[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Notices]
[Pages 9321-9323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4738]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 252-2001]


Privacy Act of 1974; System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) notice is given 
that the Federal Bureau of Prisons (Bureau) proposes to modify its 
System of Records ``Office of Internal Affairs (OIA) Investigative 
Records, JUSTICE/BOP-012.'' This system, which was last published on 
August 29, 1995, (60 FR 44901), is now being modified and will become 
effective sixty (60) days from the date of publication.
    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. 3, 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. The system covers records relating to BOP 
investigations of appropriate individuals and entities, including staff 
misconduct.
    Appropriate sections have been revised to reflect technological 
advances and new agency practices regarding the storage, retrieval, 
access, retention and disposal of records in the system. For example, 
digital recordings and Compact Discs (CDs) have been added to the 
sections describing Categories of Records and Storage. System locations 
and description of records have been updated. One routine use has been 
revised and two routine uses have been added: Routine Use (d) has been 
revised to permit the BOP to initiate disclosure of staff misconduct 
information to other government and private correctional entities, as 
well as responding to inquiries by them, as currently permitted. 
Routine Use (i) has been added to allow disclosure to contractors. 
Routine Use (j) has been added to allow disclosure to former employees. 
All other sections remain the same, including the exemptions from 
certain provisions of the Privacy Act, as previously promulgated.
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be 
provided a thirty (30) day period in which to comment. The Office of 
Management and Budget (OMB), which has oversight responsibilities under 
the Privacy Act, requires that it be given a forty (40) day period in 
which to review the system. Therefore, please submit any comments by 
April 1, 2002. The public, OMB, and the Congress are invited to send 
written comments to Mary Cahill, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (1400 
National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed modification.
    A description of the modified system is provided below. Although 
there were only a few changes to the system as previously published, 
the entire notice is provided below for the convenience of the public.


[[Page 9322]]


    Dated: February 20, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.,
JUSTICE/BOP-012

SYSTEM NAME:
    Office of Internal Affairs Investigative Records.

SYSTEM LOCATION:
    Records may be retained at the Central Office, Regional Offices, or 
at any of the Federal Bureau of Prisons (Bureau) or at any location 
operated by a contractor authorized to provide correctional, medical, 
and/or computer service to the Bureau. A list of Bureau system 
locations may be found at 28 CFR part 503 and on the Internet at http://www.bop.gov.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    In connection with its investigative duties, the Office of Internal 
Affairs (OIA) maintains records on the following categories of 
individuals:
    (a) Individuals or entities who are or have been the subject of 
investigations conducted by the Bureau including current or former 
employees of the Bureau; 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 Bureau relates to alleged violation(s) of the Bureau'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 
Bureau, including inmates and all visitors to Bureau facilities; and
    (b) Individuals who are witnesses; complainants; confidential or 
nonconfidential informants; and parties who have been identified by the 
Bureau or by other agencies, by constituent units of the Bureau or by 
members of the general public as potential subjects of or parties to an 
investigation under the jurisdiction of the Bureau, OIA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    OIA records fall into the following three categories:
    1. ``Information files'': Information received by OIA staff that is 
unrelated to current investigations and which does not suggest that 
administrative misconduct was probable, e.g. allegations of staff 
actions that are performance related.
    2. ``Complaint files'': Database entries and hard copies of all 
allegations received, including those that are screened out and do not 
generally develop into OIA investigations because the matter may be too 
old, for example.
    3. ``Investigation files'', also known as ``case files'': 
Information relating to OIA investigations, including:
    (a) Letters, memoranda, and other documents citing complaints of 
alleged criminal, civil, or administrative misconduct;
    (b) 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; nature of allegations made against suspects and identifying 
data concerning such suspects; and public source materials.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Inspector General Act of 1978, 5 U.S.C. App. 3, as amended by the 
Inspector General Act Amendments of 1988.

PURPOSE(S):
    The Bureau, OIA maintains this system of records in order to 
conduct its responsibilities pursuant to the Inspector General Act of 
1978, 5 U.S.C. App. 3, as amended by the Inspector General Act of 1988. 
The OIA is statutorily directed to conduct and supervise investigations 
relating to programs and operations of the Bureau; 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 and unethical acts in conducting 
related criminal prosecutions, civil proceedings, or administrative 
actions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
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 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 terms 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 Bureau 
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, and/or contract correctional company, in 
connection with the assignment, hiring or retention of an individual, 
the issuance or revocation of a license, grant, or other benefit by the 
agency to the extent that the information is relevant and necessary to 
the 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 at 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 
action, 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

[[Page 9323]]

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;
    (i) To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government, when 
necessary to accomplish an agency function related to this system of 
records; and
    (j) Pursuant to subsection (b)(3) of the Privacy Act, the 
Department of Justice may disclose relevant and necessary information 
to a former employee of the Department for purposes of: responding to 
an official inquiry by a federal, state, or local government entity or 
professional licensing authority, in accordance with applicable 
Department regulations; or facilitating communications with a former 
employee that may be necessary for personnel-related or other official 
purposes where the Department requires information and/or consultation 
assistance from the former employee regarding a matter within that 
person's former area of responsibility.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM

STORAGE:
    Information maintained in the system is stored in electronic media 
in Bureau facilities via a configuration of personal computer, client/
server, and mainframe systems architecture. Computerized records are 
maintained on hard disk, Compact Discs (CDs), floppy diskettes, 
magnetic tapes and/or optical disks. Documentary records are maintained 
in manual file folders, microfilm and/or index card files.

RETRIEVABILITY:
    Entries are arranged alphabetically and are retrieved with 
reference to the surname of the individuals covered by this system of 
records.

SAFEGUARDS:
    Information is safeguarded in accordance with Bureau rules and 
policy governing sensitive data and automated information system 
security and access. These safeguards include the maintenance of 
records and technical equipment in restricted areas, and the required 
use of proper passwords and user identification codes to access the 
system. Only those Bureau personnel who require access to perform their 
official duties may access the system equipment and the information in 
the system. Manual records are stored in safes and locked filing 
cabinets in secured rooms or in guarded buildings.

RETENTION AND DISPOSAL:
    Records in this system are retained as follows: (1) ``Information 
files'' are maintained for one year from the time the information is 
received; (2) ``complaint files'' are maintained for five (5) years 
from the date of the database entry; and (3) ``investigation files'' 
are retained for thirty (30) years from the year the OIA investigation 
is begun. Documentary records are destroyed by shredding; computer 
records are destroyed by degaussing and/or shredding.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Director/ General Counsel, Federal Bureau of Prisons, 320 
First Street NW, Washington, D.C. 20534.

NOTIFICATION PROCEDURE:
    Inquiries concerning this system should be directed to the System 
Manager listed above.

RECORD ACCESS PROCEDURE:
    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.

CONTESTING RECORD PROCEDURES:
    Same as above.

RECORD SOURCE CATEGORIES:
    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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    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 
5 U.S.C. 552a(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. 02-4738 Filed 2-27-02; 8:45 am]
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