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[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]               
[Page 412-417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja10-85]                         

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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

[[Page 416]]

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
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