81_FR_52746 81 FR 52593 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-015 LeadTrac System of Records

81 FR 52593 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-015 LeadTrac System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 153 (August 9, 2016)

Page Range52593-52595
FR Document2016-18812

The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Immigration and Customs Enforcement-015 LeadTrac 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.

Federal Register, Volume 81 Issue 153 (Tuesday, August 9, 2016)
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Proposed Rules]
[Pages 52593-52595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18812]


========================================================================
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. 81, No. 153 / Tuesday, August 9, 2016 / 
Proposed Rules

[[Page 52593]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0052]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Immigration and Customs Enforcement-015 LeadTrac 
System of Records

AGENCY: Department of Homeland Security (DHS), Privacy Office.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security/U.S. Immigration 
and Customs Enforcement-015 LeadTrac 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 September 9, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0052, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan Cantor, Acting 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 notice. 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: Amber Smith, Privacy Officer, (202-
732-3300), U.S. Immigration and Customs Enforcement, 500 12th Street 
SW., Mail Stop 5004, Washington, DC 20536, email: ICEPrivacy@dhs.gov, 
or Jonathan R. Cantor (202-343-1717), Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security (DHS) is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``DHS/U.S. Immigration and Customs Enforcement 
(ICE)-015 LeadTrac System of Records'' and this proposed rule. In this 
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.
    The LeadTrac System of Records describes the operation of an ICE 
information technology system of the same name, which is owned by ICE's 
Homeland Security Investigations (HSI) directorate. This system 
contains a repository of data that is ingested on a routine or ad hoc 
basis from other existing sources, and an index created from that data. 
LeadTrac incorporates tools that allow the data to be queried, 
analyzed, and presented in a variety of formats that can help 
illuminate relationships among the various data elements. The purpose 
of LeadTrac is to help ICE HSI personnel conduct research and analysis 
using advanced analytic tools in support of their law enforcement 
mission.

LeadTrac Overview

    This record system allows DHS to collect and maintain information 
about foreign students, exchange visitors, and other non-immigrant 
visitors to the United Sates who overstay their period of admission or 
otherwise violate the terms of their visa, immigrant, or non-immigrant 
status (collectively, status violators), and associated organizations 
and individuals. Using LeadTrac, the Counterterrorism and Criminal 
Exploitation Unit (CTCEU) collects personally identifiable information 
(PII) from key Department of Homeland Security (DHS) databases and 
analyzes it to identify individuals who are suspected status violators. 
The Counterterrorism and Criminal Exploitation Unit will also use 
LeadTrac to collect information about organizations such as schools, 
universities, and exchange visitor programs being investigated by 
CTCEU, as well as information about individuals, including designated 
school officials (DSOs) and associates of suspected status violators.
    ICE collects information in LeadTrac about suspected status 
violators and organizations to help enforce compliance with U.S. 
immigration laws. Specifically, the information is collected and used 
to support the following DHS activities: Investigating and determining 
immigration status and criminal history information of individuals; 
carrying out the appropriate enforcement activity required; identifying 
fraudulent schools and/or organizations and the people affiliated with 
the school or organization; providing HSI and ICE Enforcement and 
Removal Operations (ERO) with viable lead information to further 
investigate suspected status violators; and carrying out the required 
enforcement activity.
    The CTCEU and Overstay Analysis Unit (OAU) personnel query a 
variety of DHS and non-DHS information systems and enter the results 
into LeadTrac to build a unified picture of an individual's entry/exit, 
visa, criminal and immigration history, and will comparably process 
information about associated individuals and organizations. Using this 
assembled information, CTCEU will determine which individuals or 
organizations warrant additional investigation for possible status 
violations or the operation of fraudulent institutions, and will 
request that the appropriate HSI field offices initiate investigations. 
Some of the individuals about whom ICE collects information in 
LeadTrac, such as DSOs and associates of suspected status violators, 
may have lawful permanent resident (LPR) status or be U.S. citizens.
    Consistent with the Department's information sharing mission, 
information stored in the DHS/ICE-015

[[Page 52594]]

LeadTrac 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 information may be shared with 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in the system of records notice and as otherwise authorized under 
the Privacy Act.
    This newly established system 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 governing 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 any 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 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    The Privacy Act allows Government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, it must issue a rule to make clear to the public the 
reasons why a particular exemption is claimed, and provide an 
opportunity to comment.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for DHS/ICE-015 LeadTrac System of Records. Some information in 
this system of records relates to official DHS national security, law 
enforcement, and immigration 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 protect the identities and physical safety of 
confidential informants and law enforcement personnel; to ensure DHS's 
ability to obtain information from third parties and other sources; and 
to protect the privacy of third parties. 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 system of records notice for DHS/ICE-015 LeadTrac System of 
Records 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: Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et 
seq.); 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. Add paragraph 74 to Appendix C to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    74. The DHS/ICE-015 LeadTrac System of Records consists of 
electronic and paper records and will be used by ICE investigative 
and homeland security personnel. The DHS/ICE-015 LeadTrac System of 
Records contains aggregated data from ICE and DHS law enforcement 
and homeland security IT systems, as well as data uploaded by ICE 
personnel for analysis from various public, private, and commercial 
sources during the course of an investigation or analytical project. 
This information may include some or all of the following types of 
personally identifiable information: Identifying and biographic data 
such as name and date of birth; citizenship and immigration data; 
border crossing data; customs import-export history; criminal 
history; contact information; criminal associates; family 
relationships; photographs and other media; and employment and 
education information. The records also include tips received by ICE 
from the public concerning suspicious or potentially illegal 
activity, as well as telephone call detail records, which contain 
call transactions and subscriber data, obtained via lawful process 
during the course of an investigation. This information is 
maintained by ICE for analytical and investigative purposes and is 
made accessible to ICE personnel via the LeadTrac system interface. 
The system is used to conduct research supporting the production of 
law enforcement activities; provide lead information for 
investigative inquiry and follow-up; assist in the conduct of ICE 
criminal and administrative investigations; assist in the disruption 
of terrorist or other criminal activity; and discover previously 
unknown connections among existing ICE investigations.
    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). Additionally, the Secretary of Homeland Security, 
pursuant to 5 U.S.C. 552a(k)(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)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When 
a record received from another system has been exempted in that 
source system under 5 U.S.C. 552a(j)(2) or (k)(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 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/or 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. Disclosure of 
corrections or notations of dispute may impede investigations by 
requiring DHS to inform each witness or individual contacted during 
the investigation of each correction or notation pertaining to 
information provided them during the investigation.
    (b) From subsection (d) (Access 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 classified and

[[Page 52595]]

other 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 interests 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), (e)(4)(H), and (e)(4)(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 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, and 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 disclosure of 
investigative techniques, procedures, and evidence.
    (i) From subsection (g)(1) (Civil Remedies) to the extent that 
the system is exempt from other specific subsections of the Privacy 
Act.

    Dated: August 3, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2016-18812 Filed 8-8-16; 8:45 am]
 BILLING CODE 9111-28-P



                                                                                                                                                                                               52593

                                               Proposed Rules                                                                                                Federal Register
                                                                                                                                                             Vol. 81, No. 153

                                                                                                                                                             Tuesday, August 9, 2016



                                               This section of the FEDERAL REGISTER                      Docket: For access to the docket to                 Counterterrorism and Criminal
                                               contains notices to the public of the proposed          read background documents or                          Exploitation Unit (CTCEU) collects
                                               issuance of rules and regulations. The                  comments received, go to http://                      personally identifiable information (PII)
                                               purpose of these notices is to give interested          www.regulations.gov.                                  from key Department of Homeland
                                               persons an opportunity to participate in the                                                                  Security (DHS) databases and analyzes
                                               rule making prior to the adoption of the final          FOR FURTHER INFORMATION CONTACT:
                                               rules.                                                  Amber Smith, Privacy Officer, (202–                   it to identify individuals who are
                                                                                                       732–3300), U.S. Immigration and                       suspected status violators. The
                                                                                                       Customs Enforcement, 500 12th Street                  Counterterrorism and Criminal
                                               DEPARTMENT OF HOMELAND                                  SW., Mail Stop 5004, Washington, DC                   Exploitation Unit will also use LeadTrac
                                               SECURITY                                                20536, email: ICEPrivacy@dhs.gov, or                  to collect information about
                                                                                                       Jonathan R. Cantor (202–343–1717),                    organizations such as schools,
                                               Office of the Secretary                                 Acting Chief Privacy Officer, Privacy                 universities, and exchange visitor
                                                                                                       Office, Department of Homeland                        programs being investigated by CTCEU,
                                               6 CFR Part 5                                            Security, Washington, DC 20528.                       as well as information about
                                               [Docket No. DHS–2016–0052]                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                             individuals, including designated
                                                                                                                                                             school officials (DSOs) and associates of
                                               Privacy Act of 1974: Implementation of                  I. Background                                         suspected status violators.
                                               Exemptions; Department of Homeland                         The Department of Homeland                            ICE collects information in LeadTrac
                                               Security/U.S. Immigration and                           Security (DHS) is giving concurrent                   about suspected status violators and
                                               Customs Enforcement–015 LeadTrac                        notice of a newly established system of               organizations to help enforce
                                               System of Records                                       records pursuant to the Privacy Act of                compliance with U.S. immigration laws.
                                                                                                       1974 for the ‘‘DHS/U.S. Immigration                   Specifically, the information is collected
                                               AGENCY:  Department of Homeland                                                                               and used to support the following DHS
                                                                                                       and Customs Enforcement (ICE)–015
                                               Security (DHS), Privacy Office.                                                                               activities: Investigating and determining
                                                                                                       LeadTrac System of Records’’ and this
                                               ACTION: Notice of proposed rulemaking.                  proposed rule. In this rulemaking, the                immigration status and criminal history
                                                                                                       Department proposes to exempt                         information of individuals; carrying out
                                               SUMMARY:   The Department of Homeland                                                                         the appropriate enforcement activity
                                               Security is giving concurrent notice of a               portions of the system of records from
                                                                                                       one or more provisions of the Privacy                 required; identifying fraudulent schools
                                               newly established system of records                                                                           and/or organizations and the people
                                               pursuant to the Privacy Act of 1974 for                 Act because of criminal, civil, and
                                                                                                       administrative enforcement                            affiliated with the school or
                                               the ‘‘Department of Homeland Security/                                                                        organization; providing HSI and ICE
                                               U.S. Immigration and Customs                            requirements.
                                                                                                          The LeadTrac System of Records                     Enforcement and Removal Operations
                                               Enforcement–015 LeadTrac System of                                                                            (ERO) with viable lead information to
                                                                                                       describes the operation of an ICE
                                               Records’’ and this proposed rulemaking.                                                                       further investigate suspected status
                                                                                                       information technology system of the
                                               In this proposed rulemaking, the                                                                              violators; and carrying out the required
                                                                                                       same name, which is owned by ICE’s
                                               Department proposes to exempt                                                                                 enforcement activity.
                                                                                                       Homeland Security Investigations (HSI)
                                               portions of the system of records from                                                                           The CTCEU and Overstay Analysis
                                                                                                       directorate. This system contains a
                                               one or more provisions of the Privacy                                                                         Unit (OAU) personnel query a variety of
                                                                                                       repository of data that is ingested on a
                                               Act because of criminal, civil, and                                                                           DHS and non-DHS information systems
                                                                                                       routine or ad hoc basis from other
                                               administrative enforcement                                                                                    and enter the results into LeadTrac to
                                                                                                       existing sources, and an index created
                                               requirements.                                                                                                 build a unified picture of an
                                                                                                       from that data. LeadTrac incorporates
                                               DATES:  Comments must be received on                    tools that allow the data to be queried,              individual’s entry/exit, visa, criminal
                                               or before September 9, 2016.                            analyzed, and presented in a variety of               and immigration history, and will
                                               ADDRESSES: You may submit comments,                     formats that can help illuminate                      comparably process information about
                                               identified by docket number DHS–                        relationships among the various data                  associated individuals and
                                               2016–0052, by one of the following                      elements. The purpose of LeadTrac is to               organizations. Using this assembled
                                               methods:                                                help ICE HSI personnel conduct                        information, CTCEU will determine
                                                 • Federal e-Rulemaking Portal: http://                research and analysis using advanced                  which individuals or organizations
                                               www.regulations.gov. Follow the                         analytic tools in support of their law                warrant additional investigation for
                                               instructions for submitting comments.                   enforcement mission.                                  possible status violations or the
                                                 • Fax: 202–343–4010.                                                                                        operation of fraudulent institutions, and
                                                 • Mail: Jonathan Cantor, Acting Chief                 LeadTrac Overview                                     will request that the appropriate HSI
                                               Privacy Officer, Privacy Office,                          This record system allows DHS to                    field offices initiate investigations.
                                               Department of Homeland Security,                        collect and maintain information about                Some of the individuals about whom
                                                                                                       foreign students, exchange visitors, and              ICE collects information in LeadTrac,
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               Washington, DC 20528.
                                                 Instructions: All submissions received                other non-immigrant visitors to the                   such as DSOs and associates of
                                               must include the agency name and                        United Sates who overstay their period                suspected status violators, may have
                                               docket number for this notice. All                      of admission or otherwise violate the                 lawful permanent resident (LPR) status
                                               comments received will be posted                        terms of their visa, immigrant, or non-               or be U.S. citizens.
                                               without change to http://                               immigrant status (collectively, status                   Consistent with the Department’s
                                               www.regulations.gov, including any                      violators), and associated organizations              information sharing mission,
                                               personal information provided.                          and individuals. Using LeadTrac, the                  information stored in the DHS/ICE–015


                                          VerDate Sep<11>2014   15:05 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\09AUP1.SGM   09AUP1


                                               52594                   Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Proposed Rules

                                               LeadTrac System of Records may be                       parties and other sources; and to protect             enforcement activities; provide lead
                                               shared with other DHS components that                   the privacy of third parties. Disclosure              information for investigative inquiry and
                                               have a need to know the information to                  of information to the subject of the                  follow-up; assist in the conduct of ICE
                                                                                                                                                             criminal and administrative investigations;
                                               carry out their national security, law                  inquiry could also permit the subject to
                                                                                                                                                             assist in the disruption of terrorist or other
                                               enforcement, immigration, intelligence,                 avoid detection or apprehension.                      criminal activity; and discover previously
                                               or other homeland security functions. In                  In appropriate circumstances, when                  unknown connections among existing ICE
                                               addition, DHS/ICE information may be                    compliance would not appear to                        investigations.
                                               shared with appropriate federal, state,                 interfere with or adversely affect the law               The Secretary of Homeland Security,
                                               local, tribal, territorial, foreign, or                 enforcement purposes of this system                   pursuant to 5 U.S.C. 552a(j)(2), has exempted
                                               international government agencies                       and the overall law enforcement                       this system from the following provisions of
                                               consistent with the routine uses set                    process, the applicable exemptions may                the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4);
                                               forth in the system of records notice and               be waived on a case-by-case basis.                    (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),
                                                                                                         A system of records notice for DHS/                 (e)(4)(I), (e)(5), (e)(8); (f); and (g).
                                               as otherwise authorized under the
                                                                                                                                                             Additionally, the Secretary of Homeland
                                               Privacy Act.                                            ICE–015 LeadTrac System of Records is                 Security, pursuant to 5 U.S.C. 552a(k)(2), has
                                                 This newly established system will be                 also published in this issue of the                   exempted this system from the following
                                               included in DHS’s inventory of record                   Federal Register.                                     provisions of the Privacy Act: 5 U.S.C.
                                               systems.                                                                                                      552a(c)(3), (c)(4); (d); (e)(1), (e)(4)(G),
                                                                                                       List of Subjects in 6 CFR Part 5
                                                                                                                                                             (e)(4)(H), (e)(4)(I); and (f). When a record
                                               II. Privacy Act                                           Freedom of information; Privacy.                    received from another system has been
                                                  The Privacy Act embodies fair                          For the reasons stated in the                       exempted in that source system under 5
                                               information practice principles in a                    preamble, DHS proposes to amend                       U.S.C. 552a(j)(2) or (k)(2), DHS will claim the
                                               statutory framework governing the                       chapter I of title 6, Code of Federal                 same exemptions for those records that are
                                               means by which Federal Government                                                                             claimed for the original primary systems of
                                                                                                       Regulations, as follows:                              records from which they originated and
                                               agencies collect, maintain, use, and
                                                                                                                                                             claims any additional exemptions set forth
                                               disseminate individuals’ records. The                   PART 5—DISCLOSURE OF RECORDS                          here.
                                               Privacy Act applies to information that                 AND INFORMATION                                          Exemptions from these particular
                                               is maintained in a ‘‘system of records.’’                                                                     subsections are justified, on a case-by-case
                                               A ‘‘system of records’’ is a group of any               ■ 1. The authority citation for part 5                basis to be determined at the time a request
                                               records under the control of an agency                  continues to read as follows:                         is made, for the following reasons:
                                               from which information is retrieved by                    Authority: Pub. L. 107–296, 116 Stat. 2135;            (a) From subsection (c)(3) and (4)
                                               the name of an individual or by some                    (6 U.S.C. 101 et seq.); 5 U.S.C. 301. Subpart         (Accounting for Disclosures) because release
                                               identifying number, symbol, or other                    A also issued under 5 U.S.C. 552. Subpart B           of the accounting of disclosures could alert
                                               identifying particular assigned to the                  also issued under 5 U.S.C. 552a.                      the subject of an investigation of an actual or
                                               individual. In the Privacy Act, an                                                                            potential criminal, civil, or regulatory
                                                                                                       ■ 2. Add paragraph 74 to Appendix C to                violation to the existence of that investigation
                                               individual is defined to encompass U.S.                 read as follows:                                      and reveal investigative interest on the part
                                               citizens and lawful permanent                                                                                 of DHS as well as the recipient agency.
                                               residents. As a matter of policy, DHS                   Appendix C to Part 5—DHS Systems of
                                                                                                                                                             Disclosure of the accounting would therefore
                                               extends administrative Privacy Act                      Records Exempt From the Privacy Act
                                                                                                                                                             present a serious impediment to law
                                               protections to all individuals when                     *      *      *      *       *                        enforcement efforts and/or efforts to preserve
                                               systems of records maintain information                    74. The DHS/ICE–015 LeadTrac System of             national security. Disclosure of the
                                               on U.S. citizens, lawful permanent                      Records consists of electronic and paper              accounting would also permit the individual
                                               residents, and visitors.                                records and will be used by ICE investigative         who is the subject of a record to impede the
                                                  The Privacy Act allows Government                    and homeland security personnel. The DHS/             investigation, to tamper with witnesses or
                                               agencies to exempt certain records from                 ICE–015 LeadTrac System of Records                    evidence, and to avoid detection or
                                               the access and amendment provisions. If                 contains aggregated data from ICE and DHS             apprehension, which would undermine the
                                                                                                       law enforcement and homeland security IT              entire investigative process. Disclosure of
                                               an agency claims an exemption, it must                  systems, as well as data uploaded by ICE              corrections or notations of dispute may
                                               issue a rule to make clear to the public                personnel for analysis from various public,           impede investigations by requiring DHS to
                                               the reasons why a particular exemption                  private, and commercial sources during the            inform each witness or individual contacted
                                               is claimed, and provide an opportunity                  course of an investigation or analytical              during the investigation of each correction or
                                               to comment.                                             project. This information may include some            notation pertaining to information provided
                                                  DHS is claiming exemptions from                      or all of the following types of personally           them during the investigation.
                                               certain requirements of the Privacy Act                 identifiable information: Identifying and                (b) From subsection (d) (Access to Records)
                                               for DHS/ICE–015 LeadTrac System of                      biographic data such as name and date of              because access to the records contained in
                                               Records. Some information in this                       birth; citizenship and immigration data;              this system of records could inform the
                                                                                                       border crossing data; customs import-export           subject of an investigation of an actual or
                                               system of records relates to official DHS
                                                                                                       history; criminal history; contact                    potential criminal, civil, or regulatory
                                               national security, law enforcement, and                 information; criminal associates; family              violation to the existence of that investigation
                                               immigration activities. These                           relationships; photographs and other media;           and reveal investigative interest on the part
                                               exemptions are needed to protect                        and employment and education information.             of DHS or another agency. Access to the
                                               information relating to DHS activities                  The records also include tips received by ICE         records could permit the individual who is
                                               from disclosure to subjects or others                   from the public concerning suspicious or              the subject of a record to impede the
                                               related to these activities. Specifically,              potentially illegal activity, as well as              investigation, to tamper with witnesses or
                                               the exemptions are required to preclude                 telephone call detail records, which contain          evidence, and to avoid detection or
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                                               subjects of these activities from                       call transactions and subscriber data,                apprehension. Amendment of the records
                                                                                                       obtained via lawful process during the course         could interfere with ongoing investigations
                                               frustrating these processes; to avoid
                                                                                                       of an investigation. This information is              and law enforcement activities and would
                                               disclosure of activity techniques; to                   maintained by ICE for analytical and                  impose an unreasonable administrative
                                               protect the identities and physical safety              investigative purposes and is made accessible         burden by requiring investigations to be
                                               of confidential informants and law                      to ICE personnel via the LeadTrac system              continually reinvestigated. In addition,
                                               enforcement personnel; to ensure DHS’s                  interface. The system is used to conduct              permitting access and amendment to such
                                               ability to obtain information from third                research supporting the production of law             information could disclose classified and



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                                                                        Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Proposed Rules                                         52595

                                               other security-sensitive information that               SMALL BUSINESS ADMINISTRATION                         Washington, DC 20416; telephone: (202)
                                               could be detrimental to homeland security.                                                                    205–7654; email: robert.carpenter@
                                                  (c) From subsection (e)(1) (Relevancy and            13 CFR Parts 115 and 120                              sba.gov.
                                               Necessity of Information) because in the
                                               course of investigations into potential                 RIN 3245–AF85                                         SUPPLEMENTARY INFORMATION:
                                               violations of federal law, the accuracy of                                                                    I. Background Information
                                               information obtained or introduced                      Miscellaneous Amendments to
                                               occasionally may be unclear, or the                     Business Loan Programs and Surety                        Executive Order 13563, Improving
                                               information may not be strictly relevant or             Bond Guarantee Program                                Regulation and Regulatory Review, 76
                                               necessary to a specific investigation. In the                                                                 FR 3821 (January 21, 2011), directs
                                               interests of effective law enforcement, it is           AGENCY:  U.S. Small Business                          agencies to ensure that regulations are
                                               appropriate to retain all information that may          Administration.                                       accessible, consistent, written in plain
                                               aid in establishing patterns of unlawful                ACTION: Proposed rule.                                language, and easy to understand in
                                               activity.                                                                                                     order to foster economic growth and job
                                                  (d) From subsection (e)(2) (Collection of            SUMMARY:   The U.S. Small Business                    creation. Executive Order 13563
                                               Information from Individuals) because                   Administration (SBA) continues to                     provides that our regulatory system
                                               requiring that information be collected from            review the regulations governing the                  ‘‘must identify and use the best, most
                                               the subject of an investigation would alert the         delivery and oversight of its business                innovative and least burdensome tools
                                               subject to the nature or existence of the               lending programs. SBA is proposing
                                               investigation, thereby interfering with that                                                                  for achieving regulatory ends.’’
                                                                                                       changes to some of these regulations for              Executive Order 13563 further provides
                                               investigation and related law enforcement               clarity and to increase participation in:
                                               activities.                                                                                                   that ‘‘[t]o facilitate the periodic review
                                                                                                       The Surety Bond Guarantee (SBG)                       of existing significant regulations,
                                                  (e) From subsection (e)(3) (Notice to
                                               Subjects) because providing such detailed
                                                                                                       Program, the 7(a) Loan Program, the                   agencies shall consider how best to
                                               information could impede law enforcement                Microloan Program, and the                            promote retrospective analysis of rules
                                               by compromising the existence of a                      Development Company Loan Program                      that may be outmoded, ineffective,
                                               confidential investigation or reveal the                (504 Loan Program). In addition, the                  insufficient, or excessively burdensome,
                                               identity of witnesses or confidential                   proposed changes will streamline the                  and to modify, streamline, expand, or
                                               informants.                                             regulations by removing or revising any               repeal them in accordance with what
                                                  (f) From subsections (e)(4)(G), (e)(4)(H),           outdated regulations.                                 has been learned.’’ SBA has reviewed its
                                               and (e)(4)(I) (Agency Requirements) and (f)             DATES: SBA must receive comments to                   regulations with regard to the Business
                                               (Agency Rules), because portions of this
                                                                                                       the proposed rule on or before October                Loan Programs, as defined below, and is
                                               system are exempt from the individual access
                                               provisions of subsection (d) for the reasons
                                                                                                       11, 2016.                                             proposing a number of amendments and
                                               noted above, and therefore DHS is not                   ADDRESSES: You may submit comments,                   revisions to accomplish this goal.
                                               required to establish requirements, rules, or           identified by RIN 3245–AF85, by any of                   The SBA programs affected by this
                                               procedures with respect to such access.                 the following methods:                                proposed rule are the 7(a) Loan Program
                                               Providing notice to individuals with respect              • Federal eRulemaking Portal: http://               authorized pursuant to section 7(a) of
                                               to existence of records pertaining to them in           www.regulations.gov. Follow the                       the Small Business Act (the Act) (15
                                               the system of records or otherwise setting up           instructions for submitting comments.                 U.S.C. 636(a)), the Microloan Program
                                               procedures pursuant to which individuals                  • Mail: Mary Frias, Office of                       authorized pursuant to section 7(m) of
                                               may access and view records pertaining to               Financial Assistance, Office of Capital               the Act (15 U.S.C. 636(m)), the Surety
                                               themselves in the system would undermine                                                                      Bond Guarantee Program authorized
                                                                                                       Access, Small Business Administration,
                                               investigative efforts and reveal the identities                                                               pursuant to part B of title IV of the
                                               of witnesses, and potential witnesses, and              409 Third Street SW., Washington, DC
                                                                                                       20416.                                                Small Business Investment Act of 1958
                                               confidential informants.                                                                                      (15 U.S.C. 694b et seq.), and the
                                                  (g) From subsection (e)(5) (Collection of              • Hand Delivery/Courier: Mary Frias,
                                                                                                       Office of Financial Assistance, Office of             Development Company Program (the
                                               Information) because with the collection of
                                               information for law enforcement purposes, it            Capital Access, Small Business                        504 Loan Program) authorized pursuant
                                               is impossible to determine in advance what              Administration, 409 Third Street SW.,                 to title V of the Small Business
                                               information is accurate, relevant, timely, and          Washington, DC 20416.                                 Investment Act of 1958 (15 U.S.C. 695
                                               complete. Compliance with subsection (e)(5)               SBA will post all comments on                       et seq.) (collectively referred to as the
                                               would preclude DHS agents from using their              www.regulations.gov. If you wish to                   Business Loan Programs).
                                               investigative training and exercise of good             submit confidential business                             The Agency requests comments on all
                                               judgment to both conduct and report on
                                                                                                       information (CBI) as defined in the User              aspects of the regulatory revisions in
                                               investigations.                                                                                               this proposed rule and on any related
                                                  (h) From subsection (e)(8) (Notice on
                                                                                                       Notice at www.regulations.gov, please
                                                                                                       submit the information to Office of                   issues affecting the Business Loan
                                               Individuals) because compliance would                                                                         Programs.
                                               interfere with DHS’s ability to obtain, serve,          Financial Assistance, Office of Capital
                                               and issue subpoenas, warrants, and other law            Access, 409 Third Street SW.,                         II. Summary of Proposed Business Loan
                                               enforcement mechanisms that may be filed                Washington, DC 20416. Highlight the                   Program Changes
                                               under seal and could result in disclosure of            information that you consider to be CBI                  SBA’s proposed changes are described
                                               investigative techniques, procedures, and               and explain why you believe SBA
                                               evidence.
                                                                                                                                                             in this section, with additional details
                                                                                                       should hold this information as                       on each located in the section-by-
                                                  (i) From subsection (g)(1) (Civil Remedies)          confidential. SBA will review the
                                               to the extent that the system is exempt from                                                                  section analysis that follows:
                                                                                                       information and make the final
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                                               other specific subsections of the Privacy Act.                                                                A. Surety Bond Guarantee Program
                                                                                                       determination whether it will publish
                                                  Dated: August 3, 2016.                               the information.                                        1. Threshold Change. SBA proposes
                                               Jonathan R. Cantor,
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      to change the threshold amounts set
                                               Acting Chief Privacy Officer, Department of             Robert Carpenter, Financial Analyst,                  forth in §§ 115.19, 115.32, and 115.67
                                               Homeland Security.
                                                                                                       Office of Financial Assistance, Office of             under which Sureties are required to
                                               [FR Doc. 2016–18812 Filed 8–8–16; 8:45 am]              Capital Access, Small Business                        notify SBA, or obtain SBA’s prior
                                               BILLING CODE 9111–28–P                                  Administration, 409 Third Street SW.,                 written approval, of changes in the


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Document Created: 2016-08-09 01:10:21
Document Modified: 2016-08-09 01:10:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before September 9, 2016.
ContactAmber Smith, Privacy Officer, (202- 732-3300), U.S. Immigration and Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, DC 20536, email: [email protected], or Jonathan R. Cantor (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation81 FR 52593 

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