Privacy Act of 1974; Department of Homeland Security U.S. Immigration and Customs Enforcement-001 Student and Exchange Visitor Information System (SEVIS) System of Records, 412-417 [E9-31268]
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are stored in a database
on magnetic disk and tape. A record, or
any part thereof, may be printed and
stored in the applicant’s A-file.
RETRIEVABLITY:
Records are indexed and retrievable
by name and/or A-file number.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
The system maintains a real-time
auditing function of individuals who
access the system. Additional
safeguards may vary by component and
program.
RETENTION AND DISPOSAL:
The following USCIS proposal for
retention and disposal is pending
approval by NARA:
Master File automated records will be
maintained for 25 years after the case is
closed, and then archived at the DOJ
Data Processing Center or its designated
successor, for 75 years and then
destroyed. Copies of system data may be
stored in the individual’s Alien File
(NCI–85–80–5/1).
Reports used to facilitate case
processing that contains personally
identifiable information will be
maintained at Headquarters and Asylum
Field Offices and destroyed when no
longer needed.
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SYSTEM MANAGER AND ADDRESS:
The Chief of the Asylum Division,
Refugee, Asylum and International
Operations Directorate, U.S. Citizenship
and Immigration Services, Suite 3300,
20 Massachusetts Avenue, NW.,
Washington, DC 20529.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. However,
USCIS will consider individual requests
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to determine whether or not information
may be released. Thus, individuals
seeking notification of and access to any
record contained in this system of
records, or seeking to contest its
content, may submit a request in writing
to the Headquarters or component’s
FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’ If
an individual believes more than one
component maintains Privacy Act
records concerning him or her the
individual may submit the request to
the Chief Privacy Officer, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0655,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
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RECORD SOURCE CATEGORIES:
Records are obtained from the
individuals who are the subject of these
records. Information contained in this
system may also be supplied by DHS,
other U.S. Federal, State, tribal, or local
government agencies, foreign
government agencies, and international
organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 29, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–31267 Filed 1–4–10; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0104]
Privacy Act of 1974; Department of
Homeland Security U.S. Immigration
and Customs Enforcement—001
Student and Exchange Visitor
Information System (SEVIS) System of
Records
Privacy Office, DHS.
Modification to an existing
system of records.
AGENCY:
ACTION:
SUMMARY: The Department of Homeland
Security U.S. Immigration and Customs
Enforcement is modifying an existing
system of records titled Student and
Exchange Visitor Information System
(Mar. 22, 2005), to reflect proposed
changes in the personal information that
will be collected and maintained on
individuals. In conjunction with its
development and launch of the next
generation Student and Exchange
Visitor Information System application,
called Student and Exchange Visitor
Information System II, U.S. Immigration
and Customs Enforcement is modifying
the Student and Exchange Visitor
Information System system of records
notice to propose the collection of
additional information on students,
exchange visitors, and their dependents
who are in the U.S. on F, M, or J classes
of admission (F/M/J nonimmigrants),
and officials of approved schools for
and designated sponsors of F/M/J
nonimmigrants. Like its predecessor,
Student and Exchange Visitor
Information System II is an information
system that tracks and monitors F/M/J
nonimmigrants throughout the duration
of approved participation within the
U.S. education system or designated
exchange visitor program. This Student
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and Exchange Visitor Information
System II system of records notice
updates categories of individuals;
categories of records; purpose of the
system; routine uses; policies and
practices for storing, retrieving,
accessing, retaining, and disposing of
records in the system; and record access
procedures. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice. A Privacy
Impact Assessment on Student and
Exchange Visitor Information System II
that describes the new system in detail
is being published concurrently with
this notice.
DATES: Submit comments on or before
February 4, 2010. This amended system
will be effective February 4, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0104 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: ITMB
Chief, ICE Student and Exchange Visitor
Program, 2450 Crystal Drive, Tower 1
9th Floor, Arlington, VA 22201, by
telephone (703) 603–3400 or by
facsimile (703) 603–3598. For privacy
issues please contact: Mary Ellen
Callahan (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to Section 641 of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996, Public Law
104–208, 110 Stat. 3009, as amended,
and other statutes, Congress mandated
that the Department of Homeland
Security (DHS) in consultation with the
Department of State (DOS) develop a
national system to collect and maintain
pertinent information on nonimmigrant
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students, exchange visitors, and their
dependents admitted to the U.S. under
an F, M, or J class of admission (F/M/
J nonimmigrants), and the schools and
exchange visitor program sponsors that
host these individuals in the United
States. In accordance with that mandate
the Immigration and Naturalization
Service, the predecessor to U.S.
Immigration and Customs Enforcement
(ICE), developed the Student and
Exchange Visitor Information System
(SEVIS) and deployed the system in
January 2003. In 2005, after SEVIS was
transferred to ICE, DHS published a
system of records notice (SORN) titled
DHS/ICE–001, Student and Exchange
Visitor Information System, (70 FR
14477, Mar. 22, 2005), and a PIA that
described the SEVIS application and
data.
Currently, ICE is developing the next
generation SEVIS system, called SEVIS
II, which will serve the same purpose
and provide the same capabilities as the
original system, plus additional features
such as user accounts for F/M/J
nonimmigrants. SEVIS II will deploy in
two phases; the first phase will occur in
early 2010 and will allow SEVIS II
users, such as students, exchange
visitors, schools and sponsors, to
establish their SEVIS II customer
accounts on a voluntary basis. The
personal data collected from individuals
during the first phase is limited to user
account data. The first phase will also
support the periodic migration of SEVIS
data to SEVIS II. During the first phase,
users that elect to establish SEVIS II
accounts may view their migrated
record and request correction of any
incorrect information. The original
SEVIS system will remain operational
during the first phase.
The second and final phase of SEVIS
II deployment will occur at a date yet
to be determined. This phase will
implement all other SEVIS II
functionality as described in this PIA
and SEVIS II will become the system of
record in which all student and
exchange visitor transactions described
in this PIA will occur. With the full
deployment of SEVIS II, ICE will
migrate all data from and retire the
original SEVIS system. ICE will retain a
copy of the original SEVIS dataset
separate from SEVIS II for seven (7)
years in case it is needed for reference
or to repopulate the SEVIS II system if
a problem is identified with the data
migration.
DHS is updating this notice to include
the following substantive changes: (1)
An update to the categories of
individuals to include perspective and
former nonimmigrants and their
dependents to the U.S. on a F, M, or J
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class of admission; (2) categories of
records to include the addition of SEVIS
II account requirements; (3) purpose of
the system to include the ability to
identify and act on potential violations
by schools, sponsors, and F, M, or J
nonimmigrants; (4) several routine uses
were updated to reflect the standard
DHS routine uses; (5) the addition of
routine uses to (a) permit disclosure of
SEVIS data to relevant parties in
litigation, including the courts, parties,
opposing counsel and witnesses, (b)
provide for other litigation disclosures,
including during the course of
settlement negotiations, (c) allow to
disclose information to foreign
governments about their citizens or
permanent residents during a disaster or
health emergency, (d) allow SEVIS to
verify an F/M/J nonimmigrant’s
information when payment is made, and
ensure it is credited to the right person,
(e) allow Student and Exchange Visitors
Program and schools/sponsors to
exchange data to assist in the functions
necessary to process and monitor
individuals in the program, (f) allow for
disclosure of SEVIS data to the DOS’s
Consolidated Consular Database (CCD)
for use by consular officers and other
CCD users, (g) support sharing with
government agencies for the research
and development software and
technologies to the Student and
Exchange Visitor Program; and (6)
policies and practices for storing
retrieving, accessing, retaining, and
disposing of records in the system.
The new SEVIS II system will
maintain personal information on
officials of approved schools and
designated sponsors that host F/M/J
nonimmigrant students and exchange
visitors. It also will maintain personal
information on F/M/J nonimmigrants.
The personal information collected
under SEVIS II will be somewhat
different than under the original SEVIS
system. New personal data elements
will be collected from F/M/J
nonimmigrants and school/exchange
visitor sponsor officials; the new data
will primarily be used to establish
SEVIS II user accounts for these
individuals. In addition, limited
personal information that was collected
and maintained in the original SEVIS
system will not be used by SEVIS II and
therefore will not be migrated to the
new system (i.e., Social Security
Numbers, driver’s license information).
In accordance with the Privacy Act of
1974 (Privacy Act), 5 U.S.C. 552a, the
DHS is amending DHS/ICE–001,
Student and Exchange Visitor
Information System (SEVIS) SORN, to
reflect changes in the personal
information that will be maintained
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with the deployment of SEVIS II. This
amended system of records supports
ICE’s mandate to track and monitor F/
M/J nonimmigrants throughout the
duration of approved participation
within the U.S. education system or
designated exchange visitor program.
The collection and maintenance of the
information described in this amended
SORN assists ICE and DOS’s Bureau of
Educational and Cultural Affairs in
meeting their obligations and legislative
mandate. This amended SORN is being
published concurrently with the SEVIS
II PIA. Pursuant to the final rule that
exempts the SEVIS SORN from certain
requirements of the Privacy Act (73 FR
63057, Oct. 23, 2008), portions or all of
these records may be exempt from
disclosure pursuant to 5 U.S.C.
552a(k)(2).
Consistent with DHS’s information
sharing mission, information stored in
SEVIS II may be shared with other DHS
components, as well as appropriate
Federal, State, local, Tribal, foreign, or
international government agencies. This
sharing will only take place after DHS
determines that the receiving
component or agency has a need to
know the information to carry out
national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this SORN.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
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character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to their
records are put, and to assist individuals
to more easily find such files within the
agency. Below is the description of
DHS/ICE–001, Student and Exchange
Visitor Information System (SEVIS)
system of records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
System of Records
DHS/ICE–001
SYSTEM NAME:
Student and Exchange Visitor
Information System (SEVIS).
SECURITY CLASSIFICATION:
Unclassified, sensitive.
SYSTEM LOCATION:
Records in the SEVIS II application
are maintained in electronic form in a
government-secured facility located in
Rockville, Maryland and at a
contingency site.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include: (1) Prospective,
current and former nonimmigrants to
the U.S. on an F–1, M–1, or J–1 class of
admission and their dependents who
have been admitted under an F–2, M–
2, or J–2 class of admission (collectively,
F/M/J nonimmigrants); (2) a proxy,
parent or guardian of an F/M/J
nonimmigrant; and (3) officials, owners,
chief executives, and legal counsel of
Student and Exchange Visitor Program
(SEVP)-certified schools and designated
exchange visitor sponsors.
F nonimmigrants are foreign students
pursuing a full course of study in a
college, university, seminary,
conservatory, academic high school,
private elementary school, other
academic institution, or language
training program in the U.S. that SEVP
has certified to enroll foreign students.
M nonimmigrants are foreign students
pursuing a full course of study in a
vocational or other recognized
nonacademic institution (e.g., technical
school) in the U.S. that SEVP has
certified to enroll foreign students. J
nonimmigrants are foreign nationals
selected by a sponsor that the
Department of State (DOS) has
designated to participate in an exchange
visitor program in the U.S.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
Biographical information for F/M/J
nonimmigrants and school/sponsor
officials used in the creation of SEVIS
II user accounts, specifically names;
U.S. domestic address; foreign address
(F/M/J nonimmigrants only); date of
birth; birth country and city; country of
citizenship; country of legal permanent
residence; username; e-mail addresses;
the DHS-assigned Immigrant
Identification Number (IIN); Alien
Registration Number (A–Number) (for
school/sponsor officials who are U.S.
lawful permanent residents only);
National Identity Number (for F/M/J
nonimmigrants only); and passport
information (number, issuing country,
expiration date). This information
would also be collected for any proxy,
parent or guardian for an F/M/J
nonimmigrant who is unable to create
their own account due to age (under 13
years old), disability, or other reasons.
The proxy, parent, or guardian would
first need to create their own SEVIS II
account before they could create an
account for the F/M/J nonimmigrant.
F–1, M–1, or J–1 nonimmigrant
educational and financial information,
specifically program of study; school
registration information; program
completion or termination information;
transfer information; leave of absence
information and study abroad;
extensions; change of education level;
student ID number; I–901 fee payment
information; and financial information
(for F/M nonimmigrants, financial
information includes data on source of
funds—personal or school, and average
annual cost—tuition, books, fees, and
living expenses; for J nonimmigrants
financial information includes total
estimated financial support, financial
organization name and support
amount).
F/M/J nonimmigrant status and
benefit information, specifically the
DHS-assigned Fingerprint Identification
Number (for individuals 14 years of age
and older); U.S. visa number, issuing
country, expiration date; class of
admission; immigrant benefit
application information (primarily
reinstatement, employment
authorization, 212e waiver, etc.); and
arrival and departure information (port
of entry, date of entry/exit).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 104–208, Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996; Public Law
106–215, Immigration and
Naturalization Service Data
Management Improvement Act of 2000;
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Public Law 106–396, Visa Waiver
Permanent Program Act of 2000; Public
Law 107–56, USA PATRIOT Act; and
Public Law 107–173, Enhanced Border
Security and Visa Entry Reform Act of
2002. The collection of information is
mandated by 8 CFR 214.2 (f), (j), (m), 8
CFR 214.3, 8 CFR 214.4, and 22 CFR
part 62.
PURPOSE(S):
The purpose of this system of records
is to track F, M and J nonimmigrants
and their dependents during their stay
in the U.S. This system allows DHS and
DOS to administer the student and
exchange visitor programs by certifying
and designating schools and sponsors
and ensuring their ongoing compliance
with Federal requirements and
regulations. The system also enables
DHS and DOS to monitor the progress
and status of lawfully admitted F/M/J
nonimmigrants residing in the United
States, to ensure they comply with the
obligations of their U.S. admittance, and
to maintain a history of their statusrelated activities. The system is used to
identify and act on potential compliance
violations by schools, sponsors, and F/
M/J nonimmigrants. The system is also
used to support other homeland security
and immigration activities, such as
deciding F/M/J nonimmigrants’ requests
for immigration benefits and for
admission to the U.S. Finally, the
system supports the analysis of
information in the system for law
enforcement, reporting, management,
and other mission-related purposes.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice
(including United States Attorney
Offices) or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation: (1)
DHS or any component thereof; (2) any
employee of DHS in his/her official
capacity; (3) any employee of DHS in
his/her individual capacity where DOJ
or DHS has agreed to represent the
employee; or (4) the United States or
any agency thereof; is a party to the
litigation or has an interest in such
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litigation, and DHS determines that the
records are both relevant and necessary
to the litigation and the use of such
records is compatible with the purpose
for which DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
Tribal, local, international, or foreign
law enforcement agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
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violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
H. To appropriate Federal, State,
local, Tribal, or foreign governmental
agencies or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where DHS determines that the
information would assist in the
enforcement of civil or criminal laws.
I. To a court, magistrate,
administrative tribunal, opposing
counsel, parties, and witnesses, in the
course of a civil or criminal proceeding
before a court or adjudicative body
when (a) DHS or any component
thereof; or (b) any employee of DHS in
his or her official capacity; or (c) any
employee of DHS in his or her
individual capacity where the agency
has agreed to represent the employee; or
(d) the United States, where DHS
determines that litigation is likely to
affect DHS or any of its components, is
a party to litigation or has an interest in
such litigation, and DHS determines
that use of such records is relevant and
necessary to the litigation, provided
however that in each case, DHS
determines that disclosure of the
information to the recipient is a use of
the information that is compatible with
the purpose for which it was collected.
J. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings.
K. To an attorney or representative
who is acting on behalf of an individual
covered by this system of records for use
in any proceeding before the Executive
office for Immigration Review.
L. To clerks and judges of courts
exercising naturalization jurisdiction for
the purpose of filing petitions for
naturalization and to enable such courts
to determine eligibility for
naturalization or grounds for revocation
of naturalization.
M. To appropriate Federal, State,
local, Tribal, or foreign governmental
agencies or multilateral governmental
organizations for the purpose of
protecting the vital interests of a data
subject or other persons, including to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
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public health threats; appropriate notice
will be provided of any identified health
threat or risk.
N. To foreign governments for the
purpose of providing information about
their citizens or permanent residents, or
family members thereof, during local or
national disasters or health emergencies.
O. To the U.S. Treasury Department
and its contractors for the purpose of
facilitating and tracking Student and
Exchange Visitor Program fee payments
made by F/M/J nonimmigrants.
P. To certified schools and designated
exchange visitor sponsors participating
in the Student and Exchange Visitor
Program for the purpose of certification
and designation, enrollment and
monitoring of F/M/J nonimmigrants,
audit, oversight, and compliance
enforcement.
Q. To the U.S. Department of State for
the purpose of visa issuance to F/M/J
nonimmigrants; the operation of its
Exchange Visitor Program; or the
enforcement of and investigation into its
visa and Exchange Visitor Program laws,
regulations, and requirements.
R. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.
S. To appropriate Federal, State, local,
Tribal, or foreign governmental agencies
or multilateral governmental
organizations where DHS is aware of a
need to utilize relevant data for
purposes of testing new technology and
systems for SEVIS II or other systems
supporting the Student and Exchange
Visitor Program.
T. To appropriate Federal, State, local,
Tribal, or foreign government agencies
or multinational government
organizations where DHS desires to
exchange relevant data for the purpose
of developing new software or
implementing new technologies for the
purposes of data sharing to enhance the
efficiency of the Student and Exchange
Visitor Program or homeland security.
U. To a Federal, State, Tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a DHS
component or program; (2) for the
purpose of verifying the identity of an
individual seeking redress in
connection with the operations of a DHS
component or program; or (3) for the
purpose of verifying the accuracy of
information submitted by an individual
VerDate Nov<24>2008
16:41 Jan 04, 2010
Jkt 220001
who has requested such redress on
behalf of another individual.
V. To a former employee of the
Department for purposes of: responding
to an official inquiry by a Federal, State,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
W. To a Federal State, or local agency,
or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
intelligence, counterintelligence, or
antiterrorism activities authorized by
U.S. law, Executive Order, or other
applicable national security directive.
X. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by
Immigration Identification Number,
name and school, name and citizenship
country, name and entry detail, name
and date of birth, and passport number.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
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Sfmt 4703
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
Inputs will be deleted after the data
has been transferred to the master file
and verified. The master file will be
retained for 75 years. System outputs
are deleted or destroyed when no longer
needed for agency business. Once SEVIS
II terminates a non-government SEVIS II
user account, the system retains user
information for 75 years from the date
of last transaction. Government user
audit information will be retained for
seven years. At this time, SEVP
envisions destroying their SEVIS audit
records seven years after the date SEVIS
II is fully operational. The data from the
legacy SEVIS will be retained for seven
(7) years.
SYSTEM MANAGER AND ADDRESS:
ITMB Chief, ICE Student and
Exchange Visitor Program, 2450 Crystal
Drive, Tower 1 9th Floor, Arlington, VA
22201.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
ICE will consider requests to determine
whether or not information may be
released. Thus, individuals seeking
notification of and access to any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the
Headquarters or component’s FOIA
Officer, whose contact information can
be found at https://www.dhs.gov/foia
under ‘‘contacts.’’ If an individual
believes more than one component
maintains Privacy Act records
concerning him or her the individual
may submit the request to the Chief
Privacy Officer, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0550,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
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05JAN1
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
srobinson on DSKHWCL6B1PROD with PROPOSALS
RECORD SOURCE CATEGORIES:
Records are obtained directly from
individuals who create a SEVIS II
account (F/M/J nonimmigrants; parents,
proxies and guardians; and school and
sponsor officials, owners, chief
executives, and legal counsel. Status
information about F/M/J nonimmigrants
is also obtained from schools and
sponsors. Records are also obtained
from other Federal agency information
systems, including the DHS Arrival and
Departure Information System (ADIS);
the DHS Automated Biometric
Identification System (IDENT); U.S.
Treasury Department’s I–901 Web
portal; DOS’s Consular Consolidated
Database (CCD); and USCIS’s ComputerLinked Application Information
Management System 3 Mainframe
(CLAIMS 3).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Certain portions or all of these records
may be exempt from disclosure
pursuant to 5 U.S.C. 552a(k)(2).
VerDate Nov<24>2008
16:41 Jan 04, 2010
Jkt 220001
The Secretary of Homeland Security
has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G)
and (H), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). These
exemptions apply only to the extent that
records in the system are subject to
exemption pursuant to 5 U.S.C.
552a(k)(2).
Dated: December 29, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–31268 Filed 1–4–10; 8:45 am]
BILLING CODE 9111–28–P
417
Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C.
579(m)), a State that receives a grant
under the IECGP must annually submit
to the Director of OEC a report on the
progress of the State in implementing its
SCIP and on achieving interoperability
at the city, county, regional, State, and
interstate levels. OEC is then required to
make these reports publicly available (6
U.S.C. 579(m)). The SCIP
Implementation Report Form is
designed to meet these statutory
requirements. SCIP Implementation
Reports will be submitted electronically.
Analysis
DEPARTMENT OF HOMELAND
SECURITY
National Protection and Programs
Directorate; Statewide Communication
Interoperability Plan Implementation
Report
AGENCY: National Protection and
Programs Directorate, Department of
Homeland Security.
ACTION: 60-Day Notice and request for
comments; New Information Collection
Request: 1670–NEW.
SUMMARY: The Department of Homeland
Security, National Protection and
Programs Directorate/Cybersecurity and
Communications/Office of Emergency
Communications, has submitted the
following Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995 (Pub. L. 104–13, 44 U.S.C. Chapter
35).
DATES: Comments are encouraged and
will be accepted until March 8, 2010.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Written comments and
questions about this Information
Collection Request should be forwarded
to NPPD/CS&C/OEC, Attn.: Jonathan
Clinton, Jonathan.Clinton@dhs.gov.
SUPPLEMENTARY INFORMATION: The Office
of Emergency Communications (OEC),
formed under Title XVIII of the
Homeland Security Act of 2002, 6
U.S.C. 101 et seq., is responsible for
ensuring that activities funded by the
Interoperable Emergency
Communications Grant Program (IECGP)
(6 U.S.C. 579) comply with the
Statewide Communication
Interoperability Plan (SCIP) for that
State required by section 7303(f) of the
Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(f)).
Further, under the Implementing
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Fmt 4703
Sfmt 4703
Agency: Department of Homeland
Security, National Protection and
Programs Directorate.
Title: Statewide Communication
Interoperability Plan Implementation
Report.
Form: Not Applicable.
OMB Number: 1670–NEW.
Frequency: Yearly.
Affected Public: State, local, or tribal
government.
Number of Respondents: 56.
Estimated Time per Respondent: 6
hours.
Total Burden Hours: 336 annual
burden hours.
Total Burden Cost (operating/
maintaining): $8,205.12.
Signed: December 22, 2009.
Thomas Chase Garwood, III,
Chief Information Officer, National Protection
and Programs Directorate, Department of
Homeland Security.
[FR Doc. E9–31266 Filed 1–4–10; 8:45 am]
BILLING CODE 9910–9P–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2009–1100]
Certificate of Alternative Compliance
for the High Speed Ferry SUSITNA
Coast Guard, DHS.
Notice.
AGENCY:
ACTION:
SUMMARY: The Coast Guard announces
that a Certificate of Alternative
Compliance was issued for the high
speed ferry SUSITNA as required by 33
U.S.C. 1605(c) and 33 CFR 81.18.
DATES: The Certificate of Alternative
Compliance was issued on December
18, 2009.
ADDRESSES: The docket for this notice is
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
E:\FR\FM\05JAN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 412-417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31268]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0104]
Privacy Act of 1974; Department of Homeland Security U.S.
Immigration and Customs Enforcement--001 Student and Exchange Visitor
Information System (SEVIS) System of Records
AGENCY: Privacy Office, DHS.
ACTION: Modification to an existing system of records.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security U.S. Immigration and
Customs Enforcement is modifying an existing system of records titled
Student and Exchange Visitor Information System (Mar. 22, 2005), to
reflect proposed changes in the personal information that will be
collected and maintained on individuals. In conjunction with its
development and launch of the next generation Student and Exchange
Visitor Information System application, called Student and Exchange
Visitor Information System II, U.S. Immigration and Customs Enforcement
is modifying the Student and Exchange Visitor Information System system
of records notice to propose the collection of additional information
on students, exchange visitors, and their dependents who are in the
U.S. on F, M, or J classes of admission (F/M/J nonimmigrants), and
officials of approved schools for and designated sponsors of F/M/J
nonimmigrants. Like its predecessor, Student and Exchange Visitor
Information System II is an information system that tracks and monitors
F/M/J nonimmigrants throughout the duration of approved participation
within the U.S. education system or designated exchange visitor
program. This Student
[[Page 413]]
and Exchange Visitor Information System II system of records notice
updates categories of individuals; categories of records; purpose of
the system; routine uses; policies and practices for storing,
retrieving, accessing, retaining, and disposing of records in the
system; and record access procedures. Additionally, this notice
includes non-substantive changes to simplify the formatting and text of
the previously published notice. A Privacy Impact Assessment on Student
and Exchange Visitor Information System II that describes the new
system in detail is being published concurrently with this notice.
DATES: Submit comments on or before February 4, 2010. This amended
system will be effective February 4, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0104 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
ITMB Chief, ICE Student and Exchange Visitor Program, 2450 Crystal
Drive, Tower 1 9th Floor, Arlington, VA 22201, by telephone (703) 603-
3400 or by facsimile (703) 603-3598. For privacy issues please contact:
Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to Section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Public Law 104-208, 110 Stat.
3009, as amended, and other statutes, Congress mandated that the
Department of Homeland Security (DHS) in consultation with the
Department of State (DOS) develop a national system to collect and
maintain pertinent information on nonimmigrant students, exchange
visitors, and their dependents admitted to the U.S. under an F, M, or J
class of admission (F/M/J nonimmigrants), and the schools and exchange
visitor program sponsors that host these individuals in the United
States. In accordance with that mandate the Immigration and
Naturalization Service, the predecessor to U.S. Immigration and Customs
Enforcement (ICE), developed the Student and Exchange Visitor
Information System (SEVIS) and deployed the system in January 2003. In
2005, after SEVIS was transferred to ICE, DHS published a system of
records notice (SORN) titled DHS/ICE-001, Student and Exchange Visitor
Information System, (70 FR 14477, Mar. 22, 2005), and a PIA that
described the SEVIS application and data.
Currently, ICE is developing the next generation SEVIS system,
called SEVIS II, which will serve the same purpose and provide the same
capabilities as the original system, plus additional features such as
user accounts for F/M/J nonimmigrants. SEVIS II will deploy in two
phases; the first phase will occur in early 2010 and will allow SEVIS
II users, such as students, exchange visitors, schools and sponsors, to
establish their SEVIS II customer accounts on a voluntary basis. The
personal data collected from individuals during the first phase is
limited to user account data. The first phase will also support the
periodic migration of SEVIS data to SEVIS II. During the first phase,
users that elect to establish SEVIS II accounts may view their migrated
record and request correction of any incorrect information. The
original SEVIS system will remain operational during the first phase.
The second and final phase of SEVIS II deployment will occur at a
date yet to be determined. This phase will implement all other SEVIS II
functionality as described in this PIA and SEVIS II will become the
system of record in which all student and exchange visitor transactions
described in this PIA will occur. With the full deployment of SEVIS II,
ICE will migrate all data from and retire the original SEVIS system.
ICE will retain a copy of the original SEVIS dataset separate from
SEVIS II for seven (7) years in case it is needed for reference or to
repopulate the SEVIS II system if a problem is identified with the data
migration.
DHS is updating this notice to include the following substantive
changes: (1) An update to the categories of individuals to include
perspective and former nonimmigrants and their dependents to the U.S.
on a F, M, or J class of admission; (2) categories of records to
include the addition of SEVIS II account requirements; (3) purpose of
the system to include the ability to identify and act on potential
violations by schools, sponsors, and F, M, or J nonimmigrants; (4)
several routine uses were updated to reflect the standard DHS routine
uses; (5) the addition of routine uses to (a) permit disclosure of
SEVIS data to relevant parties in litigation, including the courts,
parties, opposing counsel and witnesses, (b) provide for other
litigation disclosures, including during the course of settlement
negotiations, (c) allow to disclose information to foreign governments
about their citizens or permanent residents during a disaster or health
emergency, (d) allow SEVIS to verify an F/M/J nonimmigrant's
information when payment is made, and ensure it is credited to the
right person, (e) allow Student and Exchange Visitors Program and
schools/sponsors to exchange data to assist in the functions necessary
to process and monitor individuals in the program, (f) allow for
disclosure of SEVIS data to the DOS's Consolidated Consular Database
(CCD) for use by consular officers and other CCD users, (g) support
sharing with government agencies for the research and development
software and technologies to the Student and Exchange Visitor Program;
and (6) policies and practices for storing retrieving, accessing,
retaining, and disposing of records in the system.
The new SEVIS II system will maintain personal information on
officials of approved schools and designated sponsors that host F/M/J
nonimmigrant students and exchange visitors. It also will maintain
personal information on F/M/J nonimmigrants. The personal information
collected under SEVIS II will be somewhat different than under the
original SEVIS system. New personal data elements will be collected
from F/M/J nonimmigrants and school/exchange visitor sponsor officials;
the new data will primarily be used to establish SEVIS II user accounts
for these individuals. In addition, limited personal information that
was collected and maintained in the original SEVIS system will not be
used by SEVIS II and therefore will not be migrated to the new system
(i.e., Social Security Numbers, driver's license information).
In accordance with the Privacy Act of 1974 (Privacy Act), 5 U.S.C.
552a, the DHS is amending DHS/ICE-001, Student and Exchange Visitor
Information System (SEVIS) SORN, to reflect changes in the personal
information that will be maintained
[[Page 414]]
with the deployment of SEVIS II. This amended system of records
supports ICE's mandate to track and monitor F/M/J nonimmigrants
throughout the duration of approved participation within the U.S.
education system or designated exchange visitor program. The collection
and maintenance of the information described in this amended SORN
assists ICE and DOS's Bureau of Educational and Cultural Affairs in
meeting their obligations and legislative mandate. This amended SORN is
being published concurrently with the SEVIS II PIA. Pursuant to the
final rule that exempts the SEVIS SORN from certain requirements of the
Privacy Act (73 FR 63057, Oct. 23, 2008), portions or all of these
records may be exempt from disclosure pursuant to 5 U.S.C. 552a(k)(2).
Consistent with DHS's information sharing mission, information
stored in SEVIS II may be shared with other DHS components, as well as
appropriate Federal, State, local, Tribal, foreign, or international
government agencies. This sharing will only take place after DHS
determines that the receiving component or agency has a need to know
the information to carry out national security, law enforcement,
immigration, intelligence, or other functions consistent with the
routine uses set forth in this SORN.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of DHS/ICE-001,
Student and Exchange Visitor Information System (SEVIS) system of
records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
DHS/ICE-001
SYSTEM NAME:
Student and Exchange Visitor Information System (SEVIS).
SECURITY CLASSIFICATION:
Unclassified, sensitive.
SYSTEM LOCATION:
Records in the SEVIS II application are maintained in electronic
form in a government-secured facility located in Rockville, Maryland
and at a contingency site.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include: (1)
Prospective, current and former nonimmigrants to the U.S. on an F-1, M-
1, or J-1 class of admission and their dependents who have been
admitted under an F-2, M-2, or J-2 class of admission (collectively, F/
M/J nonimmigrants); (2) a proxy, parent or guardian of an F/M/J
nonimmigrant; and (3) officials, owners, chief executives, and legal
counsel of Student and Exchange Visitor Program (SEVP)-certified
schools and designated exchange visitor sponsors.
F nonimmigrants are foreign students pursuing a full course of
study in a college, university, seminary, conservatory, academic high
school, private elementary school, other academic institution, or
language training program in the U.S. that SEVP has certified to enroll
foreign students. M nonimmigrants are foreign students pursuing a full
course of study in a vocational or other recognized nonacademic
institution (e.g., technical school) in the U.S. that SEVP has
certified to enroll foreign students. J nonimmigrants are foreign
nationals selected by a sponsor that the Department of State (DOS) has
designated to participate in an exchange visitor program in the U.S.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include:
Biographical information for F/M/J nonimmigrants and school/sponsor
officials used in the creation of SEVIS II user accounts, specifically
names; U.S. domestic address; foreign address (F/M/J nonimmigrants
only); date of birth; birth country and city; country of citizenship;
country of legal permanent residence; username; e-mail addresses; the
DHS-assigned Immigrant Identification Number (IIN); Alien Registration
Number (A-Number) (for school/sponsor officials who are U.S. lawful
permanent residents only); National Identity Number (for F/M/J
nonimmigrants only); and passport information (number, issuing country,
expiration date). This information would also be collected for any
proxy, parent or guardian for an F/M/J nonimmigrant who is unable to
create their own account due to age (under 13 years old), disability,
or other reasons. The proxy, parent, or guardian would first need to
create their own SEVIS II account before they could create an account
for the F/M/J nonimmigrant.
F-1, M-1, or J-1 nonimmigrant educational and financial
information, specifically program of study; school registration
information; program completion or termination information; transfer
information; leave of absence information and study abroad; extensions;
change of education level; student ID number; I-901 fee payment
information; and financial information (for F/M nonimmigrants,
financial information includes data on source of funds--personal or
school, and average annual cost--tuition, books, fees, and living
expenses; for J nonimmigrants financial information includes total
estimated financial support, financial organization name and support
amount).
F/M/J nonimmigrant status and benefit information, specifically the
DHS-assigned Fingerprint Identification Number (for individuals 14
years of age and older); U.S. visa number, issuing country, expiration
date; class of admission; immigrant benefit application information
(primarily reinstatement, employment authorization, 212e waiver, etc.);
and arrival and departure information (port of entry, date of entry/
exit).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 104-208, Illegal Immigration Reform and Immigrant
Responsibility Act of 1996; Public Law 106-215, Immigration and
Naturalization Service Data Management Improvement Act of 2000;
[[Page 415]]
Public Law 106-396, Visa Waiver Permanent Program Act of 2000; Public
Law 107-56, USA PATRIOT Act; and Public Law 107-173, Enhanced Border
Security and Visa Entry Reform Act of 2002. The collection of
information is mandated by 8 CFR 214.2 (f), (j), (m), 8 CFR 214.3, 8
CFR 214.4, and 22 CFR part 62.
PURPOSE(S):
The purpose of this system of records is to track F, M and J
nonimmigrants and their dependents during their stay in the U.S. This
system allows DHS and DOS to administer the student and exchange
visitor programs by certifying and designating schools and sponsors and
ensuring their ongoing compliance with Federal requirements and
regulations. The system also enables DHS and DOS to monitor the
progress and status of lawfully admitted F/M/J nonimmigrants residing
in the United States, to ensure they comply with the obligations of
their U.S. admittance, and to maintain a history of their status-
related activities. The system is used to identify and act on potential
compliance violations by schools, sponsors, and F/M/J nonimmigrants.
The system is also used to support other homeland security and
immigration activities, such as deciding F/M/J nonimmigrants' requests
for immigration benefits and for admission to the U.S. Finally, the
system supports the analysis of information in the system for law
enforcement, reporting, management, and other mission-related purposes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation: (1) DHS or any
component thereof; (2) any employee of DHS in his/her official
capacity; (3) any employee of DHS in his/her individual capacity where
DOJ or DHS has agreed to represent the employee; or (4) the United
States or any agency thereof; is a party to the litigation or has an
interest in such litigation, and DHS determines that the records are
both relevant and necessary to the litigation and the use of such
records is compatible with the purpose for which DHS collected the
records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, Tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil or criminal laws.
I. To a court, magistrate, administrative tribunal, opposing
counsel, parties, and witnesses, in the course of a civil or criminal
proceeding before a court or adjudicative body when (a) DHS or any
component thereof; or (b) any employee of DHS in his or her official
capacity; or (c) any employee of DHS in his or her individual capacity
where the agency has agreed to represent the employee; or (d) the
United States, where DHS determines that litigation is likely to affect
DHS or any of its components, is a party to litigation or has an
interest in such litigation, and DHS determines that use of such
records is relevant and necessary to the litigation, provided however
that in each case, DHS determines that disclosure of the information to
the recipient is a use of the information that is compatible with the
purpose for which it was collected.
J. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings.
K. To an attorney or representative who is acting on behalf of an
individual covered by this system of records for use in any proceeding
before the Executive office for Immigration Review.
L. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of filing petitions for naturalization and
to enable such courts to determine eligibility for naturalization or
grounds for revocation of naturalization.
M. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant
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public health threats; appropriate notice will be provided of any
identified health threat or risk.
N. To foreign governments for the purpose of providing information
about their citizens or permanent residents, or family members thereof,
during local or national disasters or health emergencies.
O. To the U.S. Treasury Department and its contractors for the
purpose of facilitating and tracking Student and Exchange Visitor
Program fee payments made by F/M/J nonimmigrants.
P. To certified schools and designated exchange visitor sponsors
participating in the Student and Exchange Visitor Program for the
purpose of certification and designation, enrollment and monitoring of
F/M/J nonimmigrants, audit, oversight, and compliance enforcement.
Q. To the U.S. Department of State for the purpose of visa issuance
to F/M/J nonimmigrants; the operation of its Exchange Visitor Program;
or the enforcement of and investigation into its visa and Exchange
Visitor Program laws, regulations, and requirements.
R. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements.
S. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental organizations where
DHS is aware of a need to utilize relevant data for purposes of testing
new technology and systems for SEVIS II or other systems supporting the
Student and Exchange Visitor Program.
T. To appropriate Federal, State, local, Tribal, or foreign
government agencies or multinational government organizations where DHS
desires to exchange relevant data for the purpose of developing new
software or implementing new technologies for the purposes of data
sharing to enhance the efficiency of the Student and Exchange Visitor
Program or homeland security.
U. To a Federal, State, Tribal, local, international, or foreign
government agency or entity for the purpose of consulting with that
agency or entity: (1) To assist in making a determination regarding
redress for an individual in connection with the operations of a DHS
component or program; (2) for the purpose of verifying the identity of
an individual seeking redress in connection with the operations of a
DHS component or program; or (3) for the purpose of verifying the
accuracy of information submitted by an individual who has requested
such redress on behalf of another individual.
V. To a former employee of the Department for purposes of:
responding to an official inquiry by a Federal, State, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
W. To a Federal State, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive.
X. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
RETRIEVABILITY:
Records may be retrieved by Immigration Identification Number, name
and school, name and citizenship country, name and entry detail, name
and date of birth, and passport number.
SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
Inputs will be deleted after the data has been transferred to the
master file and verified. The master file will be retained for 75
years. System outputs are deleted or destroyed when no longer needed
for agency business. Once SEVIS II terminates a non-government SEVIS II
user account, the system retains user information for 75 years from the
date of last transaction. Government user audit information will be
retained for seven years. At this time, SEVP envisions destroying their
SEVIS audit records seven years after the date SEVIS II is fully
operational. The data from the legacy SEVIS will be retained for seven
(7) years.
SYSTEM MANAGER AND ADDRESS:
ITMB Chief, ICE Student and Exchange Visitor Program, 2450 Crystal
Drive, Tower 1 9th Floor, Arlington, VA 22201.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, ICE will consider
requests to determine whether or not information may be released. Thus,
individuals seeking notification of and access to any record contained
in this system of records, or seeking to contest its content, may
submit a request in writing to the Headquarters or component's FOIA
Officer, whose contact information can be found at https://www.dhs.gov/foia under ``contacts.'' If an individual believes more than one
component maintains Privacy Act records concerning him or her the
individual may submit the request to the Chief Privacy Officer,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0550, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity,
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meaning that you must provide your full name, current address and date
and place of birth. You must sign your request, and your signature must
either be notarized or submitted under 28 U.S.C. 1746, a law that
permits statements to be made under penalty of perjury as a substitute
for notarization. While no specific form is required, you may obtain
forms for this purpose from the Director, Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
RECORD ACCESS PROCEDURES:
See ``Notification procedure'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification procedure'' above.
RECORD SOURCE CATEGORIES:
Records are obtained directly from individuals who create a SEVIS
II account (F/M/J nonimmigrants; parents, proxies and guardians; and
school and sponsor officials, owners, chief executives, and legal
counsel. Status information about F/M/J nonimmigrants is also obtained
from schools and sponsors. Records are also obtained from other Federal
agency information systems, including the DHS Arrival and Departure
Information System (ADIS); the DHS Automated Biometric Identification
System (IDENT); U.S. Treasury Department's I-901 Web portal; DOS's
Consular Consolidated Database (CCD); and USCIS's Computer-Linked
Application Information Management System 3 Mainframe (CLAIMS 3).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Certain portions or all of these records may be exempt from
disclosure pursuant to 5 U.S.C. 552a(k)(2).
The Secretary of Homeland Security has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G) and (H), and (f) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(2). These exemptions apply
only to the extent that records in the system are subject to exemption
pursuant to 5 U.S.C. 552a(k)(2).
Dated: December 29, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-31268 Filed 1-4-10; 8:45 am]
BILLING CODE 9111-28-P
