Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security U.S. Immigrations and Customs Enforcement, DHS/ICE-001 Student and Exchange Visitor Program System of Records, Formerly Known as the Student and Exchange Visitor Information System of Records, 69587-69589 [2021-26478]
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69587
Proposed Rules
Federal Register
Vol. 86, No. 233
Wednesday, December 8, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. ICEB–2020–0010]
Privacy Act of 1974: Implementation of
Exemptions; U.S. Department of
Homeland Security U.S. Immigrations
and Customs Enforcement, DHS/ICE–
001 Student and Exchange Visitor
Program System of Records, Formerly
Known as the Student and Exchange
Visitor Information System of Records
U.S. Department of Homeland
Security, U.S. Immigration and Customs
Enforcement.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Homeland Security (DHS) is giving
concurrent notice of an updated and
reissued system of records pursuant to
the Privacy Act of 1974 for the ‘‘DHS/
U.S. Immigrations and Customs
Enforcement (ICE)–001 Student and
Exchange Visitor Program System of
Records’’ and this proposed rulemaking.
In this proposed rulemaking, the
Department proposes to exempt
portions of the system of records from
one or more provisions of the Privacy
Act because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
Comments must be received on
or before January 7, 2022.
ADDRESSES: You may submit comments,
identified by docket number ICEB–
2020–0010, 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
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DATES:
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docket number ICEB–2020–0010. 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,
ICEPrivacy@ice.dhs.gov, U.S.
Immigration and Customs Enforcement,
500 12th SW, Washington, DC 20536.
For privacy issues please contact: Lynn
Parker Dupree, (202) 343–1717, Chief
Privacy Officer, Privacy@hq.dhs.gov,
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) proposes to modify,
rename, and reissue a current DHS
system of records notice (SORN) titled,
‘‘DHS/ICE–001 Student and Exchange
Visitor Information System (SEVIS),’’ 75
FR 412 (January 5, 2010). ICE had
previously reissued a Final Rule for this
SORN on October 23, 2008, published at
73 FR 63057. As a result of the
modifications to this SORN, DHS/ICE is
proposing to issue this new rule.
The DHS/ICE update to SEVIS
includes several changes. First, the
system of records is being renamed
‘‘Student and Exchange Visitor Program
(SEVP)’’ to better align with the purpose
of the program. The system of records
contains records on nonimmigrant
students and exchange visitors and their
dependents admitted to the United
States under the F, M, or J class of
admission (hereinafter, ‘‘F/M/J
nonimmigrants’’), and the schools and
program sponsors that enroll F/M
nonimmigrants and host J
nonimmigrants in the United States, to
ensure compliance with immigration
laws and regulations and to ensure such
persons’ nonimmigrant status is
maintained. In addition, this system of
records contains records on the
certification of academic and vocational
schools to authorize the enrollment of F
and M nonimmigrant students based on
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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
nonimmigrant students must follow to
maintain their nonimmigrant status.
Second, DHS is clarifying 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 exchange
visitor program officials.
Third, DHS is modifying and
expanding 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 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 the
following routine uses are being
renumbered 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
subsequent routine uses are being
relettered to account for this change.
(O) Existing Routine Use P is being
updated and relettered as Routine Use O
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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Proposed Rules
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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. This modified
system of records 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.
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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.
The Privacy Act allows government
agencies to exempt certain records from
the access and amendment provisions. If
an agency claims an exemption,
however, it must issue a Notice of
Proposed Rulemaking to make clear to
the public the reasons why a particular
exemption is claimed.
DHS is claiming exemptions from
certain requirements of the Privacy Act
for DHS/ICE–001 SEVP System of
Records. Some information in the DHS/
ICE–001 SEVP System of Records relates
to official DHS national security, law
enforcement, immigration, and
intelligence activities. These
exemptions are needed to protect
information relating to DHS activities
from disclosure to subjects or others
related to these activities. Specifically,
the exemptions are required to preclude
subjects of these activities from
frustrating these processes; to avoid
disclosure of activity techniques; to
ensure DHS’s ability to obtain
information from third parties and other
sources; to protect the privacy of third
parties; and to safeguard classified
information. Disclosure of information
to the subject of the inquiry could also
permit the subject to avoid detection or
apprehension.
In appropriate circumstances, when
compliance would not appear to
interfere with or adversely affect the law
enforcement purposes of this system
and the overall law enforcement
process, the applicable exemptions may
be waived on a case-by-case basis.
A notice of System of Records for
DHS/ICE–001 SEVP is also published in
this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
chapter I of title 6, Code of Federal
Regulations, as follows:
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PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues to read as follows:
■
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 5 U.S.C. 301.
2. In Appendix C to Part 5, revise
paragraph 10 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
10. The DHS/ICE–001 Student and
Exchange Visitor Program System of Records
consists of electronic and paper records and
will be used by DHS and its components. The
DHS/ICE–001 Student and Exchange Visitor
Program System of Records is a repository of
information held by DHS in connection with
collecting and maintaining pertinent
information on nonimmigrant students and
exchange visitors, schools and exchange
visitor programs, school officials and
exchange visitor sponsors that host exchange
visitors while in the United States. In
addition, SEVP maintains and collects
information pertinent to the certification and
oversight of academic and vocational schools
(U.S.-based schools) that seek to enroll F and
M nonimmigrant students to ensure
compliance with federal laws and
regulations. Failure to comply will result in
the withdrawal of the school’s certification,
prohibiting the school from enrolling F and
M nonimmigrant students.
This system of records permits DHS to
monitor compliance by these persons with
the terms of their admission to the United
States, and assists DHS with its several and
varied missions and functions, including, but
not limited to, the enforcement of civil and
criminal laws, and the investigations,
inquiries, and proceedings thereunder, and
national security and intelligence activities.
The DHS/ICE–001 Student and Exchange
Visitor Program System of Records contains
information that is collected by, on behalf of,
in support of, or in cooperation with DHS
and its components and may contain
personally identifiable information collected
by other federal, state, local, tribal, foreign,
or international government agencies.
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. 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. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f).
Where a record received from another
system has been 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
systems of records from which they
originated and claims any additional
exemptions set forth here.
Exemptions from these particular
subsections are justified, on a case-by-case
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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Proposed Rules
basis, to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
the subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process. When an
investigation has been completed,
information on disclosures made may
continue to be exempted if the fact that an
investigation occurred remains sensitive after
completion.
(b) From subsection (d) (Access and
Amendment to Records) because access to
the records contained in this system of
records could inform the subject of an
investigation of an actual or potential
criminal, civil, or regulatory violation to the
existence of that investigation and reveal
investigative interest on the part of DHS or
another agency. Access to the records could
permit the individual who is the subject of
a record to impede the investigation, to
tamper with witnesses or evidence, and to
avoid detection or apprehension.
Amendment of the records could interfere
with ongoing investigations and law
enforcement activities and would impose an
unreasonable administrative burden by
requiring investigations to be continually
reinvestigated. In addition, permitting access
and amendment to such information could
disclose security-sensitive information that
could be detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of federal law, the accuracy of
information obtained or introduced
occasionally may be unclear, or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interest of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of the
investigation, thereby interfering with that
investigation and related law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information could impede law enforcement
by compromising the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G) through (I)
(Agency Requirements) and (f) (Agency
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Rules), because portions of this system are
exempt from the individual access provisions
of subsection (d) for the reasons noted above,
and therefore DHS is not required to establish
requirements, rules, or procedures with
respect to such access. Providing notice to
individuals with respect to the existence of
records pertaining to them in the system of
records or otherwise setting up procedures
pursuant to which individuals may access
and view records pertaining to themselves in
the system would undermine investigative
efforts and reveal the identities of witnesses,
potential witnesses, and confidential
informants.
(g) From subsection (e)(5) (Collection of
Information) because, with the collection of
information for law enforcement purposes, it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete. Compliance with subsection (e)(5)
would preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in the disclosure
of investigative techniques, procedures, and
evidence.
(j) From subsection (g)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
*
*
*
*
*
Lynn Parker Dupree,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2021–26478 Filed 12–7–21; 8:45 am]
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
31 CFR Chapter X
RIN 1506–AB54
Anti-Money Laundering Regulations
for Real Estate Transactions
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
FinCEN is issuing this
advance notice of proposed rulemaking
(ANPRM) to solicit public comment on
potential requirements under the Bank
Secrecy Act (BSA) for certain persons
involved in real estate transactions to
collect, report, and retain information.
The systemic money laundering
vulnerabilities presented by the U.S.
real estate sector, and consequently, the
ability of illicit actors to launder
criminal proceeds through the purchase
SUMMARY:
Frm 00003
Fmt 4702
of real estate, threatens U.S. national
security and the integrity of the U.S.
financial system. Accordingly, FinCEN
intends to begin the rulemaking process
to address such vulnerabilities. As a
first step in this rulemaking process,
FinCEN is issuing this ANPRM to seek
initial public comment on questions
that will assist FinCEN in the
consideration and preparation of a
proposed rule.
DATES: Written comments on this
advance notice of proposed rulemaking
may be submitted on or before February
7, 2022.
ADDRESSES: Comments may be
submitted, identified by Regulatory
Identification Number (RIN) 1506–
AB54, by any of the following methods:
Federal E-rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Include 1506–AB54 in the submission.
Refer to Docket Number FINCEN–2021–
0007.
Mail: Financial Crimes Enforcement
Network, Global Investigations Division,
P.O. Box 39, Vienna, VA 22183. Include
1506–AB54 in the body of the text. Refer
to Docket Number FINCEN–2021–0007.
Please submit comments by one
method only.
FOR FURTHER INFORMATION CONTACT:
FinCEN: The FinCEN Regulatory
Support Section at 1–800–767–2825 or
electronically at frc@fincen.gov.
SUPPLEMENTARY INFORMATION:
I. Background
BILLING CODE 9111–28–P
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The goal of this rulemaking process is
to implement an effective system to
collect and permit authorized uses of
information concerning potential money
laundering associated with nonfinanced transactions 1 in the United
States real estate market. FinCEN
expects that doing so will strengthen the
United States’ national security and the
integrity of the U.S. financial system.
With this ANPRM, FinCEN seeks input
on how it should implement such a
system, consistent with the Bank
Secrecy Act (BSA), to maximize benefits
while minimizing burdens on reporting
financial institutions and nonfinancial
trades or businesses.
1 For the purposes of this ANPRM, the terms
‘‘non-financed purchase,’’ ‘‘non-financed
transaction,’’ ‘‘all-cash purchase,’’ and ‘‘all-cash
transaction’’ refer to any real estate purchase or
transaction that is not financed via a loan, mortgage,
or other similar instrument, issued by a bank or
non-bank residential mortgage lender or originator,
and that is made, at least in part, using currency
or value that substitutes for currency (including
convertible virtual currency (CVC)), or a cashier’s
check, a certified check, a traveler’s check, a
personal check, a business check, a money order in
any form, or a funds transfer.
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]]>Agencies
[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Proposed Rules]
[Pages 69587-69589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26478]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 /
Proposed Rules
[[Page 69587]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. ICEB-2020-0010]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Department of Homeland Security U.S. Immigrations and Customs
Enforcement, DHS/ICE-001 Student and Exchange Visitor Program System of
Records, Formerly Known as the Student and Exchange Visitor Information
System of Records
AGENCY: U.S. Department of Homeland Security, U.S. Immigration and
Customs Enforcement.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security (DHS) is giving
concurrent notice of an updated and reissued system of records pursuant
to the Privacy Act of 1974 for the ``DHS/U.S. Immigrations and Customs
Enforcement (ICE)-001 Student and Exchange Visitor Program System of
Records'' and this proposed rulemaking. In this proposed rulemaking,
the Department proposes to exempt portions of the system of records
from one or more provisions of the Privacy Act because of criminal,
civil, and administrative enforcement requirements.
DATES: Comments must be received on or before January 7, 2022.
ADDRESSES: You may submit comments, identified by docket number ICEB-
2020-0010, 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-2020-0010. 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 SW, Washington, DC
20536. For privacy issues 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) proposes to modify, rename, and reissue a current DHS
system of records notice (SORN) titled, ``DHS/ICE-001 Student and
Exchange Visitor Information System (SEVIS),'' 75 FR 412 (January 5,
2010). ICE had previously reissued a Final Rule for this SORN on
October 23, 2008, published at 73 FR 63057. As a result of the
modifications to this SORN, DHS/ICE is proposing to issue this new
rule.
The DHS/ICE update to SEVIS includes several changes. First, the
system of records is being renamed ``Student and Exchange Visitor
Program (SEVP)'' to better align with the purpose of the program. The
system of records contains records on nonimmigrant students and
exchange visitors and their dependents admitted to the United States
under the F, M, or J class of admission (hereinafter, ``F/M/J
nonimmigrants''), and the schools and program sponsors that enroll F/M
nonimmigrants and host J nonimmigrants in the United States, to ensure
compliance with immigration laws and regulations and to ensure such
persons' nonimmigrant status is maintained. In addition, this system of
records contains records on the certification of academic and
vocational schools to authorize the 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 nonimmigrant
students must follow to maintain their nonimmigrant status.
Second, DHS is clarifying 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 exchange
visitor program officials.
Third, DHS is modifying and expanding 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 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 the following routine uses are being
renumbered 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 subsequent routine
uses are being relettered to account for this change.
(O) Existing Routine Use P is being updated and relettered as
Routine Use O
[[Page 69588]]
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. This modified system of
records 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.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/ICE-001 SEVP System of Records. Some information in the
DHS/ICE-001 SEVP System of Records relates to official DHS national
security, law enforcement, immigration, and intelligence activities.
These exemptions are needed to protect information relating to DHS
activities from disclosure to subjects or others related to these
activities. Specifically, the exemptions are required to preclude
subjects of these activities from frustrating these processes; to avoid
disclosure of activity techniques; to ensure DHS's ability to obtain
information from third parties and other sources; to protect the
privacy of third parties; and to safeguard classified information.
Disclosure of information to the subject of the inquiry could also
permit the subject to avoid detection or apprehension.
In appropriate circumstances, when compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case-by-case basis.
A notice of System of Records for DHS/ICE-001 SEVP is also
published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
chapter I of title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for Part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301.
0
2. In Appendix C to Part 5, revise paragraph 10 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
10. The DHS/ICE-001 Student and Exchange Visitor Program System
of Records consists of electronic and paper records and will be used
by DHS and its components. The DHS/ICE-001 Student and Exchange
Visitor Program System of Records is a repository of information
held by DHS in connection with collecting and maintaining pertinent
information on nonimmigrant students and exchange visitors, schools
and exchange visitor programs, school officials and exchange visitor
sponsors that host exchange visitors while in the United States. In
addition, SEVP maintains and collects information pertinent to the
certification and oversight of academic and vocational schools
(U.S.-based schools) that seek to enroll F and M nonimmigrant
students to ensure compliance with federal laws and regulations.
Failure to comply will result in the withdrawal of the school's
certification, prohibiting the school from enrolling F and M
nonimmigrant students.
This system of records permits DHS to monitor compliance by
these persons with the terms of their admission to the United
States, and assists DHS with its several and varied missions and
functions, including, but not limited to, the enforcement of civil
and criminal laws, and the investigations, inquiries, and
proceedings thereunder, and national security and intelligence
activities. The DHS/ICE-001 Student and Exchange Visitor Program
System of Records contains information that is collected by, on
behalf of, in support of, or in cooperation with DHS and its
components and may contain personally identifiable information
collected by other federal, state, local, tribal, foreign, or
international government agencies.
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. 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. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
Where a record received from another system has been 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 systems of records from which they originated and claims any
additional exemptions set forth here.
Exemptions from these particular subsections are justified, on a
case-by-case
[[Page 69589]]
basis, to be determined at the time a request is made, for the
following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of that
investigation and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process. When an investigation
has been completed, information on disclosures made may continue to
be exempted if the fact that an investigation occurred remains
sensitive after completion.
(b) From subsection (d) (Access and Amendment to Records)
because access to the records contained in this system of records
could inform the subject of an investigation of an actual or
potential criminal, civil, or regulatory violation to the existence
of that investigation and reveal investigative interest on the part
of DHS or another agency. Access to the records could permit the
individual who is the subject of a record to impede the
investigation, to tamper with witnesses or evidence, and to avoid
detection or apprehension. Amendment of the records could interfere
with ongoing investigations and law enforcement activities and would
impose an unreasonable administrative burden by requiring
investigations to be continually reinvestigated. In addition,
permitting access and amendment to such information could disclose
security-sensitive information that could be detrimental to homeland
security.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of federal law, the accuracy of information obtained or
introduced occasionally may be unclear, or the information may not
be strictly relevant or necessary to a specific investigation. In
the interest of effective law enforcement, it is appropriate to
retain all information that may aid in establishing patterns of
unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G) through (I) (Agency Requirements)
and (f) (Agency Rules), because portions of this system are exempt
from the individual access provisions of subsection (d) for the
reasons noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to the existence of
records pertaining to them in the system of records or otherwise
setting up procedures pursuant to which individuals may access and
view records pertaining to themselves in the system would undermine
investigative efforts and reveal the identities of witnesses,
potential witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because,
with the collection of information for law enforcement purposes, it
is impossible to determine in advance what information is accurate,
relevant, timely, and complete. Compliance with subsection (e)(5)
would preclude DHS agents from using their investigative training
and exercise of good judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in the disclosure of
investigative techniques, procedures, and evidence.
(j) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
* * * * *
Lynn Parker Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2021-26478 Filed 12-7-21; 8:45 am]
BILLING CODE 9111-28-P
