[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
[[Page 69665]]
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;
[[Page 69666]]
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