Proposed Rule2021-26478
Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security U.S. Immigrations and Customs Enforcement, DHS/ICE-001 Student and Exchange Visitor Program System of Records, Formerly Known as the Student and Exchange Visitor Information System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 8, 2021
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security (DHS) is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the "DHS/U.S. Immigrations and Customs Enforcement (ICE)-001 Student and Exchange Visitor Program System of Records" and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 233 (Wednesday, December 8, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Proposed Rules]
[Pages 69587-69589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26478]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 /
Proposed Rules
[[Page 69587]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. ICEB-2020-0010]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Department of Homeland Security U.S. Immigrations and Customs
Enforcement, DHS/ICE-001 Student and Exchange Visitor Program System of
Records, Formerly Known as the Student and Exchange Visitor Information
System of Records
AGENCY: U.S. Department of Homeland Security, U.S. Immigration and
Customs Enforcement.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security (DHS) is giving
concurrent notice of an updated and reissued system of records pursuant
to the Privacy Act of 1974 for the ``DHS/U.S. Immigrations and Customs
Enforcement (ICE)-001 Student and Exchange Visitor Program System of
Records'' and this proposed rulemaking. In this proposed rulemaking,
the Department proposes to exempt portions of the system of records
from one or more provisions of the Privacy Act because of criminal,
civil, and administrative enforcement requirements.
DATES: Comments must be received on or before January 7, 2022.
ADDRESSES: You may submit comments, identified by docket number ICEB-
2020-0010, by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number ICEB-2020-0010. All comments received will be posted
without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Jordan Holz, (202) 732-3300, Privacy Officer, <a href="/cdn-cgi/l/email-protection#3079737560425946515349705953551e5458431e575f46"><span class="__cf_email__" data-cfemail="6029232530120916010319200903054e0408134e070f16">[email protected]</span></a>,
U.S. Immigration and Customs Enforcement, 500 12th SW, Washington, DC
20536. For privacy issues please contact: Lynn Parker Dupree, (202)
343-1717, Chief Privacy Officer, <a href="/cdn-cgi/l/email-protection#0a5a78637c6b69734a627b246e6279246d657c"><span class="__cf_email__" data-cfemail="41113328372022380129306f2529326f262e37">[email protected]</span></a>, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the U.S.
Department of Homeland Security (DHS), U.S. Immigration and Customs
Enforcement (ICE) proposes to modify, rename, and reissue a current DHS
system of records notice (SORN) titled, ``DHS/ICE-001 Student and
Exchange Visitor Information System (SEVIS),'' 75 FR 412 (January 5,
2010). ICE had previously reissued a Final Rule for this SORN on
October 23, 2008, published at 73 FR 63057. As a result of the
modifications to this SORN, DHS/ICE is proposing to issue this new
rule.
The DHS/ICE update to SEVIS includes several changes. First, the
system of records is being renamed ``Student and Exchange Visitor
Program (SEVP)'' to better align with the purpose of the program. The
system of records contains records on nonimmigrant students and
exchange visitors and their dependents admitted to the United States
under the F, M, or J class of admission (hereinafter, ``F/M/J
nonimmigrants''), and the schools and program sponsors that enroll F/M
nonimmigrants and host J nonimmigrants in the United States, to ensure
compliance with immigration laws and regulations and to ensure such
persons' nonimmigrant status is maintained. In addition, this system of
records contains records on the certification of academic and
vocational schools to authorize the enrollment of F and M nonimmigrant
students based on federal regulations, and provides guidance and
training to school officials about the SEVP certification requirements
to which schools must adhere to and the requirements that nonimmigrant
students must follow to maintain their nonimmigrant status.
Second, DHS is clarifying the types of individuals and entities
contained in this expanded system of records. Some items in the
categories of individuals section have been reorganized and edited to
more clearly identify the individuals, as well as expanded to include
new categories of individuals, such as employers, financial support
providers, government bodies and personnel, host families, members of
the public, school employees, school partners, and school and exchange
visitor program officials.
Third, DHS is modifying and expanding the categories of records
section to better identify the types of information contained in the
system of records. The new categories of records include education,
employment, financial, travel, immigration-related information, school,
program sponsor, case-related information, auditing and training,
reporting, and inquiries and data corrections.
Fourth, DHS is modifying Routine Use E and adding Routine Use F to
conform to Office of Management and Budget (OMB) Memorandum M-17-12,
``Preparing for and Responding to a Breach of Personally Identifiable
Information'' (Jan. 3, 2017). All the following routine uses are being
renumbered to account for the additional routine uses.
Finally, DHS is proposing to eliminate several routine uses, modify
several routine uses, and add two new routine uses that would allow ICE
to share information from the SEVP system of records with the specified
recipients for the specified purpose. Below is a summary of those
routine uses and their corresponding letter.
(J) Routine Use J is being updated to include disclosures to
parties to an administrative proceeding where DHS has an interest in
the outcome. This modification eliminates the need for two routine uses
previously identified as Routine Uses K and L, and subsequent routine
uses are being relettered to account for this change.
(O) Existing Routine Use P is being updated and relettered as
Routine Use O
[[Page 69588]]
to clarify that information may be shared about nonimmigrants between
certified schools or programs as part of the transfer process from one
school or program to another.
(R) Existing Routine Use S is being updated to be consistent with
the DHS standard routine use for technology and is now Routine Use R.
The modification eliminates the need for one routine use previously
identified as Routine Use T, and subsequent routine uses are being re-
lettered to account for this change.
(V) Routine Use V is being added to permit sharing identifying
information with accrediting agencies, recognized by the Department of
Education (ED), to facilitate the inspection and validation of schools
and exchange visitor programs in adherence to laws and regulations, and
subsequent routine uses are being re-lettered to account for this
additional routine use.
(W) Routine Use W is being added to clarify the sharing and
disclosure of information to federal, state, local, and other
government and public agencies, including foreign or international
agencies when the information is relevant and necessary to DHS or a
requesting agency's decision concerning the hiring or retention of an
individual, or the issuance, grant, renewal, suspension or revocation
of a security clearance, license, contract, grant or other benefit.
Information in the SEVP system of records may be shared with other
DHS Components that have a need to know the information to carry out
their national security, law enforcement, immigration, intelligence, or
other homeland security functions. In addition, DHS/ICE may share
information with appropriate federal, state, local, tribal,
territorial, foreign, or international government agencies consistent
with the routine uses set forth in this SORN. This modified system of
records will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies Fair Information Practice Principles in a
statutory framework that governs the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A system of records is a group of records under the
control of an agency from which information is retrieved by the name of
an individual or by some identifying number, symbol, or other matched
identifiers assigned to the individual. In the Privacy Act, an
individual is defined to encompass U.S. citizens and lawful permanent
residents. Further, those persons who do not currently fall under the
definition of individuals may naturalize or adjust status, thus
becoming Privacy Act-covered individuals, over the course of this
system's records retention schedule.
Additionally, the Judicial Redress Act (JRA) provides covered
persons with a statutory right to make requests for access and
amendment to covered records, as defined by the JRA, along with
judicial review for denials of such requests. The JRA also prohibits
disclosures of covered records, except as otherwise permitted by the
Privacy Act.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/ICE-001 SEVP System of Records. Some information in the
DHS/ICE-001 SEVP System of Records relates to official DHS national
security, law enforcement, immigration, and intelligence activities.
These exemptions are needed to protect information relating to DHS
activities from disclosure to subjects or others related to these
activities. Specifically, the exemptions are required to preclude
subjects of these activities from frustrating these processes; to avoid
disclosure of activity techniques; to ensure DHS's ability to obtain
information from third parties and other sources; to protect the
privacy of third parties; and to safeguard classified information.
Disclosure of information to the subject of the inquiry could also
permit the subject to avoid detection or apprehension.
In appropriate circumstances, when compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case-by-case basis.
A notice of System of Records for DHS/ICE-001 SEVP is also
published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
chapter I of title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for Part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301.
0
2. In Appendix C to Part 5, revise paragraph 10 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
10. The DHS/ICE-001 Student and Exchange Visitor Program System
of Records consists of electronic and paper records and will be used
by DHS and its components. The DHS/ICE-001 Student and Exchange
Visitor Program System of Records is a repository of information
held by DHS in connection with collecting and maintaining pertinent
information on nonimmigrant students and exchange visitors, schools
and exchange visitor programs, school officials and exchange visitor
sponsors that host exchange visitors while in the United States. In
addition, SEVP maintains and collects information pertinent to the
certification and oversight of academic and vocational schools
(U.S.-based schools) that seek to enroll F and M nonimmigrant
students to ensure compliance with federal laws and regulations.
Failure to comply will result in the withdrawal of the school's
certification, prohibiting the school from enrolling F and M
nonimmigrant students.
This system of records permits DHS to monitor compliance by
these persons with the terms of their admission to the United
States, and assists DHS with its several and varied missions and
functions, including, but not limited to, the enforcement of civil
and criminal laws, and the investigations, inquiries, and
proceedings thereunder, and national security and intelligence
activities. The DHS/ICE-001 Student and Exchange Visitor Program
System of Records contains information that is collected by, on
behalf of, in support of, or in cooperation with DHS and its
components and may contain personally identifiable information
collected by other federal, state, local, tribal, foreign, or
international government agencies.
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2) has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and
(g)(1). Additionally, the Secretary of Homeland Security, pursuant
to 5 U.S.C. 552a(k)(1) and (k)(2), has exempted this system from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
Where a record received from another system has been exempted in
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that are claimed for the original
primary systems of records from which they originated and claims any
additional exemptions set forth here.
Exemptions from these particular subsections are justified, on a
case-by-case
[[Page 69589]]
basis, to be determined at the time a request is made, for the
following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of that
investigation and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process. When an investigation
has been completed, information on disclosures made may continue to
be exempted if the fact that an investigation occurred remains
sensitive after completion.
(b) From subsection (d) (Access and Amendment to Records)
because access to the records contained in this system of records
could inform the subject of an investigation of an actual or
potential criminal, civil, or regulatory violation to the existence
of that investigation and reveal investigative interest on the part
of DHS or another agency. Access to the records could permit the
individual who is the subject of a record to impede the
investigation, to tamper with witnesses or evidence, and to avoid
detection or apprehension. Amendment of the records could interfere
with ongoing investigations and law enforcement activities and would
impose an unreasonable administrative burden by requiring
investigations to be continually reinvestigated. In addition,
permitting access and amendment to such information could disclose
security-sensitive information that could be detrimental to homeland
security.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of federal law, the accuracy of information obtained or
introduced occasionally may be unclear, or the information may not
be strictly relevant or necessary to a specific investigation. In
the interest of effective law enforcement, it is appropriate to
retain all information that may aid in establishing patterns of
unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G) through (I) (Agency Requirements)
and (f) (Agency Rules), because portions of this system are exempt
from the individual access provisions of subsection (d) for the
reasons noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to the existence of
records pertaining to them in the system of records or otherwise
setting up procedures pursuant to which individuals may access and
view records pertaining to themselves in the system would undermine
investigative efforts and reveal the identities of witnesses,
potential witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because,
with the collection of information for law enforcement purposes, it
is impossible to determine in advance what information is accurate,
relevant, timely, and complete. Compliance with subsection (e)(5)
would preclude DHS agents from using their investigative training
and exercise of good judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in the disclosure of
investigative techniques, procedures, and evidence.
(j) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
* * * * *
Lynn Parker Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2021-26478 Filed 12-7-21; 8:45 am]
BILLING CODE 9111-28-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 8, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.