Privacy Act of 1974; System of Records, 69663-69668 [2021-26477]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69663-69668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26477]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. ICEB-2020-0009]


Privacy Act of 1974; System of Records

AGENCY: U.S. Immigration and Customs Enforcement, U.S. Department of 
Homeland Security.

ACTION: Notice of modified Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S. 
Department of Homeland Security (DHS) proposes to modify, rename, and 
reissue a current U.S. Immigration and Customs Enforcement (ICE) system 
of records titled, ``DHS/ICE-001 Student and Exchange Visitor 
Information System (SEVIS) System of Records.'' DHS/ICE uses, collects, 
and maintains information on nonimmigrant students and exchange 
visitors, and their dependents, admitted to the United States under an 
F, M, or J class of admission, and the schools and exchange visitor 
program sponsors that host these individuals in the United States. DHS/
ICE is updating the name of this system of records; modifying existing 
and adding new categories of individuals and categories of records; and 
updating, modifying, and removing routine uses. Additionally, DHS is 
issuing a Notice of Proposed Rulemaking to exempt this system of 
records from certain provisions of the Privacy Act, elsewhere in the 
Federal Register. This updated system of records will be included in 
DHS's inventory of record systems.

DATES: Submit comments on or before January 7, 2022. This modified 
system of records will be effective upon publication. New or modified 
routine uses will be effective January 7, 2022.

ADDRESSES: You may submit comments, identified by docket number ICEB-
2020-0009, by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov/. 
Follow the instructions for submitting comments.
     Fax: (202) 343-4010.
     Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number ICEB-2020-0009. 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: 
Jordan Holz, (202) 732-3300, Privacy Officer, [email protected], U.S. 
Immigration and Customs Enforcement, 500 12th Street SW Stop 5004, 
Washington, DC 20536-5004. For privacy questions, please contact Lynn 
Parker Dupree, (202) 343-1717, Chief Privacy Officer, 
[email protected], Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the U.S. 
Department of Homeland Security (DHS) U.S. Immigration and Customs 
Enforcement (ICE) is updating, renaming, and reissuing a DHS system of 
records now titled, ``DHS/ICE-001 Student and Visitor Exchange Program 
(SEVP)'' System of Records.
    The DHS/ICE update to SEVIS, now SEVP, includes several changes. 
First, the system of records is being renamed to better align it with 
the purpose of the system. This system of records covers records on 
nonimmigrant students and exchange visitors, and their dependents, 
admitted to the United States under F, M, or J class of admission 
(hereinafter, ``F/M/J nonimmigrants''), and the schools, designated 
program sponsors and host families that sponsor these individuals in 
the United States to ensure compliance with immigration laws and 
regulations and ensure their status is maintained. The SEVP coordinates 
with the Department of State (DOS), which oversees the operation of the 
U.S. Government's Exchange Visitor (EV) Program, including the 
designation of EV Program sponsors, and supports the application and 
admission of foreign nationals who seek entry into the United States as 
exchange visitors (e.g., research scholar, government visitor, au pair) 
under the J class of admission.
    In addition, the SEVP oversees the certification of academic and 
vocational schools to authorize enrollment of F and M nonimmigrant 
students based on federal regulations, and provides guidance and 
training to school officials about the SEVP certification requirements 
to which schools must adhere to and the requirements that their 
nonimmigrant students must follow to maintain their status.
    Second, this update seeks to clarify and better identify the types 
of individuals and entities contained in this expanded system of 
records. Some items in the categories of individuals section have been 
reorganized and edited to more clearly identify the individuals, as 
well as expanded to include new categories of individuals, such as 
employers, financial support providers, government bodies and 
personnel, host families, members of the public, school employees, 
school partners, and school and EV Program officials.
    Third, DHS/ICE has modified and expanded the categories of records 
section to better identify the types of information contained in the 
system of records. The new categories of records include education, 
employment, financial, travel, immigration-related information, school, 
program sponsor, case-related information, auditing and training, 
reporting, and inquiries and data corrections.
    Fourth, DHS/ICE is modifying Routine Use E and adding Routine Use F 
to conform to Office of Management and Budget (OMB) Memorandum M-17-12, 
``Preparing for and Responding to a Breach of Personally Identifiable 
Information'' (Jan. 3, 2017). All following routine uses are being re-
lettered to account for the additional routine uses.
    Finally, DHS is proposing to eliminate several routine uses, modify 
several routine uses, and add two new routine uses that would allow ICE 
to share information from the SEVP system of records with the specified 
recipients for the specified purpose. Below is a summary of those 
routine uses and their corresponding letter.
    (J) Routine Use J is being updated to include disclosures to 
parties to an administrative proceeding where DHS has an interest in 
the outcome. This modification eliminates the need for two routine uses 
previously identified as Routine Uses K and L, and

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subsequent routine uses are being re-lettered to account for this 
change.
    (O) Existing Routine Use P is being updated and re-lettered as 
Routine Use O to clarify that information may be shared about 
nonimmigrants between certified schools or programs as part of the 
transfer process from one school or program to another.
    (R) Existing Routine Use S is being updated to be consistent with 
the DHS standard routine use for technology and is now Routine Use R. 
The modification eliminates the need for one routine use previously 
identified as Routine Use T, and subsequent routine uses are being re-
lettered to account for this change.
    (V) Routine Use V is being added to permit sharing identifying 
information with accrediting agencies, recognized by the Department of 
Education (ED), to facilitate the inspection and validation of schools 
and exchange visitor programs in adherence to laws and regulations, and 
subsequent routine uses are being re-lettered to account for this 
additional routine use.
    (W) Routine Use W is being added to clarify the sharing and 
disclosure of information to federal, state, local, and other 
government and public agencies, including foreign or international 
agencies when the information is relevant and necessary to DHS or a 
requesting agency's decision concerning the hiring or retention of an 
individual, or the issuance, grant, renewal, suspension or revocation 
of a security clearance, license, contract, grant or other benefit.
    Information in the SEVP system of records may be shared with other 
DHS Components that have a need to know the information to carry out 
their national security, law enforcement, immigration, intelligence, or 
other homeland security functions. In addition, DHS/ICE may share 
information with appropriate federal, state, local, tribal, 
territorial, foreign, or international government agencies consistent 
with the routine uses set forth in this SORN.
    Additionally, DHS is issuing a Notice of Proposed Rulemaking to 
exempt this system of records from certain provisions of the Privacy 
Act elsewhere in the Federal Register. This modified system will be 
included in DHS's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies Fair Information Practice Principles in a 
statutory framework that governs the means by which federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A system of records is a group of records under the 
control of an agency from which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other matched 
identifiers assigned to the individual. In the Privacy Act, an 
individual is defined to encompass U.S. citizens and lawful permanent 
residents. Further, those persons who do not currently fall under the 
definition of individuals may naturalize or adjust status, thus 
becoming Privacy Act-covered individuals, over the course of this 
system's records retention schedule. Additionally, the Judicial Redress 
Act (JRA) provides covered persons with a statutory right to make 
requests for access and amendment to covered records, as defined by the 
JRA, along with judicial review for denials of such requests. The JRA 
also prohibits disclosures of covered records, except as otherwise 
permitted by the Privacy Act. Below is the description of the DHS/ICE-
001 Student and Exchange and Visitor Program (SEVP) system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the OMB and to Congress.

SYSTEM NAME AND NUMBER:
    U.S. Department of Homeland Security (DHS)/U.S. Immigration and 
Customs Enforcement (ICE)--001 Student and Exchange Visitor Program 
(SEVP).

SECURITY CLASSIFICATION:
    Unclassified, Controlled Unclassified Information. The data may be 
retained on classified networks, but this does not change the nature 
and character of the data until it is combined with classified 
information.

SYSTEM LOCATION:
    Records are maintained at the ICE Headquarters in Washington, DC, 
and field offices. Records from SEVP systems may also be maintained in 
DHS unclassified and classified networks.

SYSTEM MANAGER(S):
    Systems Management Unit Chief, ICE Student and Exchange Visitor 
Program, 500 12th St. SW, MS 5600, Washington, DC 20536-5600; 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 104-208, Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA); Public Law 106-215, Immigration 
and Naturalization Service Data Management Improvement Act of 2000 
(DMIA); Public Law 106-396, Visa Waiver Permanent Program Act of 2000 
(VWPPA); Public Law 107-56, U.S.A. PATRIOT Act; Public Law 107-173, 
Enhanced Border Security and Visa Entry Reform Act of 2002 (Border 
Security Act); 8 CFR 214.2(f), (j), and (m); 8 CFR 214.3, 214.4, 214.5, 
214.12, 214.13; 22 CFR part 62; and Homeland Security Presidential 
Directive--2 (HSPD-2, Combating Terrorism Through Immigration 
Policies), as amended by HSPD-5, Management of Domestic Incidents (Feb. 
28, 2003).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to maintain the integrity 
of the U.S. immigration system by collecting, maintaining, and 
analyzing information so that only bona fide nonimmigrant students or 
exchange visitors gain entry to the United States and that institutions 
accepting nonimmigrant students are legitimate and certified and adhere 
to the federal rules and regulations that govern them. DHS and DOS use 
of records covered by this system of records are for the following 
purposes:
    Identity Validation--To identify and validate the identity of F/M/J 
nonimmigrants, federal government personnel, and school and program 
officials to ensure data integrity, accuracy, and proper data matching, 
as well as to authenticate individuals who either access SEVP systems 
or need to update information maintained by SEVP.
    Determination and Status--To facilitate and support determination 
activities related to admissibility into the United States and the 
eligibility and status of benefits.
    Adjudication--To (1) review and decide whether to certify a school 
or designate an EV Program so that F/M/J nonimmigrants may enroll or 
participate in the U.S.-based school or program; and (2) use 
supplemental information such as open-source media (e.g., publicly 
available information in newspaper articles, school websites, 
government websites, social media sites and blogs, online forums) to 
support vetting of F/M/J nonimmigrants and their dependents and school 
and program officials who handle personally identifiable information 
(PII) for other officials at their school or program.
    Compliance--To monitor the compliance of F/M/J nonimmigrants, 
schools, programs, and school and program officials with immigration 
laws and regulations, including those addressing employment and 
training activities and immigration benefits, that govern the 
following: F and M nonimmigrants and the schools that enroll or seek to 
enroll them through the

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SEVP certification process; and participation of J nonimmigrants and 
programs within the EV Program.
    Investigative--To perform administrative and criminal 
investigations related to the participation of F/M/J nonimmigrants, 
school and EV Program sponsors, and the schools and exchange visitor 
programs that enroll or seek to enroll individuals through the SEVP 
certification process, and to identify noncompliance with U.S. laws and 
regulations. Information is also shared with other law enforcement 
agencies for purposes of coordinating activities, such as 
administrative reviews and criminal investigations.
    Analysis and Reporting--To create and provide reports for analyzing 
compliance issues and identifying activities and related individuals 
(if needed) for evidence-based decision-making.
    Communication and Customer Relations--To provide customer service 
to individuals who contact the SEVP (e.g., via telephone, email, chat, 
social media), including providing general information about SEVP 
regulations, performing data corrections, and providing technical 
support to access SEVP systems.
    Training--To keep track of training activities performed by school 
and program officials to validate compliance with SEVP requirements to 
access SEVP external-facing systems.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    SEVP collects, receives, captures, and maintains information on 
individuals who are U.S. citizens and lawful permanent residents, as 
well as information on persons who are currently nonimmigrants. DHS 
maintains this information in recognition that persons who are 
nonimmigrants may later adjust status to lawful permanent resident and 
naturalize to U.S. citizen and, therefore, become individuals covered 
by the Privacy Act. DHS provides this notice in anticipation of such an 
eventuality:
    F and M nonimmigrants who participate as students in an academic or 
vocational program at SEVP-certified schools, as well as F and M 
dependents (e.g., spouse, minor children).
    J nonimmigrants who participate in DOS-designated work or study 
exchange visitor programs, as well as J dependents (e.g., spouse, minor 
children).
    Proxy, parent, or legal guardian who has legal authority to make 
decisions or sign documents on behalf of another individual who 
participates in a student and exchange visitor program (e.g., a minor, 
an individual with disabilities).
    School partners and representatives including the head of school 
(e.g., owner, president, chief executive officer [CEO], legal counsel) 
who has legal signature authority for the school and school employees 
(e.g., faculty members, student recruiters) who are employed by a U.S.-
based school and interact with F and M students but who do not oversee 
the F and M students pursuant to the laws and regulations governing F 
and M nonimmigrant students and schools that enroll them (this is the 
responsibility of school officials). Also included are school partners 
(e.g., contractor who builds housing facility, sports program that uses 
school space) who provide a service for a school or manage activities 
on school sites that impact F and M students but who are not employees 
of the school.
    School officials (individuals who are U.S. citizens or lawful 
permanent residents) who submit information for school SEVP 
certification and recertification and oversee F and M students enrolled 
at their school.
    Exchange visitor program sponsors (e.g., an entity seeking to 
sponsor a nonimmigrant au pair, research scholar, intern, or government 
visitor) who must be designated by DOS to run an EV Program and host J 
nonimmigrants. This includes the program sponsor (e.g., owner, CEO, 
legal counsel) who has legal signature authority for the EV Program 
sponsor.
    Program officials (individuals who are U.S. citizens or lawful 
permanent residents) who submit information for EV Program sponsor DOS 
designation and re-designation and oversee J nonimmigrants enrolled in 
programs offered by the sponsor.
    Host families (individuals who are U.S. citizens or lawful 
permanent residents) who provide living arrangements for J 
nonimmigrants.
    Financial support provider who, as an individual, organization, or 
government, provides support to F/M/J nonimmigrants.
    Employers (e.g., supervisor, official with signature authority) of 
F/M/J nonimmigrants with authority to work in the United States.
    Federal government personnel (i.e., federal employees and 
contractors) who manage the SEVP program and use information maintained 
by SEVP to support the DHS mission, and coordinate with DOS with 
respect to the J exchange visitor program-related data. Federal 
government personnel also use SEVP information to support other federal 
agency missions that align with DHS's and DOS's oversight of 
nonimmigrant students and exchange visitors, including the ED, 
Department of Commerce, Department of Justice--Federal Bureau of 
Investigation, and federal intelligence agencies.
    State government personnel (i.e., state employees and contractors) 
who interact with federal government personnel and exchange information 
for activities related to administrative reviews and investigations.
    Governing bodies (e.g., licensing and accrediting bodies) that 
ensure the education provided by schools meets acceptable levels of 
quality and grant licenses and accreditation to schools that meet these 
criteria.
    Members of the public (e.g., property owners, holding companies, 
school officials, F and M nonimmigrants, individuals of the general 
population) who (1) provide SEVP with information about things such as 
a school, program, or individual aligned with SEVP and potential 
infractions or illegal activities; (2) provide feedback about SEVP on 
the performance of SEVP employees, its programs, or its regulations; or 
(3) contact SEVP for other reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The various categories of information (including PII and sensitive 
PII) collected, received, captured, used, shared, and maintained by 
SEVP and DOS on the individuals identified above are as follows:
    Biographical--Includes full name; gender; date of birth; country of 
birth; country of citizenship; country of legal permanent residence; 
contact information (e.g., telephone number, email address, physical/
mailing address); and full name and contact information of proxy, 
parent, or legal guardian for F/M/J nonimmigrant.
    Criminal History--Includes arrest and bail information, case 
number, date charges were filed, case type, initial criminal offense 
type, date of crime, disposition and judgment date, and county 
jurisdiction.
    Identity Verification--Includes identity documents (e.g., driver's 
license, passport); unique identifiers (e.g., SEVIS ID, immigration 
identification number [IIN], official personal identification number 
[OPID], A-number, passport number, limited instances of incidental 
collection of social security number); and biometric identifiers (e.g., 
fingerprint identification number [FIN]).
    Education--Includes education transcripts; certificates of 
graduation; program of study (e.g., types of program, courses, level of 
education); length of study; school registration information;

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school admission number; school transfer information; extensions; and 
changes to program of study or activity.
    Exchange visitor program--Includes exchange visitor program 
information (e.g., type of program, program activities); placement 
information (e.g., site of activity, host family, host family contact 
information, EV Program sponsor name); extensions; and changes to 
program or activity.
    Employment--Includes practical training information (e.g., training 
plan); employer and supervisor information (e.g., name of employer, 
name of supervisor); employer and supervisor contact information (e.g., 
telephone number, email address, website URL); employer identification 
number; and employment information (e.g., position title, description 
of duties, employment authorization document number).
    Financial--Includes financial support information (e.g., sources of 
funding); payment receipt information related to school certification 
and EV Program sponsor designation fees; and payment receipt 
information for the Form I-901 fee.
    Travel--Includes visa information (e.g., visa number, country of 
issuance, expiration date); passport information (e.g., passport 
number, expiration date, country issued); and arrival and departure 
information.
    Immigration-Related--Includes entry into and exit from the United 
States (e.g., Form I-94 admission number, dates of entry and exit, 
ports of entry); class of admission (e.g., visa type); immigration 
status; adjudication decisions; and, immigration benefit application 
information (e.g., adjustment of status).
    School--Includes school name; contact information (e.g., telephone 
number, email address, physical mailing address); open-source media 
information (e.g., publicly available information available in 
newspaper articles, websites, personal and organizational social 
media); school's program information (e.g., site locations, addresses, 
phone number, school code); school's accreditation and certification 
information and documentation; and documented evidence from 
nonaccredited schools (e.g., articulation agreements, state-issued 
professional licenses).
    Program Sponsor--Includes program sponsor name; CEO name and 
contact information (e.g., telephone number, email address, physical 
mailing address); and, location and contact information (e.g., site 
locations, addresses, phone number).
    Case-Related--Includes case number; adjudication determinations; 
site visit reports; appeals determinations; administrative reviews; and 
information regarding investigations.
    Auditing and Training--Includes auditing information (e.g., IP 
addresses, access and change history, date/time access, username, user 
role); system login (e.g., username, password, email address, name of 
individual); unique identifier (e.g., SEVIS ID, IIN, OPID); and 
training information (e.g., training status, training certificates, 
training transcripts).
    Reporting--Includes reporting information (e.g., aggregate data, 
statistics on overstays).
    Inquiries and Data Corrections--Includes contact information (e.g., 
telephone number, email address, physical mailing address); unique 
identifier (e.g., SEVIS ID, IIN, OPID); identity documents (e.g., 
driver's license, passport, marriage certificate); and information not 
previously collected (e.g., new address, passport number) by SEVP to 
facilitate handling inquiries and data corrections.

RECORD SOURCE CATEGORIES:
    Records are obtained from F/M/J nonimmigrants; proxy, parent, or 
legal guardians; school officials; program officials; federal and state 
government personnel; federal agency systems; governing bodies; and 
members of the public.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 (DOJ), including the U.S. 
Attorney's Offices, or other federal agencies conducting litigation or 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant and 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 or former employee of DHS in his or her official 
capacity;
    3. Any employee or former employee of DHS in his or her individual 
capacity, only when DOJ or DHS has agreed to represent the employee;
    4. The United States or any agency thereof.
    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 (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. secs. 2904 
and 2906.
    D. To an agency or organization 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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the federal 
government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the federal 
government, or national security resulting from a suspected or 
confirmed breach.
    G. 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.
    H. 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, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which

[[Page 69667]]

includes criminal, civil, or regulatory violations and such disclosure 
is proper and consistent with the official duties of the person making 
the disclosure.
    I. For investigative material compiled for law enforcement 
purposes, to appropriate federal, state, tribal, local, 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, or 
treaty where DHS determines that the information would assist in the 
enforcement of civil or criminal laws.
    J. To a court, magistrate, administrative tribunal, opposing 
counsel, parties, and witnesses in the course of a civil, criminal or 
administrative proceeding before a court or adjudicative body when DHS 
determines that the use of such records is relevant and necessary to 
the litigation or the proceeding and one of the following is a party 
to, or has an interest in, the litigation or the proceeding:
    1. DHS or any component thereof;
    2. Any employee of DHS in his or her official capacity;
    3. Any employee of DHS in his or her individual capacity where the 
agency has agreed to represent the employee;
    4. The United States, where DHS determines that litigation is 
likely to affect DHS or any of its components.
    K. 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.
    L. 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 public health 
threats. Appropriate notice of any identified health threat or risk 
will be given.
    M. To foreign governments for the purpose of providing information 
about their citizens or permanent residents, or family members thereof, 
during a school closing, local or national disasters, or health 
emergencies.
    N. To the U.S. Treasury Department and its contractors to 
facilitate and track SEVP fee payments made by F/M/J nonimmigrants.
    O. To schools and exchange visitor sponsors participating in the 
SEVP or EV Program for the purpose of certification and designation, 
enrollment, transfer, and monitoring of F/M/J nonimmigrants, audit, 
oversight, and compliance enforcement.
    P. To the DOS 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.
    Q. To the DOS 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.
    R. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS is aware of a need 
to use relevant data that relate to the purposes stated in this SORN in 
order to test, develop, and implement new technologies for the purposes 
of data sharing to support and enhance the efficiency of the SEVP or 
homeland security.
    S. 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 about redress provided under 
the Privacy Act 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.
    3. For the purpose of verifying the accuracy of information 
submitted by an individual who has requested such redress on behalf of 
another individual.
    T. To a former employee of DHS for purposes of (1) responding to an 
official inquiry by a federal, state, or local government entity or 
professional licensing authority, in accordance with applicable DHS 
regulations; or (2) facilitating communications with a former employee 
that may be necessary for personnel-related or other official purposes 
when DHS requires information and/or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    U. 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.
    V. To an accrediting agency, recognized by ED, for the purpose of 
performing accreditation activities for schools and exchange visitor 
programs, including accreditation of English-language training programs 
in accordance with the Accreditation of English Language Training 
Programs Act (Pub. L. 111-306), but only such as is necessary and 
relevant to such accreditation function.
    W. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant or other benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    X. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there is a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the CPO determines that release of the specific 
information in the context of a particular case would constitute a 
clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/ICE stores records in these systems electronically or on paper 
in secure facilities in a locked drawer behind a locked door. The 
records may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by biographical and unique verification 
identifiers such as full name, date of birth, email address, SEVIS ID, 
IIN, FIN, OPID, and A-number.

[[Page 69668]]

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    An SEVP program-wide, media-neutral records retention schedule is 
currently under development. ICE is proposing a 75-year retention 
schedule for program-specific records maintained by SEVP to facilitate 
program operations and carry out the mission objectives of the Agency. 
ICE will maintain these records permanently, until an Agency retention 
schedule is submitted to the National Archives and Records 
Administration (NARA) and approved by the Archivist of the Unites 
States. All other federal Agency records will be maintained in 
accordance with the appropriate general records schedule (GRS). For 
example, ICE will follow the appropriate retention periods outlined in 
the NARA-approved GRS for administrative records (e.g., audit 
information, system login, inquiries, reporting). The NARA-approved GRS 
can be found at https://www.archives.gov/records-mgmt/grs.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/ICE safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. DHS/ICE has imposed strict controls 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 who have a need to know the information for the 
performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system of 
records from the notification, access, and amendment procedures of the 
Privacy Act, and the JRA if applicable, because it is a law enforcement 
system of records. However, DHS/ICE will consider individual requests 
to determine whether information may be released. Thus, individuals 
seeking access to and notification of any record contained in this 
system of records, or seeking to contest its content, may submit a 
request in writing to the ICE Privacy Officer and ICE Freedom of 
Information Act (FOIA) Officer, whose contact information can be found 
at https://www.dhs.gov/foia under ``Contact Information.'' If an 
individual believes more than one component maintains his or her 
Privacy Act records, the individual may submit the request to the Chief 
Privacy Officer and Chief Freedom of Information Act Officer, U.S. 
Department of Homeland Security, Washington, DC 20528-0655. Even if 
neither the Privacy Act nor the JRA provides a right of access, certain 
records about an individual may be available under the FOIA.
    When an individual is seeking his or her records about from this 
system of records or any other departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his or her 
identity, meaning that the individual must provide full name, current 
address, and date and place of birth. The individual must sign the 
request, and the 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. Although no specific form 
is required, an individual may obtain forms for this purpose from the 
Chief Privacy Officer and Chief Freedom of Information Act Officer, 
https://www.dhs.gov/foia, or call (866) 431-0486. In addition, you 
should do the following:
     Explain why he or she believes the Department would have 
information being requested;
     Identify which component(s) of the Department he or she 
believe may have the information;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying that individual's agreement for the 
first individual to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, 
individuals may make a request for amendment or correction of a record 
by writing directly to the Department component that maintains the 
record, unless the record is not subject to amendment or correction. 
The request should identify each record in question, state the 
amendment or correction desired, and state why the individual believes 
that the record is not accurate, relevant, timely, or complete. The 
individual may submit any documentation that would be helpful. If the 
individual believes that the same record is in more than one system of 
records, the request should state that and be addressed to each 
component that maintains a system of records containing the record.
    To correct an ICE record, individuals may submit a Privacy Act 
amendment request by completing DHS Form 500-05 ``Certification of 
Identity,'' which can be found at https://www.ice.gov/privacy. The 
signed form and a detailed request should be sent to the ICE Office of 
Information Governance and Privacy at [email protected], or to the 
following address: U.S. Immigration and Customs Enforcement, ICE 
Information Governance and Privacy, ATTN: Privacy Office, 500 12th 
Street SW, Stop 5004, Washington, DC 20536-5004.

NOTIFICATION PROCEDURES:
    See the ``Record Access Procedures'' section.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions of 
the Privacy Act: 5 U.S.C. secs. 552a(c)(3), (c)(4); (d); (e)(1), 
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); 
and (g)(1). Additionally, the Secretary of Homeland Security, pursuant 
to 5 U.S.C. 552a (k)(1) and (k)(2), has exempted this system from the 
following provisions of the Privacy Act, 5 U.S.C. secs. 552a(c)(3); 
(d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
    When this system receives a record from another system exempted in 
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same 
exemptions for those records that are claimed for the original primary 
system of records from which they originated and claims any additional 
exemptions set forth here.

HISTORY:
    75 FR 412 (Jan. 5, 2010); 73 FR 63057 (Oct. 23, 2008).
* * * * *

Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-26477 Filed 12-7-21; 8:45 am]
BILLING CODE 9111-28-P