[Federal Register Volume 60, Number 167 (Tuesday, August 29, 1995)]
[Notices]
[Pages 44901-44902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21343]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 106-95]
Privacy Act of 1974; New System of Records
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.
552a), notice is given that the Federal Bureau of Prisons (BOP), Office
of Internal Affairs (OIA), proposes to establish a new system of
records entitled, ``Bureau of Prisons, Office of Internal Affairs
Investigative Records (JUSTICE/BOP-102).'' Information in this system
relates to matters for which the OIA has responsibility pursuant to the
Inspector General Act of 1978, 5 U.S.C. App., as amended by the
Inspector General Act Amendments of 1988. Responsibilities include
auditing, inspecting, and investigating BOP programs and operations
with an objective to promote economy, efficiency, and effectiveness in
the administration of such programs and operations and to prevent and
detect fraud, waste, and abuse in such programs and operations. This
system covers records relating to BOP investigations of appropriate
individuals and entities (identified in the system description below).
A rule document promulgating exemptions for the system appears in the
Proposed Rules Section of today's Federal Register.
Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be
provided a 30-day period in which to comment on the routine uses of a
new system; the Office of Management and Budget (OMB), which has
oversight responsibilities under the Act, requires that it be given a
40-day period in which to review the system.
Therefore, please submit any comments by September 28, 1995. The
public, OMB and Congress are invited to send written comments to
Patricia E. Neely, Program Analyst, Systems Policy Staff, Justice
Management Division, Department of Justice, Washington, DC 20530 (Room
850, WCTR Building).
In accordance with Privacy Act requirements, the Department of
Justice has provided a report on the proposed system to OMB and the
Congress. A description of the system of records is provided below.
Dated: August 15, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/BOP-12
Bureau of Prisons (BOP), Office of Internal Affairs Investigative
Records, JUSTICE/BOP-012
Bureau of Prisons (BOP) Central Office, 320 First Street NW.,
Washington, DC 20534;
BOP Northeast Regional Office, U.S. Customs House, 7th Floor, 2nd and
Chestnut Street, Philadelphia, Pennsylvania, 19106;
BOP Mid-Atlantic Regional Office, Junction Business Park, 10010
Junction Drive, Suite 100N, Annapolis Junction, Maryland 20701;
BOP Southeast Regional Office, 523 McDonough Boulevard, Atlanta,
Georgia 30315
BOP North Central Regional Office, Gateway Complex, Inc., Tower II, 8th
Floor, 4th and State Avenue, Kansas City, Kansas 66101-2492
BOP South Central Regional Office, 4211 Cedar Springs Road, Suite 300,
Dallas, Texas 75219
BOP Western Regional Office, 7950 Dublin Boulevard, 3rd Floor, Dublin,
California 94568.
In addition, records may be retained at any of the BOP institutions
located within the regions. A complete list may be found in 28 CFR part
503.
In connection with its investigative duties, the Office of Internal
Affairs (OIA) will maintain records on the following categories of
individuals:
a. Individuals or entities who are or have been the subject of
inquiries of investigations conducted by the BOP including current or
former employees of the BOP; current and former consultants,
contractors, and subcontractors with whom the agency has contracted and
their employees; grantees to whom the BOP has awarded grants and their
employees; and such other individuals or entities whose association
with the BOP relates to alleged violation(s) of the BOP's rules of
conduct, the Civil Service merit system, and/or criminal or civil law,
which may affect the integrity or physical facilities of the BOP.
b. Individuals who are witnesses; complainants; confidential or
nonconfidential informants; and parties who have been identified by the
BOP or by other agencies, by constituent units of the BOP, or by
members of the general public as potential subjects of or parties to an
investigation under the jurisdiction of the BOP, OIA.
Information relating to investigations, including:
a. Letters, memoranda, and other documents citing complaints of
alleged criminal, civil or administrative misconduct.
b. Investigative files which include: Reports of investigations to
resolve allegations of misconduct or violations of law with related
exhibits, statements, affidavits or records obtained during
investigations; prior criminal or noncriminal records of individuals as
they relate to the investigations; reports from or to other law
enforcement bodies; information obtained from informants and
identifying data with respect to such informants; nature of allegations
made against suspects and identifying data concerning such subjects;
and public source materials.
Inspector General Act of 1978, 5 U.S.C. App., as amended by the
Inspector General Act Amendments of 1988.
The BOP, OIA will maintain this system of records in order to
conduct its responsibilities pursuant to the Inspector General Act of
1978, 5 U.S.C. App., as amended by the Inspector General Act Amendments
of 1988. The OIA is statutorily directed to conduct and supervise
investigations relating to programs and operations of the BOP; to
promote economy, efficiency, and effectiveness in the administration of
such programs and operations; and to prevent and detect fraud, waste
and abuse in such programs and operations. Accordingly, the records in
this system are used in the course of investigating individuals and
entities suspected of having committed illegal or unethical acts and in
conducting relating criminal prosecutions, civil proceedings, or
administrative actions.
Records in this system may be disclosed as follows:
a. In the event that records indicate a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by general statute or particular program statute, or by
rule, regulation, or order pursuant thereto, or if records indicate a
violation or potential violation of the terms of a
[[Page 44902]]
contract or grant, the relevant records may be disclosed to the
appropriate agency, whether Federal, State, local, foreign or
international, charged with the responsibility of investigating or
prosecuting such violation, enforcing or implementing such statute,
rule, regulation or order, or with enforcing the term of such contract
or grant.
b. A record may be disclosed to a Federal, State, local, foreign or
international agency, or to an individual or organization when
necessary to elicit information which will assist an investigation,
inspection or audit.
c. A record may be disclosed to a Federal, State, local, foreign or
international agency maintaining civil, criminal or other relevant
information if necessary to obtain information relevant to a BOP
decision concerning the assignment, hiring or retention of an
individual, the issuance or revocation of a security clearance, the
reporting of an investigation of an individual, the letting of a
contract, or the issuance or revocation of a license, grant or other
benefit.
d. A record may be disclosed to a Federal, State, local, foreign or
international agency in response to its request in connection with the
assignment, hiring or retention of an individual, the issuance or
revocation of a security clearance, the reporting of an investigation
of an individual, letting of a contract or the issuance or revocation
of a license, grant, or other benefit by the requesting agency to the
extent that the information is relevant and necessary to the requesting
agency's decision on the matter.
e. A record may be disclosed to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of, and the request of, the individual who is the
subject of the record.
f. Relevant records may be disclosed to an administrative forum,
including Ad Hoc forums, which may or may not include an Administrative
Law Judge, and which may or may not convene public hearings/
proceedings, or to other established adjudicatory or regulatory
agencies, e.g., the Merit Systems Protection Board, the National Labor
Relations Board, or other agencies with similar or related statutory
responsibilities, where necessary to adjudicate decisions affecting
individuals who are the subject of OIA investigations and/or who are
covered by this system, including (but not limited to) decisions to
effect any necessary remedial actions, e.g., the initiation of debt
collection activity, disciplinary and/or other appropriate personnel
actions, and/or other law enforcement related actions, where
appropriate.
g. A record may be disclosed to complainants and/or victims to the
extent necessary to provide such persons with information concerning
the results of the investigation or case arising from the matters of
which they complained and/or of which they were a victim.
h. A record may be disclosed to the National Archives and Records
Administration and to the General Services Administration during a
records management inspection conducted under 44 U.S.C. 2904 and 2906.
Information in this system is stored manually in file jackets and
electronically in office automation equipment.
Entries are arranged alphabetically and are retrieved with
reference to the surnames of the individuals covered by this system of
records.
Information and/or manual records are stored in safes, locked
filing cabinets, and office automation equipment in secured rooms or in
guarded buildings, and accessed only by authorized, screened personnel.
Records in this system are retained and disposed of in accordance
with General Records Schedule 22.
Assistant Director/General Counsel, Office of General Counsel,
Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.
Inquiries concerning this system should be directed to the System
Manager listed above.
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2), (k)(1), and (k)(2). To the extent
that this system of records is not subject to exemption, it is subject
to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to records
contained in this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Act Request.'' Include in this
request the full name of the individual involved, his or her current
address, date and place of birth, notarized signature, and any other
identifying number or information which may be of assistance in
locating the record. The requester shall also provide a return address
for transmitting the information. Access requests shall be directed to
the System Manager listed above.
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). To the extent that
this system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for contest is received. Requesters shall direct
their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reason for
contesting it, and the proposed amendment to the information.
The subjects of investigations; individuals with whom the subjects
of investigations are associated; current and former BOP officers and
employees; officials of Federal, State, local and foreign law
enforcement and non-law enforcement agencies; private citizens,
witnesses; confidential and nonconfidential informants; and public
source materials.
The Attorney General has exempted this system from subsections (c)
(3) and (4), (d), (e) (1), (2), (3), (5), and (8) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the system
has been exempted from subsections (c)(3), (d) and (e)(1) pursuant to
subsections (k)(1) and (k)(2). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553 (b), (c) and (e) and
have been published in the Federal Register.
[FR Doc. 95-21343 Filed 8-28-95; 8:45 am]
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