Sorn_dhs_ice 001, 75 Fr 412

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.

srobinson on DSKHWCL6B1PROD with PROPOSALS

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

VerDate Nov<24>2008

16:41 Jan 04, 2010

Jkt 220001

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.

PO 00000

Frm 00077

Fmt 4703

Sfmt 4703

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
Privacy Office, DHS.
Modification to an existing
system of records.
AGENCY:
ACTION:

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

E:\FR\FM\05JAN1.SGM

05JAN1

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

srobinson on DSKHWCL6B1PROD with PROPOSALS

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

VerDate Nov<24>2008

16:41 Jan 04, 2010

Jkt 220001

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

PO 00000

Frm 00078

Fmt 4703

Sfmt 4703

413

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

E:\FR\FM\05JAN1.SGM

05JAN1

414

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

srobinson on DSKHWCL6B1PROD with PROPOSALS

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

VerDate Nov<24>2008

16:41 Jan 04, 2010

Jkt 220001

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.

PO 00000

Frm 00079

Fmt 4703

Sfmt 4703

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;

E:\FR\FM\05JAN1.SGM

05JAN1

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

srobinson on DSKHWCL6B1PROD with PROPOSALS

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

VerDate Nov<24>2008

16:41 Jan 04, 2010

Jkt 220001

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

PO 00000

Frm 00080

Fmt 4703

Sfmt 4703

415

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

E:\FR\FM\05JAN1.SGM

05JAN1

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

VerDate Nov<24>2008

16:41 Jan 04, 2010

Jkt 220001

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

PO 00000

Frm 00081

Fmt 4703

Sfmt 4703

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,

E:\FR\FM\05JAN1.SGM

05JAN1

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

srobinson on DSKHWCL6B1PROD with PROPOSALS

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).

VerDate Nov<24>2008

16:41 Jan 04, 2010

Jkt 220001

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

417

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

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

PO 00000

Frm 00082

Fmt 4703

Sfmt 4703

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
Coast Guard, DHS.
Notice.

AGENCY:
ACTION:

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,

E:\FR\FM\05JAN1.SGM

05JAN1