[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Notices]
[Pages 11712-11714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6205]


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

DEPARTMENT OF JUSTICE

[AAG/A Order No. 256-2002]


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 entitled ``Inmate Physical and Mental Health 
Record System, JUSTICE/BOP-007''. This system, which was last published 
on September 28, 1978, (43 FR 44676, 44735), is now being modified and 
will become effective May 14, 2002.
    As previously published, the system included only those persons who 
were committed to the custody of the Attorney General and thereby to 
the Bureau of Prisons under 18 U.S.C. 4003, 4042 and 4082. The Bureau 
is modifying the system to include all additional individuals who are 
committed directly to the custody of the Bureau of Prisons, pursuant to 
the additional authority of 18 U.S.C. 3621, 5003 (state inmates) and 
inmates from the District of Columbia, pursuant to Section 11201 of 
Chapter 1 of Subtitle C of Title XI of the National Capital 
Revitalization and Self-Government Improvement Act of 1997 (Public Law 
105-33; 111 Stat. 740). The authority of 18 U.S.C. 4014 is also added 
to authorize the maintenance and disclosure of records relating to HIV 
testing. The Bureau has also added a statement on the purpose of this 
system.
    The list of records in this system has been expanded to include 
drug testing and DNA samples and analysis.
    The section on routine uses has been reorganized and expanded. New 
routine uses have been added to permit release of information to former 
employees, a court or administrative body, the General Services 
Administration for record management inspections and to prevent 
immediate loss of life or serious bodily injury in emergency 
situations, such as an inmate escape. Another new routine use assists 
the Bureau in complying with recent laws requiring limited, specific 
disclosures of

[[Page 11713]]

information concerning infectious diseases.
    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. The Bureau has 
re-designated the system manager from the Chief of Management and 
Information Systems to the Assistant Director, Health Services 
Division. The Bureau has also clarified record access procedures.
    The authorities for exemptions from certain Privacy Act provisions 
have been specified. Exemptions from subsections (e)(1) and (e)(5) have 
been added for law enforcement purposes.
    Title 5 U.S.C. 552a (e)(4) and (11) provide that the public be 
given a 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 40-
day period in which to review the system. Therefore, please submit any 
comments by April 15, 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).
    A description of the modified system is provided below.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed modification.

    Dated: February 22, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/BOP-007

System Name:
    Inmate Physical and Mental Health Record System.

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:
    Individuals currently or formerly under the custody of the Attorney 
General and/or the Director of the Bureau of Prisons.

Categories of Records in the System:
    Records in this system include: (1) Identification data, including 
name, inmate register number, date of birth, Social Security number, 
FBI number, drug testing and DNA samples and analysis; (2) medical and 
dental history and examinations (past and present), including diagnosis 
and treatment notes, records, and pharmaceutical information; (3) 
medical information concerning deaths of inmates; (4) offense 
information, including Pre-sentence Reports; (5) designations of 
inmates from parent facilities to medical facilities, including date 
and type of referral; (6) pre-certifications authorizing inmates to 
receive care at local medical facilities, including authorized and 
actual length of stay, and all associated cost information; (7) mental 
health and drug abuse information, including interview, testing data, 
and progress or observation notes, generated and maintained by Bureau 
staff; (8) mental health and drug abuse information generated outside 
the Bureau by other corrections agencies and health care providers such 
as surgical clinics, mental hospitals, private therapists, etc.; (9) 
urine surveillance reports of drug program participants; (10) automated 
data, including Electronic Signatures, Sensitive Medical Data (SMD), 
Medical Duty Status (MDS), and Diagnosis Group (DGN); and (11) 
information concerning infectious diseases, including HIV and 
Tuberculosis (TB) testing and treatment records.

Authority for Maintenance of the System:
    This system is established and maintained under the authority of 18 
U.S.C. 3621, 4014, 4042, 4082, 4241 et seq., 5003, and section 11201 of 
Chapter 1 of Subtitle C of Title XI of the National Capital 
Revitalization and Self-Government Improvement Act of 1997.

Purpose(s):
    This system assists the Bureau in providing appropriate health care 
to persons in the custody of the Bureau. It provides for the 
maintenance and release of records concerning the medical, mental and 
dental health of persons in the Bureau's custody.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Relevant data from this system will be disclosed as follows:
    (a) 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;
    (b) To community health care professionals, including physicians, 
psychiatrists, psychologists, state and federal medical facility 
personnel, who are providing treatment for a pre-existing condition to 
former federal inmates;
    (c) To federal, state, local, foreign and international law 
enforcement agencies and officials for law enforcement purposes such as 
investigations, possible criminal prosecutions, civil court actions, or 
regulatory proceedings;
    (d) To a court or adjudicative body before which the Department of 
Justice or the Bureau is authorized to appear when any of the following 
is a party to litigation or has an interest in litigation and such 
records are determined by the Bureau to be arguably relevant to the 
litigation: (1) The Bureau, or any subdivision thereof, or (2) any 
Department or Bureau employee in his or her official capacity, or (3) 
any Department or Bureau employee in his or her individual capacity 
where the Department has agreed to provide representation for the 
employee, or (4) the United States, where the Bureau determines that 
the litigation is likely to affect it or any of its subdivisions;
    (e) In an appropriate proceeding before a court or administrative 
or regulatory body when records are determined by the Department of 
Justice to be arguably relevant to the proceeding, including federal, 
state, and local licensing agencies or associations which require 
information concerning the suitability or eligibility of an individual 
for a license or permit;
    (f) To the news media and the public pursuant to 28 CFR 50.2 unless 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy;
    (g) 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;
    (h) To the National Archives and Records Administration and General 
Services Administration in records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906;
    (i) To any person or entity to the extent necessary to prevent 
immediate loss of life or serious bodily injury; and
    (j) For information relating to infectious diseases, as follows:

[[Page 11714]]

    (1) To state health departments and/or the Center for Disease 
Control, pursuant to state and/or federal laws requiring notice of 
cases of reportable infectious diseases;
    (2) To the United States Probation Office in the district where an 
inmate is being released from Bureau custody on parole, placement in a 
community-based program, furlough, or full-term release, when the 
inmate is known to be HIV positive or under treatment for exposure to 
or active Tuberculosis (TB);
    (3) To the Director of a Community Corrections Center (halfway 
house) receiving an inmate from Bureau custody when the inmate is known 
to be HIV positive or under treatment for exposure to or active TB;
    (4) To the physician/provider of a Bureau or non-Bureau staff, or 
other person exposed to a blood-born pathogen while lawfully present in 
a Bureau facility, for the purpose of providing prophylaxis or other 
treatment and counseling; and
    (k) 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:
    Records are retrievable by identifying data, including last name 
and inmate register number, and/or the inmate's social security number 
and/or FBI number.

Safeguards:
    Information is safeguarded in accordance with Bureau rules and 
policy governing automated information systems 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.

Retention and Disposal:
    Records in this system are retained for a period of thirty (30) 
years after expiration of the sentence. Documentary records are 
destroyed by shredding; computer records are destroyed by degaussing 
and/or shredding.

System Manager(s) and Address:
    Assistant Director, Health Services Division, Federal Bureau of 
Prisons; 320 First Street NW., Washington, DC 20534.

Notification Procedure:
    Inquiries concerning this system should be directed to the System 
Manager listed above.

Record Access Procedures:
    All requests for records may be made in writing to the Director, 
Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534, 
and should be clearly marked ``Privacy Act request.'' This system is 
exempt, under 5 U.S.C. 552a(j), from some access. 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 access is received.

Contesting Record Procedures:
    Same as the above.

Record Source Categories:
    Records are generated by: (1) Individuals currently or formerly 
under Bureau custody; (2) Bureau of Prisons staff; (3) community health 
care providers, including individuals, hospitals and/or other 
professionals involved in the medical, mental, and dental care of 
inmates and/or former inmates; and (4) other federal and/or state, 
local or tribal agencies, including those preparing or providing 
information on pre-sentence reports.

Systems Exempted from Certain Provisions of the Act:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(H), (e)(5), (e)(8), 
(f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j). Rules have 
been promulgated in accordance with the requirements of 5 U.S.C. 
553(b), (c) and (e).

[FR Doc. 02-6205 Filed 3-14-02; 8:45 am]
BILLING CODE 4410-05-P