States pertaining to the 
issuance or refusal of visas or permits to enter the United States 
shall be considered confidential and shall be used only for the 
formulation, amendment, administration, or enforcement of the 
immigration, nationality, and other laws of the United States.

FOR FURTHER INFORMATION CONTACT: Partap Singh Verma, of the Office of 
Visa Services, U.S. Department of State, 2401 E. St., NW., L-603, 
Washington, DC 20522, who may be reached at (202) 663-1203.

    Dated: July 21, 2008.
Janice Jacobs,
Assistant Secretary, Consular Affairs, Department of State.
[FR Doc. E8-17447 Filed 7-29-08; 8:45 am]
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