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Proposed Rules
Federal Register Vol. 86, No. 233
Wednesday, December 8, 2021

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.

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. ICEB20200010

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 U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.
ACTION: Notice of proposed rulemaking.
AGENCY:

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 ICE001 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.

SUMMARY:

Comments must be received on or before January 7, 2022.
ADDRESSES: You may submit comments, identified by docket number ICEB
20200010, by one of the following methods:
Federal e-Rulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 2023434010.
Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 205280655.
Instructions: All submissions received must include the agency name and
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DATES:

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docket number ICEB20200010. All comments received will be posted without change to https
www.regulations.gov/, including any personal information provided.
Docket: For access to the docket to read background documents or comments received, go to https
www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions please contact: Jordan Holz, 202 7323300, Privacy Officer, ICEPrivacy@ice.dhs.gov, U.S.
Immigration and Customs Enforcement, 500 12th SW, Washington, DC 20536.
For privacy issues please contact: Lynn Parker Dupree, 202 3431717, Chief Privacy Officer, Privacy@hq.dhs.gov, Privacy Office, U.S. Department of Homeland Security, Washington, DC
205280655.
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/ICE001 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
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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 M1712, 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

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