Federal Register, Volume 75 Issue 2 (Tuesday, January 5, 2010)

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 412-417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31268]

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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.

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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: http://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 http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://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 http://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,

[[Page 417]]

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, http://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