[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Notices]
[Pages 16760-16762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8424]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 260-2002]


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 a 
system of records. Specifically:
    The ``Access Control Entry/Exit System, JUSTICE/BOP-010'' (last 
published on October 4, 1995 (60 FR 52013)).
    The system has been only slightly revised to expand the categories 
of records to specifically include testing data for drugs, explosives, 
weapons, and other contraband. One Routine Use has been revised and a 
new Routine Use added. The storage description has been expanded to 
include compact discs (CDs). This modified system will be effective 
sixty (60) days from [the publication date].
    Title 5 U.S.C. 552a (e)(4) and (11) provide that the public be 
provided 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 May 8, 
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. 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.
    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: March 28, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/BOP-010

SYSTEM NAME:
    Access Control Entry/Exit System.

SYSTEM LOCATION:
    Records may be retained at the Central Office, Regional offices, 
and at any of the Bureau of Prisons (Bureau) facilities. A list of 
these 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:
    Current and former staff, inmates now or formerly under the custody 
of the Attorney General or the Bureau, and all visitors to Bureau 
facilities, including law enforcement personnel, contractors, 
volunteers, and inmate visitors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information retrieved and stored by the system may include any 
information relative to providing safe and secure prison facilities, to 
protecting the prison population and/or the general public, and/or, 
where appropriate, to otherwise promoting the interests of effective 
law enforcement.
    Examples include:
    (a) Identification data (much of which is collected from the 
individual), such as the person's name, current residence, social 
security number, employer, place and date of birth, age, height, 
weight, digital image, biometric identifier information, alien 
registration number, driver's license number, telephone number, 
passport number, system-generated number, hair color, eye color, sex, 
race, escort of visitor into institution, and system classification of 
individual;
    (b) other data collected from the visitor and/or from law 
enforcement to enable prison officials to determine the suitability/
acceptability of a visitor such as: the purpose of the visit, testing 
data regarding drugs, explosives, weapons and/or other contraband, 
relationship to the inmate and information indicating whether the 
visitor is under investigation by law enforcement and/or has ever been 
convicted of a crime, probation and/or parole status, name of 
supervising probation/parole officer, etc.;
    (c) records generated by the system to report entry/exit activity, 
e.g. date and time of entry/exit, entry/exit locations used; and 
location data, including location in the institution visited and/or 
movement within the institution;
    (d) any related law enforcement or investigatory data, provided by 
third parties such as inmates, courts, and other federal, state, local, 
and foreign law enforcement agencies, e.g. criminal history and/or 
investigatory data relating to potential visitors; investigatory data 
otherwise developed by Bureau officials regarding any activity, or 
suspicious activity, which may threaten the safe and secure operation 
of federal correctional facilities, e.g. remarks describing a possible 
introduction of contraband; drug testing data; and any other 
information that may enable the Bureau to pursue an internal 
investigation on a record subject.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system is established and maintained under the authority of 18 
U.S.C. 3621, 4042, 5003.

PURPOSE(S):
    The records in this system are maintained to better ensure the 
safety, security and good order of Bureau facilities; to improve staff 
ability to quickly account for all persons (inmates, visitors, and 
staff) within an institution in the event of an emergency, such as an 
institution disturbance or a natural disaster; to identify and, where 
appropriate, determine the suitability of visitors with respect to 
entering prison facilities; and, to more effectively prevent violations 
of institution policy and/or criminal activity, such as inmate escapes 
and the introduction of contraband. Where these efforts fail to prevent 
such violations, and/or where appropriate, records may be collected and 
used by the Bureau for internal investigations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    Relevant data from this system will be disclosed as follows:
    (a) To federal, state, local, foreign and international law 
enforcement agencies who have a need for the information to perform 
their duties, e.g. in the course

[[Page 16761]]

of apprehensions, investigations, possible criminal prosecutions, civil 
court actions, regulatory proceedings, inmate disciplinary hearings, 
parole hearings, responding to emergencies, or other law enforcement 
activity;
    (b) to federal, state, local, foreign and international law 
enforcement agencies in order to solicit or obtain data needed by 
prison officials for law enforcement purposes, e.g. to determine 
whether a visitor may be under investigation, have a criminal record, 
or otherwise be unsuitable to visit; or to obtain any information that 
may enable the Bureau to pursue an internal investigation pertaining to 
any record subject based on information developed by the Bureau;
    (c) 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;
    (d) 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;
    (e) to the National Archives and Records Administration (NARA) and 
to the General Services Administration in records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
    (f) 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;
    (g) 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;
    (h) 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;
    (i) to any person or entity to the extent necessary to prevent 
immediate loss of life or serious bodily injury; 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 disks, floppy diskettes, compact discs (CDs), 
magnetic tape and/or optical disks. Documentary records are maintained 
in manual file folders and/or index card files.

RETRIEVABILITY:
    Records are retrievable by identifying data, including last name, 
inmate register number, system classification category, Social Security 
number, alien registration number, system-generated identification 
number, passport number, employee badge number and/or miscellaneous 
identification number as provided by the visitor and/or other law 
enforcement agencies.

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. Similarly, paper 
records are stored in secured areas to prevent unauthorized access. 
Only those Bureau personnel who require access to perform their 
official duties may access the records described in this system of 
records.

RETENTION AND DISPOSAL:
    Records generated by the system to report entry/exit and internal 
movement activities are retained in accordance with General Records 
Schedule (GRS) 18. All other records in the system of records are 
retained until such time as the records no longer serve the purpose 
described by this system of records. At such time, these records 
(including investigatory records and/or records relating to 
disciplinary hearings and/or other appropriate personnel actions) may 
be incorporated into an appropriate, published BOP system of records 
with an approved retention schedule, or destroyed. Computerized records 
are destroyed by shredding, degaussing, etc., and documentary records 
are destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Director, Information, Policy, and Public Affairs 
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 by 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)(2) or (k)(2), from some access. A 
determination as to exemption shall be made at the time a request for 
access is received.

CONTESTING RECORD PROCEDURES:
    Same as above.

RECORD SOURCE CATEGORIES:
    Records are generated by: (1) Individuals covered by the system; 
(2) federal, state, local, tribal, foreign and international law 
enforcement agencies; and (3) federal and state probation and judicial 
offices.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Pursuant to 5 U.S.C. 552a(j)(2) or (k)(2), the Attorney General has 
exempted this system from subsections (c)(3) and (c)(4), (d), (e)(1), 
(e)(2), (e)(3), (e)(5) and (e)(8), and (g) of the Privacy Act. Rules 
have been promulgated in accordance with the requirements of 5

[[Page 16762]]

U.S.C. 553(b), (c) and (e) and may be found at 28 CFR part 16.97 (c) 
and (d).

[FR Doc. 02-8424 Filed 4-5-02; 8:45 am]
BILLING CODE 4410-05-P