[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Rules and Regulations]
[Pages 28026-28032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10651]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103 and 299
[CIS No. 2074-00; DHS Docket No. USCIS-2005-0013]
RIN 1615--AB19
Establishment of a Genealogy Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
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SUMMARY: This rule establishes a fee-for-service Genealogy Program
within U.S. Citizenship and Immigration Services (USCIS) to streamline
and improve the process for acquiring historical records of deceased
individuals. Currently, USCIS processes such requests through its
Freedom of Information Act/Privacy Act (FOIA/PA) program, thereby
adding unnecessary delays to the process.
USCIS expects that this Genealogy Program will ensure a timely
response to requests for genealogical and historical records and will
relieve
[[Page 28027]]
USCIS' FOIA/PA program of requests that do not require FOIA/PA
expertise. It will put researchers in touch with the correct staff
persons within USCIS, and it will create a dedicated queue for
genealogists and other researchers seeking access to historical
records.
DATES: This rule is effective August 13, 2008.
FOR FURTHER INFORMATION CONTACT: Marian L. Smith, Office of Records
Services (ORS), U.S. Citizenship and Immigration Services, Department
of Homeland Security, 111 Massachusetts Avenue, NW., Washington, DC
20529, telephone (202) 272-8367.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. Discussion of Comments
A. Summary of Comments
B. Response to Comments, Generally
C. Response to Comments about Fees
III. Regulatory Analyses
A. Regulatory Flexibility Act
B. Unfunded Mandates Reform Act of 1995
C. Small Business Regulatory Enforcement Fairness Act of 1996
D. Executive Order 12866
E. Executive Order 13132
F. Executive Order 12988
G. Paperwork Reduction Act
I. Background and Purpose
USCIS currently processes requests for historical records of
deceased individuals (i.e., genealogical requests) under USCIS' FOIA/PA
program. However, the demand for historical records by historical and
genealogical researchers, as well as other members of the public, has
grown dramatically over the past several years. The volume of
genealogical requests has contributed to the USCIS FOIA/PA backlog.
USCIS believes that removing genealogy research from the immense FOIA
group of ``all'' requesters would improve service to historical
researchers, genealogists, and other members of the public. It would
also greatly reduce the number of FOIA requests and improve the ability
of USCIS to respond to requests for other non-historical records and
materials.
On April 20, 2006, the Department of Homeland Security published a
proposed rule in the Federal Register (71 FR 20357), soliciting
comments from the public on the establishment of a fee-for-service
Genealogy Program in USCIS. As discussed in the proposed rule, the
Genealogy Program would accept genealogical research requests directly
from requesters. There would be two types of requests: (1) Requests for
searching the index of records if the requester is unable to identify a
specific historical record; and (2) requests for making copies of
historical records the requester can identify by file number. To make a
request, the requester would need to submit to the Genealogy Program
the appropriate request form, accompanied by any supporting
documentation and the applicable fee. The Genealogy Program would
handle the entire request/retrieval process.
II. Discussion of Comments
A. Summary of Comments
The comment period for the April 20, 2006 proposed rule closed on
June 19, 2006. USCIS received a total of thirty-three comments,
including thirty-one comments from individuals identified as either
hobbyists or professional genealogists. One of the comments came from
an umbrella organization for numerous genealogical societies worldwide.
There were twenty-eight positive remarks in favor of USCIS establishing
a Genealogy Program. In addition, USCIS received three negative
comments that objected to USCIS' establishment of a Genealogy Program.
Of the positive comments, seven requested that the Genealogy
Program have an online search capability with public access to the
index. Nine supported USCIS' proposal to remove genealogy research from
the FOIA program. One of the commenters, an umbrella organization for
genealogical societies that was in favor of creating a dedicated fee-
for-service Genealogy Program, noted the benefits of such a program.
The program would permit individuals to make requests over the
Internet, remove those requests from the FOIA program (thereby
eliminating the excessive waiting time), and support the creation of a
dedicated staff that the public can contact. This commenter noted that
the organization and its members approved of a fee-based system and
expressed hope that USCIS would balance the final fee range with the
issue of affordability for individuals seeking records.
Five commenters discussed the range of fees that USCIS proposed.
One commenter stated that fees above $10 will limit access to the
documents. A second commenter suggested that the proposed fees would
make USCIS-held records ``records of last resort,'' because a
researcher would only submit a request if it were impossible to find
the naturalization or immigration information elsewhere. A third
commenter opined that the proposed range of fees would substantially
dampen people's interest in obtaining such records and stop people from
continuing their genealogy research. This commenter further stated that
most of the people who do genealogy research are over 50 years old or
are senior citizens with finite financial resources. The fourth
commenter wrote that the proposed fees were too high for the average
genealogy researcher and suggested that fees in the $15 to $25 range
would be more affordable. The fifth commenter expressed concern that
the proposed fee range of $26 to $55 for a copy of textual
documentation is much too high for the average person to afford.
B. Response to Comments, Generally
USCIS will establish the Genealogy Program as a fee-for-service
program. USCIS will not expend any of its financial resources, which
are dedicated to its overall mission for the administration of
immigration and naturalization adjudication functions and establishing
immigration services, policies, and priorities.
In many cases, USCIS is the only government agency that will have
certain historical records that provide the missing link for which
genealogists or family historians are searching. An example is the Visa
File packet, which contains the original arrival record of immigrants
admitted for permanent residence under provisions of the Immigration
Act of 1924. The packet contains information and documents of the
immigrant's exact date and place of birth, names of parents and
children, all places of residence for five full years prior to
immigration, and photographs. In addition, some Visa packets contain
birth, marriage, and military records. USCIS will join other Federal
agencies that provide record search and document production services
(for a fee) to family researchers and genealogists.
C. Response to Comments About Fees
In the proposed rule, USCIS provided a detailed analysis about fees
and specifically requested comment on the issue of fees. 71 FR at
20363. Several commenters provided input on fees, and those comments
are summarized above. In response, USCIS provides the following
explanation on its basis for establishing fees and setting the amounts
of the fees.
In the proposed rule, USCIS proposed a fee range of $16 to $45 for
an index search and $16 to $45 for a record/file services request. 71
FR at 20362. USCIS had calculated these proposed fees in accordance
with Office of Management and Budget (OMB) Circular A-25, which
requires that user fees recover the full cost of services provided. OMB
Circular A-25, User Charges (Revised), section 6, 58 FR 38142 (July 15,
1993) (OMB Circular A-25). Full cost under
[[Page 28028]]
OMB Circular A-25 includes items such as management and personnel costs
(salaries and benefits), physical overhead, consulting, materials and
supplies, utilities, insurance, travel, and rent of building space and
equipment. As was discussed in the proposed rule, the services to be
provided under the USCIS Genealogy Program will be significantly
enhanced from what is currently provided under existing FOIA/PA
processing.
The fees that USCIS will charge to provide services that are
described in this rule will cover the costs of that enhanced service as
well as overhead items as required by OMB Circular A-25. The full cost
of this service will include the cost of research and information
collection, a description of the document, suggestions of where to
locate records from other federal or state agencies, establishment of
procedures and standards, and the issuance of regulations. Thus, the
fees must be established at a level that recovers these costs.
OMB Circular A-25 also provides that, when costs are not known,
such as when an agency is developing and implementing a new fee for a
service program, an agency may establish fees based on a study and
comparison of other comparable fee-based services provided by other
governmental entities. Since the genealogy program is new, USCIS
utilized this method of fee determination in addition to analyzing the
actual costs projected to carry out the program. No other organization
provides exactly the same service, because no other organization holds
precisely the same variety or volume of records. USCIS, however,
considered the fees charged by a few similar organizations. As stated
in the proposed rule, USCIS considered the fees charged by the Social
Security Administration, the National Archives and Records
Administration, the Department of Interior's Bureau of Land Management,
and a few state agencies.
After considering the comments received on the proposed rule, the
costs of providing this service, OMB requirements, and the fees charged
for similar services, USCIS has decided to set the search and document
reproduction fees for the Genealogy Program as follows:
Index Search: $20.
Copy of Document from Microfilm: $20.
Copy of Textual File: $35.
Chart 1 lists the records that the public would be able to request
from the Genealogy Program versus the records that the public would be
able to request from the FOIA/PA program.
Chart 1
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Genealogy program FOIA/PA program
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Files of deceased subjects. (Provided Files of living subjects.
files are defined as historical
records.)
Naturalization Certificate Files (C- Naturalization records on or
Files) from 9/27/1906 to 4/1/1956. after 4/1/1956.
Visa Files from 7/1/1924 to 3/31/1944 Visa records on or after 5/1/
and Visa records from 3/31/1944 to 5/1/ 1951 in A-Files.
1951 in A-files.
A-Files below 8 million and documents A-files above 8 million and
therein dated prior to 5/1/1951. documents therein dated on or
after 5/1/1951.
Registry Files from 3/2/1929 to 3/31/ Registry records on or after 5/
1944 and registry records from 4/1/ 1/1951 in A-Files.
1944 to 4/30/1951 in A-files.
AR-2 Files from 8/1/1940 to 3/31/1944 Alien Registration Forms on or
and Alien Registration Forms from 3/31/ after 5/1/1951 in A-Files.
1944 to 4/30/1951 in A-Files.
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III. Regulatory Analyses
A. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), DHS certifies that this rule will not have a significant
economic impact on a substantial number of small entities because of
the following factors:
This rule affects professional genealogists and other members of
the public requesting historical records from USCIS. The main source of
genealogy requests comes from individuals doing personal research,
rather than from small entities, such as professional genealogists.
``The Washington Post'' reported that seventy-three percent of
Americans have an interest in their family history, according to a 2005
study conducted by Market Strategies, Inc., a syndicated research firm
based in Livonia, Michigan, and MyFamily.com, an online network of
genealogical tools based in Provo, Utah. ``The Wall Street Journal''
described genealogy as a $200 million per year industry ranging from
individual researchers to multi-million dollar companies.
In addition, the growth of the Internet has spurred interest in
genealogy and a rapidly growing number of hobbyists pursuing genealogy.
According to the ``Occupational Outlook Quarterly'' (Bureau of Labor
Statistics, Fall 2000), a 1997 survey of certified genealogists found
that 57 percent work part-time, 34 percent work full-time, and 9
percent are hobbyists. In 2001, there were over 300 certified
genealogists, and currently, the Association of Professional
Genealogists has 1,600 members worldwide (http://www.apgen.org). The
National Genealogical Society notes:
Some professional genealogists are employed as librarians,
archivists, editors or research assistants to established
professionals; others work for genealogical firms. Most, however,
choose self-employment-learning business principles to ensure the
success of their genealogical practice. As with other
entrepreneurial fields, most make the move gradually from their
original field of employment, building a practice--be it a client
base, writing outlets, or some other venue--before moving full-time
into genealogy. Some make this career switch in mid-life. Others
choose genealogy as a second career upon retirement from their first
one. Because genealogical degree programs are still relatively rare,
only a few enjoy the opportunity to make genealogy their first
career. No accurate count exists for the number of individuals
employed as genealogists, full-time and part-time (http://www.ngsgenealogy.org/articles/profession.cfm).
With the growth of the Internet, the number of individuals and
hobbyists has grown at a much faster rate. Much of the growth in
genealogy as a sector arises from providing individuals with the means
of conducting their own family history research through online
databases and research tools. The growing dominance of individual
hobbyists suggests that individuals rather than professionals are the
primary requesters of historical records. Professional genealogists
tend to be hired when individuals hit a ``brick wall,'' or encounter a
particular problem that they cannot resolve. This suggests that
professional researchers tend to focus on aspects of genealogy research
[[Page 28029]]
other than the standard index searches or record requests that would be
submitted to the USCIS Genealogy Program.
In each of the past 4 years, USCIS has received an average of
10,000 combined index search and/or records requests for historical
records through the FOIA program. For purposes of counting records,
USCIS counts each request for a record search as one request. Based on
an estimated increase in the demand for historical information and the
fact that the Genealogy Program will treat index search requests and
records requests as separate rather than combined requests, DHS expects
the total number of genealogy requests to be significantly higher than
when the FOIA Program handled genealogical requests. DHS estimates that
it will receive a combined total of 26,597 genealogy requests,
including 15,250 index search requests, 6,619 requests for microfilm
records, and 4,728 requests for textual records.
DHS has determined that individuals make requests for historical
records. If professional genealogists and researchers have submitted
such requests, they are not identifying themselves as commercial
requesters and thus cannot be segregated in the data. Genealogists
typically advise clients on how to submit their own requests. Reasons
for this practice include the time required for a response to the
request and the belief that records are more releasable to a relative
rather than an unrelated third party.
Based on discussions with professional genealogists, USCIS believes
that professional genealogists and researchers who fall under the
approved definition from the Small Business Association definition of a
small entity in this category (i.e., All Other Professional,
Scientific, and Technical Services with annual average receipts of $6
million or less) generate well below 5 percent of the total number of
requests. If USCIS assumes that professional genealogists and
researchers account for 5 percent of the requests, and these costs are
borne exclusively by the 1,600 members of the Association of
Professional Genealogists, the average impact would be $18.84 per year.
This figure was derived by multiplying the total cost of the rule
$602,860 by .5% (the percentage of small entities) and divided by 1,600
(the number of small entities.)
These practices arise from the nature of the genealogy sector.
Professional genealogists charge from $10 to $100 per hour, with an
average of $30 to $60 per hour, according to the Association of
Professional Genealogists (http://www.apgen.org/articles/hire.html).
Expenses, such as record requests and copies, are often charged to the
client as an additional expense. The fees established with this rule
could be passed along as a direct expense to the professional
genealogists' client, thus no significant economic impact would be
borne by the professional genealogist. Specialists typically charge a
relatively higher fee. (http://www.progenealogists.com/compare.htm). In
addition, many professionals require a retainer of $300 to $500. See
Sue P. Morgan, ``What You Should Know Before Hiring a Professional
Genealogist,'' available at http://www.genservices.com/docs/HiringAPro.htm.
Depending on the depth of the research, the fees for a genealogical
study can be substantial. This does not suggest a substantial burden on
researchers. Given the low number of professional genealogists and
researchers that would be impacted by this rule, the resulting degree
of economic impact would not require DHS to perform Regulatory
Flexibility Analysis.
B. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
C. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
D. Executive Order 12866
It has been determined that this rule is not a significant
regulatory action under section 3(f) of Executive Order 12866,
Regulatory Planning and Review. Nonetheless, USCIS has assessed both
the costs and benefits of this rule and has determined that the
benefits of this regulation justify its costs. The anticipated benefits
of this rule are: (1) Relieve the FOIA/PA program from burdensome
requests that require no FOIA/PA expertise; (2) place requesters and
the Genealogy staff in direct communication; (3) provide a dedicated
queue and point of contact for genealogists and other researchers
seeking access to those records described as historical records; (4)
generate sufficient revenue to cover expenses as a fee for service
program; and (5) reduce the time it takes for USCIS to respond to these
genealogy requests.
The cost to the public of this rule will be $20 for a request for
an index search, $20 for a request for a copy of a file on microfilm,
and $35 for a request for a copy of a textual file. USCIS is authorized
to charge a fee to recover the full costs of providing research and
information services under section 286(t) of the Immigration and
Nationality Act, 8 U.S.C. 1356(t). Other sources exist for many types
of genealogical research, and it is not evident that every search by a
genealogist would require access to the Genealogy Program at USCIS.
Based upon these fees, it is possible to approximate the impact of
fees on individual and professional genealogists and researchers. USCIS
expects to receive approximately 15,250 genealogical (name) index
search requests per year, which, at $20 per search, would yield
$305,000; in addition, there would be a total of 6,619 requests for
microfilmed records, and 4,728 requests for textual records (i.e., hard
copy files). The fee for microfilmed records would yield $132,380. The
fee to pull textual records would yield $165,480. Therefore, the total
fees collected by the Genealogy Program should yield $602,860.
Establishing the Genealogy Program will benefit both individuals
and researchers making genealogy requests for historical records as
well as those seeking information under the current FOIA/PA program,
because it will allow for a more timely response for both sets of
requests. USCIS estimates that it received an average of 10,000
combined index search and record requests per year for genealogical
information in each of the past 4 fiscal years through the existing
FOIA/PA program. USCIS can release these records without redaction or
withholding, eliminating the need for FOIA/PA analysis. A program
specifically designed to handle these requests would expedite the
process and improve services to historical researchers, genealogists
and the general public. For example, the rule does not increase
information collection
[[Page 28030]]
requirements of the rule. In fact, the introduction of e-filing
presents an opportunity to simplify the information collection process
and expedite handling. At the same time, the resources of the FOIA/PA
program could be applied more efficiently to requests more directly
related to immigration, citizenship, or naturalization benefits that
require more detailed FOIA/PA analysis.
E. Executive Order 13132
This rule will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, USCIS has determined that this rule does not
have federalism implications to warrant the preparation of a federalism
summary impact statement. It provides for alternate document handling
procedures that do not implicate state government.
F. Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
G. Paperwork Reduction Act
The Office of Management and Budget approved the information
collection requirements for the use of Forms G-1041, Genealogy Search
Request, and G-1041A, Genealogy Records Request, contained in this
rule. The OMB control number for this collection is 1615-0096.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of Information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
8 CFR Part 299
Immigration, Reporting and recordkeeping requirements.
0
Accordingly, chapter I of title 8 of the Code of Federal Regulations is
amended as follows:
PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS
0
1. The authority citation for part 103 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1
et seq.), E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166;
8 CFR part 2.
0
2. Section 103.7 is amended by:
0
a. Adding the entries ``Form G-1041'' and ``Form G-1041A'' in proper
alpha/numeric sequence, in paragraph (b)(1); and by
0
b. Revising the fifth sentence in paragraph (c)(1).
The additions and revision read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
Form G-1041. For filing a request for a search of indices to
historical records to be used in genealogical research--$20. The search
fee is not refundable.
Form G-1041A. For filing a request for a copy of historical records
to be used in genealogical research--$20 for each file copy from
microfilm or $35 for each file copy from a textual record. In some
cases, the researcher may be unable to determine the fee, because the
researcher will have a file number obtained from a source other than
the USCIS Genealogy Program and therefore not know the format of the
file (microfilm or hard copy). In this case, if USCIS locates the file
and it is a textual file, the Genealogy Program will notify the
researcher to remit the additional $15. The Genealogy Program will
refund the records request fee only when it is unable to locate the
file previously identified in response to the index search request.
* * * * *
(c) * * *
(1) * * * The fees for Form I-907, Request for Premium Processing
Services, and for Forms G-1041 and G-1041A, Genealogy Program request
forms, may not be waived.
* * * * *
0
3. Section 103.38 is added to read as follows:
Sec. 103.38 Genealogy Program.
(a) Purpose. The Department of Homeland Security, U.S. Citizenship
and Immigration Services Genealogy Program is a fee-for-service program
designed to provide genealogical and historical records and reference
services to genealogists, historians, and others seeking documents
maintained within the historical record systems.
(b) Scope and limitations. Sections 103.38 through 103.41 comprise
the regulations of the Genealogy Program. These regulations apply only
to searches for and retrieval of records from the file series described
as historical records in 8 CFR 103.39. These regulations set forth the
procedures by which individuals may request searches for historical
records and, if responsive records are located, obtain copies of those
records.
0
4. Section 103.39 is added to read as follows:
Sec. 103.39 Historical Records.
Historical Records are files, forms, and documents now located
within the following records series:
(a) Naturalization Certificate Files (C-Files), from September 27,
1906 to April 1, 1956. Copies of records relating to all U.S.
naturalizations in Federal, State, county, or municipal courts,
overseas military naturalizations, replacement of old law
naturalization certificates, and the issuance of Certificates of
Citizenship in derivative, repatriation, and resumption cases. The
majority of C-Files exist only on microfilm. Standard C-Files generally
contain at least one application form (Declaration of Intention and/or
Petition for Naturalization, or other application) and a duplicate
certificate of naturalization or certificate of citizenship. Many files
contain additional documents, including correspondence, affidavits, or
other records. Only C-Files dating from 1929 onward include
photographs.
(b) Microfilmed Alien Registration Forms, from August 1, 1940 to
March 31, 1944. Microfilmed copies of 5.5 million Alien Registration
Forms (Form AR-2) completed by all aliens age 14 and older, residing in
or entering the United States between August 1, 1940 and March 31,
1944. The two-page form called for the following information: Name;
name at arrival; other names used; street address; post-office address;
date of birth; place of birth; citizenship; sex; marital status; race;
height; weight; hair and eye color; date, place, vessel, and class of
admission of last arrival in United States; date of first arrival in
United States; number of years in United States; usual occupation;
present occupation; name, address, and business of present employer;
membership in clubs, organizations, or societies; dates and nature of
military or naval service; whether citizenship papers filed, and if so
date, place, and court for declaration or petition; number of relatives
living in the United States; arrest record, including date, place, and
disposition of each arrest; whether or not affiliated with a foreign
government; signature; and fingerprint.
(c) Visa Files, from July 1, 1924 to March 31, 1944. Original
arrival records of immigrants admitted for permanent residence under
provisions of the Immigration Act of 1924. Visa forms contain all
information normally found on a ship passenger list of the period,
[[Page 28031]]
as well as the immigrant's places of residence for 5 years prior to
emigration, names of both the immigrant's parents, and other data. In
most cases, birth records or affidavits are attached to the visa, and
in some cases, marriage, military, or police records may also be
attached to the visa.
(d) Registry Files, from March 2, 1929 to March 31, 1944. Original
records documenting the creation of immigrant arrival records for
persons who entered the United States prior to July 1, 1924, and for
whom no arrival record could later be found. Most files also include
documents supporting the immigrant's claims regarding arrival and
residence (e.g., proofs of residence, receipts, and employment
records).
(e) Alien-Files numbered below 8 million (A8000000), and documents
therein dated prior to May 1, 1951. Individual alien case files (A-
files) became the official file for all immigration records created or
consolidated after April 1, 1944. The United States issued A-numbers
ranging up to approximately 6 million to aliens and immigrants who were
within or entered the United States between 1940 and 1945. The United
States entered the 6 million and 7 million series of A-numbers between
circa 1944 and May 1, 1951. Any documents dated after May 1, 1951,
though found in an A-File numbered below 8 million, will remain subject
to FOIA/PA restrictions.
0
5. Section 103.40 is added to read as follows:
Sec. 103.40 Genealogical Research Requests.
(a) Nature of requests. Genealogy requests are requests for
searches and/or copies of historical records relating to a deceased
person, usually for genealogy and family history research purposes.
(b) Manner of requesting genealogical searches and records.
Requests must be submitted on Form G-1041, Genealogy Index Search
Request, or Form G-1041A, Genealogy Records Request, and mailed to the
address listed on the form. Beginning on August 13, 2008, USCIS will
accept requests electronically through its Web site at http://www.USCIS.gov. A separate request on Form G-1041 must be submitted for
each individual searched, and that form will call for the name,
aliases, and all alternate spellings relating to the one individual
immigrant. Form G-1041A may be submitted to request one or more
separate records relating to separate individuals.
(c) Information required to perform index search. As required on
Form G-1041, all requests for index searches to identify records of
individual immigrants must include the immigrant's full name (including
variant spellings of the name and/or aliases, if any), date of birth,
and place of birth. The date of birth must be at least as specific as a
year, and the place of birth must be at least as specific as a country
(preferably the country name as it existed at the time of the
immigrant's immigration or naturalization). Additional information
about the immigrant's date of arrival in the United States, residence
at time of naturalization, name of spouse, and names of children may be
required to ensure a successful search.
(d) Information required to retrieve records. As required on Form
G-1041A, requests for copies of historical records or files must
identify the record by number or other specific data used by the
Genealogy Program Office to retrieve the record. C-Files must be
identified by a naturalization certificate number. Forms AR-2 and A-
Files numbered below 8 million must be identified by Alien Registration
Number. Visa Files must be identified by the Visa File Number. Registry
Files must be identified by the Registry File Number (for example, R-
12345).
(e) Information required for release of records. Subjects will be
presumed deceased if their birth dates are more than 100 years prior to
the date of the request. In other cases, the subject is presumed to be
living until the requestor establishes to the satisfaction of the
Genealogy Program Office that the subject is deceased. As required on
Form G-1041A, primary or secondary documentary evidence of the
subject's death will be required (including but not limited to death
records, published obituaries or eulogies, published death notices,
church or bible records, photographs of gravestones, and/or copies of
official documents relating to payment of death benefits). All
documentary evidence must be attached to Form G-1041A or submitted in
accordance with instructions provided on Form G-1041A.
(f) Processing of index search requests. This service is designed
for customers who are unsure whether USCIS has any record of their
ancestor, or who suspect a record exists but cannot identify that
record by number. Each request for index search services will generate
a search of the indices to determine the existence of responsive
historical records. If no record is found, USCIS will notify the
customer accordingly. If records are found, USCIS will provide the
customer with the search results, including the type of record found
and the file number or other information identifying the record. The
customer can use this information to request a copy of the record(s).
(g) Processing of record copy requests. This service is designed
for customers who can identify a specific record or file to be
retrieved, copied, reviewed, and released. Customers may identify one
or more files in a single request. However, separate fees will apply to
each file requested. Upon receipt of requests identifying specific
records by number or other identifying information, USCIS will
retrieve, review, duplicate, and then mail the record(s) to the
requester. It is possible that USCIS will find a record that contains
data that is not releasable to the customer. An example would be names
and birth dates of persons who might be living. The FOIA/PA only
permits release of this type of information when the affected
individual submits a release authorization to USCIS. Therefore, the
Genealogy Program Office will contact and inform the customer of this
requirement. The customer will have the opportunity to submit the
release authorization. The customer can also agree to the transfer of
the document request to the FOIA/PA program for treatment as a FOIA/PA
request as described in 6 CFR Part 5. Document retrieval charges will
apply in all cases where documents are retrieved.
0
6. Section 103.41 is added to read as follows:
Sec. 103.41 Genealogy request fees.
(a) Genealogy search fee. See 8 CFR 103.7(b)(1).
(b) Genealogy records fees. See 8 CFR 103.7(b)(1).
(c) Manner of submission. When a request is submitted online,
credit card payments are required. These payments will be processed
through the Treasury Department's Pay.Gov financial management system.
Cashier's checks or money orders in the exact amount must be submitted
for requests submitted with Form G-1041 or Form G-1041A in accordance
with 8 CFR 103.7(a)(1). Personal Checks will not be accepted.
PART 299--IMMIGRATION FORMS
0
7. The authority citation for part 299 continues to read as follows:
Authority: 8 U.S.C. 1101 and note, 1103; 8 CFR part 2.
0
8. Section 299.1 is amended in the table by adding ``G-1041'' and ``G-
1041A'', in proper alpha/numeric sequence, to read as follows:
Sec. 299.1 Prescribed forms.
* * * * *
[[Page 28032]]
------------------------------------------------------------------------
Form No. Edition date Title
------------------------------------------------------------------------
* * * * * * *
G-1041........................ 11/15/06 Genealogy Index Search
Request.
G-1041A....................... 11/15/06 Genealogy Records
Request.
* * * * * * *
------------------------------------------------------------------------
0
9. Section 299.5 is amended in the table by adding entries for Forms
``G-1041'' and ``G-1041A'', in proper alpha/numeric sequence, to read
as follows:
Sec. 299.5 Display of control numbers.
* * * * *
------------------------------------------------------------------------
Currently assigned
Form No. Form title OMB control No.
------------------------------------------------------------------------
* * * * * * *
G-1041...................... Genealogy Index 1615-0096
Search Request.
G-1041A..................... Genealogy Records 1615-0096
Request.
* * * * * * *
------------------------------------------------------------------------
Michael Chertoff,
Secretary.
[FR Doc. E8-10651 Filed 5-14-08; 8:45 am]
BILLING CODE 9111-97-P