412 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The records are stored in a database 

on magnetic disk and tape. A record, or 

any part thereof, may be printed and 

stored in the applicant’s A-file. 

RETRIEVABLITY: 

Records are indexed and retrievable 

by name and/or A-file 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. 

The system maintains a real-time 

auditing function of individuals who 

access the system. Additional 

safeguards may vary by component and 

program. 

RETENTION AND DISPOSAL: 

The following USCIS proposal for 

retention and disposal is pending 

approval by NARA: 

Master File automated records will be 

maintained for 25 years after the case is 

closed, and then archived at the DOJ 

Data Processing Center or its designated 

successor, for 75 years and then 

destroyed. Copies of system data may be 

stored in the individual’s Alien File 

(NCI–85–80–5/1). 

Reports used to facilitate case 

processing that contains personally 

identifiable information will be 

maintained at Headquarters and Asylum 

Field Offices and destroyed when no 

longer needed. 

SYSTEM MANAGER AND ADDRESS: 

The Chief of the Asylum Division, 

Refugee, Asylum and International 

Operations Directorate, U.S. Citizenship 

and Immigration Services, Suite 3300, 

20 Massachusetts Avenue, NW., 

Washington, DC 20529. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. However, 

USCIS will consider individual 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–0655, 

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, 

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 from the 

individuals who are the subject of these 

records. Information contained in this 

system may also be supplied by DHS, 

other U.S. Federal, State, tribal, or local 

government agencies, foreign 

government agencies, and international 

organizations. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: December 29, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–31267 Filed 1–4–10; 8:45 am] 

BILLING CODE 9111–97–P 

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. 

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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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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 


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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; 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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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 statusrelated 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
416 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices 

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, 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices 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 ComputerLinked 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 

DEPARTMENT OF HOMELAND 

SECURITY 

National Protection and Programs 

Directorate; Statewide Communication 

Interoperability Plan Implementation 

Report 

AGENCY: National Protection and 

Programs Directorate, Department of 

Homeland Security. 

ACTION: 60-Day Notice and request for 

comments; New Information Collection 

Request: 1670–NEW. 

SUMMARY: The Department of Homeland 

Security, National Protection and 

Programs Directorate/Cybersecurity and 

Communications/Office of Emergency 

Communications, has submitted the 

following Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995 (Pub. L. 104–13, 44 U.S.C. Chapter 

35). 

DATES: Comments are encouraged and 

will be accepted until March 8, 2010. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESSES: Written comments and 

questions about this Information 

Collection Request should be forwarded 

to NPPD/CS&C/OEC, Attn.: Jonathan 

Clinton, Jonathan.Clinton@dhs.gov. 

SUPPLEMENTARY INFORMATION: The Office 

of Emergency Communications (OEC), 

formed under Title XVIII of the 

Homeland Security Act of 2002, 6 

U.S.C. 101 et seq., is responsible for 

ensuring that activities funded by the 

Interoperable Emergency 

Communications Grant Program (IECGP) 

(6 U.S.C. 579) comply with the 

Statewide Communication 

Interoperability Plan (SCIP) for that 

State required by section 7303(f) of the 

Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 194(f)). 

Further, under the Implementing 

Recommendations of the 9/11 

Commission Act of 2007 (6 U.S.C. 

579(m)), a State that receives a grant 

under the IECGP must annually submit 

to the Director of OEC a report on the 

progress of the State in implementing its 

SCIP and on achieving interoperability 

at the city, county, regional, State, and 

interstate levels. OEC is then required to 

make these reports publicly available (6 

U.S.C. 579(m)). The SCIP 

Implementation Report Form is 

designed to meet these statutory 

requirements. SCIP Implementation 

Reports will be submitted electronically. 

Analysis 

Agency: Department of Homeland 

Security, National Protection and 

Programs Directorate. 

Title: Statewide Communication 

Interoperability Plan Implementation 

Report. 

Form: Not Applicable. 

OMB Number: 1670–NEW. 

Frequency: Yearly. 

Affected Public: State, local, or tribal 

government. 

Number of Respondents: 56. 

Estimated Time per Respondent: 6 

hours. 

Total Burden Hours: 336 annual 

burden hours. 

Total Burden Cost (operating/ 

maintaining): $8,205.12. 

Signed: December 22, 2009. 

Thomas Chase Garwood, III, 

Chief Information Officer, National Protection 

and Programs Directorate, Department of 

Homeland Security. 

[FR Doc. E9–31266 Filed 1–4–10; 8:45 am] 

BILLING CODE 9910–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2009–1100] 

Certificate of Alternative Compliance 

for the High Speed Ferry SUSITNA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice. 

SUMMARY: The Coast Guard announces 

that a Certificate of Alternative 

Compliance was issued for the high 

speed ferry SUSITNA as required by 33 

U.S.C. 1605(c) and 33 CFR 81.18. 

DATES: The Certificate of Alternative 

Compliance was issued on December 

18, 2009. 

ADDRESSES: The docket for this notice is 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 


srobinson on DSKHWCL6B1PROD with PROPOSALS